Section R315-101-13 - DefinitionsTerms used in Rule R315-101 regarding cleanup action and Risk-Based Closure Standards are defined as follows:
(a) "95% Upper Confidence Limit or 95% UCL" means an estimate of the arithmetic average concentration for a contaminant and it provides reasonable confidence that the true site average will not be underestimated.(b) "95% Upper Tolerance Limit or 95% UTL" means a value not to be exceeded of possible background concentration values and so provides a reasonable upper limit on what is likely to be observed in the background with 95% confidence.(c) "Acceptable Risk Range" means cancer risk greater than or equal to 1 x 10-6 but less than or equal 1 x 10-4 or a hazard index less than or equal to one with justifiable, reasonable and practicable measures in place to reduce and control risk within the range.(d) "Action Level" means the existence of a contaminant concentration in the environment that is high enough to warrant an action or trigger a response action under the National Oil and Hazardous Substances Contingency Plan.(e) "Adverse Effect" means any effect that causes harm to the normal functioning of plants, animals, or humans due to exposure to any contaminants of concern.(f) "Appropriate Site Management Activities" means measures that are reasonable and practical that will be taken to control and reduce risks greater than 1 x 10-6 and less than 1 x 10-4 for carcinogen and hazard index equal to or less than one for non-carcinogens under both current and reasonably anticipated future land use conditions, for example, institutional controls, engineering controls, groundwater monitoring, post-closure care, or corrective action and ensuring that assumptions made in the estimation of cancer risk and non-cancer hazard in the risk assessment report are not violated.(g) "Area of Contamination" means a hazardous waste management unit or a solid waste management unit or an area where a release has occurred.(h) "Assessment Endpoints" means an explicit expression of environmental value that is to be protected. It is the part of the ecosystem that should be protected at a superfund site and it is generally some characteristic of a species of plant or animal, for example, reproduction, growth, that may be described numerically.(i) "Background" means substances or locations that are not influenced by releases from a site and are naturally occurring in the environment in forms that have not been influenced by human activity or are natural and human-made substances present in the environment as a result of anthropogenic activities and not related to the site.(j) "The boundary" means the furthest extent where contamination from a defined source has migrated in any medium when the release is first identified.(k) "Cancer Risk" means the probability that an individual with contract cancer after lifetime exposure to a carcinogen.(l) "Cleanup" means the range of corrective action activities that occur in the context of addressing environmental contamination at RCRA sites to lower contaminant concentration or decrease chemical toxicity. Activities may include waste removal, contaminated media removal or source reduction, such as excavation or pumping, in-place treatment of waste or contaminated media, such as bioremediation, monitored natural attenuation, containment of waste or contaminated media, such as barrier walls, low permeability covers, liners or capping, or various combination of these approaches.(m) "Concentration Term - 95% Upper Confidence Limit" means the intake variable and it is an estimate of the arithmetic average concentration for a contaminant based on a set of site sampling results. Because of the uncertainty associated with estimating the true average concentration at a site, the 95% Upper Confidence Limit of the arithmetic mean is used to represent this variable and provides reasonable confidence that the true site average will not be underestimated.(n) "Complete Exposure Pathway" means how a contaminant may be traced or expected to travel from a source to a plant or animal that may be affected by that chemical and shall meet the following: (1) the presence of a source and transport;(2) exposure point or contact (receptor); and(3) exposure route. Otherwise exposure is incomplete.(o) "Conceptual Site Model" means a written, illustrative, or both, representation of a site that documents the physical, chemical and biological processes that control the transport, migration, actual or potential, or both impacts of contamination in soil, air, ground water, surface water, sediments, to human or ecological receptors, or both, exposure pathways, at a site or at a reasonably anticipated site under both current and potential future land use scenarios.(p) "Contaminate" means to make a medium polluted through the introduction of hazardous waste or hazardous constituents as identified in Section R315-261-1092, which incorporates by reference 40 CFR 261, Appendix VIII.(q) "Contaminants of Concern" means Constituents of Potential Concern that significantly contribute to a pathway in a land use scenario for a receptor that either exceeds a cumulative cancer risk of 1x10-4 or exceeds a non-cancer hazard index of one.