(a) Purpose.
Rule R315-101 establishes information requirements to support risk-based
cleanup and closure standards at sites for which remediation, including removal
of hazardous constituents to background levels is not the remediation
objective. The procedures in Rule R315-101 also provide for continued
management of sites for which risk-based clean closure standards are not
met.
(b) Applicability.
(1) Rule R315-101 applies to any responsible
party, or other interested party on a voluntary basis, such as a prospective
purchaser, a lending institution, or land developer, involved in management of
a site contaminated with hazardous waste, hazardous constituents, or other
contaminants, as determined by the director. Rule R315-101 does not apply to a
site that has been or will be cleaned to background levels of
constituents.
(2) In the event of a
release of hazardous waste or material that, when released, becomes a hazardous
waste, the requirements of Rule R315-101 apply if the responsible party fails
to clean up the released material and any residue or contaminated soil, water,
or other material resulting from the release, as required by Section
R315-263-31. The requirements of
Section R315-263-31 shall be considered
met if:
(i) the level of cumulative risk
present at the site is less than or equal to 1 x
10-6 for carcinogens and the hazard index is less
than or equal to one for non-carcinogens based on a risk assessment conducted
assuming the land use exposure scenario defined in Subsection
R315-101-5(g)(1);
(ii) the director determines that ecological
effects are insignificant based on the approved assessment conducted in
accordance with Subsection
R315-101-5(j);
and
(iii) the director determines
that current and potential future impacts to groundwater are insignificant in
accordance with Subsection
R315-101-5(f)(8).
(3) The responsible party of a hazardous
waste management site shall meet the requirements of Sections
R315-265-110 through
R315-265-120 or Sections
R315-264-110 through
R315-264-120, as applicable,
before implementation of any activities described in Rule R315-101.
(4) The requirements of Subsections
R315-270-1(c)(5)
and R315-270-1(c)(6)
shall be considered met for a hazardous waste management unit or solid waste
management unit if:
(i) the level of risk,
cumulative, present at the site is less than or equal to 1 x
10-6 for carcinogens and a hazard index of less than
or equal to one for non-carcinogens, based on the risk assessment conducted,
assuming the land use exposure scenario defined in Subsection
R315-101-5(g)(1);
(ii) the director determines that ecological
effects are insignificant based on the approved assessment conducted in
accordance with Subsection
R315-101-5(j);
and
(iii) the director determines
that current and potential future impacts to groundwater are insignificant in
accordance with Subsection
R315-101-5(f)(8).
(5) If these risk criteria are met, a request
for a risk-based clean closure in accordance with Subsection
R315-101-7(a)
may be submitted to the director for review and approval.
(6) If the level of risk, cumulative, present
at the site is greater than the limits defined in Subsection
R315-101-1(b)(2)
or R315-101-1(b)(4)
or the director determines that ecological effects may be significant in
accordance with Subsection
R315-101-5(j),
or current and potential future impact to groundwater is significant in
accordance with Subsection
R315-101-5(f)(8),
then a risk-based clean closure shall not be granted. Either corrective action,
as determined in accordance with Section
R315-101-6 and as defined in
Subsection R315-101-13(u),
appropriate site management as defined in Subsection
R315-101-13(f)
and as determined in Subsections
R315-101-7(b)
and R315-101-7(c),
or both, shall be required.
(c) For determination of appropriate
corrective action at a site, the following criteria shall be considered in
order of importance:
(1) the impact or
potential impact of the contamination on human health;
(2) the impact or potential impact of the
contamination on the environment;
(3) the technologies available for use in
cleanup; and
(4) economic
considerations and cost-effectiveness of cleanup options.
(d) The responsible party shall follow
applicable guidance documents, including Utah and federal risk assessment
guidance and methods approved by the director, as set forth in Rule
R315-101.