Rules & Regulations of the State of Tennessee, Chapter 0400-15-01, Section 0400-15-01-.08 - REMEDIATION GOALS | Rules & Regulations of the State of Tennessee

(1) Purpose and Objectives

(a) Purpose

The purpose of this rule is to provide remediation goals for hazardous substance remediation under Chapter 0400-15-01.

(b) Objective

The objective of this rule is to develop consistent procedures for the development and usage of remediation goals.

(2) General

These rules provide two basic approaches for establishment of preliminary remediation goals associated with the remedial investigation in part (2)(a)2 of Rule 0400-15-01-.09. These approaches include the determination of Applicable or Relevant and Appropriate Requirements (ARARs) and Background Concentrations. Preliminary remediation goals may be used to determine whether the Department currently considers a specific concentration of a contaminant as an unreasonable risk to public health, safety, or the environment (e.g., water quality criteria based on protection of aquatic organisms in surface water) or to help evaluate whether an exposure pathway for a specific contaminant is of concern (e.g., whether a specific concentration of a contaminant in soil has potential to leach to ground water). Preliminary remediation goals developed through the review of ARARs and background concentrations may be used to determine if the concentrations of hazardous substances are a regulatory concern, or as remediation goals for interim actions. If a Feasibility Study is required for the evaluation of alternative clean-up actions under paragraph (3) of Rule 0400-15-01-.09, then a risk assessment as specified in paragraph (5) of this rule is to be included in the feasibility study. The detail of the risk assessment shall be commensurate to the potential exposure and risk to human health and the environment. These rules allow for final remediation goals to be established, subject to Department approval, using either ARARs, background concentrations, a site-specific risk assessment or a combination of ARARs, background concentrations, and a site specific risk assessment.

(3) Applicable or Relevant and Appropriate Requirements (ARARs)

Responsible parties shall perform a survey to identify all Applicable or Relevant and Appropriate Requirements (ARARs). ARARs are categorized as follows:

(a) Chemical specific requirements

These requirements define acceptable levels of hazardous substances for remediation planning purposes. Advisories, criteria, guidance, rules, or laws specified by the Department and the following shall be evaluated for applicability as chemical specific requirements. Where several chemical specific ARARs exist for the same compound by media, the ARARs with the smallest concentration shall apply.

1. For ground water contamination evaluate the following:

(i) Ground water used or classified as drinking water, domestic or residential water supply:

(I) Specific criteria for domestic water supply as promulgated by the Water Quality Control Board;

(II) Maximum Contaminant Levels (MCL's) and action levels established under the Federal Safe Drinking Water Act in 40 C.F.R. §141 as amended. (See Table 8-1);

(III) When MCL's are not available, Secondary Maximum Contaminant Levels (SMCL's) established under the Federal Safe Drinking Water Act in 40 C.F.R. §141 as amended. (See Table 8-1);

(IV) When MCL's and SMCL's are not available, guidance such as concentrations meeting criteria for action levels under proposed 40 C.F.R. 264 Subpart S (Federal Register July 27, 1990) may be used;

(V) Concentration limits listed in Table 1 of subparagraph (6)(e) of Rule 0400-12-01-.06; or

(VI) Concentration Limits identified for the facility in a facility permit issued under Rule 0400-12-01-.07 requiring compliance with subparagraphs (6)(c) through (f) of Rule 0400-12-01-.06.

(ii) Ground water not used or classified as drinking water, domestic, or residential water supply:

(I) Water quality criteria for ground water as promulgated by the Water Quality Control Board; or

(II) Concentration Limits identified for the facility in a facility permit issued under Rule 0400-12-01-.07 requiring compliance with subparagraphs (6)(c) through (f) of Rule 0400-12-01-.06.

(iii) Ground water which recharges surface water:

(I) Water quality criteria for ground water as promulgated by the Water Quality Control Board; or

(II) Concentration limits identified for the facility in a facility permit issued under Rule 0400-12-01-.07 requiring compliance with subparagraphs (6)(c) through (f) of Rule 0400-12-01-.06.

2. For soil exemption criteria and preliminary remediation goals evaluate the following:

Reserved.

3. Sediment

Reserved.

4. Air - For air evaluate the following:

(i) Fugitive dust control as required under the "Tennessee Air Pollution Control Act" (TAPCA) and regulations.

(ii) Visible standards as required under the TAPCA and regulations.

