R 299.49 Footnotes for generic cleanup criteria tables.

Rule 49. (1) The footnotes that apply to the generic criteria tables in R 299.44, R 299.46, and R 299.48 are as follows: (A) Criterion is the state of Michigan drinking water standard established pursuant to Section 5 of 1976 PA 399, MCL 325.1005. (B) Background, as defined in R 299.1(b), may be substituted if higher than the calculated cleanup criterion. Background levels may be less than criteria for some inorganic compounds. (C) The criterion developed under R 299.20 to R 299.26 exceeds the chemical-specific soil saturation screening level (Csat). The person proposing or implementing response activity shall document whether additional response activity is required to control free-phase liquids or NAPL to protect against risks associated with free- phase liquids by using methods appropriate for the free-phase liquids present. Development of a site-specific Csat or methods presented in R 299.22, R 299.24(5), and R 299.26(8) may be conducted for the relevant exposure pathways. (D) Calculated criterion exceeds 100 percent, hence it is reduced to 100 percent or 1.0E+9 parts per billion (ppb). (E) Criterion is the aesthetic drinking water value, as required by Section 20120a(5) of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.20120a(5), as amended (NREPA). A notice of aesthetic impact may be employed as an institutional control mechanism if groundwater concentrations exceed the aesthetic drinking water criterion, but do not exceed the applicable health-based drinking water value provided in the following table: Hazardous Substance Chemical Abstract Service Number Residential Health- Based Drinking Water Value Non- Residential Health- Based Drinking Water Value Aluminum 7429905 300 4,100 tertiary Amyl methyl ether 994058 910 2,600 Copper 7440508 1,400 4,000 Diethyl ether 60297 3,700 10,000 Ethylbenzene 100414 700 700 Iron 7439896 2,000 5,600 Manganese 7439965 860 2,500 Methyl-tert-butyl ether (MTBE) 1634044 240 690 Toluene 108883 1,000 1,000 1,2,4-Trimethylbenzene 95636 1,000 2,900 1,3,5-Trimethylbenzene 108678 1,000 2,900 Xylenes 1330207 10,000 10,000 (F) Criterion is based on adverse impacts to plant life and phytotoxicity. (G) Groundwater surface water interface (GSI) criterion depends on the pH or water hardness, or both, of the receiving surface water. The final chronic value (FCV) for the protection of aquatic life shall be calculated based on the pH or hardness of the receiving surface water. Where water hardness exceeds 400 mg CaCO3/L, use 400 mg CaCO3/L for the FCV calculation. The FCV formula provides values in units of ug/L or ppb. The generic GSI criterion is the lesser of the calculated FCV, the wildlife value (WV), and the surface water human non-drinking water value (HNDV). The soil GSI protection criteria for these hazardous substances are the greater of the 20 times the GSI criterion or the GSI soil-water partition values using the GSI criteria developed with the procedure described in this footnote. Hazardous Substance FCV Formula ug/L FCV Conversion Factor (CF) WV ug/L HNDV ug/L Acetate EXP(0.2732*(pH) + 7.0362) NA NA 1.3E+6 Acetic Acid EXP(0.2732*(pH) + 7.0362) NA NA 1.3E+6 Barium EXP(1.0629*(LnH)+1.1869) NA NA 1.6E+5 Beryllium EXP(2.5279*(LnH)-10.7689) NA NA 1,200 Cadmium (EXP(0.7852*(LnH)-2.715))*CF 1.101672- ((LnH)*(0.041838)) NA 130 Chromium (III)  (EXP(0.819*(LnH)+0.6848))*CF 0.86 NA 9,400 Copper (EXP(0.8545*(LnH)-1.702)) *CF 0.96 NA 38,000 Lead (EXP(0.9859*(LnH)-1.270))*CF 1.46203- ((LnH)*(0.14571)) NA 190 Manganese EXP(0.8784*(LnH)+3.5385) NA NA 59,000 Nickel (EXP(0.846*(LnH)+0.0584))*CF 0.997 NA 2.1E+5 Pentachlorophenol EXP(1.005*(pH)-5.134) NA NA 2.8 Zinc (EXP(0.8473*(LnH)+0.884))*CF 0.986 NA 16,000 where, EXP(x) = The base of the natural logarithm raised to power x (ex). LnH = The natural logarithm of water hardness in mg CaCO3/L. * = The multiplication symbol.  = The GSI criterion developed here may not be protective for surface water that is used as a drinking water source. Refer to footnote (X) for further guidance. A spreadsheet that may be used to calculate GSI and GSI protection criteria for (G)-footnoted hazardous substances is available on the Department of Environmental Quality (DEQ) internet web site. (H) Valence-specific chromium data (Cr III and Cr VI) shall be compared to the corresponding valence-specific cleanup criteria. If both Cr III and Cr VI are present in groundwater, the total concentration of both cannot exceed the drinking water criterion of 100 ug/L. If analytical data are provided for total chromium only, they shall be compared to the cleanup criteria for Cr VI. Cr III soil cleanup criterion for protection of drinking water can only be used at sites where groundwater is prevented from being used as a public water supply, currently and in the future, through an approved land or resource use restriction. (I) Hazardous substance may exhibit the characteristic of ignitability as defined in 40 C.F.R. §261.21 (revised as of July 1, 2001), which is adopted by reference in these rules and is available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulation may be purchased, at a cost as of the time of adoption of these rules of $45, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (stock number 869-044-00155-1), or from the DEQ, Remediation and Redevelopment Division (RRD), 525 West Allegan Street, Lansing, Michigan 48933, at cost. (J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations shall be added together for comparison to criteria. (K) Hazardous substance may be flammable or explosive, or both. (L) Criteria for lead are derived using a biologically based model, as allowed for under Sections 20120a(9) of the NREPA, and are not calculated using the algorithms and assumptions specified in pathway-specific rules. The generic residential drinking water criterion of 4 ug/L is linked to the generic residential soil direct contact criterion of 400 mg/kg. A higher concentration in the drinking water, up to the state action level of 15 ug/L, may be allowed as a site-specific remedy and still allow for drinking water use, under Section 20120a(2) and 20120b of the NREPA if soil concentrations are appropriately lower than 400 mg/kg. If a site-specific criterion is approved based on this subdivision, a notice shall be filed on the deed for all property where the groundwater concentrations will exceed 4 ug/L to provide notice of the potential for unacceptable risk if soil or groundwater concentrations increase. Acceptable combinations of site-specific soil and drinking water concentrations are presented in the following table: Acceptable Combinations of Lead in Drinking Water and Soil Drinking Water Concentration (ug/L) Soil Concentration (mg/kg) 5 386-395 6 376-385 7 376-385 8 366-375 9 356-365 10 346-355 11 336-345 12 336-345 13 326-335 14 316-325 15 306-315 (M) Calculated criterion is below the analytical target detection limit, therefore, the criterion defaults to the target detection limit. (N) The concentrations of all potential sources of nitrate-nitrogen (e.g., ammonia-N, nitrite-N, nitrate-N) in groundwater that is used as a source of drinking water shall not, when added together, exceed the nitrate drinking water criterion of 10,000 ug/L. Where leaching to groundwater is a relevant pathway, soil concentrations of all potential sources of nitrate-nitrogen shall not, when added together, exceed the nitrate drinking water protection criterion of 2.0E+5 ug/kg. (O) The concentration of all polychlorinated and polybrominated dibenzodioxin and dibenzofuran isomers present at a facility, expressed as an equivalent concentration of 2,3,7,8-tetrachlorodibenzo-p-dioxin based