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"Radionuclide" means a type of atom that spontaneously undergoes radioactive decay. Radionuclides are hazardous substances under the act.
"Reasonable maximum exposure" means the highest exposure that can be reasonably expected to occur for a human or other living organisms at a site under current and potential future site use.
"Reference dose" or "RFD" means a benchmark dose, derived from the NOAEL or LOAEL for a hazardous substance by consistent application of uncertainty factors used to estimate acceptable daily intake doses and an additional modifying factor, which is based on professional judgment when considering all available data about a substance, expressed in units of milligrams per kilogram body weight per day. This includes chronic reference doses, subchronic reference doses, and developmental reference doses.
"Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances.
"Relevant and appropriate requirements" means those cleanup standards, standards of control, and other human health and environmental requirements, criteria, or limitations established under state and federal law that, while not legally applicable to the hazardous substance, cleanup action, location, or other circumstance at a site, the department determines address problems or situations sufficiently similar to those encountered at the site that their use is well suited to the particular site. The criteria specified in WAC 173-340-710(3) shall be used to determine if a requirement is relevant and appropriate.
"Rem" means the unit of radiation dose equivalent that is the dosage in rads multiplied by a factor representing the different biological effects of various types of radiation.
"Remedial investigation/feasibility study" means a remedial action that consists of activities conducted under WAC 173-340-350 to collect, develop, and evaluate sufficient information regarding a site to select a cleanup action under WAC 173-340-360 through 173-340-390.
"Remediation level (REL)" means a concentration (or other method of identification) of a hazardous substance in soil, water, air, or sediment above which a particular cleanup action component will be required as part of a cleanup action at a site. Other methods of identification include physical appearance or location. A cleanup action selected in accordance with WAC 173-340-350 through 173-340-390 that includes remediation levels constitutes a cleanup action which is protective of human health and the environment. See WAC 173-340-355 for a description of the purpose of remediation levels and the requirements and procedures for developing a cleanup action alternative that includes remediation levels.
"Remedy" or "remedial action" means any action or expenditure consistent with the purposes of chapter 70.105D RCW to identify, eliminate, or minimize any threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health.
"Restoration time frame" means the period of time needed to achieve the required cleanup levels at the points of compliance established for the site.
"Risk" means the probability that a hazardous substance, when released into the environment, will cause an adverse effect in exposed humans or other living organisms.
"Routine cleanup action" means a remedial action meeting all of the following criteria:
? Cleanup standards for each hazardous substance addressed by the cleanup are obvious and undisputed, and allow for an adequate margin of safety for protection of human health and the environment;
? It involves an obvious and limited choice among cleanup action alternatives and uses an alternative that is reliable, has proven capable of accomplishing cleanup standards, and with which the department has experience;
? The cleanup action does not require preparation of an environmental impact statement; and
? The site qualifies under WAC 173-340-7491 for an exclusion from conducting a simplified or site-specific terrestrial ecological evaluation, or if the site qualifies for a simplified ecological evaluation, the evaluation is ended under WAC 173-340-7492(2) or the values in Table 749-2 are used.
Routine cleanup actions consist of, or are comparable to, one or more of the following remedial actions:
? Cleanup of above-ground structures;
? Cleanup of below-ground structures;
? Cleanup of contaminated soils where the action would restore the site to cleanup levels; or
? Cleanup of solid wastes, including containers.
"Safety and health plan" means a plan prepared under WAC 173-340-810.
"Sampling and analysis plan" means a plan prepared under WAC 173-340-820.
"Saturated zone" means the area below the water table in which all interstices are filled with water.
"Schools" means preschools, elementary schools, middle schools, high schools, and similar facilities, both public and private, used primarily for the instruction of minors.
"Science advisory board" means the advisory board established by the department under RCW 70.105D.030(4).
"Secondary maximum contaminant level" means the maximum concentration of a secondary contaminant in water established by the United States Environmental Protection Agency under the Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 143.
"Sensitive environment" means an area of particular environmental value, where a release could pose a greater threat than in other areas including: Wetlands; critical habitat for endangered or threatened species; national or state wildlife refuge; critical habitat, breeding or feeding area for fish or shellfish; wild or scenic river; rookery; riparian area; big game winter range.
"Site" means the same as "facility."
"Site hazard assessment" means a remedial action that consists of an investigation performed under WAC 173-340-320.
