Overview of Amended O. Reg. 153/04 for Phase Two Environmental Site Assessment
This content provides an overview of the requirements set by the amended Ontario Regulation 153/04 for completing a phase two environmental site assessment report. It covers the background, interactions between APGO and MOE, report templates, and the importance of meeting specific objectives and regulations in the assessment process. The focus is on guiding professionals through the necessary steps in a clear and concise manner.
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Phase Two Environmental Site Assessment Guidance An overview of the requirements of amended O. Reg. 153/04 in completing the phase two environmental site assessment report Association of Professional Geoscientists of Ontario June 13, 2013
Presentation APGO s Role Background Reminders Highlights Discussions
APGO-MOE Interaction 2008 2010: developing requirements of the new Phase One and Phase Two environmental site assessment (ESA) and Tier 2 risk assessment (RA). APGO Worked closely with MOE in 2009: Received grant from MOE to prepare ESA guidance manual. 2010: APGO Guideline on ESA completed in March 2010.
APGO-MOE Interaction continued 2010 2012: APGO conducted information/training sessions on the Guideline. The need for further editing and clarification of certain aspects in the Guideline was identified. Inclusion of report templates for Phase One and Phase Two ESAs was also recommended.
Phase One/Two Report Templates Report templates recommended by client groups including lending institutions and municipalities to facilitate standardization of reports. Templates would follow O. Reg. 153/04 reporting requirements. The purpose of today s training session is to provide overview of the phase two guidance template
Background The amended Ontario Regulation 153/04 (O. Reg. 153/04) governing requirements of Record of Site Condition (RSC) came into effect on July 1, 2011 There are prescriptive requirements for completion of the phase two ESA in support of the RSC, before it can be submitted for filing in the Environmental Site Registry
Background continued The phase two ESA must meet general and specific objectives The phase two ESA must also meet requirements of Schedule E of O. Reg. 153/04 Finally, the phase two ESA report must meet minimum requirements of Table 1 of Schedule E The APGO s phase two guidance template provides a simplified step by step explanation of the requirements in a plain language (a check list)
Background Continued The phase two ESA guidance published by the Ministry of the Environment (Ministry) is focused on providing interpretation of rules of O. Reg. 153/04. The APGO thus has put forward this template to provide explanatory notes where needed to facilitate completion of a report which would meet requirements of O. Reg. 153/04. It also provides reference to relevant sections of already published APGO s ESA guidance.
Reminders The requirements of O. Reg. 153/04 are applicable and should be fulfilled when a phase two ESA was conducted for the purpose of submitting the RSC for filing. The phase two ESA must meet all requirements of O. Reg. 153/04 including requirements of Schedule E and the minimum requirements of Table 1 of Schedule E The phase two ESA must meet general objectives (Section 33.1, O. Reg. 153/04) which is achieved by: Developing an understanding of geological and hydrogeological condition; and Conducting one or more rounds of field investigation for all area of potential environmental concern (APECS)
Reminders Continued Must consists of components as per Section 33.2, O. Reg. 153/04 The remediation is now apart of the phase two ESA and should be included in the report as an appendix. The phase two conceptual site model (CSM) is required to demonstrate the current condition of the phase two property or, where remedial actions have been undertaken, the condition of the phase two property before the remedial actions were undertaken Although a phase two ESA report may be completed for a larger property, for the purpose of submitting a RSC all requirements of the phase two ESA should meet requirements for the RSC property
Reminders Continued It is imperative that the phase two ESA report covers all sections, subsections and paragraphs of Schedule E, including Table 1 If any part/sections of Schedule E is not relevant it should be mentioned in the report and rationale should be provided For example if ground water was not part of the assessment it should be mentioned in the report with rationale and an explanation that sections pertaining to the ground water requirements are not relevant.
Highlights The phase two ESA guidance is applicable only if the work is in support of submitting a RSC for filing. The guidance is structured in a tabular format It does not take away any freedom of professional judgments and/or deviation from the proposed outline It meant to provide guidance to meet minimum requirements of O. Reg. 153/04
Highlights Continued The guidance template is in no way a complete interpretation of requirements of O. Reg. 153/04. In all cases the Ministry s interpretation and directive will supersede. The following will give a brief account and discuss some of more important aspects in detail
Highlights Continued Mandatory Requirements For phase two ESA Report Executive Summary Provide a brief summary of the report The executive summary should include a brief overall description of each section of the report It should be a stand-alone document sufficient in content to allow the reader to understand all aspects of the phase two ESA Typically, the length of the executive summary should not be more than 10% of the full text of the report (not including data, appendices and figures).
