Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Affected area"
means any real property
				  affected, suspected of being affected, or modeled to be likely affected by a
				  release occurring at an enrolled site.
"Affiliate"
means a corporate parent,
				  subsidiary, or predecessor of a participant, a co-owner or co-operator of a
				  participant, a spouse, parent, or child of a participant, an affiliated
				  corporation or enterprise of a participant, or any other person substantially
				  involved in the legal affairs or management of a participant as defined by the
				  department.
"Background standard"
means a standard which
				  represents concentrations of contaminants which are naturally occurring or are
				  generally present and not related to a readily identifiable release.
"Carcinogenic health risk "
means the
				  incremental risk of a person developing cancer over a lifetime (70 years) as a
				  result of exposure to a hazardous substance, expressed as a probability such as
				  one in a million (106). The contaminant level for
				  the probability value is derived from application of certain designated
				  exposure assumptions and a slope factor.
"Contaminant"
means any hazardous substance
				  found in the various media of the environment.
"Contaminant of concern"
means specific
				  hazardous substances that are identified for evaluation in the risk assessment
				  process. Identification can be based on their historical and current use at the
				  site, detected concentrations in environmental media and their mobility,
				  toxicity, and persistence in the environment.
"Cumulative risk"
means a summation of
				  cancer and noncancer risks, determined separately, based on exposure to
				  multiple contaminants from the same medium and exposure of the same individual
				  to contaminants in multiple media.
"Enrolled site "
means any property which
				  has been or is suspected to be the site of or affected by a release and which
				  has been enrolled pursuant to this chapter by a participant.
"Environmental protection easement"
means an
				  institutional control created under Iowa Code Supplement section
				  455H206.
				  which is a statutorily authorized restriction on land use.
"Exposure pathway "
means the course a
				  contaminant of concern may take from its source area to an exposed organism.
				  Each exposure pathway includes a source or release from a source, a point of
				  exposure, and an exposure route.
"Exposure route "
means the manner in which
				  a contaminant of concern comes in contact with an organism (e.g., ingestion,
				  inhalation, dermal contact).
"Free product"
means a hazardous substance
				  that is present as a nonaqueous phase liquid (e.g., liquid not dissolved in
				  water) or is present as a solid in its original form as a product or waste
				  material.
"Gross contamination "
means contamination
				  present at concentrations in an amount sufficient to reasonably expect that
				  institutional or technological controls will not be adequately protective of
				  human health or the environment.
"Group A, B, C, D and E chemicals "
means
				  hazardous substances which have been classified based on the weight of evidence
				  of human carcinogenicity. Group A substances are carcinogenic to humans. Group
				  B substances are likely to be carcinogenic to humans. Group C substances have
				  suggestive evidence of human carcinogenicity, but not sufficient evidence to
				  assess human carcinogenic potential. Data are inadequate to assess human
				  carcinogenic potential for Group D substances. Group E substances are not
				  likely to be carcinogenic to humans.
"Hazardous substance "
means any substance
				  or mixture of substances that presents a danger to the public health or safety
				  and includes, but is not limited to, a substance that is toxic, corrosive, or
				  flammable, or that is an irritant or that generates pressure through
				  decomposition, heat, or other means. "Hazardous substance" may include any
				  hazardous waste identified or listed by the administrator of the United States
				  Environmental Protection Agency under the Solid Waste Disposal Act as amended
				  by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant
				  listed under Section 307 of the federal Water Pollution Control Act as amended
				  to January 1, 1977, or any hazardous substance designated under Section 311 of
				  the federal Water Pollution Control Act as amended to January 1, 1997, or any
				  hazardous material designated by the Secretary of Transportation under the
				  Hazardous Materials Transportation Act.
"Hydraulic conductivity"
means a measure of
				  the capacity of a porous medium (rock or soil) to transmit water. It is
				  expressed as the volume of water that will flow through a unit length of a unit
				  cross-sectional area of the porous medium in a unit time with a unit head
				  loss.
"Institutional controls "
means a
				  nonphysical action which restricts land use to reduce or eliminate exposure to
				  the contaminants of an affected area.
"Lifetime health advisory level (HAL) "
means an advisory level established by the United States Environmental
				  Protection Agency which represents the concentration of a single contaminant in
				  drinking water which is not expected to cause adverse health effects over
				  lifetime exposure.
"Maximum contaminant level (MCL) "
means a
				  standard for drinking water established by the United States Environmental
				  Protection Agency under the Safe Drinking Water Act which is the maximum
				  permissible level of a contaminant in water which is delivered to any user of a
				  public water supply.
"No further action certificate "
means the
				  same as no further action letter in Iowa Code Supplement section
				  455H301..
				  It is a document issued by the department to the participant certifying no
				  further response action is required at an enrolled site for those conditions
				  classified as no further action except the monitoring or the maintenance of
				  institutional or technological controls when required.
"No further action certification "
means the
				  department has determined an enrolled site has met all standards applicable for
				  the identified hazardous substances and no further response action is required
				  except the monitoring or the maintenance of institutional or technological
				  controls when required.
