[27 Pa.B. 4181]
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Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 250. ADMINISTRATION OF LAND RECYCLING PROGRAM Subch.
A. GENERAL PROVISIONS B. BACKGROUND STANDARD C. STATEWIDE HEALTH STANDARDS D. SITE-SPECIFIC STANDARD E. SIA STANDARDS F. EXPOSURE AND RISK DETERMINATIONS G. DEMONSTRATION OF ATTAINMENT
Subchapter A. GENERAL PROVISIONS Sec.
250.1. Definitions. 250.2. Application of remediation standards. 250.3. Management of contaminated media. 250.4. Limits related to PQLs. 250.5. Public notice by applicant. 250.6. Public participation. 250.7. Fees. 250.8. Publication. 250.9. Interaction with other environmental statutes. 250.10. Measurement of regulated substances in media. § 250.1. Definitions.
In addition to the words and terms defined in the act, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ASTM--The American Society for Testing and Materials.
Act--The Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.909).
Anisotropy--The variability of a physical property based on direction, for example, variation in permeability in relation to direction of groundwater flow.
Community water system--As defined in the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17), a public water system, which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
Enterprise zone--An area specially designated as an enterprise zone under requirements determined by the Department of Community and Economic Development.
Environmental protection acts--Includes:
(i) The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
(ii) The Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4001.101--4001.1904).
(iii) The Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305).
(iv) The Low-Level Radioactive Waste Disposal Act (35 P. S. §§ 7130.101--7130.906).
(v) The act of July 13, 1988 (35 P. S. §§ 6019.1--6019.6), known as the Infectious and Chemotherapeutic Waste Disposal Law.
(vi) The Air Pollution Control Act (35 P. S. §§ 4001--4015).
(vii) The Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31).
(viii) The Noncoal Surface Mining Conservation and Reclamation Act (35 P. S. §§ 3301--3326).
(ix) The Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).
(x) The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
(xi) Other State or Federal statutes relating to environmental protection or the protection of public health.
EQL--Estimated quantitation limit.
Habitats of concern--A habitat defined as one of the following:
(i) Typical wetlands with identifiable function and value, except for exceptional value wetlands as defined in § 105.17 (relating to wetlands).
(ii) Breeding areas for species of concern.
(iii) Migratory stopover areas for species of concern.
(iv) Wintering areas for species of concern.
(v) Habitat for State endangered plant and animal species.
(vi) Federal, State and local parks and wilderness areas, and areas designated as wild, scenic or recreational.
(vii) Areas otherwise designated as critical or of concern by the Game Commission, the Fish and Boat Commission or the Department of Conservation and Natural Resources.
Heterogeneity--Nonhomogeneous structure, composition and physical properties.
MCL--Maximum contaminant level.
MSC--Medium-specific concentration.
NIR--Notice of Intent to Remediate.
NPDES--National Pollutant Discharge Elimination System.
PQL--Practical quantitation limit.
Property--A parcel of land defined by the metes and bounds set forth in the deed for that land.
Regulated discharge--A point or nonpoint source discharge subject to the permit or approval requirements of Chapters 91--105 and any diffuse surface or groundwater discharge to surface waters which has the potential to cause an exceedance of the water quality standards in Chapter 93 (relating to water quality standards).
Risk assessment--A process to quantify the risk posed by exposure of a human or ecological receptor to regulated substances. The term includes baseline risk assessment, development of site-specific standards and risk assessment of the remedial alternatives.
SIA--special industrial area--Property where there is no financially viable responsible person to perform remediation or property located within an enterprise zone, and where the property was used for industrial activity.
Secondary contaminants--A regulated substance for which a secondary MCL exists, and no lifetime health advisory level exists.
Site--The extent of contamination originating within the property boundaries and all areas in close proximity to the contamination necessary for the implementation of remediation activities to be conducted under the act.
Species of concern--Species designated as of special concern, rare, endangered, threatened or candidate by the Game Commission, the Fish and Boat Commission or the Department of Conservation and Natural Resources, if the species has not also been designated threatened or endangered by the Federal government.
TF--Transfer factor.
Volatile compound--A chemical compound with a boiling point less than 200° centigrade at 1 atmosphere.
