Beneficial Use of Petroleum Contaminated Soil - PUB2177

Petroleum-contaminated soil (PCS) is a solid waste in Missouri. Therefore, the disposal of PCS is restricted under the Missouri Solid Waste Management Law and regulations. In lieu of disposal at a permitted solid waste facility, the Missouri Department of Natural Resources authorizes the beneficial use of PCS as fill material under the conditions listed below. The conditions are an integral part of the department’s authorization. The terms and conditions of this authorization are based on the requirements of the Missouri Solid Waste Management Law, the Missouri Clean Water Law and the Missouri Hazardous Waste Law. This authorization pertains to the use of the specified materials pursuant to these statutes. For the purposes of this authorization, PCS includes only soil affected by virgin petroleum products. It does not include soil contaminated with used oil.

Conditions

• Under this authorization, PCS may be used as a direct replacement or substitute for other fill materials.
• Contaminated soils determined to be a listed or characteristic hazardous waste shall be managed as hazardous waste and are excluded from this beneficial use authorization.
• Information related to the management of hazardous waste is available in the department’s document search.
• This document authorizes the use of PCS within the limitations given in the attached tables. Table 1, Beneficial Use Categories lists three categories of fill material and the conditions that must be met for each category. Under this authorization, laboratory testing of the PCS material for the constituents listed in Table 3-1 Default Target Levels of the Missouri Risk Based (MRBCA) Process for Petroleum Storage Tanks is required prior to its removal from the site of origin. This testing may be performed by the PCS supplier (the company or individual making the PCS available to others) or the PCS end user (the company or individual using the material), or both. The PCS supplier and the PCS end user are jointly responsible for ensuring that analytical testing has been performed on representative samples of the PCS to verify that the allowable concentrations are not exceeded. All results of laboratory testing performed by or at the request of the PCS supplier or the PCS end user shall be provided to the other party before the PCS material is removed from the site of origin.
• The PCS supplier and the PCS end user are also jointly responsible for making certain the material is used in a manner that will not result in pollution, a public nuisance or a health hazard. The PCS supplier is responsible for gaining a reasonable understanding of the proposed end use from the PCS end user, including the location of the end use site and the general site characteristics, as well as the placement methods and management practices that will be used for proper end use.

The PCS supplier is responsible for providing the following information to any PCS end user prior to the removal of the PCS material from the site of origin:

• Notification of the terms and conditions of this authorization.
• A copy of the department’s guidance document titled Guidance to End Users for the Use of Petroleum Contaminated Soil as Fill Material.
• The approximate volume of PCS material to be provided.
• Any available correspondence, site environmental assessment reports or other information applicable to the PCS material or any environmental investigation of the site of origin.
• The results of laboratory analyses, if testing is performed by or at the request of the PCS supplier.

The PCS end user is responsible for providing the following information to the PCS supplier prior to the removal of the PCS material from the site of origin:

• The results of laboratory analyses, if testing is performed by or at the request of the PCS end user.
• A map showing the location of the end use site.
• A description of the methods and procedures that will be used for compliance with the guidance document cited above.

The PCS supplier and the PCS end user shall maintain copies of the above information in their records, along with the results of any laboratory testing on the PCS material. Although the information does not have to be submitted to the department for approval, the records must be available for review by department personnel upon request.

This authorization shall not be construed as compliance with any existing federal or state laws other than Missouri’s Solid Waste Management Law, Clean Water Law and Hazardous Waste Law, nor is this authorization be construed as a waiver of any other regulatory requirements. This authorization is not to be construed as compliance with any existing local permitting or zoning ordinances, nor does it supersede any local permitting and/or zoning requirements.

The department reserves the right to revoke, suspend or modify this authorization after due notice should the PCS supplier or PCS end user fail to comply with the terms and conditions of this authorization. The department expressly reserves the right to require appropriate corrective action if pollution, a public nuisance or a health hazard is created through the beneficial use of PCS.

Questions concerning this authorization should be directed to the Department’s Waste Management Program at 800-361-4827 or 573-526-3940 or in writing to P.O. Box 176, Jefferson City, MO 65102-0176. Thank you for your interest in protecting Missouri’s natural resources.

The directors of the department’s Environmental Remediation Program, Waste Management Program and Water Protection Program approved this authorization.

* See Table 3-1 Default Target Levels of the Missouri Risk Based (MRBCA) Process for Petroleum Storage Tanks

Notes:

• Clean fill is defined in 260.200(4) as “uncontaminated” soil, rock, sand, etc. For purposes of this policy, clean fill means material with non-detectable levels of non-naturally-occurring chemicals.
• Levels of naturally occurring metals in PCS shall be at or below their respective DTLs unless the levels can be shown to be representative of naturally occurring background concentrations.
• No free product may be present in any material intended for use as PCS.
• Default target levels are found in Table 3-1 Default Target Levels of the Missouri Risk Based (MRBCA) Process for Petroleum Storage Tanks*. A copy of the most recent version of this table is available.
• Any revisions made to this table subsequent to the date of this bulletin shall become applicable to this approval.
• Testing shall conform to MRBCA approved methods. Method detection limits must be sufficiently low (i.e., below DTLs) to demonstrate compliance with applicable standards.

* Table 3.1 and the Missouri Risk Based (MRBCA) Process for Petroleum Storage Tanks are also available online.

Guidance to end users for the beneficial use of petroleum-contaminated soil

When managed properly, petroleum-contaminated soil (PCS) may be used in many construction applications as a direct replacement or substitute for other fill materials. This document is intended to outline for the end user the basic guidelines for the beneficial use of PCS. Note the Missouri Department of Natural Resources authorizes the use of PCS only in accordance with the conditions stipulated in this technical bulletin.

Beneficial use of PCS carries with it certain responsibilities. As the end user, you must use common sense and good management practices so the material will not create an aesthetic problem. Don’t let your actions affect the quality of life of your friends and neighbors.

Good management practices include:

• Incorporating the material into the fill site immediately or very shortly after hauling it to the site.
• Don’t stockpile the material on site unless you cover it with a tarp or other protective covering.
• Avoiding placement of material on steep slopes where erosion is likely.
• Using up-slope stormwater diversions and down-slope containment to prevent the material from washing off your site onto your neighbor’s property.
• Preventing exposure to precipitation by ceasing activities when rainfall is anticipated.

Following these simple guidelines so you do not create a nuisance.

There are other responsibilities associated with the beneficial use of PCS as well. As the end user, you must make sure these responsibilities are met. They include:

Notifying the landowner that PCS is being used and, if appropriate, marking property lines so that the material is not placed on someone else’s property:

• Notifying city and county authorities such as planning and zoning and health departments that the beneficial use of PCS is to take place. Obtaining local approval for the use of PCS may be necessary.
• Notifying the appropriate district of the U.S. Army Corps of Engineers if the site is bordered by a waterway, such as a steam or river, or if you will potentially impact a wetland.*
• Obtaining a land disturbance permit from the department’s Water Protection Program if the total land area to be disturbed is one acre or larger in size.
• Making certain the PCS meets all specifications for the job site and proper placement methods are used.

* These responsibilities apply regardless of whether you are using PCS or some other material.