Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.1 - General Requirements

Current through June 25, 2024
A. Purpose
The purpose of these regulations is to promote the
					 voluntary remediation of contaminated sites in Mississippi. The regulations
					 establish remediation requirements that are based on public health and
					 environmental risks specific to the Brownfield Agreement Site. The formats and
					 procedures set forth in these regulations are designed to advise a person,
					 prior to submitting an application, of the information necessary to achieve the
					 adequate and cost-effective characterization and remediation of a Brownfield
					 Agreement Site. All information requirements may not be applicable for all
					 Brownfield Agreement Sites as long as the Applicant provides written
					 justification.
B. Authority
Mississippi Department of Environmental Quality (MDEQ) and
					 the Mississippi Commission on Environmental Quality (MCEQ) are authorized to
					 administer the requirements of the Act and the regulations promulgated there
					 under as set forth in Mississippi Code Annotated Section
					 49-35-1 through
					 27.
C. Definitions
As used in these regulations, the following terms have the
					 specified meaning, except where otherwise indicated.
(1)
Absorption factors
mean
				  the chemical-specific values that represent the fraction of the chemical from
				  an environmental medium such as soil that can pass across the exchange
				  boundaries of the organism (e.g., skin, lungs, gut) for absorption. The
				  relevant absorption factors for chemicals into humans will be those published
				  by EPA (e.g., the EPA's Dermal Exposure Assessment: Principles and Applications
				  [EPA/600/8-91/011B), EPA Region 4's Supplemental Guidance to Risk Assessment
				  Guidance to Superfund [RAGS]), those published in peer-reviewed literature, or
				  other appropriate values as approved by MCEQ.
(2)
Act
means the
				  Mississippi Brownfields Voluntary Cleanup and Redevelopment Act, Miss. Code
				  Ann. Sections
				  49-35-1 through 27.
(3)
AIHC
means American
				  Industrial Health Council.
(4)
Application
means forms prescribed by MCEQ or MDEQ, the
				  accompanying information specified in the forms, and other additional
				  information requested by the MCEQ or the MDEQ pursuant to Section
				  49-35-7 of the Act.
(5)
Applicant or "Brownfield
				  Applicant"
means the person(s) who has applied to become a Brownfield
				  Party.
(6)
Aqueous
				  Solubility
means the solubility of a pure substance in water. It is
				  the maximum amount of a chemical that will dissolve in pure water at a
				  temperature of 30 degrees Celsius.
(7)
Assessment endpoint
means the explicit expressions of the actual environmental value that is to be
				  protected. See also the definition for measurement endpoint.
(8)
ASTM
means the American
				  Society for Testing and Materials.
(9)
Background chemical
means a substance which is:
(a) consistently
				  present in the environment at and in the vicinity of the Brownfield Agreement
				  Site; and
(b) attributable to
				  geologic or natural conditions.
(10)
Bioconcentration
means
				  the uptake and accumulation or concentration of a chemical in an individual
				  organism.
(11)
Biomagnification
means the accumulation of a chemical (that
				  has the property to bioconcentrate) in humans or an animal through the food
				  chain, i.e., from the ingestion of organisms or other animals tainted with the
				  chemical.
(12)
Brownfield
				  Agreement or "Agreement"
means an agreement between the Applicant and
				  MCEQ for the remediation of a Brownfield Agreement Site.
(13)
Brownfield Agreement Order or
				  "Agreement Order"
means an Order issued by the Commission which
				  embodies a Brownfield Agreement.
(14)
Brownfield Agreement
				  Site
or
"site"
means Brownfield Property that is
				  remediated under a Brownfield Agreement. The Site shall consist of the
				  Brownfield Property that is the subject of the application and any other
				  Brownfield Property:
(a) for which the source
				  of contamination is environmental contamination or activities on or under the
				  Brownfield Property that is the subject of the application, and
(b) concerning which the MCEQ determines that
				  remediation is necessary.
(15)
Brownfield Party
means
				  any person who desires to execute and implement a Brownfield
				  Agreement.
