Current through Bulletin 2024-06, March 15, 2024
(a) A determination of no further action or
corrective action complete without controls or unrestricted land use or
risk-based clean closure and no site management shall be approved when:
(1) the level of risk present at the site is
less than or equal to 1x10-6 as the point of
departure for carcinogens and the hazard index is less than or equal to one for
non-carcinogens based on the approved risk assessment conducted assuming the
land use exposure scenario defined in Subsection
R315-101-5(g)(1);
(2) the director determines that ecological
effects as the site are insignificant based on the approved assessment
conducted in accordance with Subsection
R315-101-5(j);
and
(3) current impacts to
groundwater are insignificant in accordance with Subsection
R315-101-4(f)(15)
and residual contamination present at the site possess no future threat to
groundwater in accordance with Subsection
R315-101-5(f)(8)
and "Soil Screening Guidance Technical Background Document," US EPA, as
incorporated by reference in Section
R315-101-12, or groundwater
contaminant concentrations have been shown to be below a corrective action
level using statistical corrective action test in accordance with "Statistical
Analysis of Groundwater Monitoring Data at RCRA Facilities," US EPA Unified
Guidance, as incorporated by reference in Section
R315-101-12 or the "Groundwater
Statistics and Monitoring Compliance Guidance Document," Interstate Technology
Regulatory Council (ITRC) as incorporated by reference in Section
R315-101-12, as
applicable.
(b) A
determination of either corrective action complete with controls or restricted
land use, along with a site management plan shall be approved when:
(1) the level of risk present as the site is
greater than 1x10-6 but less than
1x10-4 for carcinogens and the hazard index is less
than or equal to one for non-carcinogens based on the approved risk assessment
conducted assuming the land use exposure scenario defined in Subsection
R315-101-5(g)(1)
or R315-101-5(g)(2);
and
(2) clean closure is not
supported by conclusions of either the site investigation or corrective action
risk assessment.
(c) The
site management plan shall:
(1) be submitted
within 60 days of approval of the risk assessment report and include a schedule
for implementation;
(2) be
supported by the findings in the approved risk assessment report and contain
appropriate site management activities;
(3) encompass any activities, controls and
conditions necessary to manage the risk to human health and the environment so
that acceptable risk levels are not exceeded under current or reasonably
anticipated future land use conditions;
(4) ensure that the assumptions made in the
estimation of risk and applicable target risk levels are being met;
and
(5) ensure that adverse
ecological effects are controlled and managed so that documented hazard
quotients and indices are less than or equal to one.
(d) Appropriate site management activities
shall be measures and controls taken to manage and reduce risks greater than 1
x 10-6 but less than
1x10-4 under both current and reasonably anticipated
future land use conditions, through land use controls, such as institutional
controls and engineering controls, groundwater monitoring, post-closure care,
or corrective action as determined by the director on a case-by-case basis as
defined in Subsection
R315-101-13(f).
(e) The site management plan shall be
reviewed and approved by the director before implementation of the plan. Before
approval, the site management plan shall be subject to the public notice
requirements of Section
R315-101-10.
(f)
(1) If
the director finds that the site management plan is not adequate for protection
of human health and the environment, the responsible party shall resubmit a
revised site management plan addressing the comments of the director within an
appropriate time frame as specified by the director. The director shall review
and approve or reject the revised site management plan. The responsible party
shall resubmit the site management plan addressing the deficiencies in a time
frame specified by the director.
(2) The site management plan shall be
implemented in accordance with the approved schedule.
(g)
(1)
Upon completion of the requirements in Subsection
R315-101-7(a),
corrective action shall be considered complete without controls and the land is
acceptable for unrestricted use.
(2) The requirements of Subsections
R315-270-1(c)(5) and
(6) shall be deemed met if Subsection
R315-101-7(a)
is met.
(h) The site
management plan shall include a land use control plan that specifies allowable
and prohibited use of the site.
(i)
Land use controls shall guarantee that pathways of exposure to contaminants of
concern remain incomplete for as long as there are hazardous wastes or
hazardous waste constituents remaining that could pose an unacceptable risk to
human health and the environment.
(j) Land use controls shall be reliable,
enforceable, and consistent with the risk posed by the contaminants of concern
as documented in the approved risk assessment report. Land use controls may
include engineering controls such as capping, paving, vapor barriers, fencing,
signage, site security, and institutional controls, such as post-closure care
and land use restrictions, as determined on a case-by-case basis and approved
by the director.
(k) In instances
where contamination, including groundwater, has migrated off-site, and the
director determines that the contaminant concentration poses a potential risk
exceeding the acceptable risk level for residential land use exposure scenario
defined in Subsection
R315-101-5(g)(1),
the responsible party shall:
(1) Submit a
proposed written notice of contamination to the director for approval before
its distribution to the off-site property owners affected or potentially
affected by the contamination.
