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 60-3-9 - Remediation Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
This section shall be used for developing risk-based soil and
				  groundwater remedial objectives for site remediation. The purpose of these
				  procedures is to provide for the adequate protection of human health and the
				  environment relative to the current and the reasonably anticipated future uses
				  of the site while incorporating site-related information, to the extent
				  practicable, which may allow for more cost-effective site remediation based on
				  identified site risks.
9.1. Types of
				Remediation Standards. - Each applicant who responds to the release of a
				contaminant at a site shall select and attain compliance with one or a
				combination of the following remediation standards in subdivision 9.1.a and one
				or a combination of the remediation standards in subdivision 9.1.b. All
				standards listed in 9.1.a. and 9.1.b. may be selected based on the application
				of presumptive remedies such as institutional and engineering controls used to
				limit or eliminate the exposure of potential receptors to Contaminants of
				Concern:
9.1.a. Human Health:
9.1.a.1. A De Minimis Risk-Based Standard is
				one in which contaminant levels pose no substantial risks to human health based
				on any current or reasonably anticipated future land and water use as provided
				in subsection 9.2 of this rule. If these levels are below natural background,
				background levels will be considered the de minimis levels;
9.1.a.2. A Uniform Risk-Based Standard is one
				which uses pre-approved analytical methodologies established by the Secretary
				to input exposure factors and other site-specific variables to calculate
				compound-specific remediation levels that will be protective of human health
				based on any current or reasonably anticipated future land and water use, as
				provided in subsection 9.3 of this rule. If these levels are below natural or
				anthropogenic background levels, the background levels will be considered the
				uniform risk-based levels;
9.1.a.3.
				A Site-Specific Risk-Based Standard is one which uses a site-specific analysis
				of present contamination and develops a remedial approach that considers the
				remedy selection criteria in subdivision 9.8.a of this rule and is protective
				of human health based upon any current or reasonably anticipated future land
				and water use; or
9.1.a.4. The
				applicant may use a combination of the remediation standards to implement a
				site remediation plan and may choose to use the Site-Specific Risk-Based
				Standard whether or not the applicant has made efforts to attain the De Minimis
				or Uniform Risk-Based Standards.
9.1.a.5. In all cases, the presence of free
				product at a site requires remediation to the maximum extent practical in
				accordance with the Voluntary Remediation Program Guidance Manual.