Section R18-7-206. Site-specific Remediation Standards

A.      A person may elect to remediate to a residential or a non-resi- dential site-specific remediation level derived from a site-spe- cific human health risk assessment.

B.       A person who conducts a remediation to a residential or a non- residential site-specific remediation level shall use one of the following site-specific human health risk assessment method- ologies:

1.        A deterministic methodology. If a deterministic method- ology is used, reasonable maximum exposures shall be evaluated for future use scenarios.

2.        A probabilistic methodology. If a probabilistic methodol- ogy is used, it shall be no less protective than the 95th percentile upper bound estimate of the distribution.

3.        An alternative methodology commonly accepted in the scientific community. An alternative methodology is con- sidered accepted in the scientific community if it is pub- lished in peer-reviewed literature, such as a professional journal or publication of standards of general circulation, and there is general consensus within the scientific com- munity that the methodology is sound.

C.      A person who conducts a remediation to a site-specific reme- diation level shall remediate to the residential site-specific remediation level on any property where there is residential use at the time remediation is completed.

D.      A person conducting a remediation to a residential or a non- residential site-specific remediation level shall remediate the

contaminants in soil to a Hazard Index no greater than 1 and a cumulative excess lifetime cancer risk from 1 x 10-6 to 1 x 10-

4. The following site-specific factors shall be evaluated when determining the cumulative excess lifetime cancer risk:

1.        The presence of multiple contaminants.

2.        The existence of multiple pathways of exposure.

3.        The uncertainty of exposure.

4.        The sensitivity of the exposed population.

5.        Other  program-related   laws  and  regulations   that  may apply.

Historical Note

Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-206 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R.

971, effective May 5, 2007 (Supp. 07-1).