Section 6026.303 - Statewide health standard(a) Standard.--The Environmental Quality Board shall promulgate Statewide health standards for regulated substances for each environmental medium. The standards shall include any existing numerical residential and nonresidential health-based standards adopted by the department and by the Federal Government by regulation or statute, and health advisory levels. For those health-based standards not already established by regulation or statute, the Environmental Quality Board shall by regulation propose residential and nonresidential standards as medium-specific concentrations within 12 months of the effective date of this act. The Environmental Quality Board shall also promulgate along with the standards the methods used to calculate the standards. Standards adopted under this section shall be no more stringent than those standards adopted by the Federal Government.(b) Medium-specific concentrations.--The following requirements shall be used to establish a medium-specific concentration:(1) Any regulated discharge into surface water occurring during or after attainment of the Statewide health standard shall comply with applicable laws and regulations relating to surface water discharges.(2) Any regulated emissions to the outdoor air occurring during or after attainment of the Statewide health standard shall comply with applicable laws and regulations relating to emissions into the outdoor air.(3) The concentration of a regulated substance in groundwater in aquifers used or currently planned to be used for drinking water or for agricultural purposes shall comply with the maximum contaminant level or health advisory level established for drinking water. If the groundwater at the site has naturally occurring background total dissolved solids concentrations greater than 2,500 milligrams per liter, the remediation standard for a regulated substance dissolved in the groundwater may be adjusted by multiplying the medium-specific concentration for groundwater in aquifers by 100. The resulting value becomes the maximum contaminant level for groundwater.(4) For the residential standard, the concentration of a regulated substance in soil shall not exceed either the direct contact soil medium-specific concentration based on residential exposure factors within a depth of up to 15 feet from the existing ground surface or the soil-to-groundwater pathway numeric value throughout the soil column, the latter to be determined by any one of the following methods:(i) A value which is 100 times the medium-specific concentration for groundwater.(ii) A concentration in soil at the site that does not produce a leachate in excess of the medium-specific concentrations for groundwater in the aquifer when subjected to the Synthetic Precipitation Leaching Procedures, Method 1312 of SW 846, Test Methods for Evaluating Solid Waste, promulgated by the United States Environmental Protection Agency.(iii) A generic value determined not to produce a concentration in groundwater in the aquifer in excess of the medium-specific concentration for groundwater based on a valid, peer-reviewed scientific method which properly accounts for factors affecting the fate, transport and attenuation of the regulated substance throughout the soil column.(5) For the nonresidential standard, the concentration of a regulated substance in soil shall not exceed either the direct contact soil medium-specific concentration based on nonresidential exposure factors within a depth of up to 15 feet from the existing ground surface using valid scientific methods reflecting worker exposure or the soil-to-groundwater pathway numeric value determined in accordance with paragraph (4).(6) Exposure scenarios for medium-specific concentrations for nonresidential conditions shall be established using valid scientific methods reflecting worker exposure.(c) Additional factors.--When establishing a medium-specific concentration, other than those established under subsection (b)(1), (2) or (3), the medium-specific concentration for the ingestion of groundwater, inhalation of soils, ingestion and inhalation of volatiles and particulates shall be calculated by the department using valid scientific methods, reasonable exposure pathway assumptions and exposure factors for residential and nonresidential land use which are no more stringent than the standard default exposure factors established by EPA based on the following levels of risk: (1) For a regulated substance which is a carcinogen, the medium-specific concentration is the concentration which represents an excess upper bound lifetime cancer target risk of between 1 in 10,000 and 1 in 1,000,000.(2) For a regulated substance which is a systemic toxicant, the medium-specific concentration is the concentration to which human populations could be exposed by direct ingestion or inhalation on a daily basis without appreciable risk of deleterious effects for the exposed population.(d) Relationship to background.--The concentration of a regulated substance in an environmental medium of concern on a site where the Statewide health standard has been selected shall not be required to meet the Statewide health standard if the Statewide health standard is numerically less than the background standard. In such cases, the background standard shall apply.(e) Attainment.--Final certification that a site or portion of a site meets the Statewide health standard shall be documented in the following manner: (1) Attainment of cleanup levels shall be demonstrated by collection and analysis of representative samples from the environmental medium of concern, including soils, and groundwater in aquifers at the point of compliance through the application of statistical tests set forth in regulation or, if no regulations have been adopted, in a demonstration of a mathematically valid application of statistical tests. The Department of Environmental Resources shall also recognize those methods of attainment demonstration generally recognized as appropriate for that particular remediation.(2) A final report that documents attainment of the Statewide health standard shall be submitted to the department which includes the descriptions of procedures and conclusions of the site investigation to characterize the nature, extent, direction, rate of movement of the site and cumulative effects, if any, volume, composition and concentration of contaminants in environmental media, the basis for selecting environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, descriptions of removal or treatment procedures performed in remediation, summaries of sampling methodology and analytical results which demonstrate that contaminants have been removed or treated to applicable levels and documentation of compliance with postremediation care requirements if they are needed to maintain the Statewide health standard.(3) Institutional controls such as fencing and future land use restrictions on a site may not be used to attain the Statewide health standard. Institutional controls may be used to maintain the Statewide health standard after remediation occurs.(f) Authority reserved.--If a person fails to demonstrate attainment of the Statewide health standard, the department may require that additional remediation measures be taken in order to meet the health standard or the person may select to meet the requirements of section 302 or 304.(g) Deed notice.--Persons attaining and demonstrating compliance with the Statewide health standard considering residential exposure factors for a regulated substance shall not be subject to the deed acknowledgment requirements of the act of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act, or theact of October 18, 1988 (P.L. 756, No. 108) , known as the Hazardous Sites Cleanup Act. An existing acknowledgment contained in a deed prior to demonstrating compliance with the residential Statewide health standard may be removed. The deed acknowledgment requirements shall apply where nonresidential exposure factors were used to comply with the Statewide health standard.(h) Notice and review provisions.--Persons utilizing the Statewide health standard shall comply with the following requirements for notifying the public and the department of planned remediation activities: (1) Notice of intent to initiate remediation activities shall be made in the following manner: (i) A notice of intent to remediate a site shall be submitted to the department which provides, to the extent known, a brief description of the location of the site, a listing of the contaminant or contaminants involved, a description of the intended future use of the property for employment opportunities, housing, open space, recreation or other uses and the proposed remediation measures. The department shall publish an acknowledgment noting receipt of the notice of intent in the Pennsylvania Bulletin.(ii) At the same time a notice of intent to remediate a site is submitted to the department, a copy of the notice shall be provided to the municipality in which the site is located and a summary of the notice of intent shall be published in a newspaper of general circulation serving the area in which the site is located.(2) Notice of the submission of the final report demonstrating attainment of the Statewide health standard shall be given to the municipality in which the remediation site is located, published in a newspaper of general circulation serving the area and in the Pennsylvania Bulletin.(3) The department shall review the final report demonstrating attainment of the Statewide health standard within 60 days of its receipt or notify the person submitting the report of substantive deficiencies. If the department does not respond with deficiencies within 60 days, the final report shall be deemed approved.(4) The notices provided for in paragraphs (1) and (2) are not required to be made or published if the person conducting the remediation submits the final report demonstrating attainment of the Statewide health standard as required by this section within 90 days of the release. If the final report demonstrating attainment is not submitted to the department within 90 days of the release, all notices and procedures required by this section shall apply. This paragraph is only applicable to releases occurring after the effective date of this act.1995, May 19, P.L. 4, No. 2, § 303, effective in 60 days.