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(continued)
To ensure that such man-made barriers are maintained, a restrictive covenant shall be required by the department under WAC 173-340-440 under a consent decree, agreed order or enforcement order, or as a condition to a written opinion regarding the adequacy of an independent remedial action under WAC 173-340-515(3).
(iii) Terrestrial ecological receptors of concern. Identify current or potential future terrestrial species groups reasonably likely to live or feed at the site. Groupings should represent taxonomically related species with similar exposure characteristics. Examples of potential terrestrial species groups include: Vascular plants, ground-feeding birds, ground-feeding small mammal predators, and herbivorous small mammals.
(A) From these terrestrial species groups, select those groups to be included in the evaluation. If appropriate, individual terrestrial receptor species may also be included. In selecting species groups or individual species, the following shall be considered:
(I) Receptors that may be most at risk for significant adverse effects based on the toxicological characteristics of the chemicals of concern, the sensitivity of the receptor, and on the likely degree of exposure.
(II) Public comments.
(III) Species protected under applicable state or federal laws that may potentially be exposed to soil contaminants at the site.
(IV) Receptors to be considered under different land uses, described under WAC 173-340-7490 (3)(b).
(B) Surrogate species for which greater information is available, or that are more suitable for site-specific studies, may be used in the analysis when appropriate for addressing issues raised in the problem formulation step.
(iv) Toxicological assessment. Identify significant adverse effects in the receptors of concern that may result from exposure to the chemicals of concern, based on information from the toxicological literature.
(b) The following is an example of a site-specific issue developed in this step: Is dieldrin contamination a potential threat to reproduction in birds feeding on invertebrates and ingesting soil at the site? If so, what measures will eliminate any significant adverse effects?
(c) If there are identified information needs for remedy selection or remedial design, these should also be developed as issues for the problem formulation process.
(d) The use of assessment and measurement endpoints, as defined in USEPA Ecological Risk Assessment Guidance for Superfund, 1997, should be considered to clarify the logical structure of the site-specific terrestrial ecological evaluation under this chapter. Assessment endpoints shall be consistent with the policy objectives described in WAC 173-340-7490 (3)(b).
(3) Selection of appropriate terrestrial ecological evaluation methods. If it is determined during the problem formulation step that further evaluation is necessary, the soil concentrations listed in Table 749-3 may be used as the cleanup level at the discretion of the person conducting the evaluation. Alternatively, one or more of the following methods listed in (a) through (g) of this subsection that are relevant to the issues identified in the problem formulation step and that meet the requirements of WAC 173-340-7490 (1)(a) shall be conducted. The alternative methods available for conducting a site-specific terrestrial ecological evaluation include the following:
(a) Literature survey. An analysis based on a literature survey shall be conducted in accordance with subsection (4) of this section and may be used for purposes including the following:
(i) Developing a soil concentration for chemicals not listed in Table 749-3.
(ii) Identifying a soil concentration for the protection of plants or soil biota more relevant to site-specific conditions than the value listed in Table 749-3.
(iii) Obtaining a value for any of the wildlife exposure model variables listed in Table 749-5 to calculate a soil concentration for the protection of wildlife more relevant to site-specific conditions than the values listed in Table 749-3.
(b) Soil bioassays.
(i) Bioassays may use sensitive surrogate organisms not necessarily found at the site provided that the test adequately addresses the issues raised in the problem formulation step. For issues where existing or potential threats to plant life are a concern, the test described in Early Seedling Growth Protocol for Soil Toxicity Screening. Ecology Publication No. 96-324 may be used. For sites where risks to soil biota are a concern, the test described in Earthworm Bioassay Protocol for Soil Toxicity Screening. Ecology Publication No. 96-327 may be used. Other bioassay tests approved by the department may also be used.
(ii) Soil concentrations protective of soil biota or plants may also be established with soil bioassays that use species ecologically relevant to the site rather than standard test species. Species that do or could occur at the site are considered ecologically relevant.
(c) Wildlife exposure model. Equations and exposure parameters to be used in calculating soil concentrations protective of terrestrial wildlife are provided in Tables 749-4 and 749-5. Changes to this model may be approved by the department under the following conditions:
(i) Alternative values for parameters listed in Table 749-5 may be used if they can be demonstrated to be more relevant to site-specific conditions (for example, the value is based on a chemical form of a hazardous substance actually present at the site). An alternative value obtained from the literature shall be supported by a literature survey conducted in accordance with subsection (4) of this section.
(ii) Receptor species of concern or exposure pathways identified in the problem formulation step may be added to the model if appropriate on a site-specific basis.