"Soil" means a mixture of organic and inorganic solids, air, water, and biota that exists on the earth's surface above bedrock, including materials of anthropogenic sources such as slag, sludge, etc.
"Soil biota" means invertebrate multicellular animals that live in the soil or in close contact with the soil.
"Subchronic reference dose" means an estimate (with an uncertainty of an order of magnitude or more) of a daily exposure level for the human population, including sensitive subgroups, that is likely to be without appreciable risk of adverse effects during a portion of a lifetime.
"Surface water" means lakes, rivers, ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the state of Washington or under the jurisdiction of the state of Washington.
"Technically possible" means capable of being designed, constructed and implemented in a reliable and effective manner, regardless of cost.
"Terrestrial ecological receptors" means plants and animals that live primarily or entirely on land.
"Threatened or endangered species" means species listed as threatened or endangered under the federal Endangered Species Act 16 U.S.C. Section 1533, or classified as threatened or endangered by the state fish and wildlife commission under WAC 232-12-011(1) and 232-12-014.
"Total excess cancer risk" means the upper bound on the estimated excess cancer risk associated with exposure to multiple hazardous substances and multiple exposure pathways.
"Total petroleum hydrocarbons" or "TPH" means any fraction of crude oil that is contained in plant condensate, crankcase motor oil, gasoline, aviation fuels, kerosene, diesel motor fuel, benzol, fuel oil, and other products derived from the refining of crude oil. For the purposes of this chapter, TPH will generally mean those fractions of the above products that are the total of all hydrocarbons quantified by analytical methods NWTPH-Gx; NWTPH-Dx; volatile petroleum hydrocarbons (VPH) for volatile aliphatic and volatile aromatic petroleum fractions; and extractable petroleum hydrocarbons (EPH) for nonvolatile aliphatic and nonvolatile aromatic petroleum fractions, as appropriate, or other test methods approved by the department.
"Type I error" means the error made when it is concluded that an area of a site is below cleanup levels when it actually exceeds cleanup levels. This is the rejection of a true null hypothesis.
"Underground storage tank" or "UST" means an underground storage tank and connected underground piping as defined in the rules adopted under chapter 90.76 RCW.
"Unrestricted site use conditions" means restrictions on the use of the site or natural resources affected by releases of hazardous substances from the site are not required to ensure continued protection of human health and the environment.
"Upper bound on the estimated excess cancer risk of one in one hundred thousand" means the upper ninety-fifth percent confidence limit on the estimated risk of one additional cancer above the background cancer rate per one hundred thousand individuals.
"Upper bound on the estimated excess cancer risk of one in one million" means the upper ninety-fifth percent confidence limit on the estimated risk of one additional cancer above the background cancer rate per one million individuals.
"Volatile organic compound" means those carbon-based compounds listed in EPA methods 502.2, 524.2, 551, 601, 602, 603, 624, 1624C, 1666, 1671, 8011, 8015B, 8021B, 8031, 8032A, 8033, 8260B, and those with similar vapor pressures or boiling points. See WAC 173-340-830(3) for references describing these methods. For petroleum, volatile means aliphatic and aromatic constituents up to and including EC12, plus naphthalene, 1-methylnaphthalene and 2-methylnaphthalene.
"Wastewater facility" means all structures and equipment required to collect, transport, treat, reclaim, or dispose of domestic, industrial, or combined domestic/industrial wastewaters.
"Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this classification, wetlands must have one or more of the following attributes at least periodically, the land supports predominantly hydrophytes; the substrate is predominately undrained hydric soil; and the substrate is nonsoil and saturated with water or covered by shallow water at some time during the growing season each year.
"Wildlife" means any nonhuman vertebrate animal other than fish.
"Zoned for (a specified) use" means the use is allowed as a permitted or conditional use under the local jurisdiction's land use zoning ordinances. A land use that is inconsistent with the current zoning but allowed to continue as a nonconforming use or through a comparable designation is not considered to be zoned for that use.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-200, filed 2/12/01, effective 8/15/01; 96-04-010 (Order 94-37), § 173-340-200, filed 1/26/96, effective 2/26/96; 91-04-019, § 173-340-200, filed 1/28/91, effective 2/28/91; 90-08-086, § 173-340-200, filed 4/3/90, effective 5/4/90.]
Notes:
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.
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173-340-210
Usage.
For the purposes of this chapter, the following shall apply:
(1) Unless the context clearly requires otherwise the use of the singular shall include the plural and conversely.
