HAR §11-451-15. Remedial action development and selection

(a) Purpose and goal. The purpose of the remedial action selection process is to select remedial actions that eliminate, reduce, prevent, minimize, mitigate, or control risks to public health or welfare, the environment, or natural resources. The goal of the process is to select remedial actions that provide for efficient, cost effective, and long-term reliable solutions which are protective of public health or welfare, the environment, or natural resources. (b) Developing remedial action alternatives. Alternatives shall be developed that protect public health or welfare, the environment, or natural resources by recycling waste or by eliminating, reducing or controlling risks posed by a site. The number and type of alternatives to be analyzed shall be determined at each site, taking into account the scope, characteristics, and complexity of the site problem that is being addressed. As appropriate, in developing the alternatives, the department shall establish or require to be established acceptable cleanup levels that are protective of public health or welfare, the environment, 451-30 1853 §11-451-15 or natural resources by considering the following: (1) Applicable requirements, if available; (2) For systemic toxicants, acceptable cleanup levels shall represent concentration levels to which the human population, including sensitive subgroups, may be exposed without adverse effect during a lifetime or part of a lifetime, incorporating an adequate margin of safety; (3) For known or suspected carcinogens, acceptable cleanup levels are generally concentration levels that represent an excess upper bound lifetime cancer risk to an individual of between 10⁻⁴ and 10⁻⁶ using information on the relationship between dose and response. The 10⁻⁶ risk level shall be used as the point of departure for determining acceptable cleanup levels for alternatives when chemical specific state or federal requirements are not available or are not sufficiently protective because of the presence of multiple contaminants at a site or multiple pathways of exposure; (4) The findings of the natural resource assessment conducted to address impacts to ecological receptors. (c) Threshold criteria for remedial action alternatives. Based on available information, the department shall not consider or require to be considered, those remedial action alternatives which: (1) Fail to protect public health or welfare, the environment, or natural resources; or (2) Fail to meet applicable requirements. (d) Presumptive remedial actions. The department, to the extent practicable, shall identify, or require to be identified, and select presumptive remedial actions to address sites where the contamination present can be treated, contained, or disposed of in a manner which has proved successful at similar sites with similar contamination. The development and selection of presumptive remedial actions may be based on analyses conducted for other similar sites with similar contamination, with only limited data collection and analysis required for the site under consideration. (e) Source control actions. For source control actions, the department shall develop or require to be developed: (1) One or more alternatives, as determined appropriate by the department, in which treatment that reduces the toxicity, mobility, or volume of the hazardous substances, pollutants, or 451-31 1853