Section 101. Purpose
Section 102. Authority
Section 103. Definitions
Section 104. Acronyms
Section 105. Applicability

Section 201. General Requirements
Section 202. Procedural Requirements
Section 203. Brownfield Consulting Firm Requirements

Section 301. General Requirements
Section 302. Risk-based Remediation Requirements and Land-use Restrictions

Section 401. Public Notice Requirements

Section 501. Decision on Brownfield Agreement
Section 502. Filing of Notice of Brownfield Agreement
Section 503. Notice by Brownfield Party of Conveyance of Brownfield Property
Section 504. Prospective Purchaser Notice
Section 505. Executive Director Authority

Section 601. Conditions for Modifications

Section 701. Liability Protection
Section 702. No Further Action Letter

Section 801. Cancellation

Section 901. Fees
Section 902. Brownfields Cleanup and Redevelopment Trust Fund

Section 1001. Hearings
Section 1002. Enforcement and Agency Reporting

Section 101. Purpose

The purpose of these regulations is to promote the voluntary remediation of contaminated sites in Mississippi. The regulations establish remediation requirements that are based on public health and environmental risks specific to the Brownfield Agreement Site. The formats and procedures set forth in these regulations are designed to advise a person, prior to submitting an application, of the information necessary to achieve the adequate and cost-effective characterization and remediation of a Brownfield Agreement Site. All information requirements may not be applicable for all Brownfield Agreement Sites as long as the Applicant provides written justification.

Section 102. Authority

The Mississippi Department of Environmental Quality (MDEQ) and the Mississippi Commission on Environmental Quality (MCEQ) are authorized to administer the requirements of the Act and the regulations promulgated there under as set forth in Mississippi Code Annotated Section 49-35-1 through 27.

Section 103. Definitions

As used in these regulations, the following terms have the specified meaning, except where otherwise indicated.

Absorption factors mean the chemical-specific values that represent the fraction of the chemical from an environmental medium such as soil that can pass across the exchange boundaries of the organism (e.g., skin, lungs, gut) for absorption. The relevant absorption factors for chemicals into humans will be those published by EPA (e.g., the EPA’s Dermal Exposure Assessment: Principles and Applications [EPA/600/8-91/011B), EPA Region 4's Supplemental Guidance to Risk Assessment Guidance to Superfund [RAGS]), those published in peer-reviewed literature, or other appropriate values as approved by MCEQ.

Act means the Mississippi Brownfields Voluntary Cleanup and Redevelopment Act, Miss. Code Ann. Sections 49-35-1 through 27.

AIHC means American Industrial Health Council.

Application means forms prescribed by MCEQ or MDEQ, the accompanying information specified in the forms, and other additional information requested by the MCEQ or the MDEQ pursuant to Section 49-35-7 of the Act.


Applicant or “Brownfield Applicant” means the person(s) who has applied to become a Brownfield Party.

Aqueous Solubility means the solubility of a pure substance in water. It is the maximum amount of a chemical that will dissolve in pure water at a temperature of 30 degrees Celsius.

Assessment endpoint means the explicit expressions of the actual environmental value that is to be protected. See also the definition for measurement endpoint.

ASTM means the American Society for Testing and Materials.

Background chemical means a substance which is: (a) consistently present in the environment at and in the vicinity of the Brownfield Agreement Site; and (b) attributable to geologic or natural conditions.

Bioconcentration means the uptake and accumulation or concentration of a chemical in an individual organism.

Biomagnification means the accumulation of a chemical (that has the property to bioconcentrate) in humans or an animal through the food chain, i.e., from the ingestion of organisms or other animals tainted with the chemical.

Brownfield Agreement or “Agreement” means an agreement between the Applicant and MCEQ for the remediation of a Brownfield Agreement Site.

Brownfield Agreement Order or “Agreement Order” means an Order issued by the Commission which embodies a Brownfield Agreement.

Brownfield Agreement Site or “site” means Brownfield Property that is remediated under a Brownfield Agreement. The Site shall consist of the Brownfield Property that is the subject of the application and any other Brownfield Property:

1. for which the source of contamination is environmental contamination or activities on or under the Brownfield Property that is the subject of the application, and
2. concerning which the MCEQ determines that remediation is necessary.

1. sites proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL or sites listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites or concerning which EPA has subsequently determined that listing is inappropriate;
2. sites for which an administrative or judicial order is issued which is still in effect or enforcement action commenced under CERCLA or Sections 3001(b)(3)(B)(iv.), 3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of 1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA); or
3. sites undergoing corrective action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that the United States Environmental Protection Agency determines have completed corrective action.

1. measurable using best available technologies, or
2. for groundwater, the concentration of the chemical of concern is at or above the aqueous solubility limit for that pure compound or the effective solubility limit for that compound in a chemical mixture, or
3. for soils, the concentration of the chemical of concern is at or above the soil saturation limit for that compound for all chemicals with a melting point less than 30 degrees Celsius.