(2) The terms "applicable," "appropriate," "relevant," "unless otherwise directed by the department" and similar terms implying discretion mean as determined by the department, with the burden of proof on other persons to demonstrate that the requirements are or are not necessary.
(3) "Approved" means for department conducted or ordered remedial actions, or for potentially liable person conducted cleanups agreed to by the department in an agreed order or decree governing remedial actions at the site.
(4) "Conduct" means to perform or undertake whether directly or through an agent or contractor, unless this chapter expressly provides otherwise.
(5) "Include" means included but not limited to.
(6) "May" or "should" means the provision is optional and permissive, and does not impose a requirement.
(7) "Shall," "must," or "will" means the provision is mandatory.
(8) "Threat" means threat or potential threat.
(9) "Under" means pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-210, filed 2/12/01, effective 8/15/01; 91-04-019, § 173-340-210, filed 1/28/91, effective 2/28/91; 90-08-086, § 173-340-210, filed 4/3/90, effective 5/4/90.]
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173-340-300
Site discovery and reporting.
(1) Purpose. As part of a program to identify hazardous waste sites, this section sets forth the requirements for reporting a release of a hazardous substance due to past activities, whether discovered before or after the effective date of this regulation. It also sets forth the requirements for reporting independent remedial actions. The department may take any other actions it deems appropriate to identify potential hazardous waste sites consistent with chapter 70.105D RCW.
(2) Release report.
(a) Any owner or operator who has information that a hazardous substance has been released to the environment at the owner or operator's facility and may be a threat to human health or the environment shall report such information to the department within ninety days of discovery. Releases from underground storage tanks shall be reported by the owner or operator of the underground storage tank within twenty-four hours of release confirmation, in accordance with WAC 173-340-450. To the extent known, the report shall include:
(i) The identification and location of the hazardous substance;
(ii) Circumstances of the release and the discovery; and
(iii) Any remedial actions planned, completed, or underway. All other persons are encouraged to report such information to the department.
(b) Persons should use best professional judgment in deciding whether a release of a hazardous substance may be a threat or potential threat to human health or the environment. The following, which is not an exhaustive list, are examples of situations that generally should be reported under this section:
(i) Contamination in a water supply well.
(ii) Contaminated seeps, sediment or surface water.
(iii) Vapors in a building, utility vault or other structure that appear to be entering the structure from nearby contaminated soil or ground water.
(iv) Free product such as petroleum product or other organic liquids on the surface of the ground or in the ground water.
(v) Any contaminated soil or unpermitted disposal of waste materials that would be classified as a hazardous waste under federal or state law.
(vi) Any abandoned containers such as drums or tanks, above ground or buried, still containing more than trace residuals of hazardous substances.
(vii) Sites where unpermitted industrial waste disposal has occurred.
(viii) Sites where hazardous substances have leaked or been dumped on the ground.
(ix) Leaking underground petroleum storage tanks not already reported under WAC 173-340-450.
(3) Exemptions. The following releases are exempt from these notification requirements:
(a) Application of pesticides and fertilizers for their intended purposes and according to label instructions;
(b) Lawful and nonnegligent use of hazardous substances by a natural person for personal or domestic purposes;
(c) A release in accordance with a permit that authorizes the release;
(d) A release previously reported to the department in fulfillment of a reporting requirement in this chapter or in another law or regulation;
(e) A release previously reported to the United States Environmental Protection Agency under CERCLA, Section 103(c) (42 U.S.C. Sec. 9603(c));
(f) Except for releases under subsection (2)(b)(iii) of this section, a release to the air;
(g) Releases discovered in public water systems regulated by the department of health; or
(h) A release to a permitted wastewater facility.
An exemption from the notification requirements in this section does not imply a release from liability under this chapter.
(4) Report of independent remedial actions.
See WAC 173-340-515 for additional reporting requirements for independent remedial actions. See WAC 173-340-450 for reporting requirements for independent remedial actions for releases from underground storage tanks.
(5) Department response. Within ninety days of receiving information under this section, the department shall conduct an initial investigation in accordance with WAC 173-340-310. For sites on the hazardous sites list, the department shall, as resources permit, review reports that document independent cleanup actions. The review shall include an evaluation of whether the site qualifies for removal from the hazardous sites list or whether further remedial action is required.
(6) Other obligations. Nothing in this section shall eliminate any obligations to comply with reporting requirements that may exist in a permit or under other laws.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-300, filed 2/12/01, effective 8/15/01; 91-04-019, § 173-340-300, filed 1/28/91, effective 2/28/91; 90-08-086, § 173-340-300, filed 4/3/90, effective 5/4/90.]
