reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 4 - SITE CLEANUP AND MONITORING › Section 173-340-410 - Compliance monitoring

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
There are three types of compliance monitoring:
				Protection, performance, and confirmation monitoring. The purposes of these
				three types of compliance monitoring and evaluation of the data are to:
(a)
Protection monitoring.
Confirm that human health and the environment are adequately protected during
				construction and the operation and maintenance period of an interim action or
				cleanup action as described in the health and safety plan;
(b)
Performance monitoring.
Confirm that the interim action or cleanup action has attained cleanup
				standards and, if appropriate, remediation levels or other performance
				standards such as construction quality control measurements or monitoring
				necessary to demonstrate compliance with a permit or, where a permit exemption
				applies, the substantive requirements of other laws;
(c)
Confirmation monitoring.
Confirm the long-term effectiveness of the interim action or cleanup action
				once cleanup standards and, if appropriate, remediation levels or other
				performance standards have been attained.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 4 - SITE CLEANUP AND MONITORING › Section 173-340-420 - Periodic review

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
A periodic review consists of a review by the department
				of post-cleanup site conditions and monitoring data to assure that human health
				and the environment are being protected.
(2)
Applicability.
The
				department shall conduct periodic reviews of a site whenever the department
				conducts a cleanup action; whenever the department approves a cleanup action
				under an order, agreed order or consent decree; or, as resources permit,
				whenever the department issues a no further action opinion; and one of the
				following conditions exists, at the site:
(a)
				Where an institutional control and/or financial assurance is required as part
				of the cleanup action;
(b) Where
				the cleanup level is based on a practical quantitation limit as provided for
				under WAC
				173-340-707; and
(c) Where, in the department's judgment,
				modifications to the default equations or assumptions using site-specific
				information would significantly increase the concentration of hazardous
				substances remaining at the site after cleanup or the uncertainty in the
				ecological evaluation or the reliability of the cleanup action is such that
				additional review is necessary to assure long-term protection of human health
				and the environment.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 4 - SITE CLEANUP AND MONITORING › Section 173-340-430 - Interim actions

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
An interim action is distinguished from a cleanup action
				in that an interim action only partially addresses the cleanup of a site.
				(Note: An interim action may constitute the cleanup action for a site if the
				interim action is subsequently shown to comply with WAC
				173-340-350 through
				173-340-390.) An interim action
				is:
(a) A remedial action that is technically
				necessary to reduce a threat to human health or the environment by eliminating
				or substantially reducing one or more pathways for exposure to a hazardous
				substance at a facility;
(b) A
				remedial action that corrects a problem that may become substantially worse or
				cost substantially more to address if the remedial action is delayed;
				or
(c) A remedial action needed to
				provide for completion of a site hazard assessment, remedial
				investigation/feasibility study or design of a cleanup action.
Example. A site is identified where oil-based wood
				  preservative has leaked from a tank and is puddled on the ground and is
				  floating on the water table. Runoff from adjacent properties passes through the
				  site. Neighborhood children have been seen on the site. In this case, several
				  interim actions would be appropriate before fully defining the extent of the
				  distribution of hazardous substances at the site and selecting a cleanup
				  action. These interim actions might consist of removing the tank, fencing the
				  site, rerouting runoff, and removing the product puddled on the ground and
				  floating on the water table. Further studies would then determine what
				  additional soil and groundwater cleanup would be needed.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 4 - SITE CLEANUP AND MONITORING › Section 173-340-440 - Institutional controls

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Institutional controls are measures undertaken to limit
				or prohibit activities that may interfere with the integrity of an interim
				action or cleanup action or that may result in exposure to hazardous substances
				at a site. Institutional controls may include:
(a) Physical measures such as
				fences;
(b) Use restrictions such
				as limitations on the use of property or resources; or requirements that
				cleanup action occur if existing structures or pavement are disturbed or
				removed;
(c) Maintenance
				requirements for engineered controls such as the inspection and repair of
				monitoring wells, treatment systems, caps or groundwater barrier
				systems;
(d) Educational programs
				such as signs, postings, public notices, health advisories, mailings, and
				similar measures that educate the public and/or employees about site
				contamination and ways to limit exposure; and
(e) Financial assurances (see subsection (11)
				of this section).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 4 - SITE CLEANUP AND MONITORING › Section 173-340-450 - Releases from regulated underground storage tank systems

