(1)
Applicability.
(a)
Generic numerical standards listed in this rule for
hazardous substances and petroleum may be used to demonstrate compliance with
applicable standards provided the exposure scenario for the property comports
with land use and activity patterns used to derive the generic numerical
standard. Generic numerical standards are provided for complete exposure
pathways to petroleum releases [paragraph (B) of this rule], direct contact
with hazardous substances in soil [paragraph (C) of this rule], indoor air
exposure due to vapor intrusion from environmental media to human receptors
[paragraph (D) of this rule], unrestricted potable use for hazardous substances
in ground water [paragraph (E) of this rule], and complete exposure pathways to
human and ecological receptors from surface water and sediment [paragraphs (G),
(H), and (I) of this rule]. The appendices to this rule provide the generic
numerical standards.
(b)
If complete exposure pathways exist on a property that
are not considered in the development of a generic numerical standard listed in
this rule, or if a generic numerical standard is not listed for chemicals of
concern (COCs) on a property, applicable standards shall be derived in
accordance with rule
3745-300-09
of the Administrative Code. Demonstration of compliance with applicable
standards at a property may be made with a combination of generic numerical
standards in accordance with this rule and standards developed through a
property-specific risk assessment in accordance with rule
3745-300-09
of the Administrative Code or any other applicable standards.
(c)
If radioactive
materials are identified at a property, the property may be subject to the
Atomic Energy Act and regulations adopted thereunder and Chapters 3701. and
3747. of the Revised Code and rules adopted thereunder. If radionuclides or
radioactive materials are present at a property, the volunteer shall contact
the Ohio department of health's bureau of environmental health and radiation
protection regarding the cleanup of the radionuclides or radioactive material.
Remedy approval by the Ohio department of health shall be considered sufficient
to meet applicable standards for radionuclides or radioactive materials for the
voluntary action and may be considered a generic numerical
standard.
(2)
Assumptions. The following assumptions apply for all
generic numerical standards except for the generic direct contact soil
standards for petroleum described in paragraph (B) of this rule, direct contact
soil standards for lead described in paragraph (C)(3)(e) of this rule, the
generic unrestricted potable use standards based on maximum contaminant levels
or other regulatory established criteria described in paragraph (E) of this
rule, and potable use standards for petroleum described in paragraph (E)(3) of
this rule:
(a)
Single chemical. The generic numerical standards assume a single COC is present
within an identified area.
(i)
The single chemical generic standards in this rule are
based on the following risk and hazard levels:
(a)
For hazardous
substances that have carcinogenic effects, the chemical-specific carcinogenic
risk shall not exceed one excess cancer in a population of one hundred thousand
(1 x 10-5).
(b)
For hazardous
substances that have non-carcinogenic effects, the chemical-specific risk shall
not exceed a hazard index of one.
(ii)
As determined in
accordance with paragraph (F)(6) of rule
3745-300-07
of the Administrative Code, the concentration of a COC shall not exceed the
single chemical generic standard for that chemical.
(b)
Cumulative
adjustment for multiple chemicals.
(i)
When more than one COC is present in each media within
an identified area and an applicable generic standard for each of the COCs is
in this rule, the standard for each COC shall be adjusted for the presence of
multiple chemicals to meet the risk and hazard levels described in paragraph
(A)(2)(a) of this rule.
(ii)
A cumulative adjustment for multiple chemicals within
each media shall be made when using a combination of generic standards and
applicable standards determined by a property-specific risk assessment in
accordance with rule
3745-300-09
of the Administrative Code.
(iii)
In accordance
with paragraph (A)(2)(c) of this rule, the incremental risk and hazard shall be
added to the incremental risk and hazard from other complete exposure pathways
to the same receptor population.
(iv)
All final
cumulative human health carcinogenic risk and non-carcinogenic hazard levels
are based on one significant figure.
(c)
Summation of risk
and hazard across complete exposure pathways.
(i)
If more than one
complete exposure pathway exists to each receptor population, the incremental
cancer risk and hazard indices determined for each exposure pathway shall be
summed to calculate a cumulative cancer risk and hazard index to each receptor
population.
(ii)
All final cumulative human health carcinogenic risk and
non-carcinogenic hazard levels are based on one significant
figure.
(d)
If the generic numerical standards of this rule are
applied to one or more identified areas of the property and applicable
standards, as determined in accordance with rule
3745-300-09
of the Administrative Code, are applied to one or more exposure units or other
areas of the property, then the volunteer shall ensure that the risk and hazard
levels for each receptor on the property do not exceed the following:
(i)
One excess cancer
in a population of one hundred thousand (1 x 10-5).
(ii)
A hazard index
of one.
(iii)
All final cumulative human health carcinogenic risk and
non-carcinogenic hazard levels are based on one significant
figure.
(e)
Points of compliance. In accordance with paragraph (I)
of rule
3745-300-07
of the Administrative Code, the volunteer shall comply with the applicable
standards at all points of compliance at the property, for each environmental
media and complete exposure pathway.
(3)
A
property-specific risk assessment shall be conducted in accordance with rule
3745-300-09
of the Administrative Code to determine applicable standards instead of, or in
addition to, using the generic numerical standards from this rule, if any of
the following apply to the property:
(a)
The complete
exposure pathways as identified in accordance with paragraph(F)(1) of rule
3745-300-07
of the Administrative Code, include exposure pathways that are not considered
in the development of standards listed in this rule.
(b)
The exposure
factors for the receptors identified in paragraph (E)(6) of rule 3745-300-07 of
the Administrative Code are not considered in the development of standards
listed in this rule, or the volunteer evaluates compliance with applicable
standards for exposure units instead of identified areas in accordance with
rule
3745-300-09
of the Administrative Code.
(c)
The COCs on the
property consist of hazardous substances or petroleum that do not have generic
numerical standards listed in this rule.
(i)
If only some of
the COCs identified have a generic numerical standard listed in this rule, a
volunteer may use the applicable generic numerical standards for the COCs that
have listed standards and conduct a property-specific risk assessment in
accordance with rule
3745-300-09
of the Administrative Code.
(ii)
If a combination
of generic numerical standards and applicable standards determined by a
property-specific risk assessment conducted in accordance with rule
3745-300-09
of the Administrative Code is used, the volunteer shall adjust the
concentrations of the applicable standards to meet the human health risk and
hazard levels described in paragraph (A)(2)(d) of this rule.
(d)
Concentrations of COCs in surface water or sediment exceed applicable standards
determined in accordance with this rule.
(e)
Complete exposure
pathways to important ecological resources other than sediment or surface water
exist.