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173-340-310
Initial investigation.
(1) Purpose. An initial investigation is an inspection of a suspected site by the department and documentation of conditions observed during that site inspection. The purpose of the initial investigation is to determine whether a release or threatened release of a hazardous substance may have occurred that warrants further action under this chapter.
(2) Applicability and timing. Whenever the department receives information and has a reasonable basis to believe that there may be a release or a threatened release of a hazardous substance that may pose a threat to human health or the environment, the department shall conduct an initial investigation within ninety days.
(3) Exemptions. The department shall not be required to conduct an initial investigation when:
(a) The circumstances associated with the release or threatened release are known to the department and have previously been or currently are being evaluated by the department or other government agency;
(b) The release is permitted; or
(c) The release is exempt from reporting under WAC 173-340-300(3).
(4) Department deferral to others. The department may rely on another government agency or a contractor to the department to conduct an initial investigation on its behalf, provided the department determines such an agency or contractor is not suspected to have contributed to the release or threatened release of a hazardous substance and that no conflict of interest exists.
(5) Department decision. Based on the information obtained about the site, the department shall within thirty days of completion of the initial investigation make one or more of the following decisions:
(a) A site hazard assessment is required;
(b) Emergency remedial action is required;
(c) Interim action is required; or
(d) The site requires no further action under this chapter at this time because either:
(i) There has been no release or threatened release of a hazardous substance; or
(ii) A release or threatened release of a hazardous substance has occurred, but in the department's judgment, does not pose a threat to human health or the environment; or
(iii) Action under another authority is appropriate.
A decision for a particular follow-up action does not preclude the department from requiring some other action in the future based on reevaluation of the site or additional information.
(6) Notification.
(a) Sites requiring an emergency remedial action or interim action. If the department determines that an emergency remedial action or interim action is required, then notification of the threat to the potentially affected vicinity may be required by the department. The method and nature of the notification shall be determined on a case-by-case basis using the methods specified in WAC 173-340-600. Such notification shall be the responsibility of the site owner or operator if required in writing by the department.
(b) Sites requiring further remedial action. For sites requiring further remedial action under chapter 70.105D RCW, the department shall notify the owner, operator, and any potentially liable person known to the department of its decision. This notification shall be a letter ("Early Notice Letter") mailed to the person which includes:
(i) The basis for the department's decision;
(ii) Information on the cleanup process provided for in this chapter;
(iii) A statement that it is the department's policy to work cooperatively with persons to accomplish prompt and effective cleanups;
(iv) A person or office of the department to contact regarding the contents of the letter; and
(v) A statement that the letter is not a determination of liability and that cooperating with the department in planning or conducting a remedial action is not an admission of guilt or liability.
(c) Sites not requiring further remedial action. For sites requiring no further remedial action under chapter 70.105D RCW, if requested by the owner or operator, the department shall notify the owner or operator of the department's conclusion. This notification shall be in writing and may be combined with the determination of status letter in WAC 173-340-500.
(7) Reservation of rights. Nothing in this section shall preclude the department from taking or requiring appropriate remedial action at any time.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-310, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-310, filed 4/3/90, effective 5/4/90.]
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173-340-320
Site hazard assessment.
(1) Purpose. The purpose of the site hazard assessment is to provide sufficient sampling data and other information for the department to:
(a) Confirm or rule out that a release or threatened release of a hazardous substance has occurred;
(b) Identify the hazardous substance and provide some information regarding the extent and concentration of the substance;
(c) Identify site characteristics that could result in the hazardous substance entering and moving through the environment;
(d) Evaluate the potential for the threat to human health and the environment; and
(e) Determine the hazard ranking of the site under WAC 173-340-330, if appropriate.
(2) Timing. Generally, a site hazard assessment shall be completed before proceeding to any subsequent phase of remedial action, other than an emergency or interim action.
(3) Administrative options. The site hazard assessment may be conducted under any of the procedures described in WAC 173-340-510. The department may rely on another government agency or a contractor to the department to conduct a site hazard assessment on its behalf, provided the department determines such an agency or contractor is not suspected to have contributed to the release or threatened release of a hazardous substance and that no conflict of interest exists.
