1. Rationale Document for…

1. Rationale Document for Development of Excess Soil Standards
• This document provides some good background information on the development of the Regulation. However, it would be easier for readers’ reference if the document is structured in such a way that sections within the Regulation are referenced in each paragraph of the document.

2. EPA – On-Site and Excess Soil Management Regulation
• Can a project leader also be the QP if no conflict of interest exists?
• Under Section 3.(2).3 – The fifth anniversary of the day on which the undertaking for which the excess soil is used at the reuse site is completed. The rationale document does not provide any explanation why the fifth anniversary is the date on which the soil is ceased to be designated as a waste. Any further explanation is required.
• Under Section 6.(3).1 – The amount of soil to be removed from the project area must be less than 100 m3. ESMP is not required if the above condition and 6.(3).2 are satisfied. What if the site condition has changed and the limit is exceeded during excavation? Does the QP require to prepare the ESMP and approved before the project can continue or the project can proceed to completion and a subsequent ESMP is submitted?
• Under Section 7.(3).12 which discusses about the excess soil destination assessment and identification. The ESMP is prepared by the QP at the project site and has little control at the reuse site unless both sites are owned and operated by the same project leader. The ESMP can be prescriptive but it would be difficult for the QP to ensure that all the requirements stated under this subsection especially detail tracking of the excess soil are satisfied after it is deposited at the reuse site.
• Under Section 10.(4).4 – periodic testing of tracking system. Does the contractor require to produce any calibration report to validate the results of the testing?

3. EPA – Amending O. Reg. 153/04
• Table 2 bottom row last cell – It should refer to section 34 instead of 36. Part of the comments is missing.

4. Rules for On-Site and Excess Soil Management
• On page 23 Section 17, the last sentence seems missing a word.
• On page 24 Section 18 B – A minimum of three soil samples must be submitted for leachate analysis from each area…….The soil samples submitted for leachate analysis should be collected from the sampling locations which had the highest bulk concentration of the contaminant of potential concern. The requirement described in this section entails duplicated samples MUST BE COLLECTED at each sampling location. It would be unrealistic to collect the first set of samples and determine the highest concentrations, then go back to resample at the same location again.