(iii) A substitution for one or more of the receptor species listed in Table 749-4 may be made under subsection (7) of this section.
(d) Biomarkers. Biomarker methods may be used if the measurements have clear relevance to issues raised in the problem formulation and the approach has a high probability of detecting a significant adverse effect if it is occurring at the site. The person conducting the evaluation may elect to use criteria such as biomarker effects that serve as a sensitive surrogate for significant adverse effects.
(e) Site-specific field studies. Site-specific empirical studies that involve hypothesis testing should use a conventional "no difference" null hypothesis (e.g., H0: Earthworm densities are the same in the contaminated area and the reference (control) area. HA: Earthworm densities are higher in the reference area than in the contaminated area). In preparing a work plan, consideration shall be given to the adequacy of the proposed study to detect an ongoing adverse effect and this issue shall be addressed in reporting results from the study.
(f) Weight of evidence. A weight of evidence approach shall include a balance in the application of literature, field, and laboratory data, recognizing that each has particular strengths and weaknesses. Site-specific data shall be given greater weight than default values or assumptions where appropriate.
(g) Other methods approved by the department. This may include a qualitative evaluation if relevant toxicological data are not available and cannot be otherwise developed (e.g., through soil bioassay testing).
(4) Literature surveys.
(a) Toxicity reference values or soil concentrations established from the literature shall represent the lowest relevant LOAEL found in the literature. Bioaccumulation factor values shall represent a reasonable maximum value from relevant information found in the literature. In assessing relevance, the following principles shall be considered:
(i) Literature benchmark values should be obtained from studies that have test conditions as similar as possible to site conditions.
(ii) The literature benchmark values or toxicity reference values should correspond to the exposure route being assessed.
(iii) The toxicity reference value or bioaccumulation factor value shall be as appropriate as possible for the receptor being assessed. The toxicity reference value should be based on a significant endpoint, as described in subsection (2) of this section.
(iv) The literature benchmark value or toxicity reference value should preferably be based on chronic exposure.
(v) The literature benchmark value, toxicity reference value, or bioaccumulation factor should preferably correspond to the chemical form being assessed. Exceptions may apply for toxicity reference values where documented biological transformations occur following uptake of the chemical or where chemical transformations are known to occur in the environment under conditions appropriate to the site.
(b) A list of relevant journals and other literature consulted in the survey shall be provided to the department. A table summarizing information from all relevant studies shall be provided to the department in a report, and the studies used to select a proposed value shall be identified. Copies of literature cited in the table that are not in the possession of the department shall be provided with the report. The department may identify relevant articles, books or other documents that shall be included in the survey.
(5) Uncertainty analysis. If a site-specific terrestrial ecological evaluation includes an uncertainty analysis, the discussion of uncertainty shall identify and differentiate between uncertainties that can and cannot be quantified, and natural variability. The discussion shall describe the range of potential ecological risks from the hazardous substances present at the site, based on the toxicological characteristics of the hazardous substances present, and evaluate the uncertainty regarding these risks. Potential methods for reducing uncertainty shall also be discussed, such as additional studies or post-remedial monitoring. If multiple lines of independent evidence have been developed, a weight of evidence approach may be used in characterizing uncertainty.
(6) New scientific information. The department shall consider proposals for modifications to default values provided in this section based on new scientific information in accordance with WAC 173-340-702 (14), (15) and (16).
(7) Substitute receptor species. Substitutions of receptor species and the associated values in the wildlife exposure model described in Table 749-4 may be made subject to the following conditions:
(a) There is scientifically supportable evidence that a receptor identified in Table 749-4 is not characteristic or a reasonable surrogate for a receptor that is characteristic of the ecoregion where the site is located. "Ecoregions" are defined using EPA's Ecoregions of the Pacific Northwest Document No. 600/3-86/033 July 1986 by Omernik and Gallant.
(b) The proposed substitute receptor is characteristic of the ecoregion where the site is located and will serve as a surrogate for wildlife species that are, or may become exposed to soil contaminants at the site. The selected surrogate shall be a species that is expected to be vulnerable to the effects of soil contamination relative to the current default species because of high exposure or known sensitivity to hazardous substances found in soil at the site.
(c) Scientific studies concerning the proposed substitute receptor species are available in the literature to select reasonable maximum exposure estimates for variables listed in Table 749-4.
(d) In choosing among potential substitute receptor species that meet the criteria in (b) and (c) of this subsection, preference shall be given to the species most ecologically similar to the default receptor being replaced.
(e) Unless there is clear and convincing evidence that they are not characteristic of the ecoregion where the site is located, the following groups shall be included in the wildlife exposure model: A small mammalian predator on soil-associated invertebrates, a small avian predator on soil-associated invertebrates, and a small mammalian herbivore.