upon their relative potency, shall be added together and compared to the criteria for 2,3,7,8-tetrachlorodibenzo-p- dioxin. The generic cleanup criteria for 2,3,7,8-tetrachlorodibenzo-p-dioxin are not calculated according to the algorithms presented in R 299.14 to R 299.26. The generic cleanup criteria are being held at the values that the DEQ has used since August 1998, in recognition of the fact that national efforts to reassess risks posed by dioxin are not yet complete. Until these studies are complete, it is premature to select a revised slope factor and/or reference dose for calculation of generic cleanup criteria. (P) Amenable cyanide methods or method OIA-1677 shall be used to quantify cyanide concentrations for compliance with all groundwater criteria. Total cyanide methods or method OIA-1677 shall be used to quantify cyanide concentrations for compliance with soil criteria. Nonresidential direct contact criteria may not be protective of the potential for release of hydrogen cyanide gas. Additional land or resource use restrictions may be necessary to protect for the acute inhalation concerns associated with hydrogen cyanide gas. (Q) Criteria for carcinogenic polycyclic aromatic hydrocarbons were developed using relative potential potencies to benzo(a)pyrene. (R) Hazardous substance may exhibit the characteristic of reactivity as defined in 40 C.F.R. §261.23 (revised as of July 1, 2001), which is adopted by reference in these rules and is available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulation may be purchased, at a cost as of the time of adoption of these rules of $45, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (stock number 869-044-00155-1), or from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933, at cost. (S) Criterion defaults to the hazardous substance-specific water solubility limit. (T) Refer to the federal Toxic Substances Control Act (TSCA), 40 C.F.R. §761, Subpart D and 40 C.F.R. §761, Subpart G, to determine the applicability of TSCA cleanup standards. Subpart D and Subpart G of 40 C.F.R. §761 (July 1, 2001) are adopted by reference in these rules and are available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulations may be purchased, at a cost as of the time of adoption of these rules of $55, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401, or from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933, at cost. Alternatives to compliance with the TSCA standards listed below are possible under 40 C.F.R. §761 Subpart D. New releases may be subject to the standards identified in 40 C.F.R. §761, Subpart G. Use Part 201 soil direct contact cleanup criteria in the following table if TSCA standards are not applicable. Land Use Category TSCA, Subpart D Cleanup Standards Part 201 Soil Direct Contact Cleanup Criteria Residential 1,000 ppb, or 10,000 ppb if capped 4,000 ppb Nonresidential 1,000 ppb, or 10,000 ppb if capped 16,000 ppb (U) Hazardous substance may exhibit the characteristic of corrosivity as defined in 40 C.F.R. §261.22 (revised as of July 1, 2001), which is adopted by reference in these rules and is available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulation may be purchased, at a cost as of the time of adoption of these rules of $45, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (stock number 869-044-00155-1), or from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933, at cost. (V) Criterion is the aesthetic drinking water value as required by Section 20120(a)(5) of the NREPA. Concentrations up to 200 ug/L may be acceptable, and still allow for drinking water use, as part of a site-specific cleanup under Section 20120a(2) and 20120b of the NREPA. (W) Concentrations of trihalomethanes in groundwater shall be added together to determine compliance with the Michigan drinking water standard of 80 