(iii) Volatile organic compound emission standards required under the TAPCA and regulations.

5. Surface Water - For surface water evaluate the following:

(i) Water quality criteria and highest beneficial use of receiving stream determined by the Water Quality Control Board. The contaminant or sediment load which a stream can carry as determined by the Division of Water Pollution Control. Likewise, for a specific site, the Division of Water Pollution Control may determine surface water runoff or effluent concentration standards or limits. Standards or limits established by the Division of Water Pollution Control shall be considered as ARARs.

(ii) Water quality criteria based on the protection of aquatic organisms (acute and chronic criteria) and human health published pursuant to section 304(a) of the Federal Water Pollution Control Act.

(iii) If the surface water is classified for drinking water, the following shall also be evaluated as ARARs:

(I) Maximum Contaminant Levels (MCL's) and action levels established under the Federal Safe Drinking Water Act in 40 C.F.R. §141, as amended. (See Table 8-1),

(II) When MCL's are not available, Secondary Maximum Contaminant Levels (SMCL's) established under the Federal Safe Drinking Water Act in 40 C.F.R. §141 as amended. (See Table 8-1),

(III) When MCL's and SMCL's are not available, guidance such as concentrations meeting criteria for action levels under proposed 40 C.F.R. §264 Subpart S (Federal Register July 27, 1990) may be used.

(b) Location specific requirements

Location specific requirements set restrictions on activities within specific locations such as flood plains or wetlands.

(c) Action specific requirements

Action specific requirements set restrictions for particular treatment and disposal activities.

(4) Background Concentrations

Responsible parties shall establish background concentrations of the contaminants at the site. Background contaminant levels for the media of concern must be determined in a similar area, in close proximity, and, to the extent possible, in an area unaffected by a site or contamination. This background may be a natural background in relatively non-industrialized or non-commercial areas or control background in industrialized or commercial areas where natural background concentrations are not attainable due to long term industrial or commercial activities. Where background concentrations protect public health, safety, and the environment, remediation goals will not be established by the Department less than the corresponding natural background or control background levels. If the Department has reason to suspect background concentrations do not protect public health, safety, and the environment, the Department may require the liable party to assess the risk posed by background concentrations of the hazardous substance.

(a) Natural background levels shall be determined by one of the following methods or other methods approved by the Department:

1. Utilization of publicly available historical data where the contaminant of concern is at naturally occurring levels and quality assurance/quality control documentation is available which demonstrates sample reliability;

2. Establishment of the geometric mean of site background through sampling and analytical analysis; or

3. The medium-specific practical quantitation limit, if a background concentration is not quantifiable.

(b) Control background shall be determined by one of the following methods or other methods approved by the Department:

1. Establishment of the geometric mean of site background through sampling and analytical analysis; or

2. The medium-specific practical quantitation limit, if a background concentration is not quantifiable.

(5) Risk Assessment

Responsible parties shall propose for Departmental evaluation remediation goals based on human health and environmental risk assessment included in the feasibility study required in paragraph (3) of Rule 0400-15-01-.09.

The Human Health and Environmental Risk Assessment Method is a qualitative and quantitative process to characterize the nature and magnitude of risks to public health, safety, and the environment from exposure to hazardous substances, pollutants, or contaminants released from specific sites. This process may also characterize risks to the environment when the weight of evidence indicates that effects other than toxicity are significant.

(a) Human Health Risk Assessment Method

1. The Human Health Risk Assessment shall include detailed site specific analyses and logical summary of the following unless otherwise approved by the Department:

(i) Site History

(ii) Data collection

(iii) Data evaluation and identification of chemicals of potential concern

(iv) Exposure assessment

(v) Toxicity assessment

(vi) Risk characterization and uncertainty analyses

(vii) Calculation of remediation goals for each chemical of concern based on the risk assessment and include in the summary all assumptions used in the calculations.

2. Guidance documents in conducting Human Health Risk Assessments include, but may not be limited to the following:

(i) Risk Assessment Guidance for Superfund: Volume 1 Human Health Evaluation Manual (Part A) Interim Final, December 1989; and

(ii) Risk Assessment Guidance for Superfund: Volume 1 Human Health Evaluation Manual (Part B, Development of Risk-based Preliminary Remediation Goals) OSWER Directive 9285.7-01B, Interim, December 1991.

