Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter G - DEMONSTRATION OF ATTAINMENT › Section 250.702 - Attainment requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Attainment of a standard shall be demonstrated with adherence to Data Quality
						Objectives (DQO) and Data Quality Assessment (DQA) processes as specified by
						the EPA, as appropriate. Attainment of the Statewide health or site-specific
						standard will apply to the vertical and horizontal extent of soil identified as
						contaminated from the release of a regulated substance above the selected
						standard and of groundwater at the point of compliance and beyond in a site
						characterization. Attainment of the background standard will apply to the
						vertical and horizontal extent of soil and water identified as contaminated
						from the release across the site. Where multiple releases occur on a property
						which produce distinctly separate zones of contamination, the characterization
						and subsequent attainment demonstrations apply individually to the separate
						zones.
(b) Demonstration of
						attainment in a final report shall include the following:
(1) A demonstration that the analysis of the
						data, through the application of statistical tests provided for in §
													250.707 (relating to statistical
						tests), indicates that the standard has been met.
(2) For groundwater, a demonstration of a
						statistical time trend analysis, knowledge of the plume stability or other
						acceptable method that shows contaminant concentration at the point of
						compliance will not exceed the selected standard. A statistical analysis shall
						be applied that indicates continued attainment of the standard.
(3) For the site-specific standard, the
						following apply:
(i) If pathway elimination is
						part of the remediation, it shall be demonstrated on the basis of either an
						engineering or hydrogeologic analysis, or both, which includes fate and
						transport analysis that some or all of the exposure pathways have been
						eliminated.
(ii) If pathway
						elimination is not part of the remediation or it cannot be demonstrated that
						all pathways have been eliminated, it shall be demonstrated that the calculated
						numerical site-specific standards for the remaining pathways have been attained
						in accordance with paragraphs (1) and (2), using the procedures in §
														250.707(c) and
						(d), or that the risk level remaining at a
						site does not exceed a risk level of 1 x 10-4 and a
						hazard index of 1, provided for in the act. If separate phase liquids are
						present, it shall also be demonstrated that calculated site-specific numeric
						standards are attained within the soil and groundwater directly impacted by the
						separate phase liquids when those numeric standards are associated with
						exposure to separate phase liquids.
(4) For the background and Statewide health
						standards, if separate phase liquids are present, attainment at the point of
						compliance shall also be demonstrated within the soil and groundwater directly
						impacted by separate phase liquids.