§ 250.402. Human health and environmental protection goals.
(a) Site-specific standards shall be developed that meet the human health and environmental protection goals specified in this section. The development of site-specific standards shall be based on a site-specific risk assessment, if required.
(b) The site-specific standard shall be a protective level that eliminates or reduces any risk to human health in accordance with the following:
(1) For known or suspected carcinogens, soil and groundwater cleanup standards shall be established at exposures which represent an excess upperbound lifetime risk of between 1 in 10,000 and 1 in 1 million. The cumulative excess risk to exposed populations, including sensitive subgroups, may not be greater than 1 in 10,000.
(2) For systemic toxicants, soil and groundwater cleanup standards shall represent the level to which the human population could be exposed on a daily basis without appreciable risk of deleterious effect to the exposed population. Where several systemic toxicants affect the same target organ or act by the same method of toxicity, the hazard index may not exceed one.
(c) In addition to any protection afforded under other requirements for meeting surface water and air quality standards under this chapter, direct impacts resulting from a release of regulated substances to the receptors identified in § 250.311(a) (relating to evaluation of ecological receptors) shall be assessed and addressed in the remedial investigation, risk assessment and cleanup plans.
(d) If a person is using the site-specific standard to protect ecological receptors under this subchapter or as a result of selecting § 250.311(e)(4) when ecological receptors cannot be evaluated under the Statewide health standard, the following shall be performed:
(1) An ecological risk assessment to determine if an impact has occurred or will occur if the release of a regulated substance goes unabated.
(2) An ecological risk assessment conducted in accordance with Department-approved EPA or ASTM guidance to establish acceptable remediation levels or alternative remedies based on current and future use that are protective of the ecological receptors.
(3) Implementation of the selected remedy, which may include mitigation measures under § 250.311(f), that is protective of the ecological receptors.
Authority The provisions of this § 250.402 amended under sections 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards Act (35 P.S. § § 6026.104(a) and 6026.303(a)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 250.402 amended November 19, 2021, effective November 20, 2021, 51 Pa.B. 7173. Immediately preceding text appears at serial page (380025).
Cross References This section cited in 25 Pa. Code § 245.310 (relating to site characterization report); 25 Pa. Code § 250.311 (relating to evaluation of ecological receptors); 25 Pa. Code § 250.404 (relating to pathway identification and elimination); 25 Pa. Code § 250.602 (relating to risk assessment procedures); and 25 Pa. Code § 250.606 (relating to development of site-specific standards).
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