§ 250.2. Application of remediation standards.
(a) This chapter provides remediation standards which shall be used whenever site remediation is voluntarily conducted or is required under environmental statutes in section 106 of the act (35 P. S. § 6026.106).
(b) A person who is required to perform a site remediation under an enforcement action of the Department shall meet the following:
(1) Select one or a combination of the background standards contained in Subchapter B (relating to background standard), Statewide health standards contained in Subchapter C (relating to Statewide health standards) and site-specific standards, contained in Subchapter D (relating to site-specific standards).
(2) Demonstrate compliance with the substantive, procedural and notice requirements of the act and this chapter.
(c) To qualify for liability protection under the act, a person conducting remediation shall comply with this chapter and the act. Administrative and procedural requirements for remediations in paragraphs (1) and (2) shall be used in lieu of those requirements listed in this chapter to qualify for liability protection under the act.
(1) Persons remediating sites placed on the Pennsylvania Priority List shall comply with the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305), except for the cleanup levels which are set by the act.
(2) Persons remediating releases from storage tanks regulated under the Storage Tank and Spill Prevention Act (35 P. S. §§ 6021.101--6021.2104) shall comply with the requirements of the corrective action process under the Storage Tank and Spill Prevention Act, except for the cleanup levels which are set by the act.
§ 250.3 Management of contaminated media.
(a) Contaminated media removed for reuse, treatment or disposal shall be managed in accordance with the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1--6019.6), known as the Infectious and Chemotherapeutic Waste Law, the Air Pollution Control Act (35 P. S. §§ 4001--4015) and the regulations thereunder.
(b) The Department may waive procedural and operating requirements for onsite remediation activities based on a written demonstration of any of the criteria in section 902(b) of the act (35 P. S. § 6026.902).
§ 250.4. Limits related to PQLs.
(a) The PQLs shall be selected from the PQLs specified by the EPA as EQLs in the most current version of the EPA RCRA Manual SW-846 (U. S. EPA, 1990. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods. Third Edition. Office of Solid Waste and Emergency Response) for soil listed as ''low level soil'' and for groundwater listed as ''groundwater'' in accordance with the following:
(1) For inorganic compounds, the PQLs under this chapter shall be the values listed for methods associated with analysis by Inductively Coupled Plasma (ICP) with the following exceptions:
(i) For lead, cadmium, arsenic and selenium, values listed for the atomic absorption graphite furnace methods for water shall be used.
(ii) Mercury shall be the value listed for the cold vapor method.
(2) For organic compounds, the PQLs shall be the EQLs listed for the GC/Mass spec methods--for example, Method 8240 for volatile organic compounds.
(b) If the PQL selected under subsection (a) is higher than the MCL or HAL for an organic regulated substance in groundwater, the PQLs shall be derived from the analytical methodologies published under the drinking water program in the most current version of Methods for the Determination of Organic Compounds in Drinking Water (U. S. EPA, 1988, Environmental Monitoring Systems Laboratory, EPA/600/4-88/039). If a PQL determined under this subsection is not below a HAL, the methodologies in subsection (c)(1) or (2) shall be used unless those quantitation limits are higher than the PQL determined under this subsection.
(c) For regulated substances when EQLs set by the EPA have a health risk that is greater (less protective) than the risk levels set in sections 303(c) and 304(b) and (c) of the act (35 P. S. §§ 6026.303(c) and 6026.304(b) and (c)) or for substances when no EQL has been established by the EPA, the limits related to the PQL shall be the quantitation limits established by the methodologies in paragraph (1) or (2).
(1) A level set by multiplying 3.18 by the published method detection limit (MDL) of the most recently approved EPA methodology.
(2) A level representing the lowest calibration point that can consistently be determined to have a percent relative standard deviation (%RSD) of less than 30% or correlation coefficient of greater than 0.995 using reagent water.
(d) For regulated substances which have no limits related to PQLs identified in subsection (c)(1) or (2), a person shall demonstrate attainment under the site-specific standard or the background standard.
(e) When a minimum threshold MSC is used as a Statewide health standard, the minimum threshold MSC is the Statewide health standard regardless of whether it is higher or lower than a quantitation limit established by this section.
