Frequently Asked Questions

How do I get copies of documents in a facility file?

Please contact DEQ/SRS at (406) 841-5000 to make arrangements for viewing and/or copying facility files.  Click here to view site file guides.

How do I access SRS database information online?

Follow the instructions located at:  http://www.deq.mt.gov/rem/InteractiveMaps.asp.

What is considered surface soil?

DEQ/SRS considers surface soil to be anything from 0-2 feet below ground surface (bgs).

What are appropriate sampling depths for surface soils?

As a general rule, samples are collected from 0-6 inches below ground surface (bgs) in source areas and from 0-2 inches bgs in areas of aerial deposition. Additional sampling should be conducted within the 0-2 feet zone in order to determine how much of the soil profile is contaminated and must be removed, etc. However, samples compositing the entire 0-2 feet zone should not be collected, as more discreet intervals provide better information.

I see the DEQ has developed a generic action level for arsenic in surface soil (0-2' deep), but what is the arsenic cleanup level for subsurface soil (>2' deep)?

DEQ has used an excavation scenario like that included in Montana's Risk-Based Corrective Action Guidance for Petroleum Releases to calculate a level of arsenic of 300 mg/kg in subsurface soil that is protective of typical construction/utility workers. This level may be appropriate for use at facilities where it can be demonstrated that groundwater is not being impacted by arsenic. A site-specific risk analysis, including site-specific bioavailability evaluation, may be appropriate for some facilities.

When conducting groundwater sampling, how may I dispose of purge water?

In most circumstances, groundwater purge water may be disposed of per guidance located here: SRS Purge Water Disposal Flowchart.

How do you get a site off of the priority list?

A facility that has been listed on the Comprehensive Environmental Cleanup and Responsibility Act (CECRA) Priority List must go through the CECRA process in order to be removed from the list. A description of the CECRA program can be found at the following link: http://www.deq.state.mt.us/StateSuperfund/Index.asp. The Voluntary Cleanup and Redevelopment Act (VCRA) is an option separate from the CECRA process, but still within CECRA that can be used to clean up a facility. Information about VCRA is available at the following link: http://www.deq.state.mt.us/StateSuperfund/vcra.asp. A flow chart of the State Superfund process, which includes information about both CECRA and VCRA can be found at the following link: http://www.deq.state.mt.us/StateSuperfund/PDFs/statesuperfundchart.pdf.

Can I do a risk assessment to close a site when the site has an exceedance of Montana numeric water quality (DEQ-7) standards?

No. DEQ-7 standards were developed to comply with requirements under the Montana Water Quality Act, the Federal Clean Water Act, and the Montana Agricultural Chemical Ground Water Protection Act and must be used. A risk assessment that provides site-specific cleanup levels may be appropriate for contaminants in soil, but not in groundwater.

Why do I have to sample for dioxins when pentachlorophenol contamination is the problem?

Dioxins and furans are created as a by-product during the manufacturing of pentachlorophenol, among other things, and are always present where pentachlorophenol is found. Both dioxins/furans and pentachlorophenol are considered probable human carcinogens, although dioxins/furans are more carcinogenic at much lower concentrations. For example, pentachlorophenol is generally measured in parts per billion, while dioxins/furans are measured in parts per quadrillion. Therefore, DEQ/SRS requires that samples be analyzed for dioxins/furans using EPA Method 8290 at all sites where pentachlorophenol is suspected or found to be present.

What happens if there is no analytical method with a low enough detection limit to tell if a sample meets a given standard?

If there is no analytical method with a low enough detection limit to determine if the sample meets a given standard or screening level, then DEQ/SRS generally requires that the sample be analyzed using the lowest available detection limit.  For surface and ground water samples, the analytical method must achieve the required reporting limit included in the most current version of Circular DEQ-7.  For soil, sediment, and air samples, the analytical method must achieve the lowest available reporting limits.  If the reporting limit is higher than the soil screening level for leaching to groundwater, DEQ may require groundwater sampling or additional soil sampling or both to confirm that the compound is not leaching.  For metals and dioxins/furans in water or soil and for some compounds in indoor or outdoor air, DEQ may recommend a comparison to background concentrations.

What if I’ve used an analytical method that doesn’t have a low enough detection limit, but there are other methods available that have lower detection limits?