(f) To account for uncertainties in the level of protection provided to substitute receptor species and toxicologically sensitive species, the department may require any of the following:
(i) Use of toxicity reference values based on no observed adverse effects levels.
(ii) Use of uncertainty factors to account for extrapolations between species in toxicity or exposure parameter values; or
(iii) Use of a hazard index approach for multiple contaminants to account for additive toxic effects.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-7493, filed 2/12/01, effective 8/15/01.]
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173-340-7494
Priority contaminants of ecological concern.
When the department determines that such measures are necessary to protect the environment, the department may revise the hazardous substances and corresponding concentrations included in Table 749-2, subject to the following:
(1) The data indicate a significant tendency of the hazardous substance to persist, bioaccumulate, or be highly toxic to terrestrial ecological receptors;
(2) The concentrations for hazardous substances listed in Table 749-2 shall be based on protection of wildlife for industrial and commercial land uses, and upon protection of plants and animals for other land uses.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-7494, filed 2/12/01, effective 8/15/01.]
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173-340-750
Cleanup standards to protect air quality.
(1) General considerations.
(a) This section applies whenever it is necessary to establish air cleanup standards to determine if air emissions at a site pose a threat to human health or the environment. It applies to ambient (outdoor) air and air within any building, utility vault, manhole or other structure large enough for a person to fit into. This section does not apply to concentrations of hazardous substances in the air originating from an industrial or commercial process or operation or to hazardous substances in the air originating from an off-site source. This section does apply to concentrations of hazardous substances in the air originating from other contaminated media or a remedial action at the site. Air cleanup standards shall be established at the following sites:
(i) Where a nonpotable ground water cleanup level is being established for volatile organic compounds using a site-specific risk assessment under WAC 173-340-720(6).
(ii) Where a soil cleanup level that addresses vapors or dust is being established under WAC 173-340-740 or 173-340-745.
(iii) Where it is necessary to establish air emission limits for a remedial action.
(iv) At other sites as determined by the department.
(b) Cleanup levels to protect air quality shall be based on estimates of the reasonable maximum exposure expected to occur under both current and future site use conditions. The department has determined that residential site use will generally require the most protective air cleanup levels and that exposure to hazardous substances under these conditions represents the reasonable maximum exposure. Air cleanup levels shall use this presumed exposure scenario and be established in accordance with subsection (3) of this section unless the site qualifies for a Method C air cleanup level. If a site qualifies for a Method C air cleanup level, subsection (4) of this section shall be used to establish air cleanup levels.
(c) In the event of a release or potential release of hazardous substances into the air at a site at which this section applies under (a) of this subsection, a cleanup action that complies with this chapter shall be conducted to address all areas of the site where the concentration of the hazardous substances in the air exceeds cleanup levels.
(d) Air cleanup levels shall be established at concentrations that do not directly or indirectly cause violations of ground water, surface water, or soil cleanup standards established under this chapter or applicable state and federal laws. A site that qualifies for a Method C air cleanup level under this section does not necessarily qualify for a Method C cleanup level in other media. Each medium must be evaluated separately using the criteria applicable to that medium.
(e) The department may require more stringent air cleanup standards than required by this section where, based on a site-specific evaluation, the department determines that this is necessary to protect human health and the environment. Any imposition of more stringent requirements under this provision shall comply with WAC 173-340-702 and 173-340-708.
(2) Method A air cleanup levels.
This section does not provide procedures for establishing Method A cleanup levels. Method B or C, as appropriate, shall be used to establish air cleanup levels.
(3) Method B air cleanup levels.
(a) Applicability. Method B air cleanup levels consist of standard and modified cleanup levels as described in this subsection. Either standard or modified Method B air cleanup levels may be used at any site.