(16)
Brownfield
				  Property
means any property where use is limited by actual or
				  potential environmental contamination, or the perception of environmental
				  contamination, and that is or may be subject to remediation under any state
				  environmental law, regulation or program or under the Comprehensive
				  Environmental Response, Compensation and Liability Act of 1980, as amended, 42
				  USCS 9601 et seq. (1997)(CERCLA), but does not include any of the following:
(a) sites proposed by the United States
				  Environmental Protection Agency for the National Priorities List (NPL) but not
				  listed on the NPL or sites listed on the NPL, except those NPL sites for which
				  the United States Environmental Protection Agency has issued certificates of
				  completion of the remediation set forth in the records of decision for those
				  sites or concerning which EPA has subsequently determined that listing is
				  inappropriate;
(b) sites for which
				  an administrative or judicial order is issued which is still in effect or
				  enforcement action commenced under CERCLA or Sections 001(b)(3)(B)(iv.),
				  3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of
				  1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA);
				  or
(c) sites undergoing corrective
				  action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that
				  the United States Environmental Protection Agency determines have completed
				  corrective action.
(17)
Brownfields Corrective Action Plan (CAP)
means a document or a
				  set of documents that outlines remedial objectives, scope of the design
				  investigation, conceptual designs, pre-construction design specifications,
				  construction management and schedules, quality control, and operation and
				  maintenance in connection with remedial actions conducted pursuant to the Act
				  and these regulations. The content and format of the CAP is provided in MDEQ's
				  "Brownfields Corrective Action Plan Format," which may be required as part of
				  the application.
(18)
Brownfields Corrective Action Report
means a document or a set
				  of documents that provide information supporting the remediation of human
				  health and environmental risks specific to the Brownfield Agreement Site to
				  levels appropriate for the land-use of the Site.
(19)
Brownfields Site
				  Characterization Report
means a document or a set of documents that
				  provides information supporting the delineation of the vertical and horizontal
				  extent of contamination on or under a Site in order to develop remediation
				  requirements for the Site or to determine that remediation is necessary. The
				  contents and format of the Brownfield Site Characterization Report is provided
				  in MDEQ's "Brownfields Site Characterization Report Format," which shall be
				  required as part of the application.
(20)
Carcinogen
means any
				  substance which may cause cancer as identified by the U.S. Environmental
				  Protection Agency (EPA).
(21)
Carcinogenic risk
or
upperbound excess lifetime
				  carcinogenic risk
means the likelihood of developing cancer or tumor
				  incidence for an individual from lifetime exposure to a carcinogen, not
				  including exposure to cancer causing background chemicals.
(22)
CERCLA
means the
				  Comprehensive Environmental Response, Compensation, and Liability Act of 1980
				  (Superfund) (Public Law
				  96-510), as amended by the Superfund Amendments
				  and Reauthorization Act of 1986,
				  42 U.S.C.
				  9601 et seq..
(23)
Chemical of Concern
				  (CoC)
means a contaminant or a chemical that poses public health and
				  environmental risks specific to the Brownfield Agreement Site.
(24)
Complete Application
means a Brownfield Agreement Application which the MDEQ determines contains
				  information addressing each application requirement of the Act and these
				  regulations and contains all information necessary to initiate formal
				  processing of the application, as determined by MCEQ. Only a complete
				  application constitutes an application for the purposes of Section
				  49-35-7(2).
(25)
Cost effective
, when
				  applied to remediation requirements, use restrictions, or engineering controls,
				  means that these measures are economically and technically feasible and
				  practicable in protecting human health or the environment for the intended use
				  of a Brownfield Agreement Site.
(26)
Cumulative excess cancer
				  risk
means the upper bound on the estimated cancer risk above the
				  background risk associated with exposure to multiple hazardous substances or
				  multiple exposure pathways.
(27)
Cumulative site risk
means the summation of risks to a human
				  receptor or ecological receptor from one or more hazardous substances. The
				  cumulative site risk for noncarcinogens is the site's hazard index. The
				  cumulative site risk for carcinogens is the cumulative excess cancer
				  risk.
(28)
DAF
means a Dilution-Attenuation Factor approved for use in the Brownfields Program
				  by MDEQ.
(29)
Deterministic
				  risk assessment
means the traditional approach to estimating a site's
				  potential risk by solving the risk algorithm (intake multiplied by the
				  dose-response) analytically by the assignment of average or high-end values in
				  the algorithm to calculate the risk (dependent variable) posed by independent
				  variables (such as exposure factors and exposure point concentrations that
				  produce the intake).
(30)
DNAPL
means dense non-aqueous phase liquid.