ug/L. Concentrations of trihalomethanes in soil shall be added together to determine compliance with the drinking water protection criterion of 1,600 ug/kg. (X) The GSI criterion shown in the generic cleanup criteria tables is not protective for surface water that is used as a drinking water source. For a groundwater discharge to the Great Lakes and their connecting waters or discharge in close proximity to a water supply intake in inland surface waters, the generic GSI criterion shall be the surface water human drinking water value (HDV) listed in the table in this footnote, except for those HDV indicated with an asterisk. For HDV with an asterisk, the generic GSI criterion shall be the lowest of the HDV, the WV, and the calculated FCV. See formulas in footnote (G). Soil protection criteria based on the HDV shall be as listed in the table in this footnote, except for those values with an asterisk. Soil GSI protection criteria based on the HDV shall be as listed in the table in this footnote, except for those values with an asterisk. Soil GSI protection criteria for compounds with an asterisk shall be the greater of 20 times the GSI criterion or the GSI soil-water partition values using the GSI criteria developed with the procedure described in this footnote. Hazardous Substance Chemical Abstract Service Number Surface Water Human Drinking Water Values (HDV) (ug/L) Soil GSI Protection Criteria for HDV (ug/kg) Acrylamide 79061 0.5 (M); 0.12 10 Alachlor 15972608 3.5 88 Antimony 7440360 2.0 (M); 1.7 1,200 Benzene 71432 12 240 Boron 7440428 4,000 80,000 Bromate 15541454 10 (M); 0.5 200 n-Butanol 71363 3,500 70,000 Butyl benzyl phthalate 85687 6.9 13,000 Cadmium 7440439 2.5* * Carbon tetrachloride 56235 5.6 110 Chloride 16887006 50,000 1.0E+6 Chloroethane 75003 170 3,400 Chromium (III) 16065831 120* * Cyanazine 21725462 2.0 (M); 0.93 200 (M); 40 1,2-Dichloroethane 107062 6.0 120 trans-1,2-Dichloroethylene 156605 470 9,400 1,2-Dichloropropane 78875 9.1 180 1,3-Dichloropropene 542756 3.3 100 (M); 66 N,N-Dimethylacetamide 127195 700 14,000 1,4-Dioxane 123911 34 680 Ethylene dibromide 106934 0.17 20 (M); 3.4 Ethylene glycol 107211 56,000 1.1E+6 Hexachloroethane 67721 5.3 310 Isophorone 78591 310 6,200 Isopropyl alcohol 67630 28,000 5.6E+5 Lead 7439921 14* * Manganese 7439965 1,300* * Methanol 67561 14,000 2.8E+5 Methyl-tert-butyl ether (MTBE) 1634044 100 2,000 Methylene chloride 75092 47 940 Molybdenum 7439987 120 2,400 Nitrobenzene 98953 4.7 330 (M); 94 Pentachlorophenol 87865 1.8* * Styrene 100425 20 530 1,2,4,5-Tetrachlorobenzene 95943 2.8 3,300 1,1,2,2-Tetrachloroethane 79345 3.2 64 Tetrachloroethylene 127184 11 220 Tetrahydrofuran 109999 350 7,000 Hazardous Substance Chemical Abstract Service Number Surface Water Human Drinking Water Values (HDV) (ug/L) Soil GSI Protection Criteria for HDV (ug/kg) Thallium 7440280 2.0 (M); 1.2 1,400 1,2,4-Trichlorobenzene 120821 80 4,700 1,1,2-Trichloroethane 79005 12 240 Trichloroethylene 79016 29 580 Vinyl chloride 75014 1.0 (M); 0.25 40 (M); 20 (Y) Source size modifiers shown in the following table shall be used to determine soil inhalation criteria for ambient air when the source size is not one-half acre. The modifier shall be multiplied by the generic soil inhalation criteria shown in the table of generic cleanup criteria to determine the applicable criterion. See Footnote (C). Source Size sq. feet or acres Modifier 400 sq feet 3.17 1000 sq feet 2.2 2000 sq feet 1.76 1/4 acre 1.15 1/2 acre 1 1 acre 0.87 2 acre 0.77 5 acre 0.66 10 acre 0.6 32 acre 0.5 100 acre 0.43 (Z) Mercury is typically measured as total mercury. The generic cleanup criteria, however, are based on data for different species of mercury. Specifically, data for elemental mercury, chemical abstract service (CAS) number 7439976, serve as the basis for the soil volatilization to indoor air criteria, groundwater