(b) Standard Method B air cleanup levels. Standard Method B cleanup levels for air shall be at least as stringent as all of the following:
(i) Applicable state and federal laws. Concentrations established under applicable state and federal laws; and
(ii) Human health protection. For hazardous substances for which sufficiently protective health-based criteria or standards have not been established under applicable state and federal laws, those concentrations which protect human health and the environment as determined by the following methods:
(A) Noncarcinogens. Concentrations that are estimated to result in no acute or chronic toxic effects on human health and are determined using the following equation and standard exposure assumptions:
[Equation 750-1]
Air cleanup level (ug/m3)
= RfD x ABW x UCF x HQ x AT
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BR x ABS x ED x EF
Where:
RfD = Reference dose as specified in WAC 173-340-708(7) (mg/kg-day)
ABW = Average body weight over the exposure duration (16 kg)
UCF = Unit conversion factor (1,000 ug/mg)
BR = Breathing rate (10 m3/day)
ABS = Inhalation absorption fraction (1.0) (unitless)
HQ = Hazard quotient (1) (unitless)
AT = Averaging time (6 years)
ED = Exposure duration (6 years)
EF = Exposure frequency (1.0) (unitless)
(B) Carcinogens. For known or suspected carcinogens, concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to one in one million (1 x 10-6) and are determined using the following equation and standard exposure assumptions:
[Equation 750-2]
Air cleanup level
(ug/m3)
= RISK x ABW x AT x UCF
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CPF x BR x ABS x ED x EF
Where:
RISK = Acceptable cancer risk level (1 in 1,000,000) (unitless)
ABW = Average body weight over the exposure duration (70 kg)
AT = Averaging time (75 years)
UCF = Unit conversion factor (1,000 ug/mg)
CPF = Carcinogenic potency factor as specified in WAC 173-340-708(8) (kg-day/mg)
BR = Breathing rate (20 m3/day)
ABS = Inhalation absorption fraction (1.0) (unitless)
ED = Exposure duration (30 years)
EF = Exposure frequency (1.0) (unitless)
(C) Petroleum mixtures. For noncarcinogenic effects of petroleum mixtures, a total petroleum hydrocarbon cleanup level shall be calculated using Equation 750-1 and by taking into account the additive effects of the petroleum fractions and volatile organic compounds present in the petroleum mixture. Cleanup levels for other noncarcinogens and known or suspected carcinogens within the petroleum mixture shall be calculated using Equations 750-1 and 750-2. See Table 830-1 for the analyses required for various petroleum products to use this method.
(iii) Lower explosive limit limitation. Standard Method B air cleanup levels shall not exceed ten percent (10%) of the lower explosive limit for any hazardous substance or mixture of hazardous substances.
(c) Modified Method B air cleanup levels. Modified Method B air cleanup levels are standard Method B air cleanup levels modified with chemical-specific or site-specific data. When making these adjustments, the resultant cleanup levels shall meet applicable state and federal laws, health risk levels and explosive limit limitations required for standard Method B air cleanup levels. Changes to exposure assumptions must comply with WAC 173-340-708(10). The following adjustments may be made to the default assumptions in the standard Method B equations to derive modified Method B cleanup levels:
(i) The inhalation absorption percentage may be modified if the requirements of WAC 173-340-702 (14), (15), (16) and WAC 173-340-708(10) are met;
(ii) Adjustments to the reference dose and cancer potency factor may be made if the requirements in WAC 173-340-708 (7) and (8) are met;
(iii) The toxicity equivalency factor procedures described in WAC 173-340-708(8) may be used for assessing the potential carcinogenic risk of mixtures of chlorinated dibenzo-p-dioxins, chlorinated dibenzofurans and polycyclic aromatic hydrocarbons;
(iv) Modifications incorporating new science as provided for in WAC 173-340-702 (14), (15) and (16); and
(d) Using modified Method B to evaluate air remediation levels. In addition to the adjustments allowed under subsection (3)(c) of this section, adjustments to the reasonable maximum exposure scenario or default exposure assumptions are allowed when using a quantitative site-specific risk assessment to evaluate the protectiveness of a remedy. See WAC 173-340-355, 173-340-357 and 173-340-708 (3)(d) and (10)(b).
(4) Method C air cleanup levels.
(a) Applicability. Method C air cleanup levels consist of standard and modified cleanup levels as described in this subsection. Method C air cleanup levels may be approved by the department if the person undertaking the cleanup action can demonstrate that the site qualifies for use of Method C under WAC 173-340-706(1).
(b) Standard Method C air cleanup levels. Standard Method C air cleanup levels for ambient air shall be at least as stringent as all of the following:
(i) Applicable state and federal laws. Concentrations established under applicable state and federal laws;
(ii) Human health protection. For hazardous substances for which sufficiently protective health-based criteria or standards have not been established under applicable state and federal laws, concentrations that protect human health and the environment as determined by the following methods:
(A) Noncarcinogens. Concentrations that are anticipated to result in no significant acute or chronic effects on human health and are estimated in accordance with Equation 750-1 except that the average body weight shall be 70 kg and the estimated breathing rate shall be 20 m3/day;
(B) Carcinogens. For known or suspected carcinogens, concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to one in one hundred thousand (1 x 10-5) and are determined in accordance with Equation 750-2.
(C) Petroleum mixtures. Cleanup levels for petroleum mixtures shall be calculated as specified in subsection (3)(b)(ii)(C) of this section, except that the average body weight shall be 70 kg and the estimated breathing rate shall be 20m3/day.