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a)
Releases.
This section applies only to underground storage tank
				(UST) systems regulated under chapter 173-360A WAC from which there has been a
				confirmed release of a regulated substance that may pose a threat to human
				health or the environment. Under chapter 173-360A WAC, UST system owners and
				operators and regulated service providers must report such a release to ecology
				within 24 hours.
(b)
Persons.
This section applies only to UST system owners and
				operators. UST system owners and operators must comply with the requirements in
				this section in addition to the other requirements in this chapter.
(c)
Other requirements.
This
				section does not alter the applicability of requirements in other sections in
				this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-500 - Determination of status as a potentially liable person

Current through Register Vol. 24-14, July 15, 2024
(1)
Status
				letter.
The department shall issue a potentially liable person status
				letter to any person it believes to be potentially liable as provided for in
				RCW
				   70A.305.020(26), unless an
				emergency requires otherwise. Persons will be notified when the department has
				credible evidence of their potential liability under
				RCW
				   70A.305.040 and when the department is ready
				to proceed with remedial action except for emergencies and initial
				investigations. The status letter shall be sent by certified mail, return
				receipt requested, or by personal service.
(2)
Contents of letter.
The
				status letter shall provide:
(a) The name of
				the person the department believes to be potentially liable;
(b) A general description of the location of
				the facility;
(c) The basis for the
				department's belief that the person has a relationship to the
				facility;
(d) The basis for the
				department's belief that a release or threatened release of a hazardous
				substance has occurred at the facility and that the release or threatened
				release poses a threat to human health or the environment;
(e) An indication of the department's
				intentions regarding enforcement or other actions at the facility;
				and
(f) The names of other persons
				to whom the department has sent a status letter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-510 - Administrative options for remedial actions

Current through Register Vol. 24-14, July 15, 2024
At sites where ecology has determined remedial action is
				  necessary under the state cleanup law, it is the responsibility of each and
				  every liable person to conduct remedial action so that the sites are cleaned up
				  well and expeditiously. This section provides an overview of the administrative
				  options for remedial action and the process for initiating remedial action. If
				  there are any inconsistencies between this section and any specifically
				  referenced sections, the referenced section governs.
(1)
Independent remedial action.
A person may investigate or clean up a site independently, without ecology
				supervision or approval, except as provided under WAC
				173-340-515(2).
(a)
Standards.
When reviewing an
				independent remedial action, ecology determines whether it complies with the
				substantive requirements of the state cleanup law. Persons conducting an
				independent remedial action do so at their own risk. Ecology may require
				additional remedial action if it determines that such action is necessary under
				the state cleanup law. See WAC
				173-340-515(3).
(b)
Reports.
Persons conducting
				independent remedial action must report all investigations, interim actions,
				and cleanup actions to ecology. Reports must include sufficient information for
				ecology to determine whether the remedial action meets the substantive
				requirements of the state cleanup law. See WAC
				173-340-515(4).
(c)
Technical assistance.
Persons planning or conducting independent remedial action may request
				technical assistance from ecology, including advice on how to investigate and
				clean up a site and written opinions on whether a planned or completed remedial
				action meets the substantive requirements of the state cleanup law. Ecology may
				charge a fee for providing requested technical assistance. PLIA may also
				provide technical assistance for certain sites under
				RCW
				   70A.330.040(7) and chapter
				374-80 WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-515 - Independent remedial actions

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
An independent remedial action is a remedial action
				conducted without department oversight or approval and not under an order,
				agreed order or consent decree. This section describes the procedures and
				requirements for independent remedial actions. See WAC
				173-340-545 for additional
				requirements pertaining to independent remedial actions anticipated to be part
				of a private right of action.
(2)
Applicability.
Nothing in this chapter shall preclude potentially
				liable persons from conducting independent remedial actions at sites not in
				discussions or negotiations for, or under, an order or decree. However, a
				potentially liable person may not conduct independent remedial actions after
				commencing discussions or negotiations for an agreed order or consent decree
				unless:
(a) Such action does not foreclose or
				preempt the remedial actions under discussion or negotiation and such action
				does not foreclose the selection of a cleanup action; or
(b) The potentially liable person has
				provided reasonable notice to the department and the department does not object
				to such action.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-520 - Consent decrees

