DEP to Conduct Waste Cleanup Rule Workshop

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The Florida Department of Environmental Protection (DEP) recently announced that it will conduct a rule development workshop on June 30, 2015, in Tallahassee, Florida, to consider revisions to Chapter 62-777, Florida Administrative Code (F.A.C.) (Contaminant Cleanup Target Levels) and Chapter 62-780, F.A.C. (Contaminated Site Cleanup Criteria). With respect to Chapter 62-777, F.A.C., DEP is proposing to review and update the method for establishing cleanup target levels, the parameter values used, with the goal of developing updated cleanup target levels. Concurrently, Chapter 62-780, F.A.C., will be updated to incorporate those “lessons learned” since the rule was initially adopted in 2005 in regard to applying risk-based corrective action (RBCA) principles to contaminated sites and to facilitate regulatory closure. Since 2005, new techniques and approaches have been developed to support RBCA, but the rule chapter is either silent or ambiguous as to the ability of responsible parties to use these advancements. Specific topics to be addressed include evaluation of incremental sampling methodology, revision of determination of leachability, and the use and application of apportionment. This rulemaking will have significant impact on those parties responsible for conducting cleanup at contaminated sites.

It is also anticipated that DEP will convene another meeting of the Contaminated Media Forum (CMF) in mid- to late-July. The CMF is a group of stakeholders convened to discuss a wide variety of topics relating to evolving policy, scientific, and application issues associated with contaminated site cleanup and the re-use of a variety of media using risk-based management principles.

Please contact Ralph DeMeo, Mike Petrovich, or Carl Eldred should you have any questions or need more information regarding these important DEP regulatory activities.