§ 250.405. When to perform a risk assessment.
(a) Except as specified in subsections (b) and (c), a person who remediates under this subchapter shall develop site-specific standards based on a risk assessment. The person shall conduct the risk assessment according to the procedures specified in Subchapter F (relating to exposure and risk determinations).
(b) The risk assessment report is not required if a fate and transport analysis which takes into account the effects of engineering and institutional controls demonstrates that neither present nor future exposure pathways exist. This demonstration shall follow the procedures described in § 250.404 (relating to pathway identification and elimination).
(c) The baseline risk assessment report is not required if the Department, in its remedial investigation report or cleanup plan approval, determines that a specific remediation measure that eliminates all pathways, other than a no-action remedial alternative, can be implemented to attain the site-specific standard in accordance with the requirements of attainment demonstration as specified in Subchapter G (relating to demonstration of attainment). A baseline risk assessment is that portion of a risk assessment that evaluates a risk in the absence of the proposed site-specific measure.
Cross References This section cited in 25 Pa. Code § 250.404 (relating to pathway identification and elimination); 25 Pa. Code § 250.409 (relating to risk assessment report); and 25 Pa. Code § 250.602 (relating to risk assessment procedures).
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