(4) Scope and content. A site hazard assessment is an early study to provide preliminary data regarding the relative potential hazard of the site. A site hazard assessment is not intended to be a detailed site characterization; however, it shall include sufficient sampling, site observations, maps, and other information needed to meet the purposes specified in subsection (1) of this section. To fulfill this requirement, a site hazard assessment shall include, as appropriate, the following information:
(a) Identification of hazardous substances, including what was released and is threatened to be released and/or, if known, what products of decomposition, recombination, or chemical reaction are currently present on site, and an estimate of their quantities and concentrations;
(b) Evidence confirming a release or threatened release of hazardous substances to the environment;
(c) Description of facilities containing releases, if any, and their condition;
(d) Identification of the location of all areas where a hazardous substance is known or suspected to be, indicated on a site map;
(e) Consideration of surface water run-on and run-off and the hazardous substances leaching potential;
(f) Preliminary characterization of the subsurface and ground water actually or potentially affected by the release, including vertical depth to ground water and distance to nearby wells, bodies of surface water, and drinking water intakes;
(g) Preliminary evaluation of receptors, including: Human population, food crops, recreation areas, parks, sensitive environments, irrigated areas, and aquatic resources currently or potentially affected by ground water, air, or surface water containing the release of hazardous substances at the site, including distances to these receptors; and
(h) Any other physical factors which may be significant in estimating the potential or current exposure to sensitive biota.
(5) Guidance. The department shall make available guidance for how to conduct a site hazard assessment to meet the requirements of this section. Persons are encouraged to contact the department to obtain a copy of the latest guidance.
(6) Department decision. Based on the results of the site hazard assessment and other available information about the site, the department shall either determine the site warrants no further action using the criteria in WAC 173-340-310 (5)(d) or proceed with ranking and placing the site on the hazardous sites list under WAC 173-340-330.
(7) Notification. The department shall make available the results of the site hazard assessment to the site's owner and operator and any person who has received a potentially liable person status letter under WAC 173-340-500 regarding the site. If the department finds after a site hazard assessment that the site requires no further action, it shall publish this decision in the Site Register.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-320, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-320, filed 4/3/90, effective 5/4/90.]
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173-340-330
Hazard ranking and the hazardous sites list.
(1) Purpose. The department shall maintain a list of sites where remedial action has been determined by the department to be necessary. This list, called the hazardous sites list, shall fulfill the department's responsibilities under RCW 70.105D.030 (2)(b) and (3). From this list, the department shall select those sites where action is anticipated and include those in the biennial program report under WAC 173-340-340.
(2) Hazard ranking.
(a) The department shall give a hazard ranking to sites placed on the list. The purpose of hazard ranking is to estimate, based on the information compiled during the site hazard assessment, the relative potential risk posed by the site to human health and the environment. This assessment considers air, ground water, and surface water migration pathways, human and nonhuman exposure targets, properties of the substances present, and the interaction of these variables.
(b) The department shall evaluate each site on a consistent basis using the procedure described in the "Washington Ranking Method Scoring Manual," publication number 90-14, dated April 1992. The sediment component of a site shall be scored using the procedures described in "Sediment Ranking System," publication number 97-106, dated January 1990, and "Status Report: Technical Basis for SEDRANK Modifications," publication number 97-107, dated June 1991. The ranking procedure and major amendments to the manual shall be reviewed by the science advisory board established under chapter 70.105D RCW. Information obtained in the site hazard assessment, plus any additional data specified in these publications, shall be included in the hazard ranking evaluation.
(3) Site Register. The department shall periodically provide notification of the results of hazard ranking in the Site Register. The department shall make available hazard ranking results for each site to the site owner and operator and any potentially liable person known to the department before publication in the Site Register.
(4) Reranking. The department may at its discretion re-rank a site if, before the initiation of state action at the site, the department receives additional information within the scope of the evaluation criteria which indicates that a significant change in rank may result.
(5) Listing.
Sites shall be ranked and placed on the hazardous sites list if, after the completion of a site hazard assessment, the department determines that further action is required at the site. The list shall be updated at least once per year. Placement of a site on the hazardous sites list does not, by itself, imply that persons associated with the site are liable under chapter 70.105D RCW.
(6) Site status. The hazardous sites list shall reflect the current status of remedial action at each site. The department may change a site's status to reflect current conditions. The status for each site shall be identified as one of the following:
(a) Sites awaiting further remedial action;
(b) Sites with remedial action in progress;
(c) Sites where a cleanup action has been conducted but confirmational monitoring is underway;
(d) Sites with independent remedial actions; or
(e) Other categories established by the department.
