IRule, PFAS, and Other Updates

February 2024 Update:

• The revised Investigation and Remediation of Contaminated Properties Rule has been adopted, and went into effect on February 23, 2024. This rule supersedes all previous versions and should be applied to all site work conducted at contaminated sites moving forward.  The final adopted rule can be downloaded from: Contaminated Sites Rules, Guidance Documents & Procedures 
• Summary of changes to the Rule can be found here:2024 Summary of IRule Changes
• Responsiveness summary to public comments located here: Responsiveness Summary
• Redline version of the previous Rule: Redline IRule

July 2019 Update:

• The revised Investigation and Remediation of Contaminated Properties Rule has been adopted, and went into effect on July 6, 2019. This rule supersedes all previous versions and should be applied to all site work conducted at contaminated sites moving forward.  The final adopted rule can be downloaded from:
  • Contaminated Sites Rules, Guidance Documents & Procedures
• The final rule includes changes to data evaluation procedures for samples collected from indoor air and surficial soils, and in which contaminants are detected at concentrations above laboratory method detection limits but below the applicable standard.  To assist in the new process, VDH has developed workbooks that calculate the cumulative Incremental Lifetime Cancer Risk (ILCR) and Hazard Index (HI) for each sampling point. 
  • Residential Cumulative Risk Assessment Soil Calculator *UPDATED AS OF 09/12/19*
  • Non-Residential Cumulative Risk Assessment Soil Calculator *UPDATED AS OF 08/26/19*
  • Residential Cumulative Risk Assessment Indoor Air Calculator
  • Non-Residential Cumulative Risk Assessment Indoor Air Calculator

June 2019 Update:

• The public comment period for the proposed Investigation and Remediation of Contaminated Properties Rule closed on May 27, 2019, and the rule has been filed with Legislative Committee on Administrative Rules (LCAR).  The LCAR filing documents, including the comment response summary, can be viewed from:
  • PROPOSED Investigation and Remediation of Contaminated Properties Rule LCAR filing documents

• Post-filing comments must be directed, in writing, to LCAR.  For more infomation, please visit:
  • Vermont LCAR

April 2019 Update:

• Permanent rule changes have been proposed for the Investigation and Remediation of Contaminated Properties Rule.  The public comment period runs from April 17, 2019 through May 27, 2019.  The document can be viewed from the following link:
  • PROPOSED Investigation and Remediation of Contaminated Properties Rule
  • Summary of changes to IRULE

• Public hearings are scheduled for May 17 and 20, 2019.  Additional information, including time and locations, is included in the cover page of the proposed rule linked above.
• Please direct all comments to Matt Moran. 

January 2019 Update:

• The following list comprise the 2019 emergency rules and filing forms:
  • Investigation and Remediation of Contaminated Properties Rule
  • ANR Rule filing package - Investigation and Remediation of Contaminated Properties Rule
  • ANR Rule Filing package - Groundwater Protection Rule and Strategy
  • Groundwater Rule Protection and Strategy 

• Permanent rule changes have been proposed to the Groundwater Protection Rule and Strategy. More information is available here: https://dec.vermont.gov/water/groundwater.  Permanent rule changes are currently being developed for the Investigation and Remediation of Contaminated Properties Rule.

July 2018 Update:

• The Vermont Department of Health has issued a new Health Advisory for five per or polyfluorinated alkyl substances (PFAS).  Those substances include:  perfluorooctanoic acid (PFOA), perfluoro-octane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluoroheptanoic acid (PFHpA), and perfluorononanoic acid (PFNA).  As a result of this Health Advisory and several known PFAS exposures the Agency of Natural Resources is adopting two emergency rules to regulate these substances.  The Investigation and Remediation of Contaminated Properties Rule is being amended to list these PFAS as hazardous materials and the Groundwater Protection Rule and Strategy is being amended to adopt an enforcement standard of 20 parts per trillion for these substances.  Like the standard for PFOA and PFOS, the 20 ppt enforcement standard applies to the sum of these substances (e.g. if PFOA = 3 ppt; PFOS = 10 ppt; and PFNA = 8 ppt then the sum of PFAS = 21 ppt and standard has been exceeded).  The following industries may be impacted by these proposed rulemakings:  wire coating facilities; semi-conductor manufacturing; battery manufacturing; users of firefighting foams; solid waste landfills; electroplaters; specialty and performance coatings; capacitor manufacturing; aircraft turbine manufacturing; impregnated/coated paper products; plastic injection molding; plastic extrusion; paint manufacturers; car washes; and tanneries.  In light of the known human exposures to these constituents, we are not opening a comment period to these rules but are immediately opening a pre-rulemaking public comment period for the permanent changes that will be proposed to the Investigation and Remediation of Contaminated Properties Rule and Groundwater Protection Rule and Strategy.  If you have comments, please email them to: chuck.schwer@vermont.gov.  This pre-rulemaking comment period will close on 8/17/2018.
  • Groundwater Protection Rule and Strategy PFAS Emergency Rulemaking
  • Investigation and Remediation of Contaminated Properties PFAS Emergency Rule