Highlights Continued The executive summary should be applicable to the RSC portion of the property If the phase two covers an area greater than the RSC property, make sure that this is clarified in the executive summary and include the aspects of the phase two ESA relevant to the RSC property (e.g., number and locations of samples). Scope of the Investigation (i) Overview of Site Investigation Provide an overview of the site investigation conducted with respect to the phase two property Summarize all tasks that are to be under taken in completion of the phase two ESA
Highlights Continued This includes description of health and safety plan, utility clearance, selection of drilling equipment, all field tasks, including equipment used, methods of sample collection, when work was performed, field observations, summary of samples collected, and analyses performed, and laboratory used Provide a brief description of the phase one conceptual site model (CSM) Provide details of any deviations from the sampling and analysis plan Any deviation should be justified and documented Provide description of any physical impediments or denial of access to the phase two (RSC) property.
Highlights Continued Planning the Site Investigation Sampling and Analysis Plan Provide the sampling and analysis plan of the site investigation as referred to in section 3 (2) to (7) of Schedule E Perhaps it is the most important document to be prepared at the planning stage Following are essential in writing sample and analysis plan. It should as a minimum include the following.
Highlights Continued Subsection 3 (2), Schedule E The qualified person shall ensure that there is a sampling and analysis plan that includes a quality assurance and quality control program, data quality objectives, standard operating procedures and a description of any physical impediments that interfere with or limit the ability to conduct sampling and analysis. Subsection 3 (3), Schedule E The quality assurance and quality control program shall include the following requirements:
Highlights Continued All non-dedicated sampling and monitoring equipment must be cleaned following each use. Minimum number of soil duplicates should be collected and analyzed Minimum number of ground water trip blanks and field duplicate should be collected and analyzed Sufficient field duplicate samples shall be collected in each medium being sampled, so that at least one field duplicate sample can be submitted for laboratory analysis for every ten samples submitted for laboratory analysis Calibration checks should be performed on all field equipments and should be documented
Highlights Continued Where ground water samples are to be analyzed for volatile organic compounds, one trip blank sample shall be submitted for laboratory analysis with each laboratory submission. Collecting quality control/quality assurance samples is a requirement regardless whether soil and /or ground water samples exceed applicable site condition standards or standards identified in a risk assessment (RA)
Highlights Continued Subsection 3 (4), Schedule E The data quality objectives for all types of field data collected during the phase two environmental site assessment field investigation that set the level of uncertainty in environmental data shall be such that, a) the decision-making is not affected; and (b) the overall objectives of the investigation are met. Data quality objectives are qualitative and quantitative statements that define the type, quality, and quantity of data necessary to support the phase two ESA This should be completed at the planning stage and should be part of the sampling and analysis plan It should include: a description of the objective of the data collection a description of the most appropriate type of data to collect a description of acceptable levels of decision errors a description of the quantity and quality of data to be collected
Highlights Continued Subsection 3 (5), Schedule E Standard operating procedures (SOP) shall be developed for all of the following field investigation methods used in the field investigation, (a) borehole drilling; excavating; soil; ground water sampling; (d) field screening measurements; including calibration procedures; (e) monitoring well installation and development; (g) field measurement of water quality indicators, including calibration procedures. Summarize all tasks that are to be under taken in completion of the phase two ESA work and the report. This includes description of health and safety plan; utility clearance; selection of drilling equipment; all field tasks, including equipment used, methods of sample collection etc. A SOP incorporating site-specific consideration should be prepared
Highlights Continued Subsection 3 (6), Schedule E The sampling and analysis plan shall include identification of and rationale and procedures for, (a) the choice of sampling system, such as a judgmental, random or grid sampling system; (b) the sampling media; (c) the number of samples; (d) sampling frequency; (e) sampling points; (f) sampling depth intervals, including the screened intervals of the monitoring wells; (g) other field information to be obtained, including water levels, field measurements and elevation surveying; and (h) samples to be submitted for laboratory analysis.
