Petroleum-Contaminated Soil Guidance Policy

STARS #1

(Last Revised - August 1992)

Section I - Purpose and Applicability

The goal at each petroleum spill site is to remove the spilled petroleum product from the soil in the most efficient and safe manner in order that the soil may be returned to a reusable product. When complete removal is not possible, practical, or cost effective, the objective is to remediate the contaminated media to concentration levels which will protect groundwater, human health and the environment.

The Petroleum-Contaminated Soil Guidance Policy is intended to provide direction on the handling, disposal and/or reuse of non-hazardous petroleum-contaminated soils. The reuse or disposal options for excavated soils vary depending on the level of treatment provided consistent with protecting the public health and the environment. While this document does not establish standards, it is intended as guidance in determining whether soils have been contaminated to levels which require investigation and remediation.

This document also constitutes a determination of beneficial use by the Department, as defined in Solid Waste Regulation NYCRR Part 360. Petroleum-contaminated soil, if determined to satisfy the criteria herein, can be reused or disposed of as directed in this guidance. Therefore, soils which meet beneficial use conditions are no longer a solid waste in accordance with NYCRR Part 360-1.2(a)(4).

This guidance is intended for Regional Spill Investigators, Regional Solid Waste staff and responsible parties to assist them in determining the acceptability of remedial activities at a petroleum spill site or in determining the acceptability of a site assessment. It may be applied to both excavated and non-excavated material. The evaluation method and guidance values included in this guidance may be used to determine the limits of contamination, such as defining the extent of contamination in an excavation which contains contaminated material. Situations may exist where results of sampling analysis will require interpretations or subjective judgment, as with certain nuisance characteristics such as odors. These interpretations and judgments will be made solely by the DEC representative on site. There may be instances where the DEC will opt to digress from this guidance to establish cleanup goals reflecting site-specific circumstances at a particular petroleum spill site.

The guidance may also be used by responsible parties to develop corrective action plans which will achieve the criteria set forth in this document.

Issuing Authority: Robert G. Hampston
Title: Director, Division of Construction Management

Issuing Authority: Norman H. Nosenchuck
Title: Director, Division of Solid Waste

Section II - Hazardous Waste Determination

An initial determination ⁽¹⁾ must be made on all excavated petroleum-contaminated soil as to whether or not it is a hazardous waste. The hazardous waste determination typically involves laboratory analysis to quantify contaminant concentrations in the waste material. The DEC and EPA regulations, however, allow the generator of the waste to use knowledge of the waste and/or laboratory analysis to make a hazardous waste determination. Petroleum-contaminated soils are generally stored on site while laboratory analysis results are obtained and evaluated. As long as the material is segregated from the environment by impervious material, such as polyethylene sheeting, the petroleum-contaminated soil may remain on site until appropriate laboratory results are available and interpreted.

A petroleum-contaminated soil is considered a characteristic hazardous waste when it exhibits any of the following characteristics: ignitability, corrosivity, reactivity, or toxicity, as defined in 6NYCRR Part 371, Section 371.3, or 40 CFR Section 261. Knowledge of soils contaminated with virgin petroleum products indicates that those waste materials do not demonstrate ignitability, corrosivity, or reactivity characteristics. Therefore, the only characteristic of concern for virgin petroleum-contaminated soil is toxicity. The Toxicity Characteristic (TC) Rule identifies benzene and lead as compounds which may cause petroleum-contaminated waste to be hazardous. Analysis of additional parameters may be necessary for petroleum-contaminated soil located at sites where other contaminants may be present. Refer to Appendix A for more specific information regarding the procedures for hazardous waste determination, and the TC Rule regulatory levels.

If the contaminated soil has been excavated and if the hazardous waste criteria apply, then the contaminated soil is classified as a hazardous waste. Excavated soil which is hazardous due to any non-petroleum component will be referred to the Division of Hazardous Waste Remediation, and the Division of Hazardous Substances Regulation to determine appropriate remedial actions.