Current through Register Vol. 24-14, July 15, 2024
(1)
Procedures
				for consent decrees initiated by potentially liable persons.
To request
				a consent decree a person shall submit a letter to the department and office of
				the attorney general via certified mail, return receipt requested, or by
				personal delivery.
(a) Request. The letter
				shall describe, based on available information:
(i) The proposed remedial action, including
				the schedule for the work;
(ii)
				Information which demonstrates that the settlement will lead to a more
				expeditious cleanup, be consistent with cleanup standards if the remedial
				action is a cleanup action, and be consistent with any previous
				orders;
(iii) The facility,
				including location and boundaries;
(iv) The environmental problems to be
				addressed including a description of the releases at the facility and the
				potential impact of those releases to human health and the
				environment;
(v) A summary of the
				relevant historical use or conditions at the facility;
(vi) The date on which the potentially liable
				person will be ready to submit a detailed proposal;
(vii) Any special scheduling considerations
				for implementing the remedial actions;
(viii) Names of other persons who the person
				has reason to believe may be potentially liable persons at the facility;
				and
(ix) A proposed public
				participation plan. This proposed plan shall be commensurate with the nature of
				the proposal and site and shall include the elements listed in WAC
				173-340-600(8).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-530 - Agreed orders

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Agreed orders may be used for all remedial actions. An
				agreed order means that the potentially liable person agrees to perform
				remedial actions at the site in accordance with the provisions of the agreed
				order and that the department will not take additional enforcement action
				against the potentially liable person to require those remedial actions
				specified in the agreed order so long as the potentially liable person complies
				with the provisions of the order. Since an agreed order is not a settlement, an
				agreed order shall not provide for mixed funding, a covenant not to sue, or
				protection from claims for contribution. The department may require additional
				remedial actions should it deem such actions necessary.
(2)
Procedures for agreed orders
				initiated by a potentially liable person.
(a) To request an agreed order, a person
				shall submit a letter to the department based on available information,
				describing:
(i) The proposed remedial action
				including a schedule for the work;
(ii) The facility, including location and
				boundaries;
(iii) The environmental
				problems to be addressed, including the releases at the facility and the
				potential impact of those releases to human health and the
				environment;
(iv) A summary of the
				relevant historical use or conditions at the facility;
(v) Names of other persons whom the person
				has reason to believe may be potentially liable persons at the facility;
				and
(vi) A proposed public
				participation plan. This proposed plan shall be commensurate with the nature of
				the proposal and site and shall include, at a minimum, the elements listed in
				WAC 173-340-600(8).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-540 - Enforcement orders

Current through Register Vol. 24-14, July 15, 2024
The department may issue an enforcement order requiring
				  remedial action after issuing a notice of potentially liable person status
				  letter under WAC
				  173-340-500. In emergencies, the
				  notice of potentially liable person status may occur concurrently with the
				  issuance of the order. Unless an emergency requires otherwise, the issuance of
				  a potentially liable person status letter shall precede or take place
				  concurrently with the issuance of an enforcement order. Furthermore, except in
				  an emergency, the department shall issue its determination under WAC
				  173-340-500(4) before an enforcement order can become effective. Failure to comply with an
				  enforcement order may result in substantial liability for costs and penalties
				  as specified in
				  RCW
				     70A.305.050.
Statutory Authority:
					 Chapter
					 70.105D RCW. 90-08-086,
					 § 173-340-540, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 5 - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS › Section 173-340-560 - Mixed funding