3. Quantitative techniques of distributional analysis such as Monte Carlo simulations may be utilized in the risk assessment method provided that the reliability of the model and predictions are documented to the satisfaction of the Department. All risk assessments utilizing quantitative techniques shall include uncertainty analyses including, but not limited to the following:

(i) Parameter uncertainty analysis-Define and provide the rationale for the distribution of all input parameters and the degree of dependence (i.e., covariance) among parameters.

(ii) Identify and describe all assumptions and incomplete information which have not been taken into account in the quantitative uncertainty analysis.

(b) Environmental Risk Assessment Method

1. Fish and aquatic life

(i) Identify rare species, proposed and listed endangered or threatened species, and critical habitats which have been identified within a one mile radius of the site perimeter. This requirement is met by including rare species, proposed or listed endangered or threatened species, and critical habitats identified by the Tennessee Wildlife Resource Agency (TWRA), the Department's Division of Ecological Services, and the U.S. Department of Interior Fish and Wildlife Service. Determine if the area possibly impacted by the site contains critical habitats or habitats common to any rare species, or proposed or listed endangered or threatened species.

(ii) Where there is a release to surface water, evaluate the impact of the site on fish and aquatic life using methods or procedures such as benthic organism studies, toxicity testing, assessing tissue concentrations of chemicals with log of the octanol/water partition coefficient values greater than 3.5, or other methods or procedures approved by the Department to evaluate the impact on fish and aquatic life. Organize the information into a logical form and present both a detailed analysis and a summary of the results, assumptions, uncertainty, incomplete information, and impact.

2. Terrestrial Ecological Assessment

(i) Identify rare species, proposed or listed endangered or threatened species and critical habitats which have been identified within a one mile radius of the site perimeter. This requirement is met by including all rare species, proposed or listed endangered or threatened species, and critical habitats identified by the Tennessee Wildlife Resources Agency (TWRA), the Department's Division of Ecological Services, and the U.S. Department of Interior Fish and Wildlife Service.

(ii) Determine if the area possibly impacted by the site contains rare species, proposed or listed endangered or threatened species, or critical habitats.

(iii) Further assessment may be required by the Department if the Department suspects unacceptable impact or risks to critical habitats, proposed or listed endangered or threatened species habitats, or indicator species within the food web. Further assessment may also be required if contamination originating at the site impacts or potentially impacts public lands including, but not limited to, national parks, national forests, state parks, and state designated wildlife areas. Methods may include, but are not limited to, soil toxicity testing, ecological effects assessments, or determination of bioaccumulation of chemicals in site biota.

(6) Combination Approach

Remediation goals may be established by using a combination of approaches in paragraphs (3) through (5) [e.g., using MCL's for the ground water remediation goal and utilizing the human health and environmental risk assessment approach or the background approach to determine soil remediation goals.]

(7) Department Approval

Approval from the Department must be received before site specific standards or site specific remediation goals become effective.

(8) Points of Compliance

The remediation goal must be met at the appropriate points of compliance at the site as established by the Department after affording a liable party the opportunity to provide input and after undergoing a public participation process (e.g., Public Notice). The location of the points of compliance shall be based on factors including but not limited to the nature of the site and surrounding area, site access, and potential or actual points of exposure. The point of compliance for ground water monitoring at former waste management areas shall generally be a vertical surface located at the hydraulically downgradient limit of the former waste management area that extends down into the upper aquifer underlying the site. Certain site conditions will affect the point of compliance for ground water monitoring. This will vary if the site is located in karst terrain, the water table is located at or below the top of bedrock in an area where the contaminants may be migrating in fracture zones or other conduit flow, or dense nonaqueous phase liquids (DNAPL's) are present. In the valley and ridge province migration along geologic strike must be considered in the determination of what is considered hydraulically downgradient. Soils are normally sampled at locations selected because of site history, or actual or potential human exposure, or environmental receptors. Generally, points of compliance for soil shall include all areas which contain contaminants in excess of remediation goals.

Points of compliance different from those required by the Department can be established by a liable party, pending approval by the Department, after undergoing a public participation process.

(9) Containment

The Department recognizes that selected remedial actions may involve containment of hazardous substances. Any hazardous substance left on-site must be contained within a specified area and be protective of human health and the environment. A compliance monitoring program must be designed to insure the long-term integrity of the containment system. Unless otherwise approved by the Department, a ground water monitoring program approved by the Department shall be required for all areas where containment is a remedial action.

