(a) A
person shall implement a remedy under the Statewide health standard that is
protective of human health and the environment.
(b) The MSCs for regulated substances in
groundwater are presented in Appendix A, Tables 1 and 2. The methodology used
by the Department for calculating MSCs in groundwater is detailed in
subsections (c)-(f).
(c) The MSCs
for regulated substances contained in groundwater in aquifers used or currently
planned to be used for drinking water or for agricultural purposes are the MCLs
as established by the Department or the EPA in §
109.202 (relating to State MCLs,
MRDLs and treatment technique requirements). For regulated substances where no
MCL has been established, the MSCs are the Lifetime Health Advisory Levels
(HAL) set forth in Drinking Water Standards and Health Advisories (DWSHA), EPA
Office of Water Publication No. EPA 822-F-18-001 (March 2018 or as revised),
except for substances designated in the DWSHA with cancer descriptor (L)
"Likely to be carcinogenic to humans" or (L/N) "Likely to be carcinogenic above
a specific dose but not likely to be carcinogenic below that dose because a key
event in tumor formation does not occur below that dose." New or revised MCLs
or HALs promulgated by the Department or the EPA shall become effective
immediately for any demonstration of attainment completed after the date the
new or revised MCLs or HALs become effective.
(1) For regulated substances where neither an MCL nor a lifetime
HAL has been established and for substances designated in the DWSHA with cancer
descriptor (L) or (L/N), the MSCs are the lowest concentration calculated using
the appropriate residential and nonresidential exposure assumptions and the
equations in §§
250.306 and
250.307 (relating to ingestion
numeric values; and inhalation numeric values).
(2) If the Lifetime HAL for a substance designated in the DWSHA
with cancer descriptor (L) or (L/N) is less than the MSC calculated under
paragraph (1), then the Lifetime HAL shall be the MSC.
(d) For regulated substances contained in
aquifers not used or currently planned to be used, the MSCs in Appendix A,
Tables 1 and 2 are calculated by the following:
(1) For volatile organic regulated substances
with an attenuation factor of less than 20, as calculated by the methodology in
paragraph (7), ten times the appropriate residential or nonresidential MSC for
groundwater in aquifers used or currently planned to be used containing less
than 2,500 mg/l total dissolved solids.
(2) For volatile organic regulated substances
with an attenuation factor of greater than or equal to 20, as calculated by the
methodology in paragraph (7), 100 times the appropriate residential or
nonresidential MSC for groundwater in aquifers used or currently planned to be
used containing less than 2,500 mg/l total dissolved solids.
(3) For semivolatile organic and inorganic
regulated substances, regardless of the attenuation factor, 1,000 times the
appropriate residential or nonresidential MSC for groundwater in aquifers used
or currently planned to be used containing less than 2,500 mg/l total dissolved
solids.
(4) For benzene, 100 times
the appropriate residential or nonresidential MSC for groundwater in aquifers
used or currently planned to be used containing less than 2,500 mg/l total
dissolved solids.
(5) For regulated
substances with no calculated attenuation factor because of a lack of data in
Howard, P. H., R. S. Boethling, W. F. Jarais, W. M. Meylan and E. M.
Michalenko. 1991. Handbook of Environmental Degradation Rates.
Lewis Publishers, Inc., Chelsea, MI, the appropriate residential or
nonresidential MSC for ground-water in aquifers used or currently planned to be
used containing less than 2,500 mg/l total dissolved solids.
(6) For minimum threshold MSCs, 5 micrograms
per liter in groundwater shall be used.
(7) The attenuation factor (AF) for an
organic regulated substance shall be calculated according to the following
formula:
Click to view image
T1/2-half-life of organic
regulated substance in ground-water as reported in Howard, P. H., R. S.
Boethling, W. F. Jarais, W. M. Meylan and E. M. Michalenko, 1991.
Handbook of Environmental Degradation Rates. Lewis Publishers,
Inc., Chelsea, MI.
KOC-organic carbon partitioning coefficient (see
Appendix A, Table 5).
(e) If the groundwater in aquifers used or
currently planned for use at the site has naturally occurring background total
dissolved solids concentrations greater than 2,500 milligrams per liter, the
Statewide health standard for a regulated substance dissolved in the
groundwater may be adjusted by multiplying the MSC for groundwater in aquifers
by 100. The adjusted Statewide health standard shall then be used in
calculating the soil to groundwater pathway numeric value as specified in
§
250.308 (relating to soil to
groundwater pathway numeric values).
(f) In addition to the requirements in this
section, the MSCs are further limited by solubility as identified in Appendix
A, Table 5. The solubility limits are derived from the references in subsection
(g), which are keyed to the numbers in Appendix A, Table 5. The following
procedure was used to determine the appropriate solubility value for each
regulated substance: where multiple sources are cited in Appendix A, Table 5,
the value for the solubility limit is the median of the values in the indicated
references.