If in-situ soil is contaminated by a petroleum product, and if the above hazardous waste criteria are met, the site will be remediated under the direction of the Bureau of Spill Prevention and Response to provide for protection of human health and environmental quality. In-situ soil, which violates any of the hazardous waste criteria due to any non-petroleum component, will be referred to the Division of Hazardous Waste Remediation, and the Division of Hazardous Substances Regulation to determine appropriate remedial actions.

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¹ In-situ or excavated soils which could contain contaminants other than petroleum products, by virtue of laboratory analysis, site history, visual observations, etc., will be sampled and analyzed by either the responsible party or by the Bureau of Spill Prevention and Response (BSPR). The Division of Hazardous Substance Regulation (DHSR) will provide assistance to BSPR staff (for state-funded projects) and responsible parties in making hazardous waste determination for their generated waste.

Section III - Soil Cleanup Guidelines and Section IV - Guidance Values

Note: Soil Cleanup Guidelines and Guidance Values were replaced by CP-51: Soil Cleanup Guidance (PDF) - Issued 10/21/2010; Effective 12/03/2010.

Section V - Laboratory Analysis

There are a variety of laboratory methods, established by the USEPA and the NYS Department of Health (DOH), which can be used to analyze petroleum-contaminated soils. The selection of appropriate laboratory methods depends on the compounds of concern, the detection limits for each compound, the nature of the samples to be analyzed, the capabilities of the laboratory, and the regulatory limits or Guidance Values to be achieved. The methods recommended and most often used for petroleum-contaminated soils are EPA Standard Methods 8021, 8270 (Base/Neutrals) and the TCLP extraction process. In every case, the NYSDEC will evaluate laboratory results from NYSDOH-approved laboratories only.

Each laboratory method identifies compounds which can be quantified with an acceptable degree of precision and accuracy. Many laboratory methods have petroleum compounds as target compounds, along with non-petroleum compounds. Method 8270, for example, identifies acid extractable hydrocarbons and base/neutral extractable hydrocarbons. The semi-volatile constituents of petroleum products are a sub-set of the base/neutral extractable compounds under Method 8270. Therefore, when requesting this analysis, base/neutrals only should be specified.

Some laboratories may be able to quantify non-target compounds of concern with particular methods. For example, there is no laboratory method which lists MTBE (methyl t-butyl ether) as a target compound; however, laboratories can include MTBE in their analysis using Method 8021. Therefore, when requesting this analysis, Method 8021 plus MTBE should be specified.

Each laboratory method establishes minimum concentrations of the target compounds which can be detected under ideal conditions using that particular procedure. These Method Detection Limits (MDLs) are rarely achievable under actual conditions in an analytical laboratory. Laboratories report their actual detection limits as Practical Quantitation Limits (PQLs). The PQLs for analysis on a liquid matrix are generally four times the MDLs. With a solid matrix, the PQLs will be affected by the quantity of contamination present, categorized as low, medium or high concentrations. Lower PQLs are generally possible with low level soil contamination. Laboratories must identify their PQLs when reporting analytical results.

Laboratories and methods to be utilized should be selected according to the best detection possible for the compounds of interest, and the regulatory or guidance levels needed to be achieved. For example, Table 2 indicates that naphthalene is a target compound for Method 8021 and Method 8270. Both of these methods can provide detection levels in a liquid matrix below the TCLP Extraction Guidance Value of 10 ppb. Therefore, either method could be used for analysis of a liquid matrix of naphthalene. However, for a solid matrix, Method 8021 is capable of providing much better detection of naphthalene than Method 8270. If the soil concentrations for naphthalene will be compared to the TCLP Alternative Guidance Value of 200 ppb, then Method 8021 should be used instead of Method 8270. If the soil concentrations for naphthalene will be compared only with the nuisance protection level of 10,000 ppb, or the Human Health Guidance Value of 300,000 ppb, then both Method 8021 and Method 8270 are capable of providing satisfactory detection levels for naphthalene.