Current through Register Vol. 24-14, July 15, 2024
(1)
Introduction.
Under
				RCW
				   70A.305.190(4)(a)(v), the
				department may provide public funds from the model toxics control capital
				account to a potentially liable person for the purpose of assisting with the
				payment of remedial action costs regardless of when incurred. This assistance
				can be provided in the form of a loan or a contribution, in cash or in kind.
				Any funding decision under this section is solely the responsibility of the
				director.
(2)
Applicability
				and request.
(a) Mixed funding shall be
				provided only to potentially liable persons whom the department has found to be
				eligible and who have entered into a consent decree with the department under
				the requirements of this chapter.
(b) The consent decree shall identify
				remedial action tasks to be addressed by the mixed funding, costs to be borne
				by the potentially liable person, costs to be borne by the model toxics control
				capital account and terms of the agreement. In the case of loans, the consent
				decree shall also define any terms and conditions under which the potentially
				liable person receiving mixed funding has agreed to reimburse the model toxics
				control capital account.
(c) The
				potentially liable person shall submit sufficient documentation to support its
				request for mixed funding.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 6 - PUBLIC PARTICIPATION AND TRIBAL ENGAGEMENT › Section 173-340-600 - Public notification and participation

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Public participation is an integral part of ecology's
				responsibilities under chapter 70A.305 RCW, the Model Toxics Control Act.
				Ecology's goal is to provide the public with timely information and meaningful
				opportunities for participation that are commensurate with each site. Ecology
				will meet this goal through a public participation program that includes:
(a) Site-specific information on ecology's
				website;
(b) A
Contaminated
				Site Register
and, if requested, site-specific electronic alerts of
				changes to site information; and
(c) For ecology-conducted and
				ecology-supervised remedial actions, early planning and development of
				site-specific public participation plans, public notice of proposed actions,
				and public meetings or hearings.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 6 - PUBLIC PARTICIPATION AND TRIBAL ENGAGEMENT › Section 173-340-610

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-610, filed 2/12/01, effective 8/15/01;
					 90-08-086, § 173-340-610, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 6 - PUBLIC PARTICIPATION AND TRIBAL ENGAGEMENT › Section 173-340-620 - Tribal engagement

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Tribal engagement is an integral part of ecology's
				responsibilities under chapter 70A.305 RCW, the Model Toxics Control Act.
				Ecology's goal is to provide Indian tribes with timely information, effective
				communication, continuous opportunities for collaboration and, when necessary,
				government-to-government consultation, as appropriate for each site.
(2)
Applicability.
This section
				applies to ecology-conducted and ecology-supervised remedial actions affecting
				Indian tribes' rights or interests.
(3)
Tribal engagement plan.
(a) Ecology will develop a site tribal
				engagement plan that identifies Indian tribes that may be adversely affected by
				the site, opportunities for government-to-government collaboration and
				consultation, and protocols for communication.
(b) Ecology will seek to initiate meaningful
				engagement with affected Indian tribes before initiating a remedial
				investigation or an interim action at a site. Ecology will maintain meaningful
				engagement with Indian tribes throughout the cleanup process.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-700 - Overview of cleanup standards

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section provides an overview of the methods for
				establishing cleanup standards that apply to a release or threatened release of
				a hazardous substance at a site. If there are any inconsistencies between this
				section and any specifically referenced section, the referenced section shall
				govern.
(2)
Explanation of
				term "cleanup level."
A cleanup level is the concentration of a
				hazardous substance in soil, water, air or sediment that is determined to be
				protective of human health and the environment under specified exposure
				conditions. Cleanup levels, in combination with points of compliance, typically
				define the area or volume of soil, water, air or sediment at a site that must
				be addressed by the cleanup action.
(3)
Explanation of term "cleanup
				standards."
Cleanup standards consist of the following:
(a) Cleanup levels for hazardous substances
				present at the site;
(b) The
				location where these cleanup levels must be met (point of compliance);
				and
(c) Other regulatory
				requirements that apply to the site because of the type of action and/or
				location of the site ("applicable state and federal laws").
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-703 - Selection of indicator hazardous substances

