Section 11-280.1-65.3 - Site cleanup criteria(a) Owners and operators must remediate soil, surface water, and groundwater, and materials contaminated by releases from USTs or tank systems in a manner that is protective of human health and the environment and achieves cleanup as described in subsection (b).(b) Owners and operators must remediate contaminated soil, groundwater, and surface water at the site to residual concentrations that meet one of the following criteria: (1) Default Tier 1 Screening Levels as presented in Table 1 in subsection (e); or(2) Site-specific action levels as approved by the department. Owners and operators should consult with the department on how the standards in this paragraph can be met. Site-specific action levels must take into account the following factors: (A) For systemic toxicants, acceptable levels shall represent concentration levels to which the human population may be exposed without adverse effect during a lifetime or part of a lifetime, and incorporating an adequate margin of safety;(B) For known or suspected carcinogens, acceptable levels are generally concentration levels in soil, groundwater and vapor that represent an excess upper bound lifetime cancer risk to an individual of between 10-4 and 10-6 using information on the relationship between dose and response. The 10-6 excess risk level shall be used as the point of departure for determining acceptable levels for alternatives when chemical-specific state or federal requirements are not available or are not sufficiently protective because of the presence of multiple contaminants at the site or multiple pathways of exposure; (C) Impacts to ecological receptors, including but not limited to plants and animals; and(D) Other applicable requirements, including but not limited to nuisance concerns for odor and taste, if applicable.(c) The department may require the owners and operators to modify cleanup activities being performed at a site if the department determines that the activities are not being carried out in accordance with this subchapter, or are not achieving cleanup levels that are protective of human health and the environment. The department may impose modifications to cleanup activities by written notice to the owners and operators, and the owners and operators must implement necessary changes to the cleanup activities in response to the department's notice by a time schedule established by the department.(d) A schedule for estimated completion of site cleanup shall be included in each fourth quarter report required pursuant to section 11-280.1-65.2(b).(e) The figure labeled "Table 1. Tier 1 Screening Levels of Soil and Groundwater" is made a part of this subsection. Table 1. Tier 1 Screening Levels for Soil and Groundwater Notes to Table 1.
Contaminant | DRINKING WATER SOURCE THREATENED | DRINKING WATER SOURCE NOT THREATENED |
Groundwater (ug/l) | Basis1 | Soil (mg/kg) | Basis2 | Groundwater (ug/l) | Basis3 | Soil (mg/kg) | Basis2 |
Acenaphthene | N/A4 | - | 120 | L/VI | N/A4 | - | 120 | L/VI |
Benzene | 5.0 | DWP | 0.30 | L | 71 | CAT | 0.77 | VI |
Benzo(a)pyrene | N/A4 | - | 3.6 | DE | N/A4 | - | 3.6 | DE |
Dichloroethylene, cis 1,2- | 70 | DWP | 0.36 | VI | 620 | CAT | 0.36 | VI |
Dichloroethylene, trans 1,2- | 100 | DWP | 3.6 | VI | 560 | CAT | 3.6 | VI |
Ethylbenzene | 7.3 | CAT | 0.90 | L | 7.3 | CAT | 0.90 | L |
Fluoranthene | N/A4 | - | 87 | L | N/A4 | - | 87 | L |
Lead | 5.6 | CAT | 200 | DE | 5.6 | CAT | 200 | DE |
Methyl Tert Butyl Ether (MTBE) | 5.0 | DWS | 0.028 | L | 730 | CAT | 2.3 | VI |
Naphthalene | 12 | CAT | 3.1 | L | 12 | CAT | 3.1 | L |
Polychlorinated Biphenyls (PCBs) | N/A4 | - | 1.2 | DE | N/A4 | - | 1.2 | DE |
Tetrachloethylene (PCE) | 5.0 | DWP | 0.098 | VI | 53 | CAT | 0.098 | VI |
Toluene | 9.8 | CAT | 0.78 | L | 9.8 | CAT | 0.78 | L |
TPH-gasolines | 300 | DWP | 100 | GC | 500 | CAT | 100 | GC |
TPH-middle distillates | 400 | DWP | 220 | DE | 640 | CAT | 220 | DE |
TPH-residual fuels | 500 | DWS | 500 | GC | 640 | CAT | 500 | GC |
Trichloroethylene | 5.0 | DWP | 0.069 | VI | 47 | CAT | 0.089 | VI |
Vinyl Chloride | 2.0 | DWP | 0.036 | VI | 18 | VI | 0.036 | VI |
Xylenes | 13 | CAT | 1.4 | L | 13 | CAT | 1.4 | L |
Notes to Table 1.
1. Drinking water screening levels are the lowest of screening levels for: drinking water primary maximum contaminant levels based on toxicity ("DWP"), drinking water secondary maximum contaminant levels based on taste and odor concerns ("DWS"), vapor intrusion ("VI"), and chronic aquatic toxicity ("CAT"). 2. Soil screening levels are the lowest of screening levels for: direct exposure ("DE"), vapor intrusion ("VI"), leaching ("L"), and gross contamination ("GC").3. Non-drinking water screening levels are the lowest of screening levels vapor intrusion ("VI"), chronic aquatic toxicity ("CAT"), and gross contamination ("GC").4. Testing for acenaphthene, benzo(a)pyrene, fluoranthene, and PCBs in groundwater is not necessary due to low solubility and low mobility. Cleanup of contaminated soil will be adequate to address potential groundwater concerns. Haw. Code R. § 11-280.1-65.3
[Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-35) (Imp: HRS §§ 342L-3, 342L-35)