Initial laboratory analysis should address the full range of compounds which may be present, considering the petroleum products involved. In consideration of prior laboratory results, potential contaminants may be eliminated from subsequent sampling analysis lists. As the contaminants are identified or eliminated, it may be appropriate to change laboratory methods during a project, to avoid unnecessary laboratory expenses. In addition, it may be appropriate to discuss analytical work with the laboratory in terms of the actual compounds of interest rather than method numbers and their defined target compounds. The final laboratory results for a project, however, should address the same full range of compounds as the initial sampling results, to confirm that the interim results did not overlook the appearance of other compounds. For example, gasoline-contaminated soil which is undergoing on-site bioremediation should be analyzed initially using Method 8021 plus MTBE. If only benzene, toluene, ethyl benzene and xylenes are detected, then Method 8020 could be used for interim sampling events. Upon completion of the bioremediation project, the soil should be analyzed using Method 8021 plus MTBE, to demonstrate the satisfaction of the Guidance Values applicable to the selected reuse option.

A detailed description of analytical protocols and procedures is .available in the DEC Sampling Guidelines and Protocols manual.

Section VI - Sampling

Samples should be collected in such a manner so as to best characterize the extent of contamination of the soil in question. There is no specific number or type of samples which will apply to all situations and best engineering judgment will have to be used. The type of sample, grab or composite, will vary depending upon the constituent being identified. While grab samples come from one location, composites come from several locations and are joined to form one sample. When volatiles are in question, care must be taken when collecting composite samples to minimize the loss of volatiles during handling. In order to minimize handling of volatiles, several grab samples are preferred, with confirmatory composite samples. When sampling for semi-volatiles, several composite samples are preferred, with confirmatory grab samples.

The treatment process (if any) will also have a bearing as to how well a soil may be characterized. Low temperature thermal treatment units (e.g. rotary kiln dryers) process soil resulting in a more homogeneous mixture than would be obtained from a stationary pile. The following guidance is offered to assist the Regional Spill Investigator in determining the number and types of samples which should be requested for various treatment scenarios. More comprehensive samples may be required depending on the reuse or disposal alternative to be used.

The responsible party and the Regional Spill Investigator should agree on a sampling plan and review procedure before the samples are collected. All sample results submitted for regulatory compliance must be analyzed by New York State Department of Health approved laboratories.

A detailed description of soil sampling protocols and procedures is available in the DEC Sampling Guidelines and Protocols manual.

1. Tank Pit

   If there is a question as to the extent of residual contamination, or if comprehensive documentation is necessary, a tank pit may be sampled for laboratory analysis.

   A total of five samples should be taken from the excavation. One composite sample from each of the side walls at a distance approximately one third up from the bottom of the pit. Several samples should also be collected to form one composite sample from the bottom of the pit. Any remaining samples should be grab samples from areas with greater potential for contamination such as stained soils, adjacent to a corrosion hole, opposite a manway, or opposite a tank opening. All samples shall be taken no less than six inches below the exposed surface being sampled. Samples for compositing should be taken from random locations on the floor and walls of the tank pit.

2. Soil Pile

   The number of samples required for an excavated pile will be related to the quantity of soil stockpiled. The table below can be used as a guide in determining the appropriate number of samples. If, in the opinion of the Regional Spill Investigator, additional samples are warranted, they should be requested.

   Recommended Number of Soil Pile Samples

   Soil Quantity (yd3)	Contaminant and Sample Type
   	Semi-volatiles		Volatiles
   	Grab	Composite	Grab	Composite
   0-50	1	1	1	1
   50-100	1	2	2	1
   100-200	1	3	3	1
   200-300	1	4	4	1
   300-400	2	4	4	2
   400-500	2	5	5	2
   500-800	2	6	6	2
   800-100	2	7	7	2

   >1000 - Proposed Sampling plan shall be submitted for approval on site specific basis

   Best engineering judgment is needed to determine the most appropriate sampling locations. The objective of the sampling is to characterize the extent of contamination of the pile. Consideration should be given to how the soil was stockpiled. Is the most contaminated soil toward the top? Are areas visibly contaminated? How high and how long is the pile? It may be preferable to divide the pile into manageable segments. Samples should be taken from within the pile. Surface soil should not be used as sampling material. Samples shall be collected in accordance with proper sample collection techniques. All samples must be collected in glass containers with air-tight sealable tops.