volatilization to indoor air, and soil inhalation criteria. Data for methyl mercury, CAS number 22967926, serve as the basis for the GSI criterion; and data for mercuric chloride, CAS number 7487947, serve as the basis for the drinking water, groundwater contact, soil direct contact, and the groundwater protection criteria. Comparison to criteria shall be based on species-specific analytical data only if sufficient facility characterization has been conducted to rule out the presence of other species of mercury. (AA) Use 10,000 ug/l where groundwater enters a structure through the use of a water well, sump or other device. Use 28,000 ug/l for all other uses. (BB) The state drinking water standard for asbestos (fibers greater than 10 micrometers in length) is in units of a million fibers per liter of water (MFL). Soil concentrations of asbestos are determined by polarized light microscopy. (CC) Groundwater: The generic GSI criteria are based on the toxicity of unionized ammonia (NH3); the criteria are 29 ug/L and 53 ug/L for cold water and warm water surface water, respectively. As a result, the GSI criterion shall be compared to the percent of the total ammonia concentration in the groundwater that will become NH3 in the surface water. This percent NH3 is a function of the pH and temperature of the receiving surface water and can be estimated using the following table, taken from Emerson, et al., (Journal of the Fisheries Research Board of Canada, Volume 32(12):2382, 1975). Percent NH3 in Aqueous Ammonia Solutions for 0-30 oC and pH 6-10 pH Temp Temp (oF) (oC) 6.0 6.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0 32.0 0 0.00827 0.0261 0.0826 0.261 0.820 2.55 7.64 20.7 45.3 33.8 1 0.00899 0.0284 0.0898 0.284 0.891 2.77 8.25 22.1 47.3 35.6 2 0.00977 0.0309 0.0977 0.308 0.968 3.00 8.90 23.6 49.4 37.4 3 0.0106 0.0336 0.106 0.335 1.05 3.25 9.60 25.1 51.5 pH Temp Temp (oF) (oC) 6.0 6.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0 39.2 4 0.0115 0.0364 0.115 0.363 1.14 3.52 10.3 26.7 53.5 41.0 5 0.0125 0.0395 0.125 0.394 1.23 3.80 11.1 28.3 55.6 42.8 6 0.0136 0.0429 0.135 0.427 1.34 4.11 11.9 30.0 57.6 44.6 7 0.0147 0.0464 0.147 0.462 1.45 4.44 12.8 31.7 59.5 46.4 8 0.0159 0.0503 0.159 0.501 1.57 4.79 13.7 33.5 61.4 48.2 9 0.0172 0.0544 0.172 0.542 1.69 5.16 14.7 35.3 63.3 50.0 10 0.0186 0.0589 0.186 0.586 1.83 5.56 15.7 37.1 65.1 51.8 11 0.0201 0.0637 0.201 0.633 1.97 5.99 16.8 38.9 66.8 53.6 12 0.0218 0.0688 0.217 0.684 2.13 6.44 17.9 40.8 68.5 55.4 13 0.0235 0.0743 0.235 0.738 2.30 6.92 19.0 42.6 70.2 57.2 14 0.0254 0.0802 0.253 0.796 2.48 7.43 20.2 44.5 71.7 59.0 15 0.0274 0.0865 0.273 0.859 2.67 7.97 21.5 46.4 73.3 60.8 16 0.0295 0.0933 0.294 0.925 2.87 8.54 22.8 48.3 74.7 62.6 17 0.0318 0.101 0.317 0.996 3.08 9.14 24.1 50.2 76.1 64.4 18 0.0343 0.108 0.342 1.07 3.31 9.78 25.5 52.0 77.4 66.2 19 0.0369 0.117 0.368 1.15 3.56 10.5 27.0 53.9 78.7 68.0 20 0.0397 0.125 0.396 1.24 3.82 11.2 28.4 55.7 79.9 69.8 21 0.0427 0.135 0.425 1.33 4.10 11.9 29.9 57.5 81.0 71.6 22 0.0459 0.145 0.457 1.43 4.39 12.7 31.5 59.2 82.1 73.4 23 0.0493 0.156 0.491 1.54 4.70 13.5 33.0 60.9 83.2 75.2 24 0.0530 0.167 0.527 1.65 5.03 14.4 34.6 62.6 84.1 77.0 25 0.0569 0.180 0.566 1.77 5.38 15.3 36.3 64.3 85.1 78.8 26 0.0610 0.193 0.607 1.89 5.75 16.2 37.9 65.9 85.9 80.6 27 0.0654 0.207 0.651 2.03 6.15 17.2 39.6 67.4 86.8 82.4 28 0.0701 0.221 0.697 2.17 6.56 18.2 41.2 68.9 87.3 84.2 29 0.0752 0.237 0.747 2.32 7.00 19.2 42.9 70.4 88.3 86.0 30 0.0805 0.254 0.799 2.48 7.46 20.3 44.6 71.8 89.0 The generic approach for estimating NH3 assumes a default pH of 8 and default temperatures of 68F and 85F for cold water and warm water surface water, respectively. The resulting percent NH3 is 3.8 percent and 7.2 percent for cold water and warm water, respectively. This default percentage shall be multiplied by the total