(f) Nothing in this section restricts the selection of valid and generally accepted methods to be used to analyze samples of environmental media.
§ 250.5. Public notice by applicant.
(a) Public notice under the background, Statewide health or site-specific standard and under a special industrial area cleanup shall be initiated by the applicant through an NIR. For remediations proposing the use of a site-specific standard or, for remediations under an SIA agreement, the public and the municipality where the site is located shall be provided a 30-day period, in the NIR, in which the municipality may request to be involved in the development of the remediation and reuse plans for the site.
(b) The remedial investigation report, the risk assessment report and the cleanup plan, prepared under a site-specific remediation, may not be submitted to the Department until after the initial 30-day public and municipal comment period following the submission of the NIR has expired.
(c) The baseline environmental report, prepared under an SIA remediation, shall be submitted after the initial 30-day public and municipal comment period has expired.
§ 250.6. Public participation.
(a) The publication date of the summary of the NIR in a newspaper of general circulation in the area of the site shall initiate the 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for a site being remediated to a site-specific standard or for remediation at an SIA.
(b) The person proposing remediation shall be responsible for developing and implementing a public involvement plan if both of the following circumstances exist:
(1) The remediation involves a site-specific standard or an SIA cleanup.
(2) A municipality, through its official representatives, has requested, in writing, to be involved in the development of the remediation and reuse plans within the 30-day public and municipal comment period identified in the notice to the municipality and the newspaper notice.
(c) If a public involvement plan has been initiated, the person proposing remediation shall, at a minimum, provide:
(1) Public access at convenient locations for document review.
(2) Designation of a single contact person to address questions from the community.
(3) A location near the remediation site for any public hearings and meetings that may be part of the public involvement plan.
(d) If a public involvement plan has been requested, it shall be submitted with one of the following:
(1) A remedial investigation report under a site-specific remediation.
(2) A baseline environmental report under an SIA cleanup.
§ 250.7. Fees.
(a) Resubmission of a cleanup plan, remedial investigation, risk assessment or final report will require payment of the appropriate fee identified in the act for each resubmission.
(b) The Department will disapprove a plan or report that is submitted without the appropriate fee.
§ 250.8. Publication.
The Department will publish a notice of its final actions on plans and reports in the Pennsylvania Bulletin.
§ 250.9. Interaction with other environmental statutes.
(a) A release of a regulated substance at a solid waste facility which did not receive waste after September 7, 1980, shall be remediated in accordance with this chapter and the act.
(b) Nothing in this chapter affects the permitting, operation, design, performance or closure requirements under the environmental protection acts or regulations thereunder. The groundwater standards in Subchapters B and C (relating to background standards; and Statewide health standards) apply as part of a Department-approved assessment and abatement plan that is implemented prior to closure of a solid waste facility and apply as the standards that shall be demonstrated to qualify for liner and leachate treatment system waivers or modifications as specified in Chapter 287 (relating to residual waste management--general provisions). The standards in Subchapters B--D (relating to site-specific standards) apply as groundwater standards for remediation of a release of a regulated substance at closure of a solid waste facility but do not substitute for design and performance standards required under the solid waste management regulations. See Articles VII--IX. In the case of hazardous waste facilities, remediations shall comply with requirements applicable under the Resource Conservation and Recovery Act (42 United StatesC.A. §§ 6091--6986). The groundwater parameters and human health and environmental protection levels in Article IX (relating to residual waste) do not apply to groundwater remediations.
(c) An unpermitted release or spill of a regulated substance at a permitted solid waste facility that is outside a disposal or processing unit, including surface impoundments, waste storage areas, associated piping and underlying containment systems, shall be remediated in accordance with this chapter and the act.
§ 250.10. Measurement of regulated substances in media.
(a) For measuring regulated substances in soil and sediments, analyses shall be performed on a dry weight basis.
(b) For metals in soil, analyses shall be performed on total metals, except for hexavalent and trivalent chromium, which analyses shall be performed individually.
(c) For groundwater, samples for metals analysis shall be field filtered and field acidified in accordance with the most current version of the Groundwater Monitoring Guidance Manual, Department of Environmental Protection, 3610-BK-DEP1973.