(31)
Ecological receptor of
				  concern
means specific ecological communities, populations, or
				  individual organisms protected by federal or state laws and/or regulations, or
				  those local populations which provide important natural or economic resources,
				  functions and values.
(32)
Ecosystem
means an integrated, self-functioning system
				  consisting of interactions among both the biotic community and abiotic
				  environment within a specified location in space and time.
(33)
Effective Solubility
means the solubility of a compound that will dissolve from a chemical mixture
				  (e.g., gasoline). The effective solubility of a compound from a chemical
				  mixture is less than its aqueous solubility.
(34)
Engineering control
means an existing condition or modification to a Brownfield Agreement Site that
				  reduces or eliminates the potential for exposure to contaminants. These
				  conditions or modifications may include, but are not limited to, physical or
				  hydraulic control measures (such as groundwater recovery trenches and leachate
				  collection systems), groundwater treatment systems, engineered caps, liner
				  systems, slurry walls, or permanent structures, but shall not include the
				  exclusive use of security fencing.
(35)
Environmental
				  contamination
means the presence of hazardous substances or
				  constituents that pose unacceptable risks to the environment, humans, or
				  ecological receptors.
(36)
EPA
means the United States Environmental Protection
				  Agency.
(37)
Executive
				  Director
means the Executive Director of the Mississippi Department of
				  Environmental Quality.
(38)
Exposure
means contact of an organism with a chemical or
				  physical agent. Exposure is quantified by exposure point concentration in an
				  exposure medium (such as soil, sediment, air, groundwater, and surface water)
				  and the intake of the medium (expressed as the amount of the medium taken into
				  the body by the organism per unit body weight per day).
(39)
Exposure factors
means
				  values used to estimate exposure in risk assessment, such as the number of days
				  per year, number of years that exposure is expected to occur, the amount of
				  contaminated media that a person or an organism might contact per day, the
				  extent of uptake or absorption of the medium contacted, and the body
				  weight.
(40)
Exposure
				  pathway
means the manner by which a person or an organism may be
				  exposed to a chemical of concern or contaminant. A complete exposure pathway
				  consists of a source, a release from a source, a migration and transport
				  mechanism, an exposure medium (e.g., air) or media (in cases of intermediate
				  transfer), an exposure point, and an exposure route.
(41)
Exposure point concentration
				  (EPC)
is the amount of CoC available at the exchange boundaries of the
				  organism (e.g., skin, lungs, gut) for absorption by humans.
(42)
Exposure route
means
				  the portal of entry which results in the intake of a contaminated medium into
				  the human body or an organism (e.g., ingestion, dermal contact, and
				  inhalation).
(43)
Fate and
				  Transport
means the behavior and movement of a chemical through an
				  environmental media. The movement is affected by many factors such as sunlight
				  (UV radiation), wind-blown or wave actions, microbial activity, groundwater and
				  surface water flow, chemical properties (e.g., solubility, density),
				  physical-chemical properties of the medium (e.g., grain size, porosity,
				  permeability, and organic carbon content), and presence of solubility-enhancing
				  solvents or buried piping and utilities.
(44)
Free product
means a
				  discharged hazardous substance or environmental pollutant that is present in
				  the environment as a floating or sinking non-aqueous phase liquid. Free Product
				  is considered present if:
(a) measurable using
				  best available technologies, or
(b)
				  for groundwater, the concentration of the chemical of concern is at or above
				  the aqueous solubility limit for that pure compound or the effective solubility
				  limit for that compound in a chemical mixture, or
(c) for soils, the concentration of the
				  chemical of concern is at or above the soil saturation limit for that compound
				  for all chemicals with a melting point less than 30 degrees Celsius.
(45)
Groundwater quality
				  standard
means the chemical-specific numerical value published by EPA
				  as Maximum Contaminant Level (MCL). Where the groundwater intersects surface
				  water, ambient water quality criteria values identified in the "Mississippi
				  Water Quality Criteria for Intrastate, Interstate, and Coastal Waters" or other
				  values determined by the MDEQ to be protective will be applicable.
(46)
Habitat
means the area
				  or type of environment to which an organism or biological population is
				  indigenous.
(47)
Hazard
				  index
means the sum of the hazard quotients for multiple substances
				  and/or multiple exposure pathways.
