Risk Evaluation Process

The following risk evaluation process must be used for petroleum releases EPA’s RSL Calculator (https://epa- prgs.ornl.gov/cgi-bin/chemicals/cslsearch) and VISL Calculator (https://epa-visl.ornl.gov/cgi-bin/vislsearch), or other approved methods, may be used for screening and risk evaluations. (7-1-25) 01. Screening Evaluation. The screening evaluation may be performed at any time during the release response and corrective action process and must include, at a minimum: (7-1-25) a. Collection of media-specific (soil, surface water, groundwater, soil vapor) data; (7-1-25) b. Identification of maximum soil, groundwater, and soil vapor petroleum chemical concentrations for the chemicals identified in Section 800 as appropriate for the petroleum product or products released; and (7-1-25) c. Comparison of the maximum media-specific petroleum contaminant concentrations to the EPA regional screening levels (https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables). If the maximum media-specific petroleum contaminant concentrations at a site do not exceed the screening levels, the owner and/or operator may petition for site closure, subject to other Department regulatory obligations. If the maximum media- specific concentrations at a site exceed the screening levels, the owner and/or operator must proceed to: (7-1-25) i. Adopt the screening levels as remediation standards and develop a CAP to achieve those levels pursuant to Subsection 061.06.b.; or (7-1-25) ii. Perform a site-specific risk evaluation pursuant to Section 300. The Department may require the collection of additional site-specific data prior to the approval of the risk evaluation. (7-1-25) 02. Results of Risk Evaluation. If the results of the approved risk evaluation do not exceed the acceptable target risk level, acceptable target hazard quotient, or acceptable target hazard index specified in Section 300, the owner and/or operator may petition for site closure, subject to other Department regulatory obligations. If the results of the approved risk evaluation indicate exceedance of the acceptable target risk level, acceptable target hazard quotient, or acceptable target hazard index specified in Section 300, the risk evaluation must: (7-1-25) a. Be modified by collection of additional site-specific data, or review of chemical toxicological information, and resubmitted to the Department for review and approval; or (3-31-22) b. Provide the basis for the development of risk-based concentrations, establishment of remediation standards as described in Section 400, and development of a CAP. (7-1-25) 03. Department Review and Approval of Risk Evaluation or CAP. Within thirty (30) days of receipt of the risk evaluation or CAP, the Department will provide in writing either approval, approval with modifications, or rejection of the risk evaluation or CAP. If the Department rejects the risk evaluation or CAP, it will notify the owner and/or operator in writing specifying the reasons for the rejection. If the Department needs additional time to review the documents, it will provide written notice to the owner and/or operator that additional time to review is necessary and will include an estimated time for review. Extension for review time will not exceed one hundred eighty (180) days without a reasonable basis and written notice to the owner and/or operator. (7-1-25) 201. -- 299. (RESERVED)