In many cases, chemicals can be detected well below background levels. Inherent in the State-implemented RBCA program will be the demonstration that the regulated chemical is present at a concentration that is deemed to pose an unacceptable risk to human health or the environment and, therefore, is undesirable. There is a precedent in many State and Federal regulatory programs to allow levels of chemicals of concern to remain in environmental media without becoming contaminated media. Most States have accepted this concept in their adoption of MCLs or State drinking water standards and permitted air emissions and surface water discharges. Each State can look to its specific programs for numerous examples of situations when acceptable levels of chemicals in soil, water, or air do not create contaminated media.
Recommendation Establish the goals of the State-specific RBCA program.
Develop definitions that are consistent with the goals as part of the implementation process. Consider existing statutory and regulatory definitions to avoid conflict with existing State regulatory programs.