(d) For groundwater where monitoring is being performed at a drinking water well, samples for metals analysis shall be field acidified and unfiltered in accordance with the most current version of Groundwater Monitoring Guidance Manual, Department of Environmental Protection, 3610-BK-DEP1973.
(e) For surface water, samples for metals analysis shall be field acidified in accordance with approved EPA analytical methods in § 16.102 (relating to approved EPA analytical methods and detection limits).
(f) For air, samples and analyses shall be performed in accordance with Chapters 131 and 139 (relating to ambient air quality standards; and sampling and testing).
Subchapter B. BACKGROUND STANDARD Sec.
250.201. Scope. 250.202. Establishing background concentrations. 250.203. Points of compliance. 250.204. Final report. § 250.201. Scope.
This subchapter sets forth requirements and procedures for a person selecting the background standard, as provided in § 250.2 (relating to application of remediation standards).
§ 250.202. Establishing background concentrations.
(a) Background concentrations shall be established based on a site characterization, as set forth in § 250.204(a)--(e) (relating to final report).
(b) The background concentrations shall be established using analysis of samples of regulated substances present at the property but not related to any release at the property. If all areas on the property are affected by a release, background shall be determined at points off the property in accordance with § 250.204(f)(7) and (8).
(c) Background concentrations shall be established by a methodology that is statistically valid and consistent with the methodology used to demonstrate attainment under Subchapter G (relating to demonstration of attainment).
§ 250.203. Points of compliance.
(a) For attainment of the background standard for groundwater, the point of compliance shall be throughout the contaminant plume, including areas of the plume that are outside the property boundary, as determined by the site characterization.
(b) For attainment of a background soil standard, the point of compliance shall be throughout the area of the soil that has become contaminated as a result of releases on the property.
(c) For attainment of a surface water quality standard, compliance shall be measured for point source discharges at the point of discharge in accordance with limits specified in the NPDES permit.
(d) For the emission of regulated substances to outdoor air, the point of compliance for any applicable air quality standard shall be as specified in the air quality regulations in Subpart C, Article III (relating to air resources).
§ 250.204. Final report.
(a) For sites remediated under the background standard, the person conducting the remediation shall submit a final report to the Department which documents attainment of the selected standard. The final report shall include site characterization information in subsections (b)--(e). The site characterization shall be conducted in accordance with scientifically recognized principles, standards and procedures. The level of detail in the investigation, and the selected methods and analyses, that may include models, shall sufficiently define the rate of movement and the present and future extent and fate of contaminants to ensure continued attainment of the remediation standard. Interpretations of geologic and hydrogeologic data shall be prepared by a professional geologist licensed in this Commonwealth.
(b) As derived from specific knowledge of the subject property, historic use of the subject property or regulated substance usage information regarding the subject property, an appropriate number of sample locations should be investigated from the identified media of concern to characterize the nature and composition of the contaminants including the following:
(1) Source characterization or development of a conceptual site model.
(2) The vertical and horizontal extent of contamination within each media of concern.
(3) The direction and rate of contaminant movement and fate and transport of all contaminants within each media of concern.
(4) A determination of the appropriate remedial technology for each media of concern.
(c) Descriptions of sampling and decontamination methodologies and analytical quality assurance/quality control procedures should be included within a Sampling and Analysis Plan and Quality Assurance Plan. Copies of soil and geologic boring descriptions and as-built construction drawings of wells used for site characterization should be included in the report. Copies of laboratory analytical results and applicable laboratory quality control results should be included within the report, including historical data and data eliminated from consideration based on data validation protocols. Analytical results should be presented within the report in table form.
(d) If soil is determined to be a media of concern, the site characterization shall determine the relative location of soil samples necessary to characterize the horizontal and vertical extent of contamination based on factors such as hydraulic conductivity of the soils, heterogeneity of the soils and the nature of the contaminants. The horizontal and vertical extent of soil with concentrations of regulated substances above the selected standard shall be defined by an appropriate number of samples inside and outside of the area that exceeds the standard. Soil samples from the area with the anticipated highest levels of contamination shall be obtained, as appropriate, to determine the applicability of the proposed remedial action or handling and disposal requirements, or both, for that soil during remediation.
