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25 Pa. Code § 250.702. Attainment requirements.

§ 250.702. Attainment requirements.

 (a)  Attainment of a standard shall be demonstrated with adherence to Data Quality Objectives (DQO) and Data Quality Assessment (DQA) processes as specified by the EPA, as appropriate. Attainment of the Statewide health or site-specific standard will apply to the vertical and horizontal extent of soil identified as contaminated from the release of a regulated substance above the selected standard and of groundwater at the point of compliance and beyond in a site characterization. Attainment of the background standard will apply to the vertical and horizontal extent of soil and water identified as contaminated from the release across the site. Where multiple releases occur on a property which produce distinctly separate zones of contamination, the characterization and subsequent attainment demonstrations apply individually to the separate zones.

 (b)  Demonstration of attainment in a final report shall include the following:

   (1)  A demonstration that the analysis of the data, through the application of statistical tests provided for in §  250.707 (relating to statistical tests), indicates that the standard has been met.

   (2)  For groundwater, a demonstration of a statistical time trend analysis, knowledge of the plume stability or other acceptable method that shows contaminant concentration at the point of compliance will not exceed the selected standard. A statistical analysis shall be applied that indicates continued attainment of the standard.

   (3)  For the site-specific standard, the following apply:

     (i)   If pathway elimination is part of the remediation, it shall be demonstrated on the basis of either an engineering or hydrogeologic analysis, or both, which includes fate and transport analysis that some or all of the exposure pathways have been eliminated.

     (ii)   If pathway elimination is not part of the remediation or it cannot be demonstrated that all pathways have been eliminated, it shall be demonstrated that the calculated numerical site-specific standards for the remaining pathways have been attained in accordance with paragraphs (1) and (2), using the procedures in §  250.707(c) and (d), or that the risk level remaining at a site does not exceed a risk level of 1 x 10-4 and a hazard index of 1, provided for in the act. If separate phase liquids are present, it shall also be demonstrated that calculated site-specific numeric standards are attained within the soil and groundwater directly impacted by the separate phase liquids when those numeric standards are associated with exposure to separate phase liquids.

   (4)  For the background and Statewide health standards, if separate phase liquids are present, attainment at the point of compliance shall also be demonstrated within the soil and groundwater directly impacted by separate phase liquids.

Cross References

   This section cited in 25 Pa. Code §  250.707 (relating to statistical tests).

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