Highlights Continued Subsection 3 (7), Schedule E The sampling and analysis plan shall meet the following criteria: i. findings as to potentially contaminating activity, ii. all contaminants of potential concern or appropriate subsets of such contaminants, and iii. any other information and matters relating to the environmental condition of the property which are relevant to an informed professional judgment. After considering the matters referred to above the qualified person shall determine, i. sampling and analysis for all contaminants of potential concern, or appropriate subsets of such contaminants, and ii. appropriate sampling and analysis for any other relevant contaminants. Refer to the Analytical Protocol. The analysis should be conducted in parameter groups Individual analysis of some parameters are not allowed in the revised analytical protocol
Highlights Continued Conducting Site Investigation Sampling and Analysis of Ground Water Section 6, Schedule E Among other requirements of this section, the ground water sampling is mandatory under the following circumstances: Where phase two property is an enhanced investigation property Where there is no soil on, in or under the phase two property Delineation Section 7, Schedule E Should collect samples from areas of highest concentrations The lateral and vertical delineation should extend to the next sample point meeting the applicable site condition standard or standards identified in a RA The lateral and vertical delineation could occur during the characterisation of contaminants or during the actions taken to reduce the concentrations (Remediation)
Highlights Continued Section 16, Schedule E Ground Water sampling - exceeding applicable site condition standards Should collect samples from cross- gradient and down- gradient Section 17, paragraph 4, Schedule E Grain size Analysis Is mandatory where fine-medium textured soil standards are to be applied Soil sample for grain size analysis should be representative of the soil and ground water horizons being investigated The samples should spread out to represent entire area being investigated
Highlights Continued Ground water flow directions Section 23, Schedule E determining the ground water elevation of each aquifer in which water level measurements were taken the reference elevation of each monitoring well should be tied to the nearest geodetic or permanent and recoverable benchmark installing a minimum of three monitoring wells, not placed in a straight line, in each aquifer to be investigated, at locations and in a manner appropriate to interpret horizontal flow directions determining horizontal hydraulic gradients for each aquifer
Highlights Continued determining vertical hydraulic gradient where ground water exceeds applicable site condition standards or standards identified in a RA pay particular attention to installing a minimum of three monitoring wells where ground water sampling has been conducted, regardless whether any parameter exceeds applicable site condition standard or standards identified in a RA The monitoring wells should be installed in APEC(s) and aimed at finding maximum concentration.
Highlights Continued Review and Evaluation Phase Two Conceptual Site Model (CSM) Elements of the phase two ESA have already been covered in various sections of the report. The challenge is to consolidate all relevant information here using the headings and sub-headings in Section 43, Schedule E Make sure that all requirements under these sub-headings are described in the CSM This include narratives as well as diagrams and figures Make sure CSM includes both plan and sections and must have accurate scale. Approximate scale is not allowed. Additionally, all figures, maps, site plans and cross sections should meet requirements of Section 47, paragraph 15 of Schedule E
Highlights Continued Remember that the phase two CSM should be prepared before action to reduce concentration of contaminants have been taken (remediation) In many situations where remediation has already taken place, the CSM should construct assessment history before the remediation. Each subsections of Section 43, Schedule E must be covered in the completing the CSM For example lateral and vertical distributions of contaminants exceeding applicable site condition standards or standards specified in a RA should show samples that met standards both in plan as well as sections
Highlights Continued Phase Two ESA Report In addition to meeting the minimum requirements in Table 1 of Schedule E The report should meet all requirements of Sections 44 to 47 inclusive of Schedule E Important among other things are: How the general and specific objectives of a phase two ESA including each of its components were met To document the basis for certification in the RSC
Highlights Continued In addition to the minimum requirements of Table 1 , the qualified person is allowed to include any other relevant information (sections, headings, sub-headings) in the report The report should contain original signature of the QP and a statement by QP confirming of carrying out phase two ESA Finally, the phase two ESA report must have the references, appendices, figures and tables specified in Table 1of Schedule E
Highlights Continued Appendices Survey of Phase Two Property Provide a survey of the phase two property which has been prepared, signed and sealed by a surveyor or, where the phase two property consists of land that is administered by the Ministry of Natural Resources under the Public Lands Act, a description of the phase two property approved by the Surveyor General.
Highlights Continued Remediation Where any action has been taken to reduce the concentration of contaminants on, in or under a phase two property Provide a remediation appendix that includes sections specified in Table 1 of Schedule E All remediation work should be included in the phase two ESA report as an appendix and where applicable should be referred in the text of the report.
Discussions The floor is now open for questions and discussions