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
When defining
				cleanup requirements at a site that is contaminated with a large number of
				hazardous substances, the department may eliminate from consideration those
				hazardous substances that contribute a small percentage of the overall threat
				to human health and the environment. The remaining hazardous substances shall
				serve as indicator hazardous substances for purposes of defining site cleanup
				requirements.
(2)
Approach.
If the department considers this approach appropriate
				for a particular site, the factors evaluated when eliminating individual
				hazardous substances from further consideration shall include:
(a) The toxicological characteristics of the
				hazardous substance that influence its ability to adversely affect human health
				or the environment relative to the concentration of the hazardous substance at
				the site, including consideration of essential nutrient requirements;
(b) The chemical and physical characteristics
				of the hazardous substance which govern its tendency to persist in the
				environment;
(c) The chemical and
				physical characteristics of the hazardous substance which govern its tendency
				to move into and through environmental media;
(d) The natural background concentrations of
				the hazardous substance;
(e) The
				thoroughness of testing for the hazardous substance at the site;
(f) The frequency that the hazardous
				substance has been detected at the site; and
(g) Degradation by-products of the hazardous
				substance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-704 - Use of Method A

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
Method A may be used to establish cleanup levels at
				sites that have few hazardous substances and that meet one of the following
				criteria:
(a) Sites undergoing a routine
				cleanup action as defined in WAC
				173-340-200; or
(b) Sites where numerical standards are
				available in this chapter or applicable state and federal laws for all
				indicator hazardous substances in the media for which the Method A cleanup
				level is being used.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-705 - Use of Method B

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
Method B is applicable to all sites. It shall be
				used to develop cleanup levels unless one or more of the conditions for using
				Method A or Method C are demonstrated to exist and the person conducting the
				cleanup action elects to use that method.
(2)
Cleanup levels.
Method B
				consists of two approaches, standard and modified. Standard Method B uses
				default formulas, assumptions, and procedures to develop cleanup levels. Under
				modified Method B chemical-specific or site-specific information may be used to
				change certain assumptions to calculate different cleanup levels. When the term
				"Method B" is used in this chapter, it means both standard and modified Method
				B. Method B cleanup levels shall be established in accordance with the
				procedures in WAC
				173-340-720 through
				173-340-760. Method B cleanup
				levels shall be at least as stringent as all of the following:
(a) Concentrations of individual hazardous
				substances established under applicable state and federal laws;
(b) Concentrations that are estimated to
				result in no adverse effects on the protection and propagation of aquatic life,
				and no significant adverse effects on terrestrial ecological receptors using
				the procedures specified in WAC
				173-340-7490 through
				173-340-7494;
(c) For hazardous substances for which
				sufficiently protective, health-based criteria or standards have not been
				established under applicable state and federal laws, those concentrations which
				protect human health as determined by the following methods:
(i) Concentrations that are estimated to
				result in no acute or chronic toxic effects on human health as determined using
				a hazard quotient of one (1) and the procedures specified in WAC
				173-340-720 through
				173-340-760;
(ii) For known or suspected carcinogens,
				concentrations for which the upper bound on the estimated excess cancer risk is
				less than or equal to one in one million (1 x 10-6)
				as determined using the procedures specified in WAC
				173-340-720 through
				173-340-760; and
(iii) Concentrations that eliminate or
				minimize the potential for food chain contamination as necessary to protect
				human health.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-706 - Use of Method C

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
Method C cleanup levels represent concentrations
				that are protective of human health and the environment for specified site uses
				and conditions. A site (or portion of a site) that qualifies for a Method C
				cleanup level for one medium does not necessarily qualify for a Method C
				cleanup level in other media. Each medium must be evaluated separately using
				the criteria applicable to that medium. Method C cleanup levels may be used in
				the following situations:
(a) For surface
				water, groundwater and air, Method C cleanup levels may be established where
				the person conducting the cleanup action can demonstrate that such levels
				comply with applicable state and federal laws, that all practicable methods of
				treatment are used, that institutional controls are implemented in accordance
				with WAC 173-340-440, and that one or more
				of the following conditions exist:
(i) Where
				Method A or B cleanup levels are below area background concentrations, Method C
				cleanup levels may be established at concentrations that are equal to area
				background concentrations, but in no case greater than concentrations specified
				in subsection (2) of this section;
(ii) Where attainment of Method A or B
				cleanup levels has the potential for creating a significantly greater overall
				threat to human health or the environment than attainment of Method C cleanup
				levels established under this chapter, Method C cleanup levels may be
				established at concentrations that minimize those overall threats, but in no
				case greater than concentrations specified in subsection (2) of this section.
				Factors that shall be considered in making this determination include:
(A) Results of a site-specific risk
				assessment;
(B) Duration of
				threats;
(C) Reversibility of
				threats;
(D) Magnitude of threats;
				and
(E) Nature of affected
				population.
(iii) Where
				Method A or B cleanup levels are below technically possible concentrations,
				Method C cleanup levels may be established at the technically possible
				concentrations, but in no case greater than levels specified in subsection (2)
				of this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-707 - Analytical considerations

