Ariz. Admin. Code § 18-7-205

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-7-205 - Pre-determined Remediation Standards

A. A person may elect to remediate to the residential or non-residential soil remediation levels (SRLs) in Appendix A. If allowed under R18-7-202(E), a person may also elect to remediate to the residential or non-residential SRLs in Appendix B.

B. A person who conducts remediation pursuant to this Article shall remediate to the residential SRL on any property where there is residential use at the time remediation is completed.

C. A pre-determined contaminant standard established by federal law or regulation may be used for polychlorinated biphenyl cleanups regulated pursuant to the Toxic Substances Control Act (TSCA) at 40 CFR 761.120 et seq., however, the Department has no regulatory authority to issue a Letter of Completion in TSCA-regulated cleanups.

D. A person who elects to utilize a residential or non-residential SRL for the following known human carcinogens shall remediate to a 1 x 10-6 excess lifetime cancer risk: benzene, benzidine, bis (chloromethyl) ether, chromium VI, diethylstilbestrol, direct black 38, direct blue 6, direct brown 95, nickel subsulfide, and vinyl chloride.

E. Except as provided below, a person who elects to remediate to a residential SRL may utilize a 1 x 10-5 excess lifetime cancer risk for any carcinogen other than a known human carcinogen. If the current or currently intended future use of the contaminated site is a child care facility or school where children below the age of 18 are reasonably expected to be in frequent, repeated contact with the soil, the person conducting remediation shall remediate to a 1 x 10-6 excess lifetime cancer risk.

F. For contaminants that exhibit both carcinogenic and non-carcinogenic effects, the numeric standard that is lower (more protective) shall apply.

Ariz. Admin. Code § R18-7-205

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 R18-7-205 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).