(iii) Lower explosive limit limitation. Standard Method C air cleanup levels shall not exceed ten percent (10%) of the lower explosive limit for any hazardous substance or mixture of hazardous substances.
(c) Modified Method C air cleanup levels. Modified Method C air cleanup levels are standard Method C air cleanup levels modified with chemical-specific or site-specific data. The same limitations and adjustments specified in subsection (3)(c) of this section apply to modified Method C cleanup levels.
(d) Using modified Method C to evaluate air remediation levels. In addition to the adjustments allowed under subsection (4)(c) of this section, adjustments to the reasonable maximum exposure scenario or default exposure assumptions are allowed when using a quantitative site-specific risk assessment to evaluate the protectiveness of a remedy. See WAC 173-340-355, 173-340-357 and 173-340-708 (3)(d) and (10)(b).
(5) Adjustments to air cleanup levels.
(a) Total site risk adjustments. Air cleanup levels for individual hazardous substances developed in accordance with subsections (3) and (4) of this section, including cleanup levels based on applicable state and federal laws, shall be adjusted downward to take into account exposure to multiple hazardous substances and/or exposure resulting from more than one pathway of exposure. These adjustments need to be made only if, without these adjustments, the hazard index would exceed one (1) or the total excess cancer risk would exceed one in one hundred thousand (1 x 10-5). These adjustments shall be made in accordance with the procedures in WAC 173-340-708 (5) and (6). In making these adjustments, the hazard index shall not exceed one (1) and the total excess cancer risk shall not exceed one in one hundred thousand (1 x 10-5).
(b) Adjustments to applicable state and federal laws. Where a cleanup level developed under subsection (3) or (4) of this section is based on an applicable state or federal law and the level of risk upon which the standard is based exceeds an excess cancer risk of one in one hundred thousand (1 x 10-5) or a hazard index of one (1), the cleanup level must be adjusted downward so that the total excess cancer risk does not exceed one in one hundred thousand (1 x 10-5) and the hazard index does not exceed one (1) at the site.
(c) Natural background and PQL considerations. Cleanup levels determined under subsection (3) or (4) of this section, including cleanup levels adjusted under (a) or (b) of this subsection, shall not be set at levels below the practical quantitation limit or natural background, whichever is higher. See WAC 173-340-709 and 173-340-707 for additional requirements pertaining to practical quantitation limits and natural background.
(6) Points of compliance. Cleanup levels established under this section shall be attained in the ambient air throughout the site. For sites determined to be industrial sites under the criteria in WAC 173-340-745, the department may approve a conditional point of compliance not to exceed the property boundary. A conditional point of compliance shall not be approved if use of a conditional point of compliance would pose a threat to human health or the environment.
(7) Compliance monitoring.
(a) Where air cleanup levels have been established at a site, monitoring may be required to be conducted to determine if compliance with the air cleanup levels has been achieved. Sampling and analytical procedures shall be defined in a compliance monitoring plan prepared under WAC 173-340-410. The sample design shall provide data that are representative of the site.
(b) Data analysis and evaluation procedures used to evaluate compliance with air cleanup levels shall be defined in a compliance monitoring plan prepared under WAC 173-340-410.
(c) Averaging times specified in applicable state and federal laws shall be used to demonstrate compliance with those requirements.
(d) When cleanup levels are not based on applicable state and federal laws, the following averaging times shall be used:
(i) Compliance with air cleanup levels for noncarcinogens shall be based on twenty-four-hour time weighted averages except where the cleanup level is based upon an inhalation reference dose which specifies an alternate averaging time;
(ii) Compliance with air cleanup levels for carcinogens shall be based on annual average concentrations.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-750, filed 2/12/01, effective 8/15/01; 91-04-019, § 173-340-750, filed 1/28/91, effective 2/28/91.]
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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173-340-760
Sediment cleanup standards.
In addition to complying with the requirements in this chapter, sediment cleanup actions conducted under this chapter must comply with the requirements of chapter 173-204 WAC.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-760, filed 2/12/01, effective 8/15/01; 91-04-019, § 173-340-760, filed 1/28/91, effective 2/28/91.]
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173-340-800
Property access.
(1) Normal entry procedures. Whenever there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents or contractors may, after reasonable notice, enter upon any real property, public or private, to conduct investigations or remedial actions. The notice shall briefly describe the reason for requesting access. For the purpose of this subsection, unless earlier access is granted, reasonable notice shall mean:
(a) Written notice to the site owner and operator to the extent known to the department, sent through the United States Postal Service at least three days before entry; or
(b) Notice to the site owner and operator to the extent known to the department, in person or by telephone at least twenty-four hours before entry.