Current through Register Vol. 24-14, July 15, 2024
(1)
				Analytical methods used to evaluate the effectiveness of a cleanup action shall
				comply with the requirements in WAC
				173-340-830.
(2) The department recognizes that there may
				be situations where a hazardous substance is not detected or is detected at a
				concentration below the practical quantitation limit utilizing sampling and
				analytical procedures which comply with the requirements of WAC
				173-340-830. If those situations
				arise and the practical quantitation limit is higher than the cleanup level for
				that substance, the cleanup level shall be considered to have been attained,
				subject to subsection (4) of this section, only when the more stringent of the
				following conditions are met:
(a) The
				practical quantitation limit is no greater than ten times the method detection
				limit; or
(b) The practical
				quantitation limit for the particular hazardous substance, medium, and
				analytical procedure is no greater than the practical quantitation limit
				established by the United States Environmental Protection Agency and used to
				establish requirements in  40 C.F.R. 136, 40 C.F.R. 141 through143, or 40  C
				.F.R. 260 through 270.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-709 - Methods for defining background concentrations

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Sampling of
				hazardous substances in background areas may be conducted to distinguish
				site-related concentration from nonsite related concentrations of hazardous
				substances or to support the development of a Method C cleanup level under the
				provisions of WAC
				173-340-706. For purposes of this
				chapter, two types of background may be determined, natural background and area
				background concentrations, as defined in WAC
				173-340-200.
(2)
Background concentrations.
For purposes of defining background concentrations, samples shall be collected
				from areas that have the same basic characteristics as the medium of concern at
				the site, have not been influenced by releases from the site and, in the case
				of natural background concentrations, have not been influenced by releases from
				other localized human activities.
(3)
Statistical analysis.
(a) The statistical methods used to evaluate
				data sets shall be appropriate for the distribution of each hazardous
				substance. More than one statistical method may be required at a
				site.
(b) Background sampling data
				shall be assumed to be lognormally distributed unless it can be demonstrated
				that another distribution is more appropriate.
(c) For lognormally distributed data sets,
				background shall be defined as the true upper 90th percentile or four times the
				true 50th percentile, whichever is lower.
(d) For normally distributed data sets,
				background shall be defined as the true upper 80th percentile or four times the
				true 50th percentile, whichever is lower.
(e) Other statistical methods may be used if
				approved by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-720 - Groundwater cleanup standards