   Using the above sampling table, considering the factors mentioned above, and applying best engineering judgment, an acceptable evaluation of the contaminant concentrations in the soil can be made.

3. Processed Soil

   Processed soil is soil which undergoes physical handling during a treatment process. Examples of treatment processes are rotary kiln dryers (low temperature thermal treatment units) or soil washing units. Soil under these conditions are more homogeneously mixed; therefore, individual samples are more likely to characterize the entire lot. Since these processes are continuous in nature, the samples should be collected over a period of time similar to that described below:

   1. A sample may be collected every twenty minutes for a period of two hours. The samples are then mixed to form one composite sample. This frequency will continue until all soils are processed. The twenty minute composite interval is a guideline which can be adjusted based on the amount of soil processed and the processing period. Testing protocols are specifically defined in the treatment unit's operating permit.
   2. At least one grab sample should be taken for every two sets of composites.
   3. A minimum of two samples (1 grab, 1 composite) should be taken for any treated soil batch.

4. Aboveground (Ex-Situ) Treatment

   Typical aboveground treatment technologies are bioremediation and soil vapor extraction. Soil remediated under these conditions will be mixed (tilled) and spread evenly over a wide area. The soil will be spread to a uniform thickness, usually no higher than two feet, although depths may be higher for soil vapor extraction treatment. The shallow depth makes sample collection an easy process. The number of required samples can be based on the quantity of soil being treated (see above table). Depth of the sample can be anywhere from six inches to the bottom of the treatment layer. Care must be taken not to penetrate the liner material. The sampling locations and depths must be randomized.

5. Non-Excavated (In-Situ) Treatment

   Treatment of non-excavated soil is similar to .aboveground treatment in that the contamination is spread over a wide area. It differs, however, in that the depths of the contaminated zone are varied and usually extend much deeper. Once the volume of contaminated material is determined, the above table can be used to determine the number of required samples. The sampling locations and depths must be randomized.

Section VII - Management of Excavated (EX-SITU) Contaminated Soils

Once non-hazardous petroleum-contaminated soil is moved from its original state, it is by definition a solid industrial waste and must be managed in accordance with Part 360 and transported in accordance with Part 364 regulations. There are several alternatives available to properly handle this contaminated soil.

1. Soils Which Do Not Meet Guidance Values

   Soils which do not meet the guidance values can be processed under a specific DEC Beneficial Use Determination (BUD), such as at an approved hot-mix asphalt batching plant or at a cold-mix asphalt plant, disposed of at a DEC authorized landfill, or treated on site.

   1. Reuse Under Specific Beneficial Use Determinations

      The DEC Division of Solid Waste has made Beneficial Use Determinations (BUD's) under 6 NYCRR Part 360, identifying recycling or re-use activities which are not subject to Part 360 regulations. The use of petroleum-contaminated soil in a manufacturing process to produce a marketable product may be eligible for BUD issuance. Each manufacturing process operator must maintain compliance with the specific requirements of the issued BUD. Hot-mix and cold-mix asphalt manufacturing are two examples of processes which have received BUD's, and other processes may be approved by the Division of Solid Waste in the future.

      1. Reuse at an Approved Asphalt Batching Plant

         Several asphalt plants have been authorized to accept non-hazardous contaminated soil, for use as aggregate, provided the plant is in compliance with any other DEC regulations which may apply to the facility. For example, the use of petroleum-contaminated soil may require a modification of the facility's air emission permit.

      2. Production of Cold-Mix Asphalt

         A Beneficial Use Determination (BUD) has been issued to the process which combines liquid asphalt emulsion with the contaminated soil to produce a cold-mix asphalt. Approval to process petroleum-contaminated soil to produce a cold-mix asphalt is issued by the Spill Response Program. The applicant must satisfy specific testing requirements prior to receiving approval to process. Each BUD identifies allowable uses for the manufactured cold-mix asphalt and any qualifying conditions and post-treatment testing protocols.