(e) If groundwater is determined to be a media of concern, the site characterization shall characterize the effects of a release on groundwater to adequately determine how naturally occurring physical and geochemical characteristics define the movement of groundwater and contaminants beneath the surface, including the delineation of the position of aquifers, as well as geologic units which inhibit groundwater flow. The site characterization shall meet the following conditions:
(1) If appropriate, the characterization shall consider the heterogeneity and anisotropy of aquifer materials based on hydraulic conductivity values (measured or published), and the effect of local and regional groundwater flow directions and any influence from pumping wells.
(2) Defining the horizontal extent of concentrations of regulated substances above the standard shall require more than one round of groundwater sampling from properly constructed and developed monitoring wells taken a sufficient number of days apart to yield independently valid results.
(3) When characterizing the vertical extent of groundwater contamination, the person shall perform more than one round of groundwater sampling and shall consider the specific gravity of the regulated substances identified in the groundwater in the site, and the potential for naturally occurring or induced downward vertical hydraulic gradients.
(4) When characterizing the vertical extent of groundwater contamination, properly constructed monitoring wells or nested monitoring wells should be utilized to focus groundwater sampling in zones of potential contaminant accumulation such as zones directly above a confining layer. Samples shall be taken a sufficient number of days apart to yield independently valid results.
(f) Final reports for the background standard shall include the following additional information:
(1) Descriptions of treatment, removal or decontamination procedures performed in remediation. The description shall include the methodology and analytical results used to direct the remediation and determine the cessation of remediation.
(2) Descriptions of the sampling methodology and analytical results, including the appropriate statistical methodologies, which pertain to whether the remediation has attained the selected standard, following the requirements of Subchapter G (relating to demonstration of attainment).
(3) Documentation of compliance with postremediation care requirements, if they are needed to maintain the selected standard.
(4) All sampling data.
(5) For fate and transport analyses, submission of the following information:
(i) The name and version of the analysis, a description of the analysis, and the name of the organization or person which developed the analysis, if modeling is used.
(ii) The site characterization data used in the analysis.
(iii) Any assumptions used in the analysis and justification for the assumptions.
(iv) Appropriate documentation of the quality assurance and quality control of the analysis.
(v) Documentation of the results of the analysis in appropriate figures and tables.
(6) A summary of sampling methodology and analytical results that relate to the determination of the background concentration. The summary shall contain the following:
(i) For soil, the final report shall identify the background reference region within which all background samples were collected.
(ii) For groundwater, the final report shall identify background reference wells.
(7) Documentation that background reference areas for soil meet the following criteria:
(i) The background reference region and background reference areas shall be free of contamination from any release at the site.
(ii) Sampling at the background reference area and the contaminated area shall be comparable and random.
(iii) A background reference area selected for comparison with a given contaminated area may not differ significantly from that contaminated area in physical, chemical or biological characteristics that might cause measurements in the background reference area and the contaminated area to differ.
(8) Documentation that background reference groundwater concentrations have been determined at hydrogeologically upgradient points that characterize the groundwater flow onto the site that are not affected by any release at the property.
(g) If engineering controls are needed to attain or maintain a standard, if institutional controls are needed to maintain a standard, if the fate and transport analysis indicates that the remediation standard may be exceeded at the point of compliance in the future, or, if the remediation relies on natural attenuation, a postremediation care plan shall be documented in the final report. The plan shall include the following:
(1) Reporting of any instance of nonattainment.
(2) Reporting of measures to correct nonattainment conditions.
(3) Monitoring on a quarterly basis, or as otherwise approved by the Department, that demonstrates the effectiveness of the remedy and periodic reporting of monitoring results and analysis.
(4) Maintenance of records at the property where the remediation is being conducted for monitoring, sampling and analysis.
(5) A schedule for operation and maintenance of the controls and submission of proposed changes.
(6) If requested by the Department, documentation of financial ability to implement the remedy and the postremediation care plan.
Subchapter C. STATEWIDE HEALTH STANDARDS Sec.
