Authority: IC
13-14-8-7; IC
13-15-2-1;
IC
13-19-3-1
Sec. 11.
(a) For
each constituent listed in Table 2 in section 16 of this rule and for every
secondary constituent, as identified in subsection (c), the ground water
protection standard must be considered to be:
(1) the maximum contaminant level (MCL) for
that constituent, if a maximum contaminant level has been
established;
(2) the secondary
maximum contaminant level for that constituent, if a secondary maximum
contaminant level has been established; or
(3) the background ground water quality
established for that constituent, based on background ground water monitoring
data approved by the commissioner, if:
(A) a
maximum contaminant level or a secondary maximum contaminant level has not been
established; or
(B) for a given
constituent, the background ground water quality is higher than the maximum
contaminant level identified in subdivision (1), the secondary maximum
contaminant level identified in subdivision (2), or the health-based levels
identified in subsection (b).
(b) The commissioner may establish an
alternative ground water protection standard for constituents for which an MCL
has not been established in accordance with the following:
(1) The alternative ground water protection
standards must be appropriate public health and environmental protection based
concentrations that satisfy the following criteria:
(A) The ground water protection standard is
derived in a manner consistent with the federal United States Environmental
Protection Agency guidelines for assessing risks of environmental pollutants in
accordance with the following Federal Register notices published on September
24, 1986:
(i) 51 FR 33992*.
(ii) 51 FR 34006*.
(iii) 51 FR 34014*.
(iv) 51 FR 34028*.
(B) The ground water protection standard is
based on scientifically valid studies, conducted in accordance with the Toxic
Substances Control Act (TSCA) Good Laboratory Practice Standards as defined in
40 CFR 792 *.
(C) For carcinogens,
the ground water protection standard represents a concentration associated with
an excess lifetime cancer risk level within the 1 ×
10-5 to 1 × 10-6
range.
(D) For systemic toxicants,
the ground water protection standards represent a concentration to which the
human population could be exposed on a daily basis that is likely to be without
appreciable risk of deleterious effects during a lifetime.
(2) The commissioner may consider the
following in establishing ground water protection standards:
(A) Multiple contaminants in the ground
water.
(B) Exposure threats to
sensitive environmental receptors.
(C) Other site-specific exposure or potential
exposure to ground water.
(c) For the purposes of this rule, secondary
constituents are identified as the following:
(1) Ammonia.
(2) Chloride.
(3) Iron.
(4) Manganese.
(5) Sodium.
(6) Sulfate.
*These documents are incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