(2) Notification of property owner. The department shall ask a resident, occupant, or other persons in custody of the site to identify the name and address of owners of the property. If an owner is identified who has not been previously notified, the department shall make a prompt and reasonable effort to notify such owners of remedial actions planned or conducted.
(3) Orders and consent decrees. Whenever investigations or remedial actions are conducted under a decree or order, a potentially liable person shall not deny access to the department's authorized employees, agents, or contractors to enter and move freely about the property to oversee and verify investigations and remedial actions being performed.
(4) Ongoing operations. Persons gaining access under this section shall take all reasonable precautions to avoid disrupting the ongoing operations on a site. Such persons shall comply with all state and federal safety and health requirements that the department determines to be applicable.
(5) Access to documents. The department's authorized employees, agents or contractors may, after reasonable notice, enter property for the purpose of inspecting documents relating to a release or threatened release at the facility. Persons maintaining such documents shall:
(a) Provide access during normal business hours and allow the department to copy these documents; or
(b) At the department's request, provide legible copies of the requested documents to the department.
(6) Emergency entry. Notice by the department's authorized employees, agents, or contractors is not required for entry onto property to investigate, mitigate, or abate an emergency posed by the release or threatened release of a hazardous substance. The department will make efforts that are reasonable under the circumstances to promptly notify those owners and operators to the extent known to the department of the actions taken.
(7) Other authorities. Where consent has not been obtained for entry, the department shall secure access in a manner consistent with state and federal law, including compliance with any warrant requirements. Nothing in this chapter shall affect site access authority granted under other state laws and regulations.
(8) Access by potentially liable persons. The department shall make reasonable efforts to facilitate access to real property and documents for persons who are conducting remedial actions under either an order or decree.
(9) Information sharing. The department will provide the documents and factual information on releases or threatened releases obtained through this section to persons who request such in accordance with chapter 42.17 RCW and chapter 173-03 WAC. The department does not intend application of these authorities to limit its sharing of such factual information.
(10) Split samples. Whenever the department intends to perform sampling at a site, it shall indicate in its notification under subsection (1) of this section whether sampling may occur. The person receiving notice may take split samples, provided this does not interfere with the department's sampling.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-800, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-800, filed 4/3/90, effective 5/4/90.]
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173-340-810
Worker safety and health.
(1) General provisions. Requirements under the Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.) and the Washington Industrial Safety and Health Act (chapter 49.17 RCW), and regulations promulgated pursuant thereto shall be applicable to remedial actions taken under this chapter. These requirements are subject to enforcement by the designated federal and state agencies. All governmental agencies and private employers are directly responsible for the safety and health of their own employees and compliance with those requirements. Actions taken by the department under this chapter do not constitute an exercise of statutory authority within the meaning of section (4)(b)(1) of the Occupational Safety and Health Act.
(2) Safety and health plan. Persons responsible for undertaking remedial actions under this chapter shall prepare a health and safety plan when required by chapter 296-62 WAC. Plans prepared under an order or decree shall be submitted for the department's review and comment. The safety and health plan must be consistent with chapter 49.17 RCW and regulations adopted under that authority.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-810, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-810, filed 4/3/90, effective 5/4/90.]
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173-340-820
Sampling and analysis plans.
(1) Purpose. A sampling and analysis plan is a document that describes the sample collection, handling, and analysis procedures to be used at a site.
(2) General requirements. A sampling and analysis plan shall be prepared for all sampling activities that are part of an investigation or a remedial action unless otherwise directed by the department and except for emergencies. The level of detail required in the sampling and analysis plan may vary with the scope and purpose of the sampling activity. Sampling and analysis plans prepared under an order or decree shall be submitted to the department for review and approval.
(3) Contents. The sampling and analysis plan shall specify procedures, that ensure sample collection, handling, and analysis will result in data of sufficient quality to plan and evaluate remedial actions at the site. Additionally, information necessary to ensure proper planning and implementation of sampling activities shall be included. References to standard protocols or procedures manuals may be used provided the information referenced is readily available to the department. The sampling and analysis plan shall contain:
(a) A statement on the purpose and objectives of the data collection, including quality assurance and quality control requirements;
(b) Organization and responsibilities for the sampling and analysis activities;
(c) Requirements for sampling activities including:
(i) Project schedule;
(ii) Identification and justification of location and frequency of sampling;
(iii) Identification and justification of parameters to be sampled and analyzed;
(iv) Procedures for installation of sampling devices;
(v) Procedures for sample collection and handling, including procedures for personnel and equipment decontamination;
(vi) Procedures for the management of waste materials generated by sampling activities, including installation of monitoring devices, in a manner that is protective of human health and the environment;
(vii) Description and number of quality assurance and quality control samples, including blanks and spikes;
(viii) Protocols for sample labeling and chain of custody; and
(ix) Provisions for splitting samples, where appropriate.