(r) "Contaminants of Interest" means chemicals detected at the site during the site characterization process that may pose threat to human health or the environment.(s) "Constituents of Potential Concern" means constituents detected in a medium that are selected to be addressed in the risk assessment process because contact with humans may result in adverse effects.(t) "Constituents of Potential Ecological Concern" means any constituent that is shown to pose possible ecological risk at a site. It is generally a constituent that may or may not be causing risk or adverse effects to plants and animals at a site.(u) "Corrective Action" means the cleaning up of environmental problems caused by the mismanagement of wastes, or the cleanup process or program under RCRA and any activities related to the investigation, characterization, and cleanup of release of hazardous waste or hazardous constituents from solid waste management units or hazardous waste management units at a permitted or interim status treatment storage or disposal facilities or voluntary cleanup sites or brownfield sites.(v) "Corrective Action Complete With Controls" means a condition of a solid waste management unit, a hazardous waste management unit, an area of contamination or a contaminated site where site characterization or risk assessment indicate corrective action is required and completed and the results of the risk assessment meet the closure standards and requirements specified in Subsection R315-101-7(b), or a condition of a solid waste management unit, a hazardous waste management unit, area of contamination or a contaminated site where site characterization or risk assessment indicate corrective action is not required but also meets the closure standards and requirements specified in Subsection R315-101-7(b).(w) "Corrective Action Complete Without Controls" means a condition of a solid waste management unit, a hazardous waste management unit, area of contamination or a contaminated site where site characterization or risk assessment indicate corrective action is required and completed and the results of the risk assessment meet the closure standards and requirements equivalent to a no further action or meeting the requirements of Subsection R315-101-7(a) or a condition of a solid waste management unit, a hazardous waste management unit, area of contamination or a contaminated site when site characterization or risk assessment indicate corrective action is not required but also meets the closure standards and requirements equivalent to a no further action or meeting the requirements of Subsection R315-101-7(a).(x) "Corrective Action Level" means the concentration of a contaminant in a medium after cleanup of a site that is protective of human health and the environment.(y) "Data Quality Objectives" means qualitative and quantitative statements of the quality of data needed to support specific decisions or regulatory actions.(z) "Dilution Attenuation Factor" means the ratio of the contaminant concentration in soil leachate to the concentration in groundwater at the receptor point.(aa) "Environment" means the surroundings or conditions in which a person, animal, or plant lives or operates.(bb) "Exposure" means contact of an organism with a chemical or physical agent and it is the amount of the agent available at the exchange boundaries of the organism.(cc) "Exposure Pathway" means the course a chemical or physical agent takes from a source to an exposed organism.(dd) "Exposure Point Concentration" means either a statistical derivation of measured data or modeled data that represents an estimate of the chemical concentration available from a particular medium or route of exposure. The exposure point concentration value is used to quantify potential cancer risks and non-cancer hazards.(ee) "Groundwater Cleanup Levels" means site-specific groundwater chemical concentration levels based on groundwater use designation and exposure pathway established to ensure the protection of human health and the environment when defining groundwater cleanup objectives.(ff) "Groundwater Use" means the current or reasonably expected maximum beneficial use of groundwater that warrants the most stringent cleanup levels, including drinking or other uses.(gg) "Hazard Index" means the sum of hazard quotients.(hh) "Hazard Quotient" means the ratio of exposed dose to some reference dose or reference concentration.(ii) "Lowest Observed Adverse Effects Level or Lowest Observed Adverse Effects Concentration" means the lowest level of a chemical stressor evaluated in a toxicity test that shows harmful effects on a plant or animal. A Lowest Observed Adverse Effects Level is based on dose of a chemical ingested while Lowest Observed Adverse Effects Concentration refers to direct exposure to a chemical such as through the skin.(jj) "Maximum Contaminant Level" means the highest level of a contaminant that is allowed in drinking water and is set as close to the "Maximum Contaminant Level Goal" as feasible using the best available treatment technology and taking cost into consideration. Maximum Contaminant Levels are enforceable standards.(kk) "Maximum Contaminant Level Goal" means the level of a contaminant in drinking water below which there is no known or expected risk to health. Maximum Contaminant Level Goals allow for a margin of safety and are non-enforceable public health goals.