North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0100 - GENERAL CONSIDERATIONS › Section 02S .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definition of any word or phrase used in this
					 Subchapter shall be the same as given in
					 G.S.
					 143-215.104B and the following words and
					 phrases shall have the following meanings:
(1) "Act" means the Dry-Cleaning Solvent
				  Cleanup Act of 1997.
(2) "Apparel
				  and household fabrics" means apparel and fabrics that have been purchased at
				  retail or have been purchased at wholesale for rental at retail.
(3) "Business" means "business" as defined in
				  G.S.
				  59-102.
(4) "Chemicals of concern" means the specific
				  compounds and their breakdown products that are identified for evaluation in
				  the risk-based corrective action process. Identification may 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.
(5) "Closed container
				  solvent transfer system" means a device or system designed to fill a
				  dry-cleaning machine with dry-cleaning solvent through a mechanical valve or
				  sealed coupling in order to prevent spills or other loss of solvent liquids or
				  vapors to the environment.
(6)
				  "Complete exposure pathway" means an exposure pathway where a chemical of
				  concern has reached a receptor.
(7)
				  "Contaminated site" or "site" means the area defined by the current and future
				  location of the chemicals of concern from a facility or abandoned site. A
				  contaminated site may be an entire property or facility, a defined area or
				  portion of a facility or property, or multiple facilities or
				  properties.
(8) "Discovery Site"
				  means the physical site or area where dry-cleaning solvent contamination has
				  been discovered. A discovery site may or may not be the same property as the
				  facility site.
(9) "Division" means
				  the Division of Waste Management of the Department of Environmental
				  Quality.
(10) "Dry-Cleaning
				  Business" means a business having engaged in dry-cleaning operations or the
				  operation of a wholesale distribution facility at a facility site.
(11) "Environmental media" means soil,
				  sediment, surface water, groundwater, air, or other physical
				  substance.
(12) "Engineering
				  controls" means physical modifications to a site to reduce or eliminate the
				  potential for exposure to chemicals of concern.
(13) "Exposure pathway" means the course that
				  a chemical of concern takes or may take from a source area to a receptor. Each
				  exposure pathway includes a source or release from a source of a chemical of
				  concern, a point of exposure, an exposure route, and the receptor.
(14) "Facility site" means the physical
				  location of a dry-cleaning facility, a wholesale distribution facility, or an
				  abandoned site.
(15) "Hazard Index"
				  means the sum of two or more hazard quotients for chemicals of concern or
				  multiple exposure pathways to a particular receptor.
(16) "Hazard quotient" means the ratio of
				  level of exposure of a chemical of concern over a specified time period to a
				  reference dose for that chemical of concern derived for a similar exposure
				  period.
(17) "Individual excess
				  lifetime cancer risk" means the increase over background in an individual's
				  probability of getting cancer over a lifetime due to exposure to a
				  chemical.
(18) "Institutional
				  controls" means nonengineered measures, including land-use restrictions, used
				  to prevent unsafe exposure to contamination.
(19) "Material impervious to dry-cleaning
				  solvent" means a material that has been certified by the manufacturer or an
				  independent testing laboratory to maintain its chemical and structural
				  integrity in the presence of the applicable dry-cleaning solvent and prevent
				  the movement of dry-cleaning solvent for a period of a least 72
				  hours.
(20) "Monitored natural
				  attenuation" means an approach to the reduction in the concentration of
				  chemicals of concern in environmental media due to naturally occurring
				  physical, chemical, and biological processes.
(21) "Non-residential land use" means a use
				  that is not a residential land use.
(22) "Number of full time employees" means
				  the number of full-time equivalent employees employed by a person who owns a
				  dry-cleaning facility, as calculated pursuant to
				  15A NCAC
				  02S .0103.
(23) "Person" means "person" as defined in
				  G.S.
				  143-215.77(13).
(24) "Petitioner" means a potentially
				  responsible party who submits a petition for certification of a facility
				  site.
(25) "Point of demonstration"
				  means the location selected between the source area and a point of exposure
				  where levels of chemicals of concern are measured to ensure that site-specific
				  target levels are being met.
(26)
				  "Point of exposure" means the location at which an individual or population may
				  come in contact with a chemical of concern originating from a site.
(27) "Receptor" means any human, plant, or
				  animal that is, or has the potential to be, adversely affected by the release
				  or migration of chemicals of concern.
(28) "Reference dose" means a toxicity value
				  for evaluating potential non-carcinogenic effects in humans resulting from
				  exposure to a chemical of concern.
(29) "Remedial action plan" means a plan that
				  outlines activities to be undertaken to clean up a contaminated site and to
				  reduce or eliminate current or potential exposures to receptors.
(30) "Representative concentrations" means a
				  typical or average concentration to which the receptor is exposed over the
				  specified exposure duration, within a specified geographical area, and for a
				  specific route of exposure.
(31)
				  "Residential land use" means use for human habitation, including dwellings such
				  as single family houses and multi-family apartments, children's homes, nursing
				  homes, and residential portions of government-owned lands (local, State or
				  federal). Because of the similarity of exposure potential and the sensitive
				  nature of the potentially exposed human population, use for day care
				  facilities, educational facilities, hospitals, and parks (local, State or
				  federal) shall be considered residential land use for the purpose of land use
				  classification.
(32) "Risk-based
				  screening level" means chemical-specific, risk-based values for chemicals of
				  concern that are protective of human health. The risk-based screening levels
				  shall be as follows:
(a) For known or
				  suspected carcinogens, except for those chemicals of concern that have
				  groundwater standards or interim standards established in
				  15A NCAC
				  02L, risk-based screening levels shall be
				  established for each chemical of concern at exposures that represent an
				  individual excess lifetime cancer risk of one in 1,000,000.
(b) For systemic toxicants, except for those
				  chemicals of concern that have groundwater standards or interim standards
				  established in
				  15A NCAC
				  02L, risk-based screening levels shall be
				  established using a hazard quotient for each chemical of concern of
				  0.2.
(c) For chemicals of concern
				  in groundwater that have
				  15A NCAC
				  02L standards, the risk-based screening level
				  shall be the standards and interim standards established in
				  15A NCAC
				  02L.