         These asphalt products, if being stockpiled or transported for disposal rather than reuse, no longer meet the requirements for these BUDs and are subject to all applicable regulatory provisions of 6NYCRR Parts 360 and 364.

         PCS containing asphalt products, which are left in a stockpile and are not being beneficially used, remain a solid waste until such use is accomplished. These materials shall be removed from the stockpile for beneficial use in accordance with their beneficial use approval requirements, or disposal if necessary, as rapidly as possible.

   2. Disposal at an Authorized Landfill

      A DEC-authorized landfill is one which either has an operating permit or is under a consent order. While this is not the preferred method of dealing with contaminated soil, it may be the most economical or, due to site constraints, the only alternative. Additional restrictions may be required by the landfill operators prior to accepting materials at their facilities.

   3. Treatment On Site

      Non-hazardous petroleum-contaminated soil may be treated on the site of generation without a DEC Part 360 Permit. Depending on the treatment technologies being utilized, other DEC permits may be required for air emissions and water discharges. The soil treatment processes may involve excavation of soils, securely stockpiling the soils until treatment is initiated, aboveground treatment of the soils, and/or placement of soils back into an excavation for treatment. The Regional Spill Investigator should require a remedial plan, signed by the responsible party, prior to the placement of contaminated soils into an excavation for treatment.

      If the soil is to be placed back in an excavation for treatment, and if the excavation is determined to be uncontaminated, the excavation must be prepared and lined in such a manner to protect it against contamination from the soil which will be treated. However, if the excavation is contaminated it shall be the decision of the Regional Spill Investigator as to whether a liner is necessary.

      All excavated soil shall be placed on an impervious material (eg: polyethylene sheeting) with the sides banked so as to control and contain run-off. During periods when no treatment is on-going, the surface of the pile(s) must also be covered with an impervious material.

      The site may have to be evaluated for its impact to the ambient air. Cross media contamination shall be minimized and aesthetic or nuisance issues shall be addressed. If space on the site is limited, or if the protection of the public health is in jeopardy, then on-site treatment will not be allowed and soil must be removed to a permitted location for treatment or disposal.

      There are several methods of on-site soil treatment. Typical among these are soil venting, bioremediation, soil washing and low temperature thermal treatment. All treatment should be evaluated based on its ability to achieve the desired result in the most economical and efficient manner.

2. Soils Which Meet Guidance Values

   The reuse options available for de-contaminated soil depends upon which particular Guidance Values are satisfied by the soil. Table 3 identifies the reuse options and the Guidance Values which must be met to use each reuse option.

   As described earlier, the DEC Division of Solid Waste (DSW) has issued a Generic Beneficial Use Determination (BUD) which exempts petroleum-contaminated soils, which have been successfully incorporated into an asphalt product by a Bureau of Spill Prevention and Response (BSPR) approved producer and which will be utilized in a bond fide paving project.

   In addition, the DSW has determined that soils which satisfy the appropriate Guidance Values and which will be reused as highway sub-base material, fill for the original excavation, fill elsewhere on the site of generation, or fill off-site at pre-approved locations, are being beneficially used and are exempt from the provisions of 6NYCRR Part 360. These soils are also exempt from 6NYCRR Part 364 since they no longer meet the Part 364 definition of "solid waste".

   The reuse options are not listed as a hierarchy; however, off-site reuse is generally less desirable. The Regional Spill Supervisor or his/her designee will review all appropriate soil sampling data to determine if the criteria has been met for the requested reuse option. Upon request from the responsible party, the evaluation of the submitted data shall be documented with a statement from the Regional Spill Supervisor that the soil does or does not meet the criteria for the desired reuse option. The DEC and its designee assume no liability when evaluating data for a responsible party with regard to the reuse or disposal of the soil in question. The generator of the soil has the ultimate responsibility for the accurate and precise characterization, and the safe and proper reuse or disposal of the material. In addition, soil which is being reused off site shall not be allowed to be transported prior to the receipt of the laboratory reports confirming that the soil has satisfied the appropriate Guidance Values of this guidance document. The responsible party shall maintain all field data, laboratory results, and final disposition records for three years.