(48)
Hazard quotient
means
				  the value which quantifies non-carcinogenic hazard for a single chemical for an
				  individual receptor over a specified exposure period. The hazard quotient is
				  equal to the ratio of an intake of a chemical to the chemical's reference dose.
				  Hazard quotient shall be based on similar-acting non-carcinogens, i.e.,
				  systemic toxicants that act on the same organ or organ system.
(49)
Hazardous substance
mean any substance which is a hazardous substance as defined in Section 101(14)
				  of the Comprehensive Environmental Response, Compensation, and Liability Act of
				  1980, and any substance which is designated as a hazardous substance under
				  Section 102 of such Act.
(50)
Integrated Risk Information System (IRIS)
means the database
				  system of that name developed and maintained by EPA.
(51)
Land-use restriction or
				  institutional control
means the limitation on use of or access to a
				  Brownfield Agreement Site to reduce or eliminate the potential for exposure to
				  contaminants. These restrictions may include, but are not limited to, deed
				  restrictions, use restrictions, restrictive covenants, or restrictive
				  zoning.
(52)
Legal and
				  Equitable Interest Owners
mean persons who have a legal or equitable
				  interest in the Brownfield Agreement Site and may include, but are not limited
				  to, property owners, tenants, or lending institutions.
(53)
LNAPL
means light
				  non-aqueous phase liquid.
(54)
Local government
means a county or municipality within the
				  State of Mississippi.
(55)
MCL
means maximum contaminant level published by EPA under the
				  Safe Drinking Water Act (42
				  United States Code 300f, et seq.).
(56)
MCEQ
means the
				  Mississippi Commission on Environmental Quality.
(57)
MDEQ
means the
				  Mississippi Department of Environmental Quality.
(58)
Measurement endpoint
means the measurable responses to chemicals or physical changes in the
				  environment that are related to the valued characteristics chosen as the
				  assessment endpoint.
(59)
mg/Kg
means milligram per kilogram.
(60)
mg/L
means milligram
				  per Liter.
(61)
Monitored
				  Natural Attenuation
means remediation by natural attenuation that is
				  monitored to determine achievement of remediation goals over a specified time
				  period.
(62)
Natural
				  Attenuation
means the reduction in the concentration or mass of a
				  substance and its breakdown products in an environmental medium (such as
				  groundwater), due to naturally occurring physical, chemical, and biological
				  processes without human intervention or enhancement. These processes include,
				  but are not limited to, dispersion, diffusion, sorption and retardation, and
				  degradation processes such as biodegradation, abiotic degradation and
				  radioactive decay.
(63)
NAPL
means non-aqueous phase liquid, which can be heavier or
				  lighter than water. NAPL that is lighter than water is called light non-aqueous
				  phase liquid (LNAPL) or a floater. NAPL that is heavier than water is called
				  dense non-aqueous phase liquid (DNAPL) or a sinker.
(64)
NPL
means the National
				  Priorities List published by EPA pursuant to CERCLA Section 105.
(65)
Person
means any person
				  as defined in Section
				  17-17-3 of the Mississippi Code
				  Annotated.
(66)
Potentially
				  responsible party
means a person who is or may be liable for
				  remediation under any state or federal law, regulation, or program.
(67)
Previously unknown
				  contaminant
means any chemical or contaminant that has not been
				  delineated in the Brownfields Site Characterization Report and/or remediated to
				  a risk-level appropriate for the land-use of the Site as described in the
				  Brownfields Corrective Action Report.
(68)
PRG
means the
				  Preliminary Remediation Goal developed by EPA Region 9 for a specific
				  chemical.
(69)
Principal
				  threat chemical
means a CoC, by itself or with other CoCs, which has
				  been shown to contribute a substantial part (majority) of the total Site risk
				  based on a Tier 3 site-specific risk assessment.
(70)
Probabilistic risk
				  assessment
means a site-specific risk assessment performed using a
				  statistical sampling technique that produces a probabilistic approximation of
				  the potential risk from the site-specific risk assessment algorithm or
				  model.
(71)
Property
				  boundary or site boundary
means the boundary of the Brownfield
				  Agreement Site.
(72)
Quality Assurance Project Plan (QAPP)
means a document or set
				  of documents that integrates all technical and quality aspects of a project,
				  including planning, implementation, and assessment. The purpose of the QAPP is
				  to document planning results for environmental data operations and to provide a
				  project-specific "blueprint" for obtaining the type and quality of
				  environmental data needed for a specific decision or use.
