[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71169-71172]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-81]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7414-4]
Draft Guidance For Evaluating The Vapor Intrusion to Indoor Air
Pathway From Groundwater And Soils (Subsurface Vapor Intrusion
Guidance)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is publishing a draft guidance addressing the evaluation
of the ``vapor intrusion pathway.'' The draft guidance is intended to
provide a tool to help the user conduct a screening evaluation as to
whether or not the vapor intrusion exposure pathway is complete and, if
so, whether it poses an unacceptable risk to human health. It is not
intended to provide recommendations for delineating extent of risk or
eliminating risk.
DATES: Send your comments to reach us on or before February 27, 2003.
ADDRESSES: Comments may be submitted electronically, by mail, by
facsimile, or through hand delivery/courier. Send an original and two
copies of your comments to: OSWER Docket, Environmental Protection
Agency, Mailcode: 5305-G, 1200 Pennsylvania Avenue, NW, Washington, DC
20460, Attention Docket ID No. RCRA-2002-0033. Follow the detailed
instructions as provided in section I.B.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or,
for hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323.
For more information on specific aspects of this guidance, contact
Henry Schuver, Office of Solid Waste (5303W), U. S. Environmental
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460-0002, (703) 308-8656, e-mail address:
schuver.henry@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 71170]]
I. General Information
A. How Can I Get Copies Of This Document And Other Related Information?
1. Docket
EPA has established an official public docket for this action under
Docket ID No. RCRA-2002-0033. The official public docket consists of
the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the OSWER Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744 and the telephone number for OSWER
Docket is 202-566-0207. To view docket materials, you should call in
advance and make an appointment. You may copy a maximum of 100 pages
from any regulatory docket at no charge (unless the documents require
copyright permission). Additional copies cost $0.15 per page.
2. Electronic Access
You may access this Federal Register document electronically
through the EPA Internet under the ``Federal Register'' listings at
http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments, but will make
every effort to do so if time and resources permit. If you wish to
submit CBI or information that is otherwise protected by statute,
please follow the instructions in section I.C. Do not use EPA Dockets
or e-mail to submit CBI or information protected by statute.
1. Electronically
If you submit an electronic comment as prescribed below, EPA
recommends that you include your name, mailing address, and an e-mail
address or other contact information in the body of your comment. Also
include this contact information on the outside of any disk or CD ROM
you submit, and in any cover letter accompanying the disk or CD ROM.
This ensures that you can be identified as the submitter of the comment
and allows EPA to contact you in case EPA cannot read your comment due
to technical difficulties or needs further information on the substance
of your comment. EPA's policy is that EPA will not edit your comment,
and any identifying or contact information provided in the body of a
comment will be included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
i. EPA Dockets
Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the
online instructions for submitting comments. To access EPA's electronic
public docket from the EPA Internet Home Page, select ``Information
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select
``search,'' and then key in Docket ID No. RCRA-2002-0033. The system is
an ``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
ii. E-mail
Comments may be sent by electronic mail (e-mail) to RCRA-
docket@epamail.epa.gov, Attention Docket ID No. RCRA-2002-0033. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
[[Page 71171]]
iii. Disk or CD ROM
You may submit comments on a disk or CD ROM that you mail to the
mailing address identified in Unit I.B.2, below. These electronic
submissions will be accepted in WordPerfect or ASCII file format. Avoid
the use of special characters and any form of encryption.
2. By Mail
Send an original and two copies of your comments to: OSWER Docket,
Environmental Protection Agency, Mailcode: 5305-G, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0033.
3. By Hand Delivery or Courier
Deliver your comments to: OSWER Docket, EPA West Building, Room
B102, 1301 Constitution Avenue, NW, Washington DC, 20004, Attention
Docket ID No. RCRA-2002-0033. Such deliveries are only accepted during
the Docket's normal hours of operation as identified in section I.A.1.
4. By Facsimile
Fax your comments to (703) 603-9234, Attention Docket ID No. RCRA-
2002-0033.
C. How Should I Submit CBI To the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: RCRA CBI Document Control Officer, Office of Solid Waste,
Environmental Protection Agency, Mailcode 5305-W, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0033. You may claim information that you submit to EPA as CBI by
marking any part or all of that information as CBI (if you submit CBI
on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and
then identify electronically within the disk or CD ROM the specific
information that is CBI). Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. Summary
The draft guidance (Evaluating the Vapor Intrusion to Indoor Air
Pathway From Groundwater and Soils) examines a single exposure
pathway--the ``vapor intrusion pathway.'' It is intended to be a
screening tool to aid users in determining whether a vapor intrusion
pathway is complete and, if so, whether the completed pathway poses an
unacceptable risk to human health. A complete pathway means that humans
are exposed to vapors originating from site contamination. The draft
guidance begins with simple and generally reasonable conservative
screening approaches and gradually progresses toward a more complex
assessment involving increasingly greater use of site-specific data.
