Re: [CPEO-BIF] State of Delaware Environmental Agency Caught In Violation of EP

[LSchnapf@aol.com]

Emery,

I cannot comment on your suspicions of the DNREC. However, if its  VCP is like other state programs or follows EPA guidance, I think what it means is that the cleanup whether it is in a rural or urban area is that the remedy will be protective of human health and the environment based on the demonstrated exposure pathways. The land use will determine what exposure pathways are present. 

This does not mean that people in urban parks will necessarily be expected to be exposed to aspirin sized particles of arsenic. A risk-based cleanup may mean that either the arsenic will be removed to the extent practicable and that if residual concentrations remain above the state cleanup levels, then a land use control such as a cap or several feet of soil cover may be appropriate of the land use control can be shown to be reliable for purposes of preventing exposure. It does not mean leaving waste on a site that people can be exposed to. Risk-based cleanups are supposed to address the "risks" posed by exposure by eliminating the pathway or controlling the exposure. 

Obviously, this does require some sort of professional judgement and the public would presumably have input to opine on the protectiveness or reliability of the proposed land use restriction.

Larry 



Larry Schnapf
55 E.87th Street #8B/8C
New York, NY 10128
212-996-5395 phone
212-593-5955 fax
www.environmental-law.net website

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