(7) Removing sites from the list.
(a) The department may remove a site from the list only after it has determined that:
(i) For sites where the selected cleanup action does not include containment, all remedial actions except confirmational monitoring have been completed and compliance with the cleanup standards has been achieved at the site;
(ii) The listing was erroneous; or
(iii) For sites where the selected cleanup action includes containment, if all of the following conditions have been met:
(A) All construction and operation of remedial actions have been adequately completed and:
(I) Only passive maintenance activities such as monitoring, inspections and periodic repairs remain; or
(II) For municipal solid waste landfills only, a closure plan meeting the substantive requirements in chapter 173-351 WAC has been approved by the department as part of a remedial action under this chapter and the only remaining active maintenance activities are methane gas control, the operation of leachate collection and treatment systems, and/or surface water diversion;
(B) Sufficient confirmational monitoring has been done to demonstrate that the remedy has effectively contained the hazardous substances of concern at the site;
(C) All required performance monitoring has been completed;
(D) Any required institutional controls are in place and have been demonstrated to be effective in protecting public health and the environment from exposure to hazardous substances and protecting the integrity of the cleanup action;
(E) Written documentation is present in the department files that describes what hazardous substances have been left on site, where they are located, and the long term monitoring and maintenance obligations at the site;
(F) When required under WAC 173-340-440, financial assurances are in place; and
(G) For sites with releases to ground water, it has been demonstrated the site meets ground water cleanup levels at the designated point of compliance.
(b) A site owner, operator, or potentially liable person may request that a site be removed from the list by submitting a petition to the department. The petition shall include thorough documentation of all investigations performed, all cleanup actions taken, and adequate compliance monitoring to demonstrate to the department's satisfaction that one of the conditions in (a) of this subsection has been met. The department may require payment of costs incurred, including an advance deposit, for review and verification of the work performed. The department shall review such petitions; however, the timing of the review shall be at its discretion and as resources may allow.
(8) Record of sites. The department shall maintain a record of sites that have been removed from the list under subsection (7) of this section. The record shall identify which sites have institutional controls under WAC 173-340-440 and which sites are subject to periodic review under WAC 173-340-420. This record will be made available to the public upon request.
(9) Relisting of sites. The department may relist a site that has previously been removed if it determines that the site requires further remedial action.
(10) Notice. The department shall provide public notice and an opportunity to comment when the department proposes to remove a site from the list. Additions to the list, changes in site status, and removal from the list shall be published in the Site Register.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-330, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-330, filed 4/3/90, effective 5/4/90.]
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173-340-340
Biennial program report.
(1) Timing. Before November 1 of each even-numbered year, the department shall prepare a biennial program report for the legislature containing its plan for conducting remedial actions for the following two fiscal years. This report shall identify the projects and expenditures recommended for appropriation from both the state and local toxics control accounts. In determining which sites the department shall consider for planned action, emphasis shall be given to sites posing the highest risk to human health and the environment, as indicated by a site's hazard ranking. The department may also consider other factors in setting site priorities. After legislative action and any revisions, this report shall become the department's biennial program plan.
(2) Public notice. The department shall provide public notice and a hearing on the proposed plan. For purposes of this subsection only, public notice shall consist of mailings to all persons who have made a timely request and to the appropriate news media, and publication in the state register. Notice shall also be provided in the Site Register. The public comment period on the proposed plan shall run for at least thirty days from the date of the publication in the Site Register.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-340, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-340, filed 4/3/90, effective 5/4/90.]
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173-340-350
Remedial investigation and feasibility study.
(1) Purpose. The purpose of a remedial investigation/feasibility study is to collect, develop, and evaluate sufficient information regarding a site to select a cleanup action under WAC 173-340-360 through 173-340-390.
(2) Timing. Unless otherwise directed by the department, a remedial investigation/feasibility study shall be completed before selecting a cleanup action under WAC 173-340-360 through173-340-390 , except for an emergency or interim action.
(3) Administrative options. A remedial investigation/feasibility study may be conducted under any of the procedures described in WAC 173-340-510 and 173-340-515.
(4) Submittal requirements. For a remedial action conducted by the department or under a decree or order, a report shall be prepared at the completion of the remedial investigation/feasibility study. Additionally, the department may require reports to be submitted for discrete elements of the remedial investigation/feasibility study. Reports prepared under this section and under an order or decree shall be submitted to the department for review and approval. See also subsection (7)(c)(iv) of this section for information on the sampling and analysis plan and the safety and health plan. See WAC 173-340-515(4) for submittal requirements for independent remedial actions.