   The possible reuse options are presented below. Additional uses of decontaminated petroleum-contaminated soil may be identified in a Part 360 Permit or BUD for a specific facility.

   1. Reuse as a Construction Material

      Soil which satisfies the Guidance Values for groundwater protection, human health protection and nuisance characteristics can be reused as construction material. Construction material can include hot asphalt, cold-mix asphalt, concrete, roadway sub-base, etc. Final destination of the soil shall be identified prior to removal from the site.

   2. Returned to the Original Excavation

      Soil which satisfies the Guidance Values for groundwater protection, human health protection, and nuisance characteristics, can be placed back in the hole from which it was excavated.

   3. Placed Elsewhere on Site

      Soil which satisfies the Guidance Values for groundwater protection, human health protection, and nuisance characteristics, can be placed anywhere within the confines of the contiguously-owned property from which it originated.

   4. Reuse Off-Site at a Pre-Approved Location

      The Regional Spill Engineer and Regional Solid Waste Engineer may .approve a request for an off-site reuse location for remediated soil which satisfies the Guidance Values for groundwater protection, human health protection, and nuisance characteristics. Sites which may be considered for this option are industrial sites, authorized construction and demolition debris landfills, petroleum storage facilities, authorized landfills, or other locations where public access is limited. Written approval must be received from the property owner(s) prior to exercising this reuse option. The responsible party may submit such a request to the Regional Spill Engineer who will coordinate with the Regional Solid Waste Engineer to approve or disapprove the request.

3. Rock Debris

   Rock debris, for purposes of this policy, is defined as those rocks which are four (4) inches or greater in diameter. They shall be cleaned of any packed-on petroleum-contaminated soil. These rocks are not treated as a solid waste and can be disposed of as construction and demolition debris.

   If rock debris cannot be separated from the petroleum-contaminated soil, it shall be handled as a solid waste in accordance with NYCRR Part 360 and/or Part 364 requirements.

Section VIII - Management of Non-excavated (IN-SITU) Contaminated Soil

In-situ contaminated soil may pose a threat to the groundwater, human health and the environment. These sites must be evaluated to determine the extent of contamination and the appropriate investigative or remedial actions necessary. The soil may be treated in-situ and evaluated by the same guidelines as excavated soil, while taking into account site-specific considerations and conditions.

Additional guidance will be developed to establish procedures for .evaluating the potential impacts of non-excavated (in-situ) contaminated soils. Issues which should be considered when evaluating in-situ contaminated soil are environmental sensitivity of the site, level of residual contamination, soil characteristics, depth to groundwater, present and potential land use. A proper sampling plan will be necessary to determine the number, quantity and depth of samples to properly characterize the site.

Section IX - References

NYS Department of Environmental Conservation, Cleanup Standards Task Force, DRAFT Cleanup Policy and Guidelines , October 1991.

NYS Department of Environmental Conservation, Division of Hazardous Substances Regulation, 6NYCRR Part 364, Waste Transporter Permits , January 12, 1990.

NYS Department of Environmental Conservation, Division of Hazardous Substances Regulation, 6NYCRR Part 371 Identification and Listing of Hazardous Wastes, December 25, 1988.

NYS Department of Environmental Conservation, Division of Solid Waste, 6NYCRR Part 60 Solid Waste Management Facilities, May 28, 1991 .

NYS Department of Environmental Conservation, Division of Water, Sampling Guidelines and Protocols, March 1991.

NYS Department of Environmental Conservation, Division of Water, Spill Response Guidance Manual , January 1990.

NYS Department of Environmental Conservation, Division of Water, Technical and Operation Guidance Series (1.1.1), Ambient Water Quality Standards and Guidance Values, November 15, 1991.