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				considerations.
(a) Groundwater cleanup
				levels shall be based on estimates of the highest beneficial use and the
				reasonable maximum exposure expected to occur under both current and potential
				future site use conditions. The department has determined that at most sites
				use of groundwater as a source of drinking water is the beneficial use
				requiring the highest quality of groundwater and that exposure to hazardous
				substances through ingestion of drinking water and other domestic uses
				represents the reasonable maximum exposure. Unless a site qualifies under
				subsection (2) of this section for a different groundwater beneficial use,
				groundwater cleanup levels shall be established using this presumed exposure
				scenario and be established in accordance with subsection (3), (4) or (5) of
				this section. If the site qualifies for a different groundwater beneficial use,
				groundwater cleanup levels shall be established under subsection (6) of this
				section.
(b) In the event of a
				release of a hazardous substance at a site, a cleanup action complying with
				this chapter shall be conducted to address all areas where the concentration of
				the hazardous substance in groundwater exceeds cleanup levels.
(c) Groundwater cleanup levels shall be
				established at concentrations that do not directly or indirectly cause
				violations of surface water, sediments, soil, or air cleanup standards
				established under this chapter or other applicable state and federal laws. A
				site that qualifies for a Method C groundwater cleanup level under this section
				does not necessarily qualify for a Method C cleanup level in other media. Each
				medium must be evaluated separately using the criteria applicable to that
				medium.
(d) The department may
				require more stringent cleanup levels than specified in this section where
				necessary to protect other beneficial uses or otherwise protect human health
				and the environment. Any imposition of more stringent requirements under this
				provision shall comply with WAC
				173-340-702 and
				173-340-708. The following are
				examples of situations that may require more stringent cleanup levels:
(i) Concentrations that are necessary to
				protect sensitive subgroups;
(ii)
				Concentrations that eliminate or minimize the potential for food chain
				contamination;
(iii) Concentrations
				that eliminate or minimize the potential for damage to soils or biota in the
				soils which could impair the use of the soil for agricultural or silvicultural
				purposes;
(iv) Concentrations that
				eliminate or minimize the potential for the accumulation of vapors in buildings
				or other structures to concentrations which pose a threat to human health or
				the environment; and
(v)
				Concentrations that protect nearby surface waters.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-730 - Surface water cleanup standards

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				considerations.
(a) Surface water
				cleanup levels shall be based on estimates of the highest beneficial use and
				the reasonable maximum exposure expected to occur under both current and
				potential future site use conditions. The classification and the highest
				beneficial use of a surface water body, determined in accordance with chapter
				173-201A WAC, shall be used to establish the reasonable maximum exposure for
				that water body. Surface water cleanup levels shall use this presumed exposure
				scenario and shall be established in accordance with this section.
(b) In the event of a release of a hazardous
				substance to surface water from a site, a cleanup action that complies with
				this chapter shall be conducted to address all areas of the site where the
				concentration of the hazardous substances in the surface water exceeds cleanup
				levels.
(c) Surface water cleanup
				levels established under this section apply to those surface waters of the
				state affected or potentially affected by releases of hazardous substances from
				sites addressed under this chapter. The department does not expect that cleanup
				standards will be applied to stormwater runoff that is in the process of being
				conveyed to a treatment system.
(d)
				Surface water cleanup levels shall be established at concentrations that do not
				directly or indirectly cause violations of groundwater, soil, sediment, or air
				cleanup standards established under this chapter or other applicable state and
				federal laws. A site that qualifies for a Method C surface water cleanup level
				under this section does not necessarily qualify for a Method C cleanup level in
				other media. Each medium must be evaluated separately using the criteria
				applicable to that medium.
(e) The
				department may require more stringent cleanup levels than specified in this
				section where necessary to protect other beneficial uses or otherwise protect
				human health and the environment. Any imposition of more stringent requirements
				under this provision shall comply with WAC
				173-340-702 and
				173-340-708.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-740 - Unrestricted land use soil cleanup standards

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				considerations.
(a) Presumed exposure
				scenario soil cleanup levels shall be based on estimates of the reasonable
				maximum exposure expected to occur under both current and future site use
				conditions. The department has determined that residential land use is
				generally the site use requiring the most protective cleanup levels and that
				exposure to hazardous substances under residential land use conditions
				represents the reasonable maximum exposure scenario. Unless a site qualifies
				for use of an industrial soil cleanup level under WAC
				173-340-745, soil cleanup levels
				shall use this presumed exposure scenario and be established in accordance with
				this section.
(b) In the event of a
				release of a hazardous substance to the soil at a site, a cleanup action
				complying with this chapter shall be conducted to address all areas where the
				concentration of hazardous substances in the soil exceeds cleanup levels at the
				relevant point of compliance.
(c)
				The department may require more stringent soil cleanup standards than required
				by this section where, based on a site-specific evaluation, the department
				determines that this is necessary to protect human health and the environment.
				Any imposition of more stringent requirements under this provision shall comply
				with WAC 173-340-702 and
				173-340-708. The following are
				examples of situations that may require more stringent cleanup levels.
(i) Concentrations that eliminate or
				substantially reduce the potential for food chain contamination;
(ii) Concentrations that eliminate or
				substantially reduce the potential for damage to soils or biota in the soils
				which could impair the use of soils for agricultural or silvicultural
				purposes;
(iii) Concentrations
				necessary to address the potential health risk posed by dust at a
				site;
(iv) Concentrations necessary
				to protect the groundwater at a particular site;
(v) Concentrations necessary to protect
				nearby surface waters from hazardous substances in runoff from the site;
				and
(vi) Concentrations that
				eliminate or minimize the potential for the accumulation of vapors in buildings
				or other structures.
(d)
				Relationship between soil cleanup levels and other cleanup standards. Soil
				cleanup levels shall be established at concentrations that do not directly or
				indirectly cause violations of groundwater, surface water, sediment, or air
				cleanup standards established under this chapter or applicable state and
				federal laws. A property that qualifies for a Method C soil cleanup level under
				WAC 173-340-745 does not necessarily
				qualify for a Method C cleanup level in other media. Each medium must be
				evaluated separately using the criteria applicable to that
				medium.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-747 - Deriving soil concentrations for groundwater protection