(5) Public participation. Public participation will be accomplished in a manner consistent with WAC 173-340-600.
(6) Scope. The scope of a remedial investigation/feasibility study varies from site to site, depending on the informational and analytical needs of the specific facility. This requires that the process remain flexible and be streamlined when possible to avoid the collection and evaluation of unnecessary information so that the cleanup can proceed in a timely manner. Where information required in subsections (7)(c) and (8)(c) of this section is available in other documents for the site, that information may be incorporated by reference to avoid unnecessary duplication. However, in all cases sufficient information must be collected, developed, and evaluated to enable the selection of a cleanup action under WAC 173-340-360 through 173-340-390. In addition, for facilities on the federal national priorities list, a remedial investigation/feasibility study shall comply with federal requirements.
(7) Procedures for conducting a remedial investigation.
(a) Purpose. The purpose of the remedial investigation is to collect data necessary to adequately characterize the site for the purpose of developing and evaluating cleanup action alternatives. Site characterization may be conducted in one or more phases to focus sampling efforts and increase the efficiency of the remedial investigation. Site characterization activities may be integrated with the development and evaluation of alternatives in the feasibility study, as appropriate.
(b) Scoping activities. To focus the collection of data and to assist the department in making the preliminary evaluation required under the State Environmental Policy Act (see WAC 197-11-256), the following scoping activities may be taken before conducting a remedial investigation:
(i) Assemble and evaluate existing data on the site, including the results of any interim or emergency actions, initial investigations, site hazard assessments, and other site inspections;
(ii) Develop a preliminary conceptual site model as defined in WAC 173-340-200;
(iii) Begin to identify likely cleanup levels for the site;
(iv) Begin to identify likely cleanup action components that may address the releases at the site;
(v) Consider the type, quality and quantity of data necessary to support selection of a cleanup action; and
(vi) Begin to identify likely applicable state and federal laws under WAC 173-340-710.
(c) Content. A remedial investigation shall include the following information as appropriate:
(i) General facility information. General information, including: Project title; name, address, and phone number of project coordinator; legal description of the facility location; dimensions of the facility; present owner and operator; chronological listing of past owners and operators and operational history; and other pertinent information.
(ii) Site conditions map. An existing site conditions map that illustrates relevant current site features such as property boundaries, proposed facility boundaries, surface topography, surface and subsurface structures, utility lines, well locations, and other pertinent information.
(iii) Field investigations. Sufficient investigations to characterize the distribution of hazardous substances present at the site, and threat to human health and the environment. Where applicable to the site, these investigations shall address the following:
(A) Surface water and sediments. Investigations of surface water and sediments to characterize significant hydrologic features such as: Surface drainage patterns and quantities, areas of erosion and sediment deposition, surface waters, floodplains, and actual or potential hazardous substance migration routes towards and within these features. Sufficient surface water and sediment sampling shall be performed to adequately characterize the areal and vertical distribution and concentrations of hazardous substances. Properties of surface and subsurface sediments that are likely to influence the type and rate of hazardous substance migration, or are likely to affect the ability to implement alternative cleanup actions shall be characterized.
(B) Soils. Investigations to adequately characterize the areal and vertical distribution and concentrations of hazardous substances in the soil due to the release. Properties of surface and subsurface soils that are likely to influence the type and rate of hazardous substance migration, or which are likely to affect the ability to implement alternative cleanup actions shall be characterized.
(C) Geology and ground water system characteristics. Investigations of site geology and hydrogeology to adequately characterize the areal and vertical distribution and concentrations of hazardous substances in the ground water and those features which affect the fate and transport of these hazardous substances. This shall include, as appropriate, the description, physical properties and distribution of bedrock and unconsolidated materials; ground water flow rate and gradient for affected and potentially affected ground waters; ground water divides; areas of ground water recharge and discharge; location of public and private production wells; and ground water quality data.
(D) Air. An evaluation of air quality impacts, including sampling, where appropriate, and information regarding local and regional climatological characteristics which are likely to affect the hazardous substance migration such as seasonal patterns of rainfall, the magnitude and frequency of significant storm events, temperature extremes, prevailing wind direction, variations in barometric pressure, and wind velocity.