US Environmental Protection Agency, 40 CFR Part 261 Identification and Listing of Hazardous Wastes , June 29, 1990.

US Environmental Protection Agency, Health Effects Assessment Summary .Table , April 4, 1991.

Appendix A
Hazardous Waste Determination and Regulatory Levels

In accordance with DEC and EPA regulations, the generator of a waste material must determine if the material is a hazardous waste or a non-hazardous waste. The generator can make this determination using knowledge of the waste and/or laboratory analyses.

A waste material can be a hazardous waste due to its origin, its listed waste content, or its characteristics.

Soil contaminated with virgin petroleum products is a hazardous waste if it exhibits a characteristic of a hazardous waste, namely, ignitability, corrosivity, reactivity, and toxicity. The hazardous waste characteristics, defined in 6NYCRR Part 371, Section 371.3, and 40 CFR Section 261, are described below.

1. Ignitability:

   A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

   1. Is not a liquid and is capable under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
   2. It is a liquid, other than an aqueous solution containing less than 24 percent ethyl alcohol by volume, and has a flash point less than 60 °C (140 °F).
   3. It is an ignitable compressed gas.
   4. It is an oxidizer.

   In accordance with guidance from the DEC Division of Hazardous Substances Regulation and based on knowledge of the waste, soils contaminated with virgin petroleum products do not exhibit the above properties and do not have to be tested for the ignitability characteristic.

2. Corrosivity:

   A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

   1. It is aqueous and has pH less than or equal to 2 or greater than or equal to 12.5.
   2. It is a liquid and corrodes steel at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 ° F).

   Based on knowledge of the waste, soils contaminated with virgin petroleum products do not exhibit the above properties, and do not have to be tested for the corrosivity characteristic.

3. Reactivity:

   A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

   1. It is normally unstable and readily undergoes violent change without detonating.
   2. It reacts violently with water.
   3. It forms potentially explosive mixtures with water.
   4. When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
   5. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in quantity sufficient to present a danger to human health or the environment.
   6. It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
   7. It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
   8. It is a forbidden explosive, a Class A explosive or a Class B explosive.

   Based on knowledge of the waste, soils contaminated with virgin petroleum products do not exhibit the above properties, and do not have to be tested for the reactivity characteristic.

4. Toxicity:

   If the Toxicity Characteristic Leaching Procedure (TCLP) extract from a representative sample of the waste contain any of the contaminants identified in the attached listing of Hazardous Waste Regulatory levels at concentrations equal to or greater than the values listed, it is a hazardous waste.

   With respect to petroleum-contaminated soil, the primary compound of concern is benzene. If the benzene concentration in a TCLP extract is equal to or greater than 500 ppb, the contaminated material is a characteristic hazardous waste. For gasoline contaminated soil, toxicity for lead must also be evaluated.

   The regulatory level of benzene in the soil is determined by analyzing the soil using the TCLP extraction method and determining the concentration in the extract.

   A second method of determination is to identify the total concentration of the contaminant in the soil. If the total concentration is less than the regulatory level, then the leachate level could not possibly exceed the standard. This approach would save laboratory costs because the TCLP would not have to be run. If the total concentration in the soil exceeds the regulatory level required in the extract, no conclusion can be drawn from these results and a complete TCLP must be run.

   Additional Information on Toxicity Characteristics

   On March 29, 1990, the U.S. Environmental Protection Agency established the Toxicity Characteristic (TC) Rule. The TC Rule expands the list of contaminants by which a waste can be classified as hazardous due to toxicity, and it replaces the Extraction Procedure Toxicity (EP Tox) with the Toxicity Characteristic Leaching Procedure (TCLP). The TC Rule's specified contaminant list includes the same 14 metals and pesticides as the original toxicity list, plus 25 additional organic chemicals. Each of the 39 listed contaminants has the potential for rendering a particular material a characteristic hazardous waste due to toxicity. Since benzene is one of the 25 organic compounds added to the toxicity list, and since benzene is commonly found in petroleum products, it is possible that petroleum-contaminated soil may classify as a hazardous waste. Limited relief from these hazardous waste regulations is currently available because the TC Rule has specifically deferred petroleum-contaminated soil, groundwater, and debris generated from underground storage tank (UST) releases, until the impact of the regulation is further evaluated.

