JANUARY 24, 2008 - NEW BC SOIL VAPOUR ASSESSMENT REGULATION AFFECTS CONTAMINATED SITES INVESTIGATIONS

Released on January 8, 2008, the BC Ministry of Environment’s (MOE) new environment assessment guidance document, “Interim Guidance for Contaminated Sites - Soil Vapour Assessment,” will impact virtually every site investigation and remediation program in progress in the province by increasing project completion time and cost. Taking effect on February 1, 2008, this guidance introduces the requirement to assess vapours as part of environmental investigations in addition to the current requirement to assess concentrations of contaminants in soil and groundwater.

The interim guidance mandates the application of soil vapour sampling on sites with volatile potential contaminants of concern. Since the guidance classifies many substances as volatile, and includes several related to heating fuel and gasoline, most sites are affected. Example sites are gas stations, automotive service centres, dry cleaners, and any site with gas or fuel storage tanks.

Generally, the Interim Guidance suspends the issuance of Determinations that sites are not contaminated sites until final guidance is in place and provides limited guidance as to how to assess vapour risks by modelling based on soil/groundwater concentrations, or testing of soil vapour, and related risk calculations.

The immediacy and the novelty of the requirement means that schedule and cost of most site investigations and remediation projects will be affected. And for a smaller number of sites, the effects of the changes on both schedule and cost could be significant. Predicting the effects is especially difficult as the process is new, and the guidance provided by the MOE is not exact, clear or final.

At this early date, it appears that the practical effects are likely to be:

• Sites that are not contaminated sites that require a Ministry instrument will require case-by-case assessment by the MOE to determine how they will be processed.
• Site investigation and remediation projects in progress will generally have to include vapour modelling, which will at least modestly increase schedule and amount of work required.
• Some sites (principally those with gasoline, and dry cleaning sites) may require vapour sampling at the site.
• A few sites with higher levels of contamination will be forced to require a risk assessment, and so require the services of a risk roster member, which will likely result in significant delays and additional costs and fees.

PGL has written to the MOE indicating that the initiation of the new requirement is too soon and is very concerned about the effect this will have on our clients. No schedule has been provided for the issuance of final guidance on this issue. It is also possible that the final guidance will be substantially different from the interim guidance, as the MOE evaluates comments by stakeholders in relation to the interim guidance.

If you have any questions regarding this new regulation and how it might affect your project site, please contact us at 604-682-3707.

Comments to MOE should be directed to Colm.Condon@gov.bc.ca.