Section R315-101-1 - Purpose, Applicability(a) Purpose. Rule R315-101 establishes information requirements to support risk-based cleanup and closure standards at sites for which remediation, including removal of hazardous constituents to background levels is not the remediation objective. The procedures in Rule R315-101 also provide for continued management of sites for which risk-based clean closure standards are not met.(b) Applicability. (1) Rule R315-101 applies to any responsible party, or other interested party on a voluntary basis, such as a prospective purchaser, a lending institution, or land developer, involved in management of a site contaminated with hazardous waste, hazardous constituents, or other contaminants, as determined by the director. Rule R315-101 does not apply to a site that has been or will be cleaned to background levels of constituents.(2) In the event of a release of hazardous waste or material that, when released, becomes a hazardous waste, the requirements of Rule R315-101 apply if the responsible party fails to clean up the released material and any residue or contaminated soil, water, or other material resulting from the release, as required by Section R315-263-31. The requirements of Section R315-263-31 shall be considered met if:(i) the level of cumulative risk present at the site is less than or equal to 1 x 10-6 for carcinogens and the hazard index is less than or equal to one for non-carcinogens based on a risk assessment conducted assuming the land use exposure scenario defined in Subsection R315-101-5(g)(1);(ii) the director determines that ecological effects are insignificant based on the approved assessment conducted in accordance with Subsection R315-101-5(j); and(iii) the director determines that current and potential future impacts to groundwater are insignificant in accordance with Subsection R315-101-5(f)(8).(3) The responsible party of a hazardous waste management site shall meet the requirements of Sections R315-265-110 through R315-265-120 or Sections R315-264-110 through R315-264-120, as applicable, before implementation of any activities described in Rule R315-101.(4) The requirements of Subsections R315-270-1(c)(5) and R315-270-1(c)(6) shall be considered met for a hazardous waste management unit or solid waste management unit if: (i) the level of risk, cumulative, present at the site is less than or equal to 1 x 10-6 for carcinogens and a hazard index of less than or equal to one for non-carcinogens, based on the risk assessment conducted, assuming the land use exposure scenario defined in Subsection R315-101-5(g)(1);(ii) the director determines that ecological effects are insignificant based on the approved assessment conducted in accordance with Subsection R315-101-5(j); and(iii) the director determines that current and potential future impacts to groundwater are insignificant in accordance with Subsection R315-101-5(f)(8).(5) If these risk criteria are met, a request for a risk-based clean closure in accordance with Subsection R315-101-7(a) may be submitted to the director for review and approval.(6) If the level of risk, cumulative, present at the site is greater than the limits defined in Subsection R315-101-1(b)(2) or R315-101-1(b)(4) or the director determines that ecological effects may be significant in accordance with Subsection R315-101-5(j), or current and potential future impact to groundwater is significant in accordance with Subsection R315-101-5(f)(8), then a risk-based clean closure shall not be granted. Either corrective action, as determined in accordance with Section R315-101-6 and as defined in Subsection R315-101-13(u), appropriate site management as defined in Subsection R315-101-13(f) and as determined in Subsections R315-101-7(b) and R315-101-7(c), or both, shall be required.(c) For determination of appropriate corrective action at a site, the following criteria shall be considered in order of importance: (1) the impact or potential impact of the contamination on human health;(2) the impact or potential impact of the contamination on the environment;(3) the technologies available for use in cleanup; and(4) economic considerations and cost-effectiveness of cleanup options.(d) The responsible party shall follow applicable guidance documents, including Utah and federal risk assessment guidance and methods approved by the director, as set forth in Rule R315-101.Utah Admin. Code R315-101-1
Amended by Utah State Bulletin Number 2023-07, effective 3/15/2023