IDEM's New RISC Updates Under House Enrolled Act 1162
On February 15, 2010, IDEM announced new Interim RISC Nondefault Recreational Closure Levels, a Vapor Intrusion Pilot Program Guidance Supplement, a new TPH Fractionation Tool, and work underway to implement House Enrolled Act 1162 (2009).
The interim nondefault recreational surface soil closure levels may be used to evaluate most recreational locations and facilities, including parks, trails, walkways, and sports complexes. These new recreational levels are not intended, however, for children playground areas where swing sets and other playground equipment concentrate children. IDEM stated that the recreational closure levels use RISC industrial soil direct contact levels as a cap to protect park employees. However, as shown below for some of the more common contaminants, the levels vary.
In the vapor intrusion guidance document, the indoor air action levels for some compounds were corrected to default to the non-carcinogenic endpoint level (if lower than the carcinogen endpoint level) and some new compounds were added. Some of the more common indoor air action levels for typical vapor intrusion contaminants changed; e.g., tetrachloroethylene (PCE), 1,2 dichloroethane (1,2 DCA), and benzene. As IDEM stated in its Draft Vapor Intrusion Pilot Program Guidance (April 26, 2006), exceeding an action level does not require that the residents vacate the premises, but it does require action to reduce the level of indoor air contaminants, such as by installing an indoor air vapor extraction system.
Finally, House Enrolled Act 1162 (2009) changed IDEM’s remediation process in several ways. HEA 1162 requires IDEM to consider institutional controls for controlling exposure pathways, environmental restrictive covenants (municipal groundwater ordinances) in evaluating remediation proposals, and “conditions subsequent” for use in the Voluntary Remediation Program. Conditions subsequent will require the responsible party to satisfy certain conditions of the covenant not to sue to maintain certain legal protections afforded by the covenant not to sue. IDEM advised that it will be providing notice of its policy and technical issues to implement HEA 1162 on its website.
In This Article
You May Also Like
In Bittner v. United States, Supreme Court Delivers Non-Willful FBAR Penalty Relief Key Takeaways from the American Bar Association’s 38th Annual National Institute on White Collar Crime