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of this section is to establish soil
				concentrations that will not cause contamination of groundwater at levels that
				exceed the groundwater cleanup levels established under WAC
				173-340-720. Soil concentrations
				established under this section are used to establish either Method B soil
				cleanup levels (see WAC
				173-340-740(3)(b)(iii)(A))
				or Method C soil cleanup levels (see WAC
				173-340-745(5)(b)(iii)(A))
				.
For the purposes of this section, "soil concentration" means
				  the concentration in the soil that will not cause an exceedance of the
				  groundwater cleanup level established under WAC
				  173-340-720.
(2)
General requirements.
The
				soil concentration established under this section for each hazardous substance
				shall meet the following two criteria:
(a) The
				soil concentration shall not cause an exceedance of the groundwater cleanup
				level established under WAC
				173-340-720. To determine if this
				criterion is met, one of the methodologies specified in subsections (4) through
				(9) of this section shall be used; and
(b) To ensure that the criterion in (a) of
				this subsection is met, the soil concentration shall not result in the
				accumulation of nonaqueous phase liquid on or in groundwater. To determine if
				this criterion is met, one of the methodologies specified in subsection (10) of
				this section shall be used.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-7490 - Terrestrial ecological evaluation procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
(a) WAC
				173-340-7490 through
				173-340-7494 define the goals and
				procedures the department will use for:
(i)
				Determining whether a release of hazardous substances to soil may pose a threat
				to the terrestrial environment;
(ii) Characterizing threats to terrestrial
				plants or animals exposed to hazardous substances in soil; and
(iii) Establishing site-specific cleanup
				standards for the protection of terrestrial plants and
				animals.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-7492 - Simplified terrestrial ecological evaluation procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
(a) The simplified terrestrial ecological
				evaluation process is intended to identify those sites which do not have a
				substantial potential for posing a threat of significant adverse effects to
				terrestrial ecological receptors, and thus may be removed from further
				ecological consideration during the remedial investigation and cleanup process.
				For remaining sites, the process provides several options, including chemical
				concentrations that may be used as cleanup levels, and the choice of developing
				site-specific concentrations using bioassays or conducting a site-specific
				terrestrial ecological evaluation under WAC
				173-340-7493.
(b) The process is structured with an intent
				to protect terrestrial wildlife at industrial or commercial sites, and
				terrestrial plants, soil biota and terrestrial wildlife at other sites, as
				provided under WAC
				173-340-7490(3)(b).
(c) The simplified terrestrial ecological
				evaluation procedures in subsection (2) of this section are organized to focus
				upon the extent of exposure, exposure pathways, and particular contaminants as
				key factors in evaluating ecological risk. The steps need not be followed in
				order, and any one step may be used to determine that no further evaluation is
				necessary to conclude that a site does not pose a substantial threat of
				significant adverse effects to terrestrial ecological receptors.
(d) If none of the simplified terrestrial
				ecological evaluation screening step conditions are met, the person conducting
				the evaluation may use the chemical concentration numbers listed in Table 749-2
				as cleanup levels, or shall conduct a site-specific terrestrial ecological
				evaluation under WAC
				173-340-7493.