250.301. Scope. 250.302. Point of compliance. 250.303. Aquifer determination; current use and currently planned use of aquifer groundwater. 250.304. MSCs for groundwater. 250.305. MSCs for soil. 250.306. Ingestion numeric values. 250.307. Inhalation numeric values. 250.308. Soil to groundwater pathway numeric values. 250.309. MSCs for surface water. 250.310. Minimum threshold MSCs. 250.311. Evaluation of ecological receptors. 250.312. Final report. § 250.301. Scope.
(a) This subchapter sets forth generic Statewide health standards as one of three remediation standards that a person may select. The Statewide health standards are concentrations of regulated substances associated with a specific environmental medium, and are designated as the MSCs. The values used to determine the MSCs are contained in Appendix A, Tables 1--4 and 6 and are the concentrations of regulated substances that shall be met to demonstrate attainment of a Statewide health standard. Appendix A, Table 5 presents the toxicological and physical parameters used to calculate the MSCs in Appendix A, Tables 1--4.
(b) This subchapter sets forth minimum threshold MSCs for soil and groundwater that shall be met to demonstrate attainment of the Statewide health standards for regulated substances in Appendix A, Table 6. Minimum threshold MSCs are standards developed for regulated substances for which no chemical-specific toxicological data exist.
(c) For regulated substances which do not have an MSC for the relevant medium on Appendix A, Tables 1--4 or 6, the background standard or site-specific standard shall be met to qualify for a release of liability under the act.
§ 250.302. Point of compliance.
(a) For attainment of the Statewide health standard for groundwater, the point of compliance is the property boundary that existed at the time the contamination was discovered. Statewide health standards shall be attained at and beyond the point of compliance. The Department may determine, in writing, a point of compliance beyond the property boundary to be appropriate if one of the following situations is demonstrated:
(1) Structures are located on the property boundary which prohibit internal or external access for a drill rig.
(2) The property is a small parcel of land with limited space for onsite monitoring wells.
(3) It is not physically possible to monitor groundwater quality at the property boundary.
(4) The downgradient property was owned by the same party at the time the contamination was discovered and the use of the groundwater on the downgradient property can be controlled to prevent unacceptable exposure.
(5) For measuring compliance with the groundwater MSCs that apply to secondary contaminants.
(b) For attainment of the Statewide health standard for soil, the MSC as determined in § 250.305 (relating to MSCs for soil) shall be met at the specified depth.
(c) For the emission of regulated substances to outdoor air, the point of compliance for any applicable air quality standard shall be as specified in the air quality regulations.
§ 250.303. Aquifer determination; current use and currently planned use of aquifer groundwater.
(a) With the exception of seasonal, localized and hydrologically isolated perched systems under a property, all geologic formations or parts or groups of formations in this Commonwealth which are saturated are presumed to be aquifers for the purpose of applying the Statewide health standards. The term includes saturated residuum such as saprolite and other weathered rock strata or intervals developed from underlying bedrock and other saturated deposits overlying these formations to which the geologic formations are hydrologically connected.
(b) All groundwater in aquifers is presumed to be used or currently planned for use. The Department may determine, in writing, based on a demonstration by the person remediating the site that groundwater is not used or currently planned to be used, if the requirements in subsection (c) are met within the property and within a radius of 1,000 feet downgradient of the points of compliance plus any additional areas to which the contamination has migrated and might reasonably migrate at concentrations that exceed the MSC for groundwater used or currently planned to be used.
(c) The following requirements shall be met within the area described in subsection (b):
(1) No groundwater derived from wells or springs is used or currently planned to be used for drinking water or agricultural purposes.
(2) All downgradient properties are connected to a community water system.
(3) The area described in subsection (b) does not intersect a radius of 1/2 mile from a community water supply well source or does not intersect an area designated by the Department as a zone 2 wellhead protection area under Chapter 109 (relating to safe drinking water).
(d) If the Department determines that groundwater is not used or currently planned to be used, the following requirements apply within the area identified in subsection (b):
(1) The requirements in § 250.309 (relating to MSCs for surface water).
(2) The ecological screening process identified in § 250.311 (relating to evaluation of ecological receptors).
(e) The MSCs for groundwater in an aquifer that is not used or currently planned for use, under § 250.304(d) (relating to MSCs for groundwater), shall be met at the points of compliance identified in § 250.302 (relating to point of compliance).
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