ammonia-nitrogen (NH3-N) concentration in the groundwater and the resulting NH3 concentration compared to the applicable GSI criterion. As an alternative, the maximum pH and temperature data from the specific receiving surface water can be used to estimate, from the table in this footnote, a lower percent unionized ammonia concentration for comparison to the generic GSI. Soil: The generic soil GSI protection criteria for unionized ammonia are 580 ug/kg and 1,100 ug/kg for cold water and warm water surface water, respectively. (DD) Hazardous substance causes developmental effects. Residential direct contact criteria are protective of both prenatal and postnatal exposure. Nonresidential direct contact criteria are protective for a pregnant adult receptor. (EE) The following are applicable generic GSI criteria as required by Section 20120e of the NREPA. Hazardous Substance GSI (ug/L) Notes Phosphorus 1,000 Criteria applicable unless receiving water is a surface water that has a phosphorus waste load allocation or is an inland lake. In those cases, contact the department for applicable values. Total dissolved solids (TDS) 5.0E+5 If TDS data are not available, the TDS criterion may be used a screening level for the sum of the concentrations of the following substances: calcium, chlorides, iron, magnesium, potassium, sodium, sulfate. Dissolved Oxygen (DO): Cold receiving waters Warm receiving waters  7,000  5,000 Since a low level of DO can be harmful to aquatic life, the criterion represents a minimum level that on-site samples must exceed. This is in contrast to other criteria which represent “not to exceed” concentrations. DO criteria are not applicable if groundwater Carbonaceous Biochemical Oxygen Demand (CBOD) is less than 10,000 ug/L and groundwater ammonia concentration is less than 2,000 ug/L. (FF) The chloride GSI criterion shall be 125 mg/l when the discharge is to surface waters of the state designated as public water supply sources or 50 mg/l when the discharge is to the Great Lakes or connecting waters. Chloride GSI criteria shall not apply for surface waters of the state that are not designated as a public water supply source, however, the total dissolved solids criterion is applicable. (GG) Risk-based criteria are not available for methane due to insufficient toxicity data. An acceptable soil gas concentration (presented for both residential and nonresidential land uses) was derived utilizing 25 percent of the lower explosive level for methane. This equates to 1.25 percent or 8.4E+6 ug/m3. (HH) The residential criterion for sodium is 230,000 ug/l in accordance with the Sodium Advisory Council recommendation and revised Groundwater Discharge Standards. (II) The residential drinking water criterion for 1,4-dioxane is not calculated using the equations of R 299.10 or the toxicological and chemical-physical data as shown in table 4 of R 299.50. The drinking water criterion is calculated using the United States Environmental Protection Agency’s (U.S. EPA) “Toxicological Review of 1,4-Dioxane,” EPA/635/R-11/003F, September 2013, and the department’s residential exposure algorithms to protect both children and adults from unsafe levels of the chemical. A copy of the U.S. EPA’s “Toxicological Review of 1,4- dioxane,” may be obtained on the U.S. EPA website, www.epa.gov, free of charge as of the time of adoption of these rules. A copy of the department’s residential exposure algorithms may be obtained without charge from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933. “ID” means insufficient data to develop criterion. “NA” means a criterion or value is not available or, in the case of background and CAS numbers, not applicable. “NLL” means hazardous substance is not likely to leach under most soil conditions. “NLV” means hazardous substance is not likely to volatilize under most conditions.