(10) Institutional Controls

Unless otherwise approved or determined by the Department, the following shall apply:

(a) Institutional controls shall be required whenever a remedial action does not address concentrations of hazardous substances which pose or may pose an unreasonable threat to the public health, safety, or the environment.

(b) Institutional controls shall be required for all areas where containment is a remedial action or the Department authorizes the discontinuance of pump and treat of ground water prior to attaining remediation goals.

(c) Institutional controls shall include, at a minimum, deed restrictions for sale and use of property, and securing the area to prevent human contact with hazardous substances which pose or may pose a threat to human health or safety.

(d) If an institutional control is required at a hazardous substance site as part of the clean up, remedy, or reclamation under TCA § 68-212-201 et seq. or these rules, then the current owner shall notify other liable parties and the Department of any change in use or proposed change in use. Said notification requirement shall be included in the deed notification.

(11) CERCLA Liability

Establishment of remediation goals under these rules and subsequent remediation to those goals may not relieve a liable party from liability under CERCLA including, but not limited to, liability under CERCLA §107(a)(4)(c) concerning damages for injury to, destruction of, or loss of natural resources.

Table 8-1

Preliminary Remediation Goals

Chemical/Compound*	Goal
2,3,7,8-TCDD (dioxin)	3E-8
2,4 D	0.07
2,4,5-TP	0.05
Alachlor	0.002
.	...
.	...
.	...
Aluminum	0.2**
Antimony	0.006
Arsenic	0.05
Asbestos	7 million
.	fibers/liter
Atrazine	0.003
Barium	2.0
Benzene	0.005
Beryllium	0.004
Bromodichloromethane (THM)	0.1
Bromoform (THM)	0.1
Cadmium	0.005
Carbofuran	0.04
Carbon tetrachloride	0.005
Chlordane	0.002
Chlorodibromomethane (THM)	0.1
Chloroform (THM)	0.1
Chromium	0.1
Copper	1.3**
Cyanide	0.2
Di(2-ethylhexyl)phthalate	0.006
Dichloromethane	0.005
1,2,4-Trichlorobenzene	0.07
1,1,2-Trichloroethane	0.005
Dalapon	0.2
Dinoseb	0.007
Diquat	0.02
Endothall	0.1
Endrin	0.002
Glyphosate	0.7
Hexachlorobenzene	0.001
Hexachlorocyclopentadiene	0.05
Oxamyl (vydate)	0.2
Picloram	0.5
Simazine	0.004
Benzo(a) pyrene	0.0002
Di(2-ethylhexyl)adipate	0.4
Dibromochloropropane (DBCP)	0.0002
Dichlorobenzene o-,m-	0.6
Dichlorobenzene p-	0.075
Dichloroethane (1,2-)	0.005
Dichloroethylene (1,1-)	0.007
Dichloroethylene (cis-1,2-)	0.07
Dichloroethylene (trans-1,2-)	0.1
Dichloropropane (1,2-)	0.005
Ethylbenzene	.
Ethylene dibromide (EDB)	0.00005
Fluoride	4.0
Heptachlor	0.0004
Heptachlor epoxide	.
Iron	0.3
Lead	0.015***
Lindane	0.0002
Manganese	0.05**
Mercury	0.002
Methoxychlor	0.04
Monochlorobenzene	0.1
Nickel	0.1
Nitrate	10.0
Nitrate and Nitrite (total)	10.0
Nitrite	1.0
Pentachlorophenol	0.001
Polychlorinated biphenyls (PCB's)	0.0005
Selenium	0.05
Silver	0.1**
Styrene	0.1
Tetrachloroethylene	0.005
Thallium	0.002
Toluene	1.0
Toxaphene	0.003
Trichloroethane (1,1,1-)	0.2
Trichloroethylene	0.005
Trihalomethanes (total)	0.1
Vinyl chloride	0.002
Xylenes (total)	10.0
Zinc	5.0**

* All levels in parts per million and are MCL's unless otherwise noted.

** These are SMCL's.

*** Lead is an action level rather than a MCL.

Rules & Regulations of the State of TennesseeTitle 0400 - Environment and ConservationSubtitle 0400-15 - Division of RemediationChapter 0400-15-01 - Hazardous Substance Remedial ActionSection 0400-15-01-.08 - REMEDIATION GOALS

Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-15 - Division of Remediation
Chapter 0400-15-01 - Hazardous Substance Remedial Action
Section 0400-15-01-.08 - REMEDIATION GOALS