(d) Procedures for analysis of samples and reporting of results, including:
(i) Detection or quantitation limits;
(ii) Analytical techniques and procedures;
(iii) Quality assurance and quality control procedures; and
(iv) Data reporting procedures, and where appropriate, validation procedures.
The department shall make available guidance for preparation of sampling and analysis plans.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-820, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-820, filed 4/3/90, effective 5/4/90.]
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173-340-830
Analytical procedures.
(1) Purpose. This section specifies acceptable analytical methods and other testing requirements for sites where remedial action is being conducted under this chapter.
(2) General requirements.
(a) All hazardous substance analyses shall be conducted by a laboratory accredited under chapter 173-50 WAC, unless otherwise approved by the department.
(b) All analytical procedures used shall be conducted in accordance with a sampling and analysis plan prepared under WAC 173-340-820.
(c) Tests for which methods have not been specified in this section shall be performed using standard methods or procedures such as those specified by the American Society for Testing of Materials, when available, unless otherwise approved by the department.
(d) Samples shall be analyzed consistent with methods appropriate for the site, the media being analyzed, the hazardous substances being analyzed for, and the anticipated use of the data.
(e) The department may require or approve modifications to the standard analytical methods identified in subsection (3) of this section to provide lower quantitation limits, improved accuracy, greater precision, or to address the factors in (d) of this subsection.
(f) Limits of quantitation. Laboratories shall achieve the lowest practical quantitation limits consistent with the selected method and WAC 173-340-707.
(g) Where there is more than one method specified in subsection (3) of this section with a practical quantitation limit less than the cleanup standard, any of the methods may be selected. In these situations, considerations in selecting a particular method may include confidence in the data, analytical costs, and considerations relating to quality assurance or analysis efficiencies.
(h) The department may require an analysis to be conducted by more than one method in order to provide higher data quality. For example, the department may require that different separation and detection techniques be used to verify the presence of a hazardous substance ("qualification") and determine the concentration of the hazardous substance ("quantitation").
(i) The minimum testing requirements for petroleum contaminated sites are identified in Table 830-1.
(3) Analytical methods.
(a) The methods used for sample collection, sample preservation, transportation, allowable time before analysis, sample preparation, analysis, method detection limits, practical quantitation limits, quality control, quality assurance and other technical requirements and specifications shall comply with the following requirements, as applicable:
(i) Method 1. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, U.S. EPA, SW-846, fourth update (2000);
(ii) Method 2. Guidelines Establishing Test Procedures for the Analysis of Pollutants, 40 C.F.R. Chapter 1, Part 136, and Appendices A, B, C, and D, U.S. EPA, July 1, 1999;
(iii) Method 3. Standard Methods for the Examination of Water and Wastewater, American Public Health Association, American Water Works Association, and Water Pollution Control Federation, 20th edition, 1998;
(iv) Method 4. Recommended Protocols for Measuring Selected Environmental Variables in Puget Sound, Puget Sound Estuary Program/Tetra Tech, 1996 edition;
(v) Method 5. Quality Assurance Interim Guidelines for Water Quality Sampling and Analysis, Ground Water Management Areas Program, Washington Department of Ecology, Water Quality Investigations Section, December 1986;
(vi) Method 6. Analytical Methods for Petroleum Hydrocarbons, Ecology publication #ECY 97-602, June 1997; or
(vii) Equivalent methods subject to approval by the department.
(b) The methods used for a particular hazardous substance at a site shall be selected in consideration of the factors in subsection (2) of this section.
(c) Ground water. Methods 1, 2, 3 and 4, as described in (a) of this subsection, may be used to determine compliance with WAC 173-340-720.
(d) Surface water. Methods 1, 2, 3, 4 and 5 as described in (a) of this subsection, may be used to determine compliance with WAC 173-340-730.
(e) Soil. Method 1, as described in (a) of this subsection, may be used to determine compliance with WAC 173-340-740 and 173-340-745.
(f) Air. Appropriate methods for determining compliance with WAC 173-340-750 shall be selected on a case-by-case basis, in consideration of the factors in subsection (2) of this section.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-830, filed 2/12/01, effective 8/15/01; 91-04-019, § 173-340-830, filed 1/28/91, effective 2/28/91; 90-08-086, § 173-340-830, filed 4/3/90, effective 5/4/90.]