"Noncancer health risk "
means the potential
				  for adverse systemic or toxic effects caused by exposure to noncarcinogenic
				  hazardous substances expressed as the hazard quotient for a hazardous
				  substance. A hazard quotient is the ratio of the level of exposure of a
				  hazardous substance over a specified time period to a reference dose derived
				  for a similar time period.
"Nonresidential land-use area "
means any
				  area that is not a residential land-use area.
"Participant"
means any person who enrolls
				  property pursuant to this chapter. A participant is a participant only to the
				  extent the participant complies with the requirements of this chapter.
"Point of compliance"
means a location
				  selected within the affected area where the concentration of contaminants of
				  concern must be at or below the target levels established for that
				  point.
"Point of exposure "
means the location at
				  which an individual or population may come in contact with a contaminant of
				  concern from the enrolled site.
"Protected groundwater source "
means a
				  saturated bed, formation, or group of formations which has a hydraulic
				  conductivity of at least 0.44 meters per day (m/d) and a total dissolved solids
				  concentration of less than 2,500 milligrams per liter (mg/1).
"Receptor"
means an individual or population
				  that is or may be affected by a release from the enrolled site.
"Reference dose, "
expressed in units of
				  milligrams per day exposure to the contaminant per kilogram of body weight of
				  the exposed individual, means the amount of contaminant that an individual can
				  ingest on a daily basis for a lifetime that is not likely to result in adverse
				  noncancer health effects. A reference dose is protective of the entire human
				  population, including sensitive subpopulations.
"Release"
means any spilling, leaking,
				  pouring, emitting, emptying, discharging, injecting, escaping, leaching,
				  dumping, or disposing into the environment of a hazardous substance, including
				  the abandonment or discarding of barrels, containers, and other closed
				  receptacles containing any hazardous substance, but excludes all of the
				  following:
1. Any release which
				results in exposure to persons solely within a workplace, with respect to a
				claim which such persons may assert against the employer of such
				persons.
2. Emission from the
				engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline
				pumping station engine.
3. The
				release of source, by-product, or special nuclear material from a nuclear
				incident, as those terms are defined in the federal Atomic Energy Act of 1954,
				if such release is subject to requirements with respect to financial protection
				established by the Nuclear Regulatory Commission under 42 U.S.C. § 2210
				or, for the purposes of 42 U.S.C. § 9604 or any other response action, any
				release of source, by-product, or special nuclear material from any processing
				site designated under 42 U.S.C. § 7912(a)(1) or § 7942(a).
4. The use of pesticides in accordance with
				the product label.
"Residential land-use area "
means an area
				  zoned for residential use or an area where residential use currently exists, is
				  planned, or is not otherwise precluded. In addition, a residential land-use
				  area includes other areas where frequent, long-term, close contact with soils
				  is likely to occur (e.g., playgrounds, sport fields, gardens, child care
				  facilities).
"Response action "
means an action taken to
				  reduce, minimize, eliminate, clean up, control, assess, or monitor a release to
				  protect the public health and safety or the environment. "Response action"
				  includes, but is not limited to, investigation, excavation, removal, disposal,
				  cleaning of groundwaters or surface waters, natural biodegradation,
				  institutional controls, technological controls, or site management
				  practices.
"Risk evaluation/response action document"
means a document based on the site assessment for the enrolled site which
				  includes a risk evaluation, proposed response action, and proposed compliance
				  verification strategy for the enrolled site.
"Site assessment plan "
means the optional
				  plan submitted to the department which lays out the rationale and the steps to
				  be followed in the conduct of a site assessment for the enrolled site.
"Site assessment report"
means the report of
				  the site assessment which defines the nature and extent of contamination,
				  identifies likely exposure pathways, and allows for characterizing potential
				  and current exposure risks posed by the enrolled site.
"Site-specific standard"
means a standard
				  for a specific site which represents a concentration of a contaminant in a
				  media of an affected area at which exposure through a specific pathway is
				  considered unlikely to pose a threat to human health, safety, or the
				  environment given site-specific factors related to contaminant transport and
				  likely exposure.
"Slope factor"
means an upper bound estimate
				  that approximates a 95 percent confidence limit of the increased cancer risk
				  from a lifetime exposure to a contaminant. This estimate is expressed in units
				  of the proportion of a population that is affected per milligram per day
				  exposure to the contaminant per kilogram of body weight of the exposed
				  individual.
"Statewide standard"
means a standard which
				  represents a concentration of a contaminant in a specific media of an affected
				  area at which normal, unrestricted exposure through a specific exposure pathway
				  is considered unlikely to pose a threat to human health, safety, or the
				  environment.
"Surface water"
means general use segments
				  as provided in 567-paragraph 61.3(1)"a" and designated use segments of water
				  bodies as provided in 567-paragraph 61.3(1)
"b "
and
				  567-subrule 61.3(5).
"Target level"
means a concentration of a
				  contaminant of concern required to establish compliance with background,
				  statewide or site-specific standards.
"Target organ"
means the biological organ(s)
				  most adversely affected from exposure to the contaminant of concern. A
				  "reference dose" used to ca1culate noncancer health risk is normally
				  established based on adverse impact to a target organ or organs from exposure
				  to the contaminant of concern.
"Technological control"
means a physical
				  action whose main purpose is to reduce or eliminate exposure to the
				  contaminants of an affected area.