(73)
Quality Management Plan
				  (QMP)
means a document or set of documents that describes how an
				  organization structures its quality system and describes its quality policies
				  and procedures, criteria for and areas of application, and roles,
				  responsibilities, and authorities. It also describes an organization's policies
				  and procedures for implementing and assessing the effectiveness of the quality
				  system.
(74)
Quantitation
				  limit
means the lowest concentration for an analytical test method and
				  sample matrix at which the quantity of a particular substance can be routinely
				  measured with a stated degree of confidence. The quantitation limit for a
				  particular sample analysis and analytical method is called the sample
				  quantitation limit (SQL) or reporting limit.
(75)
Radioactive material
means a radionuclide or substance that spontaneously emits ionizing radiation
				  or particles.
(76)
RBC
means the risk-based concentration developed by utilizing
				  equations developed by EPA Region III for a specific chemical.
(77)
RBSL
means risk-based
				  screening levels developed by ASTM in the Emergency Standard Guide (ES 38-94)
				  and in the Standard Guide for Risk-Based Corrective Action Applied at Petroleum
				  Release Sites (ASTM E 1739-95), 1995.
(78)
RCRA
means the Resource
				  Conservation and Recovery Act of 1976,
				  42 USC
				  6901 et seq..
(79)
Readily apparent harm
means the observations of stressed biota and/or their habitat.
(80)
Receptor
means
				  environmental resources, including but not limited to, plant and animal
				  species, humans, sensitive environments and habitats, water supply wells, and
				  locations that have the potential to be, or have actually been, exposed to
				  contamination.
(81)
Reference concentration (RfC)
means a value representing a
				  daily exposure level for the human population, including sensitive
				  subpopulations, that is not likely to cause deleterious and non-reversible
				  adverse noncancer health effects during a chronic or subchronic exposure
				  period. Reference concentration is generally expressed in the unit of milligram
				  per cubic meter (mg/m3).
(82)
Reference dose (RfD)
means a value representing a daily
				  exposure level for the human population, including sensitive subpopulations,
				  that is not likely to cause deleterious and non-reversible adverse noncancer
				  health effects during a chronic or subchronic exposure period. Reference dose
				  is generally expressed in the unit of milligram per kilogram body weight
				  (mg/Kg/day).
(83)
Regionally Prevalent Chemical
means a substance found
				  throughout a substantial geographic region, as approved by MDEQ (e.g., Delta
				  region), that can be attributed to conditions, as approved by MDEQ, such as
				  atmospheric deposition and aerial application.
(84)
Remediation
means
				  action to cleanup, mitigate, correct, abate, minimize, eliminate, control,
				  treat, remove, or to implement institutional and/or engineering controls in
				  order to prevent the spreading, migration, leaking, leaching, volatilization,
				  spilling, transport, exposure, or further release of a contaminant to the
				  environment in order to protect public health or the environment.
(85)
Remediation goal (RG)
means the target cleanup level or objective that is cost-effective,
				  implementable, and protective of human health and the environment. The RG can
				  be quantitative, i.e., numerical cleanup level (generally expressed in mg/kg
				  [soil or sediment] or mg/L [water]) or can be qualitative (e.g., basis for an
				  engineered barrier, to prevent/minimize exposure). Fencing alone cannot be the
				  RG.
(86)
Restricted
				  site
means a Brownfield Agreement Site where access to the general
				  public is limited and/or controlled. The restrictions may include, but are not
				  limited to, deed restrictions, use restrictions, restrictive covenants, or
				  restrictive zoning.
(87)
Risk
means the likelihood or probability that a hazardous
				  substance, when released to the environment, will cause adverse effects in
				  exposed humans or other biological receptors. Risk is further classified as
				  carcinogenic (from exposure to carcinogens) or noncarcinogenic (from exposure
				  to noncarcinogens, i.e., systemic toxicants).