With all of the different analytical methods that exist today, it is hard to determine which one may be the best. As a general rule, it is recommended that the method with the lowest detection limit be used, especially if you intend to seek closure of the site. If you have previous samples that were analyzed using an analytical method that has a higher detection limit, DEQ/SRS will generally require that you collect some additional confirmation samples and have them analyzed using the method with the lowest possible detection limit to show that the contamination has been cleaned up or does not exist before a closure letter can be issued.

Why do I have to compare soil sample results to RESIDENTIAL cleanup levels when the site is an INDUSTRIAL facility? What happens if the site meets INDUSTRIAL but not RESIDENTIAL cleanup levels?

The future use of the facility cannot be guaranteed, even if the current and past uses of the facility were industrial. Therefore, DEQ/SRS requires that soil concentrations be screened against residential U.S. Environmental Protection Agency (EPA) preliminary remediation goals (PRGs), as well as industrial. If the concentrations exceed residential PRGs, but not industrial PRGs, then DEQ may require that institutional controls (i.e., deed restrictions, etc.) be placed on the property to ensure that it will not be used for residential uses in the future.

Will the state compensate me for contamination on my property that was caused by someone else?

Neither the Comprehensive Environmental Cleanup and Responsibility Act (CECRA) or the Water Quality Act (WQA) provide for compensation of property owners, no matter who caused the contamination to be placed on the property.

What do we consider allowable risks (i.e., cumulative 1 x 10-5 and HI of 1)?

For human health, DEQ allows cleanup levels calculated based on cumulative risk levels less than or equal to a total excess cancer risk of 1x10-5 for carcinogens or a total hazard index less than or equal to 1 for non-carcinogens. Ecological risks must also be evaluated and acceptable risk determinations are made on a facility-specific basis. All exposure assumptions must be acceptable to DEQ and are best determined in consultation with DEQ.

How do we deal with metals in background soils?

Metals are naturally occurring in the environment. If metal concentrations exceed screening levels or you suspect they may exceed screening levels, it is appropriate to collect facility-specific background samples from unimpacted areas that are representative of natural conditions. You may also propose established literature values for background concentrations. In some cases, background concentrations may exceed screening levels. In that case, background concentrations may be used in place of screening levels. Consultation with DEQ is recommended.

What is an acceptable grid size for confirmation sampling?

DEQ typically requires that confirmation sampling grids be 25 feet by 25 feet. However, alternate sampling strategies are considered on a facility-specific basis. For example, it may be appropriate to collect samples along radial lines extending from a known source of airborne contamination. It may also be appropriate to collect samples from larger grids on very large facilities; however, factors like heterogeneity of contamination must be considered in determining grid size. It is also important to balance analytical costs with the cost of remediating larger grids that do not meet cleanup levels.

How do we screen soil?

DEQ/SRS typically compares contaminant concentrations found in soil to both the U.S. Environmental Protection Agency (EPA) preliminary remediation goals (PRGs) and soil screening levels (SSLs). The PRG document, which includes the SSLs, is available at: http://www.epa.gov/region09/waste/sfund/prg/. The PRGs are based on direct contact and are separated into industrial and residential categories. If the compound is a carcinogen, the concentration can be compared directly to the PRG. The PRG for non-carcinogenic compounds should be divided by 10. The SSLs are based on migration of contamination from soil to groundwater and a dilution attenuation factor (DAF) must be used. A DAF is used to account for natural processes that reduce contaminant concentrations in the subsurface. The SSLs are given in a DAF of 1 and a DAF of 20. DEQ/SRS has chosen a DAF of 10 as a conservative factor based on Montana-specific soil and climate data that can be applied generically statewide. However, if proper evidence/justification exists for using a less conservative DAF for a specific site, DEQ/SRS is willing to consider it. Additionally, DEQ compares petroleum compounds in soil to the Risk-Based Screening Levels (RBSLs) provided in the Montana Tier 1 Risk-Based Corrective Action Guidance for Petroleum Releases available at: http://www.deq.state.mt.us/REM/hwc/rbca/NewRBCA11-2003/Tier1Guidance10-03.pdf. After comparing contaminant concentrations in soil to the proper PRG, the SSL, and/or the RBSL, the most conservative value should be chosen as the applicable screening level. A flow chart of the soil screening process is available at the following link: http://www.deq.state.mt.us/StateSuperfund/VCRA_Guide/AttCsoilscreenproc.pdf.  If evaluating arsenic in soils, please refer to the DEQ Soil Arsenic Policy.

