West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-8 - Risk Protocol

Current through Register Vol. XLI, No. 28, July 12, 2024
This section establishes a risk protocol for conducting human
				  health and ecological risk assessments. It describes general requirements for
				  risk assessments and specific requirements for baseline human health and
				  ecological risk assessments, residual risk assessments, and application of
				  probabilistic risk assessment methods.
8.1. General Requirements for Risk
				Assessments. - Risk assessments shall consider existing and reasonably
				anticipated future human exposures and significant adverse effects to
				ecological receptors of concern in accordance with this rule.
8.1.a. Risk assessments may be conducted
				using either deterministic (single point value) or probabilistic risk
				assessment methodologies as agreed to in the Voluntary Remediation
				Agreement.
8.1.b. Risk assessments,
				to the extent practicable, shall consider the range of probabilities of
				carcinogenic risks potentially occurring, the nature and magnitude of potential
				non-carcinogenic health hazards, the range of size of populations likely to be
				exposed, current and reasonably anticipated future land and water uses, and
				quantitative and/or qualitative descriptions of uncertainties in accordance
				with subsections 8.1 and 8.2 of this rule.
8.1.c. Appropriate sources of toxicity
				information include the following:
8.1.c.1.
				For human health risk assessments, in order of preference:
8.1.c.1.A. U.S. EPA Integrated Risk
				Information System (IRIS);
8.1.c.1.B. U.S. EPA Superfund Health Risk
				Technical Support Center (SHRTSC) provisional peer reviewed toxicity criteria;
				and
8.1.c.1.C. Other scientifically
				valid documents or information developed from governmental or non-governmental
				sources and approved by the Secretary.
8.1.c.2. For ecological risk assessments, in
				order of preference:
8.1.c.2.A. U.S. EPA
				Region 3 BTAG Screening Benchmarks;
8.1.c.2.B. U.S. EPA Region 4 Ecological Risk
				Assessment Supplemental Guidance;
8.1.c.2.C. U.S. EPA ECOTOX Database;
8.1.c.2.D. U.S. EPA IRIS
				Database;
8.1.c.2.E. U.S. EPA HEAST
				Database;
8.1.c.2.F. U.S. Fish and
				Wildlife Service Technical Reports;
8.1.c.2.G. Oak Ridge National Laboratory
				Toxicological Benchmark Technical Reports;
8.1.c.2.H. ATSDR Toxicological Profiles;
8.1.c.2.I. Other peer-reviewed
				technical publications;
8.1.c.2.J.
				National Oceanic and Atmospheric Administration's Screening Quick Reference
				Tables (SQuiRTs); and
8.1.c.2.K.
				Other scientifically valid documents or information developed from governmental
				or non-governmental sources and approved by the Secretary.
8.1.d. Risk assessments
				may include the use of fate and transport models subject to the Secretary's
				approval of the model and the data to be used for the parameters specified in
				the model.
8.1.d.1. The Secretary shall
				ensure that any fate and transport model approved for use is capable of
				simulating those site conditions and contaminant properties that might have a
				significant impact on site-specific contaminant fate or transport.
8.1.d.2. Risk assessments shall include
				sensitivity analyses of models and data used as model parameters. Sensitivity
				analyses shall be based on the range of conditions which have historically
				occurred or may be likely to occur at the site.
8.1.d.3. For models not included in
				Department guidance documents, risk assessments shall include a description,
				including published references if available.
8.1.d.4. Where available, the Department
				shall give preference to the use of peer-reviewed models and data for which
				on-site validation is demonstrated.
8.1.e. The use of population risk estimates
				in addition to individual risk assessments is provided for as follows:
8.1.e.1. For human health risk assessments,
				risk estimates shall initially be made at the level of the individual. A
				population-based risk assessment may be conducted where the applicant
				determines it would be practicable and of assistance in evaluating the
				appropriateness of the remedial action; and
8.1.e.2. For ecological risk assessments, the
				applicant shall make risk estimates:
(A) at
				the individual level where any endangered or threatened species is
				significantly impacted by the proposed activities at the site; and
(B) at the level of the population for all
				ecological receptors of concern exposed to contaminants at the site.