(88)
Risk assessment or
				  "site-specific risk assessment"
means a site-specific characterization
				  of the current or potential threats that may be posed to human health and the
				  environment by contamination migrating to or in groundwater or surface water,
				  discharging to the air, leaching through or remaining in soil, bioaccumulating
				  in the food chain, or other complete and significant exposure pathways
				  identified in the Site Conceptual Exposure Model (SCEM). Key components of a
				  risk assessment are the identification of hazard (i.e., identifying
				  site-related chemicals and their concentrations in the exposure media),
				  exposure assessment (identifying complete and significant exposure pathways and
				  quantifying intake), toxicity assessment (identifying the toxic effects and
				  dose-response [toxicity value]), risk characterization, and discussion of
				  uncertainties. For the purposes of these regulations, a Tier 3 Risk Assessment
				  is considered a "site-specific risk assessment."
(89)
Risk-based remediation
				  requirements
means remediation requirements based on public health and
				  environmental risks specific to a Brownfield Agreement Site.
(90)
Risk Management
means
				  the evaluation of options or measures to reduce risk, including, but not
				  limited to, such options as no further action, monitoring only, or gathering
				  additional data before making a decision.
(91)
Sediment
means
				  particles in surface waters or wetlands or on the bottom of surface waters or
				  wetlands that are derived from the erosion of rock, minerals, soils and
				  biological materials, as well as chemical precipitation from the water column.
				  Sediment particles are transported by, suspended in or deposited by
				  water.
(92)
Sensitive
				  environment
means an area of exceptional environmental value, where a
				  discharge or release could pose a greater threat than a discharge to other
				  areas, including but not limited to: wetlands; habitat used by state or
				  federally designated endangered or threatened species; national or state fish
				  and wildlife refuges and fish and wildlife management areas; and state and
				  federal designated wild and scenic rivers.
(93)
Site Conceptual Exposure Model
				  (SCEM)
means a graphical presentation of actual or hypothetical
				  conditions, based on current data and understanding of the Site, under which
				  the chemicals of concern or contaminants from a Brownfield Agreement Site may
				  be released from a source, moved (migration/transport) in the environment,
				  present in the exposure media, and absorbed by the receptor through the
				  exposure routes. The SCEM will be used to identify data needs to assess risk
				  and may be modified to consider new data in determining whether an exposure
				  pathway is incomplete or complete. The SCEM is used in the development of
				  remediation goals and identification of remedial options.
(94)
Slope factor
means the
				  upperbound estimate of probability in the occurrence of excess cancer risk
				  (increase in cancer risk over the background risk) associated with a specific
				  carcinogen for an individual who is exposed to a unit of intake over lifetime.
				  The unit for a slope factor is the probability per unit intake, i.e., the
				  inverse of milligram per kilogram body weight
				  (mg/Kg/day)-1.
(95)
SPLP
means Synthetic
				  Precipitation Leaching Procedure, an EPA analytical method (Method 1312)
				  published in SW-846.
(96)
SSL
means a soil screening level developed by EPA in the Soil
				  Screening Guidance: Technical Background Document (EPA/540/R-95/128).
(97)
Stakeholders
mean
				  persons or parties who have a legitimate interest in the remediation and
				  redevelopment of the Brownfield Agreement Site. These persons include, but are
				  not limited to, the property owners adjoining the Brownfield Agreement Site
				  property and local governments.
(98)
SW-846
means Test
				  Methods for Evaluating Solid Waste - Physical/Chemical Methods published by the
				  U.S. Environmental Protection Agency, Office of Solid Waste on November 1986,
				  and its updates.
(99)
Systemic Toxicant
means a substance or agent that may enter
				  the body, injure an organ or organ system, or have an effect other than causing
				  cancer. The toxicity value used for risk characterization of the chronic effect
				  for a systemic toxicant is the reference dose (RfD).
(100)
Target remediation goals
				  (TRGs)
mean risk-based media concentrations utilized in the Tier 1
				  evaluation of human health and environmental impacts in these regulations. Soil
				  TRGs are soil concentrations developed by MDEQ for individual chemicals to
				  address the soil ingestion and inhalation exposure pathways and environmental
				  risks. Groundwater TRGs are either the groundwater quality standards (current
				  MCLs published by EPA) or risk-based remediation goals derived by MDEQ. Soil
				  and groundwater TRGs are provided in MDEQ's Risk Evaluation Procedures
				  developed for these regulations. Surface water TRGs are the water quality
				  criteria published by the MDEQ. TRGs are to be compared with the exposure point
				  concentrations. TRGs alone do not always trigger the need for response actions
				  or define unacceptable levels of contaminants in soil or groundwater. The Tier
				  1 TRGs may either be used as "default" remediation goals or as screening values
				  that will initiate a Tier 2 Evaluation or Tier 3 Evaluation.