What are the cleanup levels (a.k.a. screening levels) that should be used?

For soil, please see the FAQ regarding screening soil. For surface water, both aquatic life and human health standards must be evaluated. Sediment concentrations may be compared to Washington State Department of Ecology Freshwater Sediment Quality Values (WA 2003) or Department of Energy Preliminary Remediation Goals for Ecological Endpoints (DOE 1995 and 1997). Air concentrations may be compared to ambient air PRGs provided by EPA Region IX available at: http://www.epa.gov/region09/waste/sfund/prg/.   Surface water and groundwater concentrations may not exceed the standards provided in the Montana Numeric Water Quality Standards Circular 7 (DEQ-7, available via: http://www.deq.state.mt.us/wqinfo/Standards/CompiledDEQ-7.pdf.

  • Background cleanup levels: DEQ accepts attainment of facility-specific background levels based on samples collected from unimpacted areas representative of conditions at the facility for compounds such as metals. Established literature values for background concentrations may be also be proposed. In some cases, background concentrations may exceed screening levels and may, therefore, be used in place of screening levels. However, background concentrations that exceed ERCLs may necessitate that a facility remain on the CECRA Priority List regardless of the status of a VCP.
  • Established generic screening levels: The screening levels described in the documents referenced in the previous "How Do We Screen Soil" question above may be appropriate as cleanup levels. For appropriate current and proposed facility-specific recreational use at remote mining facilities, DEQ may accept the cleanup levels established by DEQ’s Risk-Based Cleanup Guidelines for Abandoned Mine Sites (DEQ 1996). However, the recreational use must match that provided in Risk-Based Cleanup Guidelines document and transport of contaminants from soil to groundwater must be evaluated.
  • Previously approved cleanup levels: DEQ will consider, on a case-by-case basis, cleanup levels it has approved at other similar facilities that were determined based on the same current and proposed exposure scenarios as the subject facility.
  • Facility-specific risk-based cleanup levels: The applicant can propose cleanup levels based on a facility-specific risk analysis conducted using standard EPA human health risk assessment guidance (EPA 1999, 1998a, 1997b, 1992, 1991a-c, and 1989) and/or, as applicable, standard EPA ecological risk assessment guidance (EPA 2000a, 1998b, and 1997a). For human health DEQ allows cleanup levels calculated based on cumulative risk levels less than or equal to a total excess cancer risk of 1x10-5 for carcinogens or a total hazard index less than or equal to 1 for non-carcinogens. Ecological risks must also be evaluated and acceptable risk determinations are made on a facility-specific basis. All exposure assumptions must be acceptable to DEQ and are best determined in consultation with DEQ. 

Is there an example of data validation requirements that I can use?

Yes; CLICK HERE to view an example of a data validation checklist used by the DEQ.

Do I have to sample for both total and dissolved metals in groundwater?

DEQ/SRS will generally not require that groundwater samples taken from monitoring wells be analyzed for total metals but will continue to require that drinking water wells be analyzed for total metals. DEQ/SRS may require total metals analysis of groundwater from monitoring wells on a case-by-case basis, as necessitated by special situations (i.e. analyzing background monitoring wells for comparison to drinking water wells). Samples taken from monitoring wells must still meet compliance with other water quality requirements including Montana’s Numeric Water Quality Standards (DEQ-7).

How does one go about doing a voluntary cleanup?

The purposes of the Voluntary Cleanup and Redevelopment Act (VCRA) are to provide for the protection of the public health, welfare, and safety and of the environment and to foster the cleanup, transfer, reuse, or redevelopment of facilities where releases or threatened releases of hazardous or deleterious substances exist. VCRA is further intended to permit and encourage voluntary cleanup of facilities where releases or threatened releases of hazardous or deleterious substances exist by providing interested persons with a method of determining what the cleanup responsibilities will be for reuse or redevelopment of existing facilities. VCRA is meant to encourage and facilitate prompt cleanup activities, eliminate impediments to the sale or redevelopment of facilities where releases or threatened releases of hazardous or deleterious substances exist, and minimize administrative processes and costs. 

The complete VCRA guide is located at:  http://www.deq.mt.gov/StateSuperfund/vcraguide.asp.  This guide identifies the requirements of VCRA and provides a suggested format for voluntary cleanup plans (VCPs). The primary target audience for this guide is the qualified environmental professional who is preparing the VCP. However, the guide is also designed to provide information to all applicants or potential applicants regarding the VCRA process.