(1) Using the hierarchy
established in subsection (g), the first two references were consulted. If the
solubility values agreed within 5%, the selected value is the lower of the two
values.
(2) If the values in step
(1) did not agree within 5%, the next references in order were consulted until
two values that did agree within 5% were found. The selected value is then the
median of all the values consulted.
(3) If none of the values in all of the
references in subsection (g) agreed within 5%, the selected value is the median
of all values in all references.
(g) The references referred to in subsection
(f) are:
(1) Lide, D. R., ed. 1996.
CRC Handbook of Chemistry and Physics, 77th Edition. CRC
Press.
(2) Budavari, S., ed. 1996.
The Merck Index, 12th Ed. Merck and Co.
(3) Perry, R. H., et al. 1997.
Perry's Chemical Engineer's Handbook, 7th ed. McGraw-Hill, New
York.
(4) Howard, P. H. 1991.
Handbook of Environmental Fate and Exposure Data for Organic Chemicals.
Vol. III Pesticides, Lewis Publishers.
(5) Verschueren, K. 1977, Handbook of
Environmental Data on Organic Chemicals, Van Nostrand
Reinhold.
(6) MacKay, D., et al.
1997, Illustrated Handbook of Physical-Chemical Properties and
Environmental Fate for Organic Chemicals, 5 Volumes. Lewis Publishers,
New York.
(7) Montgomery, J. H.
1991, Groundwater Chemicals Desk Reference, Vol. II. Lewis
Publishers and Montgomery, J. H., and L. M. Welkom. 1990, Groundwater
Chemicals Desk Reference Vol I, Louis Publishers.
(8) Milne, G.W.A., ed. 1995, CRC
Handbook of Pesticides, CRC Press, Inc.
(9) National Library of Medicine (Grateful
Med), Hazardous Substances Databank.
(10) EPA.1994, Superfund Chemical
Data Matrix. Office of Solid Waste and Emergency Response, EPA
540-R-94-009.
(11) Mabey, et al.
1982, Aquatic Fate Process Data for Organic Priority
Pollutants, SRI. EPA Contract Nos. 68-01-3867, 68-03-2981.
(12) Yalkowsky, S.H. and R.M. Dannenfelser.
1992. Aquasol Database of Aqueous Solubility. Version 5.
College of Pharmacy, University of Arizona-Tucson, AZ. PC Version.
(13) Estimate from Log Kow.
(14) Bennett, S.R., J.M. Bane, P.J. Benford,
and R.L. Pyatt. 1984. Environmental Hazards of Chemical Agent
Simulants. CRDC-TR-84055, Aberdeen Proving Ground, Md.
(15) Munro, N.B. et al. 1999. The
Sources, Fate, and Toxicity of Chemical Warfare Agent Degradation Products.
Environ. Health Perspect. 107(12): 933-4.
(16) Monteil-Rivera, F., C. Groom, and J.
Hawari. 2003. Sorption and Degradation of
Octahydro-1,3,5,7-Tetranitro-1,3,5,7-Tetrazocine in Soil. Environ.
Sci. Technol. 37:3878-3884.
(17)
Seidell, A.1941. Solubilities of Organic Compounds. New York,
NY. D. Van Nostrand Co. Inc.
(18)
Riddick, J. A., et al. 1986. Organic Solvents; Physical Properties
& Methods of Purification. Techniques of Chemistry. 11th Edition.
New York, NY: Wiley-Interscience.
(19) ATSDR (Agency for Toxic Substances and
Disease Registry). 2015.
Toxicological Profile for Perfluoroalkyls.
Draft for Public Comment. Agency for Toxic Substances and Disease
Registry, Public Health Service, U.S. Department of Health and Human Services,
Atlanta, GA. Accessed May 2016.
http://www.atsdr.cdc.gov/ToxProfiles/tp200.pdf.
(20) Hekster, F.M., R.W. Laane, and P. de
Voogt. 2003. Environmental and toxicity effects of perfluoroalkylated
substances. Reviews of Environmental Contamination and Toxicology
179:99-121.
(22) Kauck, E.A., and A.R. Diesslin. 1951.
Some properties of perfluorocarboxylic acids. Industrial &
Engineering Chemistry Research 43(10):2332-2334.
(24) OECD (Organisation for Economic
Co-operation and Development). 2002. Hazard Assessment of
Perfluorooctane Sulfonate (PFOS) and its Salts. ENV/JM/RD (2002)
17/FINAL. Report of the Environment Directorate, Joint Meeting of the Chemicals
Committee and the Working Party on Chemicals, Pesticides and Biotechnology,
Co-operation on Existing Chemicals, Paris, November 21, 2002.