1. comparing the UCL of the Mean for a CoC applying statistical methods to the Tier 1 TRGs,
2. comparing EPCs to calculated background chemical concentrations,
3. comparing EPCs to calculated regionally prevalent chemical concentrations,
4. utilizing site-specific variables (i.e., exposure frequency, exposure duration, etc.) to calculate site-specific RGs,
5. eliminating/minimizing exposure routes,
6. conducting an analysis of Petroleum Hydrocarbons using TPH Fractioning, or
7. other methods approved by MDEQ.

Section 104. Acronyms

CAP Corrective Action Plan
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (Public Law 96-510), as amended by the Superfund Amendments and Reauthorization Act of 1986
CoC Chemical of Concern
EPA United States Environmental Protection Agency
MCEQ Mississippi Commission on Environmental Quality
MCL Maximum Contaminant Level
MDEQ Mississippi Department of Environmental Quality
NPL EPA’s National Priorities List
OSWER EPA’s Office of Solid Waste and Emergency Response
QAPP Quality Assurance Project Plan
QMP Quality Management Plan
QA/QC Quality Assurance/Quality Control
RBCs Risk-Based Concentrations
RCRA Resource Conservation and Recovery Act of 1976, as amended, 42 USC 6901 et seq.
RG Remediation Goal
SCEM Site Conceptual Exposure Model
TPH Total Petroleum Hydrocarbon
TRGs Target Remediation Goals
VEP Mississippi Uncontrolled Site Voluntary Evaluation Program
UCL Upper Confidence Level

Section 105. Applicability

a) The following sites are not eligible for inclusion in a Brownfield Agreement Site:

1) Sites proposed by the EPA for the National Priorities List (NPL) but not listed on the NPL or those sites listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency (EPA) has issued certificates of completion of the remediation set forth in the records of decision for those sites or concerning which EPA has subsequently determined that listing is inappropriate.

2) Sites for which an administrative or judicial order is issued which is still in effect or enforcement action commenced under CERCLA or Sections 3001(b)(3)(B)(iv), 3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of 1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA) and which is still in effect; and

3) Sites undergoing corrective action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that the United States Environmental Protection Agency determines have completed corrective action.

Section 201. General Requirements

a) Brownfield Agreement applications must be filed in the format prescribed by MDEQ. Prior to approval, the application must be complete and must contain all of the information required by MDEQ, including, but not limited to, information necessary to demonstrate the following:

1) That as a result of the proposed remediation, the Brownfield Property will be suitable for the use or uses specified in the application while fully protecting public health and the environment;

2) That the Brownfield Party has or can obtain the financial, managerial, and technical resources to implement fully and complete the proposed remediation and to assure the safe use of the Brownfield Property;

3) That the current owners of all surface interests (including legal and equitable) in the Brownfield Properties that are the subject of the application have given written approval for inclusion of their property interest in the Brownfield Agreement Site. This approval shall be provided on the form prescribed by MDEQ;

4) That the Brownfield Party will comply with all applicable procedural requirements; and

5) That all items contained in the application form have been addressed by either providing the required information or stating that the item is not applicable. In the event that an item is considered not applicable, the Brownfield Party must include a written justification in the application that demonstrates to the satisfaction of MDEQ that the item is not applicable to the application.

1) The legal description of the Brownfield Property;

2) The names and addresses of all persons who have an interest in the Brownfield Properties that are the subject of the application as defined in Section 201(a) and (b) of these regulations; and

3) The names and addresses of all surface-interest property owners contiguous to the Brownfield Property.

1) A statement of whether the applicant has had a federal or state environmental permit revoked in the five years preceding the date of submission of the Brownfield Agreement application. If any revocation has occurred, the of the authority that revoked the permit and the stated reasons; the date, location and type of any administrative or judicial proceedings initiated concerning the revocation; and the current status of the proceedings.

2) A list of all orders, citations, and notices of violation issued against the Applicant during the five years preceding the date of submission of the application for any violations or alleged violations of environmental permits, laws and/or regulations. For each document listed, the Applicant shall include a brief description of the particular violation alleged, the terms of the order, including any required action and penalty, and the current status of the proceeding.

3) MDEQ may require the Applicant to submit additional information with regard to compliance history.

Section 202. Procedural Requirements

a) Within thirty (30) days after the date an application is submitted to MDEQ, MDEQ shall review the application to determine whether the application is a complete application and forward a letter to the Applicant advising either (1) that the application is complete or (2) that the application is incomplete and listing the specific sections that must be submitted or supplemented to make the application complete.

b) Within thirty (30) days after the date that MDEQ forwards a letter to the Applicant advising that the application is complete, MCEQ shall issue an order which sets forth a schedule for:

1) the identification of other Brownfield Property that has been impacted by activities on or under the Brownfield Property that is the subject of the application;

2) MDEQ’s technical review of the application; and

3) the Brownfield Party’s submission of additional information required by MDEQ.