Does the state have its own Risk Assessment (RA) guidance?

No.  Following is a partial list of guidance documents for risk assessment. (Please note that some of these references may contain outdated information.)

  • Revised Policy on Performance of Risk Assessment During Remedial Investigation/Feasibility Studies (RI/FS) Conducted by Potential Responsible Parties (Environmental Protection Agency, Washington, DC. Office of Emergency and Remedial Response - EPA 540-F-99-025; OSWER-9340.1-02, January 1996)
  • Risk Assessment Guidance for Superfund (RAGS) Volume 1 - Parts A through D (Environmental Protection Agency, Washington, DC. - EPA/540/1-89/002, December 1989; EPA 540/R-92/003, December 1991; Publication 9285.7-01C, October 1991; and, Publication 9285.7-47; December 2001)
  • Risk Assessment Guidance for Superfund (RAGS) Volume 1 - Part E (Environmental Protection Agency, Washington, DC. - EPA/540/R/99/005, July 2004)
  • Human Health Toxicity Values in Superfund Risk Assessments (Environmental Protection Agency, Washington, DC. - OSWER 9825.7-53, December 2003)
  • Calculating Upper Confidence Limits for Exposure Point Concentrations at Hazardous Waste Sites (Environmental Protection Agency, Washington, D.C. - OSWER 9825.6-10, December 2002)
  • Ecological Risk Assessment Guidance for Superfund: Process for Designing and Conducting Ecological Risk Assessments (Environmental Protection Agency, Washington, DC. - EPA 540/R/97/006, OSWER 9285.7-25; June 1997)
  • Exposure Factors Handbook Volume 1 (Environmental Protection Agency, Washington, DC, Volume I - General Factors - EPA 600/P-95/002Ba; Volume II - Food Ingestion Factors - EPA 600-P-95/002Bb; Volume III - Activity Factors - EPA 600/P-95-002Bc; August 1996)

How do I apply for Brownfields funding and what can it be used for?

There are three different mechanisms from which you can apply for brownfields funding:

  1. Montana Targeted Brownfields Assessments: A Montana targeted brownfields assessment means that DEQ will hire one of its contractors to conduct an assessment of the property in question. An assessment may include a phase I assessment, phase II assessment and/or an establishment of cleanup options. Currently, DEQ will only consider targeted brownfields assessments for sites it is already working on. The application to apply for a targeted brownfields assessment can be obtained on DEQ’s brownfields website at: http://www.deq.state.mt.us/Brownfields/Index.asp.
  2. Environmental Protection Agency (EPA) Targeted Brownfields Assessments: An EPA targeted brownfields assessment means that EPA will hire one of its contractors to conduct an assessment of the property in question. An assessment may include a phase I assessment, phase II assessment and/or an establishment of cleanup options. The application to apply for an EPA targeted brownfields assessment can be obtained on EPA’s brownfields website at: http://www.epa.gov/region08/land_waste/bfhome/bftba.html.
  3. EPA competitive grants: Each year EPA solicits grant applications for assessment, cleanup, revolving loan funds and job training. EPA reviews these grant applications on a national basis and typically awards around $100 million each year. Assessment funding can be used for assessments and the establishment of cleanup options. Cleanup money can be used for actual cleanup of a site. A revolving loan fund can be used to give grants and low-interest loans out for cleanup at sites. Job training grants can be used to provide folks with training regarding different environmental aspects. To find out when the next grant application process begins and to learn how to apply, go to EPA’s brownfields website at: http://www.epa.gov/brownfields.

What are the requirements to apply for brownfields funding through EPA and DEQ?

To apply for any brownfields grant, you must be a governmental entity, tribe, or certified regional development corporation. In addition, other criteria that must be met are:

  1. Must be a clear benefit to the community
  2. Applicant must not have contributed to the contamination
  3. Assistance is crucial to the redevelopment or reuse of the site

Also, if the site is contaminated with petroleum products, the site must:

  1. be of “relatively low-risk” compared to other petroleum-contaminated sites in the state
  2. have “no viable responsible party”
  3. be assessed, investigated, or cleaned up by a person not potentially liable for the contamination
  4. not be subject to a corrective action order under Resource Conservation and Recovery Act
  5. not be a LUST/TRUST fund site