(E) Land use. Information regarding present and proposed land and resource uses and zoning for the site and potentially affected areas and information characterizing human and ecological populations that are reasonably likely to be exposed or potentially exposed to the release based on such use.
(F) Natural resources and ecological receptors.
(I) Information to determine the impact or potential impact of the hazardous substance from the facility on natural resources and ecological receptors, including any information needed to conduct a terrestrial ecological evaluation, under WAC 173-340-7492 or 173-340-7493, or to establish an exclusion under WAC 173-340-7491.
(II) Where appropriate, a terrestrial ecological evaluation may be conducted so as to avoid duplicative studies of soil contamination that will be remediated to address other concerns, such as protection of human health. This may be accomplished by evaluating residual threats to the environment after cleanup action alternatives for human health protection have been developed. If this approach is used, the remedial investigation may be phased. Examples of sites where this approach may not be appropriate include: A site contaminated with a hazardous substance that is primarily an ecological concern and will not obviously be addressed by the cleanup action for the protection of human health, such as zinc; or a site where the development of a human health based remedy is expected to be a lengthy process, and postponing the terrestrial ecological evaluation would cause further harm to the environment.
(III) If it is determined that a simplified or site-specific terrestrial ecological evaluation is not required under WAC 173-340-7491, the basis for this determination shall be included in the remedial investigation report.
(G) Hazardous substance sources. A description of and sufficient sampling to define the location, quantity, areal and vertical extent, concentration within and sources of releases. Where relevant, information on the physical and chemical characteristics, and the biological effects of hazardous substances shall be provided.
(H) Regulatory classifications. Regulatory designations classifying affected air, surface water and ground water, if any.
(iv) Workplans. A safety and health plan and a sampling and analysis plan shall be prepared as part of the remedial investigation/feasibility study. These plans shall conform to the requirements specified in WAC 173-340-810 and 173-340-820.
(v) Other information. Other information may be required by the department.
(8) Procedures for conducting a feasibility study.
(a) Purpose. The purpose of the feasibility study is to develop and evaluate cleanup action alternatives to enable a cleanup action to be selected for the site. If concentrations of hazardous substances do not exceed the cleanup level at a standard point of compliance, no further action is necessary.
(b) Screening of alternatives. An initial screening of alternatives to reduce the number of alternatives for the final detailed evaluation may be appropriate. The person conducting the feasibility study may initially propose cleanup action alternatives or components to be screened from detailed evaluation. The department shall make the final determination of which alternatives must be evaluated in the feasibility study. The following cleanup action alternatives or components may be eliminated from the feasibility study:
(i) Alternatives that, based on a preliminary analysis, the department determines so clearly do not meet the minimum requirements specified in WAC 173-340-360 that a more detailed analysis is unnecessary. This includes those alternatives for which costs are clearly disproportionate under WAC 173-340-360 (3)(e); and
(ii) Alternatives or components that are not technically possible at the site.
(c) Content. A feasibility study shall include the following information as appropriate.
(i) General requirements.
(A) The feasibility study shall include cleanup action alternatives that protect human health and the environment (including, as appropriate, aquatic and terrestrial ecological receptors) by eliminating, reducing, or otherwise controlling risks posed through each exposure pathway and migration route.
(B) A reasonable number and type of alternatives shall be evaluated, taking into account the characteristics and complexity of the facility, including current site conditions and physical constraints.
(C) Each alternative may consist of one or more cleanup action components, including, but not limited to, components that reuse or recycle the hazardous substances, destroy or detoxify the hazardous substances, immobilize or solidify the hazardous substances, provide for on-site or off-site disposal of the hazardous substances in an engineered, lined and monitored facility, on-site isolation or containment of the hazardous substances with attendant engineering controls, and institutional controls and monitoring.
(D) Alternatives may, as appropriate, include remediation levels to define when particular cleanup action components will be used. Alternatives may also include different remediation levels for the same component. For example, alternatives that excavate and treat soils at varying concentrations may be appropriate to evaluate. See WAC 173-340-355 for detailed information on establishing potential remediation levels to be evaluated in the feasibility study.
(E) If necessary, evaluate the residual threats that would accompany each alternative and determine if remedies that are protective of human health will also be protective of ecological receptors. See subsection (7)(c)(iii)(F) of this section.
(F) The feasibility study shall include alternatives with the standard point of compliance for each environmental media containing hazardous substances, unless those alternatives have been eliminated under (b) of this subsection, and may include, as appropriate, alternatives with conditional points of compliance. (continued)