(ll) "Measures of Effects" means quantitative measurements of effects expressed as statistical or numerical assessment endpoint summaries of the observations that make up the measurement.(mm) "Measurement End Point" means a measurable ecological characteristic that is related to the valued characteristic chosen as the assessment endpoint and it is a measure of biological effects such as death, reproduction, or growth, of a particular species.(nn) "Natural Resources" means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other similar resources.(oo) "No Further Action" means the state of a solid waste management unit, a hazardous waste management unit, or a contaminated site at closure meeting the requirements in Subsection R315-101-7(a) and it is equivalent to corrective action complete without controls if the site was under corrective action activities. No further action is equivalent to unrestricted land use.(pp) "No Observed Adverse Effects Level or No Observed Adverse Effects Concentration" means the highest level of a chemical stressor in a toxicity test that did not cause a harmful effect in a plant or animal. A No Observed Adverse Effects Level refers to a dose of chemical that is ingested, while a No Observed Adverse Effects Concentration refers to direct exposure to a chemical such as through the skin.(qq) "Point of Departure" means the target risk level that risk to an individual is considered insignificant.(rr) "Potentially Complete Exposure Pathway" means a pathway that, due to current site conditions is incomplete, but could become complete at a future time because of changing site practices. For example, the ingestion pathway of groundwater from a residential well in a high total dissolved solids aquifer. This pathway could be complete if treatment technologies like reverse osmosis become economically feasible and are observed to be employed successfully in that aquifer.(ss) "Reasonable Maximum Exposure" means the highest exposure that is reasonably expected to occur at a site. Reasonable Maximum Exposure combines upper-bound and mid-range exposure factors so that the result represents an exposure scenario that is both protective and reasonable; not the worst possible case.(tt) "Regional Screening Levels" means risk-based chemical concentrations derived from standardized equations combing exposure assumptions with US EPA chemical-specific toxicity values and target risk levels that are used for site screening and initial cleanup goals.(uu) "Release" means spill or discharge of hazardous waste, hazardous constituents, or material that becomes hazardous waste when released to the environment.(vv) "Responsible Party" means the owner or operator of a site, or any other person responsible for the release of hazardous waste or hazardous constituents.(ww) "Risk-Based Clean Closure" means closure of a site where hazardous waste was managed or any medium that has been contaminated by a release of hazardous waste or hazardous constituents, and where hazardous waste or hazardous constituents remain at the site in any medium at concentrations determined, in Rule R315-101, to cause minimal levels of risk to human health and the environment so as to require no further action or monitoring by the responsible party nor any notice of hazardous waste management on the record of title to the property.(xx) "Risk-Based Concentration" means the concentration of a contaminant the values of which are derived from equations combining toxicity factors with standard exposure scenarios to calculate chemical concentrations corresponding to some fixed levels of risks in any medium, such as water, air, fish tissue, sediment, and soil.(yy) "Robust Statistic" means a statistic that is resistant to errors in the results, produced by deviations from assumptions, such as, normality. This means that the limits are not susceptible to outliers, or distributional assumptions. For example, if the limits are centered on the median, instead of on the mean, or on a modified, "robust mean," and constructed with suitable weighting, or influence, or function, they could be considered "robust."(zz) "Site" means the area of contamination and any other area that could be impacted by the released contaminants, or could influence the migration of those contaminants, regardless of whether the site is owned by the responsible party.(aaa) "Site Specific Screening Value" means contaminant screening values derived for media, such as soil, sediment, water, at a site based on relevant site assumptions and factors.(bbb) "Source Control" means a range of actions, for example, removal, treatment in place, and containment, designed to protect human health and the environment by eliminating or minimizing migration of or exposure to significant contamination.(ccc) "Target Risk" means any acceptable specified risk level. The preferred target risk is 1x10-6 which is at the protective end of the acceptable risk range for screening of contaminants in risk assessment and considered to be the point of departure.Utah Admin. Code R315-101-13
Adopted by Utah State Bulletin Number 2023-07, effective 3/15/2023