   UST sites are essentially those sites which have underground storage tanks containing transportation fuels, such as gasoline, jet fuel, aviation gas, and diesel fuel. (See 40 CFR Section 280.12 for a more complete definition). The TC Rule does not apply to petroleum-contaminated media produced by a leak from an UST, including associated underground piping. However, DEC regulations state that the materials contaminated by transportation fuels can be hazardous wastes if they exhibit other hazardous waste characteristics, such as toxicity due to lead.

   The TC Rule, as published on March 29, 1990, became effective on .September 25, 1990, for large-quantity generators, and March 29, 1991, for small quantity generators. Large quantity generators are defined as those parties who generate 2,200 pounds or more of hazardous waste in any month. Small quantity generators are those parties who generate between 220 and 2,200 pounds of hazardous waste in any month. Until the DEC adopts the TC Rule, waste generators must comply with both the EPA and DEC waste regulations. Refer to the specific regulations of interest for more information.

*New Toxicity Characteristics Effective 9/25/90

Appendix B
Guidance Values and Reuse Options

*Nuisance Characteristics Guidance:
No petroleum-type odors.
No individual contaminant in soil at greater than 10,000 ppb.

(1) The listed Detection Limits are Practical Quantitation Limits (PQLs). The Method Detection Limit (MDL) is the best possible detection. Laboratories report the Practical Quantitation Limit (PQL), which is generally 4 times the MDL. Efforts should be made to obtain the best detection possible when selecting a laboratory. When the Guidance Value or standard is below the detection limit, achieving the detection limit will be considered acceptable for meeting the Guidance Value or standard.

(2) The TCLP Extraction Guidance Values are equal to the NYSDEC groundwater quality standards or Guidance Values, or the NYSDOH drinking water quality standards or Guidance Values, whichever is more stringent.

(3) Methyl t-butyl ether (MTBE) is not a target compound of Methods 8021 and 8020, but MTBE may be determined using these methods with appropriate quality assurance and quality control measures.

*** No Guidance Value identified in EPA HEAST Report.

*Nuisance Characteristics Guidance:
No Petroleum-type odors.
No individual contaminant in soil at greater than 10,000 ppb.

(1) The listed Detection Limits are Practical Quantitation Limits (PQL's). The Method Detection Limit (MDL) is the best possible detection. Laboratories report the Practical Quantitation Limit (PQL), which is generally 4 times the MDL. Efforts should be made to obtain the best detection possible when selecting a laboratory. When the Guidance Value or standard is below the detection limit, achieving the detection limit will be considered acceptable for meeting the Guidance Value or standard.

(2) The TCLP Extraction Guidance Values are equal to the NYSDEC groundwater quality standards or Guidance Values, or the NYSDOH drinking water quality standards or Guidance Values, whichever is more stringent.

(3) For naphthalene analysis in a liquid matrix, both Method 8021 and Method 8270 can provide satisfactory levels for comparison to the Cw of 10 ppb. For naphthalene analysis in a solid matrix, Method 8021 is preferred over Method 8270 for comparison to the Ca of 200 ppb. If the Ca Guidance Value is not being used in the soil evaluation, then both Method 8021 and 8270 can provide satisfactory detection levels for comparison to the Ch of 3.0 x 105, and nuisance characteristic of 10,000 ppb.

(4) Due to the high detection limit for a solid matrix, the TCLP Extraction Method must be used to demonstrate groundwater quality protection for these compounds.

*** No Guidance Value identified in EPA HEAST Report.

(1) In addition, the criteria for protection of fish and wildlife must be met when sediments are the waste materials being handled, and when these soils or sediments are being disposed in surface waters, marine waters, or wetland areas.

(2) The soils must satisfy the criteria established under the particular BUD issuance.