(i) The
written notice shall at a minimum, include the following:
(A) names of the contaminants detected above
applicable screening levels;
(B)
the corresponding screening levels;
(C) the respective detected contaminant
concentrations; and
(D) adverse
effects on human health and the environment.
(2) Notify the off-site property owners, in
writing, within 30 days of director approval of written notice.
(3) Provide the director with a certified
mail return receipt, or any other form of delivery that provides confirmation
of receipt.
(4) With the property
owner's consent, and with the director's approval, conduct corrective action in
accordance with Section
R315-101-6 to reduce
concentrations of constituents of concern on the property to or below
residential land use exposure scenario defined in Subsection
R315-101-5(g)(1)
or R315-101-4(f)(15)
as applicable, if it is determined by the director that the action is necessary
for protection of human health and the environment, or that groundwater use is
designated as a drinking water source or is potentially a drinking water
source; or
(5) If groundwater
contamination has migrated off-site but Subsections
R315-101-7(k)(1)
through R315-101-7(k)(4)
are not applicable, the responsible party shall inform the off-site property
owner in writing of the contamination, as required by Subsection
R315-101-7(k)(1),
and with the property owner's consent, and with the director's approval,
conduct corrective action in accordance with Section
R315-101-6 to reduce
concentrations of contaminants of concern on the off-site property to
non-residential land use exposure levels consistent with the requirements of
Subsection R315-101-5(g)(2)
and the designated groundwater use, and develop a site management plan in
accordance with Section
R315-101-7. The responsible
party shall prepare and obtain the director's approval for an environmental
covenant concerning the property. The responsible party shall request the
property owner to record the environmental covenant and document to the
director its efforts to have the environmental covenant recorded.
(l) If the responsible party
cannot gain access to further characterize the off-site property, or to assess
and manage risks, or to conduct corrective action on the off-site property, the
responsible party shall:
(1) document each
attempt to gain access to the off-site property, and obtain concurrence from
the director that the attempts made were reasonable and that no further
attempts need to be made;
(2) meet
the applicable target risk levels or some approved groundwater protection
standards at the boundary of the site; and
(3) with a site management plan approved by
the director, take the necessary actions to prevent further migration of
contaminants of concern beyond the site boundary.
(m) For impacts to off-site groundwater,
surface water bodies and sediments, and other media, the corrective action
levels shall be protective of each receptor, human and ecological, for each
current and potential future exposure pathway.
(n) The site management plan in Subsections
R315-101-7(k)(5)
and R315-101-7(l)(3)
addressing off-site and site groundwater contamination respectively, shall
include the activities and conditions necessary to address current and
potential future impacts to groundwater. The proposed controls and measures
shall be consistent with Section
R315-101-3 and prevent further
ground water degradation at the site or off-site property so that risks are
controlled, reduced or maintained at levels within the acceptable risk range as
defined in Subsection
R315-101-13(c).
(o) Once the site management plan as
specified in Subsection
R315-101-7(b),
R315-101-7(k)(5)
or R315-101-7(l)(3)
as applicable has been approved by the director, the contamination level shall
not be allowed to exceed the level of risk specified in the plan. The
responsible party has the burden to demonstrate that future levels of
contamination at either the site or off-site property or both are either below
or within the range of risk levels specified in the site management
plan.
(p) If the responsible party
cannot demonstrate that the level of contamination at either the site or
off-site property or both is either below or within the range of risk levels
specified in the site management plan, then further corrective action may be
required as determined by the director to bring the risk levels to within the
acceptable risk range as specified in the site management plan. A revised site
management plan may be required by the director.
(q) In instances where contaminated
groundwater has been determined by the director as having no complete exposure
pathways and there is no migration of the contaminated plume off-site, or when
the director has approved a claim of technical impracticability for corrective
action, then, instead of meeting specific cleanup levels, the acceptable
management goals and remedy, shall be the following:
(1) source control of releases of
contaminants that may pose a threat to human health and the
environment;
(2) protection of
human health and the environment from any potential exposure pathways to
contaminated groundwater;
(3)
long-term plume containment system for protection of human health and the
environment;
(4) perpetual care
obligation of the responsible party;
(5) periodic groundwater monitoring, unless
terminated by the director after an evaluation of the site-specific conditions
and risk characteristics, to demonstrate that contaminant levels are not
increasing and the groundwater plume is stationary; and
(6) periodic re-evaluation of the technical
impracticability decision as part of routine performance monitoring to ensure
long-term protection of human health and the environment.