(101)
Target risk
means a de
				  minimis or insignificant risk to humans below which further action
				  (remediation, institutional control, monitoring, etc.) is not
				  warranted.
(102)
Technical
				  Impracticability
or
"Technically impracticable"
means
				  the inability to achieve certain remediation requirements and is based on
				  engineering feasibility and reliability, cost-effectiveness, and risk-based
				  considerations. For the purposes of these regulations, EPA's OSWER Directive
				  9234.2-25: "Guidance for Evaluating the Technical Impracticability of
				  Groundwater Restoration," dated September 1993 may be utilized in developing a
				  demonstration of technical impracticability with regard to groundwater and soil
				  remediation, free product removal, and other site-specific conditions approved
				  by MDEQ.
(103)
Tier 1
				  Evaluation
means a comparison of CoC exposure point concentrations in
				  soil or sediment with chemical-specific TRGs for the evaluation of human health
				  and environmental impacts and an evaluation of ecological impacts through
				  completion of an Ecological Checklist. Ecological evaluations are used to
				  determine whether ecological receptors of concern are present and may include,
				  but are not limited to, the collection of field observation data for any
				  readily apparent harm on the ecological receptors of concern.
(104)
Tier 2 Evaluation
means a more in-depth evaluation of site-specific conditions beyond the Tier 1
				  Evaluation methodology. The Tier 2 Evaluation may include, but is not limited
				  to, an evaluation of site-specific conditions by (1) comparing the UCL of the
				  Mean for a CoC applying statistical methods to the Tier 1 TRGs, (2) comparing
				  EPCs to calculated background chemical concentrations, (3) comparing EPCs to
				  calculated regionally prevalent chemical concentrations, (4) utilizing
				  site-specific variables (i.e., exposure frequency, exposure duration, etc.) to
				  calculate site-specific RGs, (5) eliminating/minimizing exposure routes, (6)
				  conducting an analysis of Petroleum Hydrocarbons using TPH Fractioning, or (7)
				  other methods approved by MDEQ.
(105)
Tier 3 Evaluation
means a site-specific risk assessment (Risk Assessment). The Tier 3 human
				  health risk evaluation is the characterization of the risks of cancer and
				  adverse non-cancer health effects in humans in accordance with EPA's Risk
				  Assessment Guidance for Superfund (RAGS) and other risk assessment guidance
				  published by EPA including, but not limited to, the Adult Lead Model and the
				  Integrated Exposure Uptake Biokinetic Model (IEUBK) for lead. The Tier 3
				  ecological risk evaluation is the characterization of environmental effects
				  qualitatively or quantitatively in accordance with the EPA's Framework for
				  Ecological Risk Assessment guidance, as amended.
(106)
Treatability study
means the testing and documentation activities to evaluate the effectiveness of
				  a proposed remediation method (remedial action) prior to full scale design and
				  implementation. Treatability study includes, but is not limited to, bench scale
				  studies and pilot scale studies, and may be required by the Corrective Action
				  Plan if the remediation method has not been evaluated by EPA or an independent
				  consultant or trade association to be capable of treating the medium (or medium
				  of similar physical and chemical characteristics) at the Brownfield Agreement
				  Site.
(107)
Unacceptable
				  risks
mean that the carcinogenic risks, non-carcinogenic hazards, or
				  ecological risks posed by the CoCs at the point of exposure, according to a
				  Tier 1, Tier 2, or Tier 3 Evaluation, have exceeded established target risk
				  levels for humans or ecological receptors. The term can also be applied
				  qualitatively if there is a sufficient basis to conclude that the likelihood of
				  impact to the ecological receptors of concern or the sensitive environment is
				  high based on findings of an ecological risk assessment.
(108)
Unrestricted site, relevant to
				  a Brownfield Agreement Site
, means that the use of the property is not
				  restricted by an applicable Brownfield Agreement.
(109)
Volatile Compounds
means those compounds with a Henry's Law Constant greater than 1 x 10-5 and a
				  molecular weight less than 200 g/mole, for all media.
(110)
Wetlands
means those
				  areas where water is at, near or above the land surface long enough to be
				  capable of supporting aquatic or hydrophytic vegetation, and which have soils
				  indicative of wet (hydrid) conditions.