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173-340-840
General submittal requirements.
Unless otherwise specified by the department, all reports, plans, specifications, and similar information submitted under this chapter shall meet the following requirements:
(1) Cover letter. Include a letter describing the submittal and specifying the desired department action or response.
(2) Number of copies. Three copies of the plan or report shall be submitted to the department's office responsible for the facility. The department may require additional copies to meet public participation and interagency coordination needs.
(3) Certification. Except as otherwise provided for in RCW 18.43.130, all engineering work submitted under this chapter shall be under the seal of a professional engineer registered with the state of Washington.
(4) Visuals. Maps, figures, photographs, and tables to clarify information or conclusions shall be legible. All maps, plan sheets, drawings, and cross-sections shall meet the following requirements:
(a) To facilitate filing and handling, be on paper no larger than 24 x 36 inches and no smaller than 8 1/2 x 11 inches. Photo-reduced copies of plan sheets may be submitted provided at least one full-sized copy of the photo-reduced sheets are included in the submittal.
(b) Identify and use appropriate and consistent scales to show all required details in sufficient clarity.
(c) Be numbered, titled, have a legend of all symbols used, and specify drafting or origination dates.
(d) Contain a north arrow.
(e) Use United States Geological Survey datum as a basis for all elevations.
(f) For planimetric views, show a survey grid based on monuments established in the field and referenced to state plane coordinates. This requirement does not apply to conceptual diagrams or sketches when the exact location of items shown is not needed to convey the necessary information.
(g) Where grades are to be changed, show original topography in addition to showing the changed site topography. This requirement does not apply to conceptual diagrams or sketches where before and after topography is not needed to convey the necessary information.
(h) For cross-sections, identify the location and be cross-referenced to the appropriate planimetric view. A reduced diagram of a cross-section location map shall be included on the sheets with the cross-sections.
(5) Sampling data. All sampling data shall be submitted consistent with procedures specified by the department. Unless otherwise specified by the department, all such sampling data shall be submitted in both printed form and an electronic form capable of being transferred into the department's data management system.
(6) Appendix. An appendix providing the principal information relied upon in preparation of the submittal. This should include, for example: A complete citation of references; applicable raw data; a description of, or where readily available, reference to testing and sampling procedures used; relevant calculations; and any other information needed to facilitate review.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-840, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-840, filed 4/3/90, effective 5/4/90.]
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173-340-850
Recordkeeping requirements.
(1) Any remedial actions at a facility must be documented with adequate records. Such records may include: Factual information or data; relevant decision documents; and any other relevant, site-specific documents or information.
(2) Unless otherwise required by the department, records shall be retained for at least ten years from the date of completion of compliance monitoring or as long as any institutional controls (including land use restrictions) remain in effect, whichever is longer.
(3) Records shall be retained by the person taking remedial action, unless the department requires that person to submit the records to the department.
(4) The department shall maintain its records in accordance with chapter 42.17 RCW.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-340-850, filed 2/12/01, effective 8/15/01; 90-08-086, § 173-340-850, filed 4/3/90, effective 5/4/90.]
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173-340-860
Endangerment.
In the event that the department determines that any activity being performed at a hazardous waste site is creating or has the potential to create a danger to human health or the environment, the department may direct such activities to cease for such period of time as it deems necessary to abate the danger.
[Statutory Authority: Chapter 70.105D RCW. 90-08-086, § 173-340-860, filed 4/3/90, effective 5/4/90.]
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173-340-870
Project coordinator.
The potentially liable person shall designate a project coordinator for work performed under an order or decree. The project coordinator shall be the designated representative for the purposes of the order or decree. That person shall coordinate with the department and the public and shall facilitate compliance with requirements of the order or decree.
[Statutory Authority: Chapter 70.105D RCW. 90-08-086, § 173-340-870, filed 4/3/90, effective 5/4/90.]
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173-340-880
Emergency actions.
Nothing in this chapter shall limit the authority of the department, its employees, agents, or contractors to take or require appropriate action in the event of an emergency.
[Statutory Authority: Chapter 70.105D RCW. 90-08-086, § 173-340-880, filed 4/3/90, effective 5/4/90.]
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173-340-890
Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.
[Statutory Authority: Chapter 70.105D RCW. 90-08-086, § 173-340-890, filed 4/3/90, effective 5/4/90.]
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173-340-900
Tables.
Table 720-1
Method A Cleanup Levels for Ground Water.a
Hazardous Substance CAS Number Cleanup Level
Arsenic 7440-38-2 5 ug/literb
Benzene 71-43-25 ug/literc (continued)