For those sites determined to have an incomplete vapor intrusion
pathway, further consideration of the current site situation generally
should not be needed. For those sites determined to have a complete
pathway, guidance is provided to evaluate whether the pathway does or
does not pose a potential significant risk to human health.
This draft guidance is not intended to provide recommendations to
delineate the extent of risk or eliminate the risk. Its sole purpose is
to determine if there is a potential for an unacceptable risk. EPA
generally recommends reevaluation of those sites that are screened-out
if site conditions or land use changes in a way that might alter a
decision to screen-out, or other new information suggests greater
conservatism is appropriate in assessing the vapor intrusion pathway.
Because this is a draft guidance document, not a regulation, it is
not subject to the notice and comment requirements of the
Administrative Procedure Act. Nonetheless, EPA is choosing, in its
discretion, to solicit comments on the document in the interest of
developing the most accurate, useful guidance document.
III. At What Sites Are We Currently Suggesting You Use This Guidance?
EPA suggests that you use this draft guidance at RCRA Corrective
Action, CERCLA (National Priorities List and Superfund Alternative
Sites), and Brownfields sites, but, at this time, we do not recommended
it for use at Subtitle I Underground Storage Tank (UST) sites.
We recommend that State and Regional UST corrective action programs
continue to use a risk-based decision making approach as described in
OSWER Directive 9610.17: Use of Risk-Based Decision Making in UST
Corrective Action Program to address this pathway at UST sites.
IV. Data Evaluation
Vapor intrusion is a rapidly developing field of science and policy
and this draft guidance is intended to aid in evaluating the potential
for human exposure from this pathway given the state-of-the-science at
this time. EPA will continue to explore this area in efforts to improve
the state-of-the-science of this complex exposure pathway. A workgroup
of EPA and State representatives is currently being organized to
evaluate this pathway over the next several years. As the state-of-the-
science improves, this guidance will be revised as appropriate. EPA and
State site managers are encouraged to contact EPA's Office of Solid
Waste (OSW) to join the workgroup and/or provide the workgroup with
relevant site information that can be added to the Office of Solid
Waste and Emergency Response (OSWER) database to facilitate these
efforts.
V. Will This Draft Guidance Supersede Existing Guidance?
This draft guidance supersedes the draft RCRA EI Supplemental
Guidance for Evaluating the Vapor Intrusion to
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Indoor Air Pathway (December 2001). It does not supersede State
guidance. However, EPA believes that States will find this guidance
useful and anticipates that States will consider this draft guidance
when evaluating the vapor intrusion pathway. Additionally, the lead
regulatory authority for a site may determine that criteria other than
those recommended in this draft guidance are more appropriate for the
specific site or area. For example, site-specific indoor air criteria
may differ from the generic indoor air criteria generally recommended
in this guidance and, consequently, the corresponding soil gas or
groundwater screening levels may differ. Also, the site-specific
relationship between indoor air concentrations and subsurface soil gas
or groundwater concentrations may differ from that assumed in
developing this guidance. Therefore, we suggest that the first step
generally should be to consult with the lead regulatory authority to
identify the most appropriate approach for evaluation of any potential
vapor intrusion to indoor air pathway.
VI. When Do We Recommend You Start Using This Draft Guidance?
EPA recommends that you consider the use of this draft guidance
now.
Although the document is still in draft and EPA is requesting
comment on it, it has gone through extensive internal and inter-agency
review, and we believe it is a technically sound product. While we hope
to receive useful comments that will result in improvements when the
draft is finalized, we believe the document in its current state
provides the best guidance and information currently available on these
issues.
Please recognize that this is a guidance document, not a
regulation. This document presents current technical and policy
recommendations of the Office of Solid Waste and Emergency Response,
based EPA's current understanding of the subsurface vapor intrusion.
EPA personnel (and of course, states) are free to use and accept other
technically sound approaches, either on their own initiative, or at the
suggestion of responsible parties or other interested parties. In
addition, personnel who use this guidance document are free to modify
the approach recommended in this guidance. This guidance document does
not impose any requirements or obligations on EPA, states, or the
regulated community. Rather, the sources of authority and requirements
for addressing subsurface vapor intrusion are the relevant statutes and
regulations (e.g., RCRA, CERCLA and the NCP).
Dated: November 22, 2002.
Marianne Lamont Horinko,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 02-30261 Filed 11-27-02; 8:45 am]
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