Section 203. Brownfield Consulting Firm Requirements

a) In order to be listed on the approved list of Brownfield Consulting Firms, a firm must, at a minimum,

1) Submit an application to MCEQ for its approval, in a format prescribed by MDEQ;

2) Have as an employee either a Professional Engineer or a Professional Geologist, registered in the State of Mississippi, with at least four (4) years experience in hazardous site characterization and remediation of which one year must be within five (5) years preceding the date of the application;

3) Have either as an employee or as a subcontractor a Professional Engineer or a Professional Geologist (whichever Professional designation is not satisfied by Section 203(a)(2) of these regulations), registered in the State of Mississippi, with (a) at least four (4) years experience in hazardous site characterization and remediation of which one year must be within five (5) years preceding the date of the application and (b) a current certificate of comprehensive general liability insurance (or other insurance acceptable to MDEQ) of at least $1,000,000.00 or greater as required by MDEQ;

4) Submit a Quality Management Plan to MDEQ for its approval, in a format prescribed by MDEQ;

5) Supply a current certificate of comprehensive general liability insurance (or other insurance acceptable to MDEQ) of at least $1,000,000.00 or greater as required by MDEQ; and

6) Supply such other information as required by MDEQ.

1) Submission of false information;

2) Failure to submit an updated application upon modification of material information, as required by Section 203(b) of these regulations;

3) Failure to perform in a responsible manner with respect to matters including, but not limited to, responsiveness, technical competence, workmanship, or any other matter essential to the efficient and effective completion of the Brownfield Agreement, as determined by MCEQ;

4) Failure of key personnel to attend MDEQ-approved continuing education, as required by MDEQ;

5) Failure to meet any of the requirements of this section; and

6) Such other good cause as determined by MCEQ.

1) Listing of a firm on the approved list of Brownfield Consulting Firms;

2) Removal of a firm on the approved list of Brownfield Consulting Firms; and

3) Denial of an application for listing of a firm on the approved list of Brownfield Consulting Firms.

Section 301. General Requirements

a) Once MDEQ has completed its review of the application and any other information required to be submitted by the Applicant, MDEQ shall prepare a proposed Brownfield Agreement.

b) The Brownfield Agreement shall contain the following:

1) A description of the Brownfield Agreement Site sufficient to serve as a legal description of that Site,

2) A description of all remediation to be conducted on or under the Brownfield Agreement Site, including:

i. A description of specific areas where remediation is to be conducted;

ii. The remediation method or methods to be employed;

iii. The financial, technical and managerial resources that the Brownfield Party will make available;

iv. A schedule of remediation activities;

v. Remediation requirements that are based on public health and environmental risks specific to the Brownfield Agreement Site;

vi. A schedule for implementation and completion of the remediation;

vii. Any land-use restrictions or engineering controls constituting any part of the remediation required by MCEQ;

viii. A requirement that the Brownfield Party shall notify MDEQ at least fourteen (14) days prior to the date scheduled for any field work to provide MDEQ an opportunity to observe, inspect, and/or collect split samples; and

ix. A plat which identifies any part of the Brownfield Property for which use is restricted.

3) The proposed uses of the Brownfield Agreement Site after all remediation required by MCEQ is complete.

4) A schedule for administration of the Brownfield Agreement by MDEQ.

5) Requirements, as deemed appropriate by MCEQ, for reporting on the progress of remediation conducted on or under the Brownfield Agreement Site.

6) Requirements as deemed appropriate by MCEQ for reporting on the status of the Brownfield Agreement Site following completion of all remediation including the status of the institutional controls, engineering controls and monitoring.

7) Any other provisions deemed necessary by MCEQ to implement the Brownfield Agreement.

Section 302. Risk-based Remediation Requirements and Land-use Restrictions

a) A Brownfield Agreement shall establish remediation requirements that are based on public health and environmental risks specific to the Brownfield Agreement Site and in accordance with Mississippi Code Annotated Section 49-35-7. In establishing the risk-based remediation requirements in a Brownfield Agreement, MCEQ shall consider the use of appropriate land-use restrictions and/or engineering controls proposed by the Brownfield Party. MCEQ may determine that permanent engineering controls in conjunction with appropriate land-use restrictions satisfy the remediation required by MCEQ in the Brownfield Agreement. These risk-based remediation requirements may include contaminant-specific, state-specific, site-specific and/or likelihood-of-risk methodologies for the implementation of these risk-based remediation requirements. Any party to a Brownfield Agreement who complies with the requirements of a Brownfield Agreement may rely on these risk-based remediation requirements, land-use restrictions and engineering controls as governing the extent of remediation required to be performed by the Brownfield Party on or under the Brownfield Agreement Site for all purposes of the Act. Any risk-based remediation requirements, land-use restrictions and engineering controls implemented under a Brownfield Agreement shall be conducted in a cost-effective manner, consistent with projected future uses of the Brownfield Agreement Site.

b) Remediation options include, but are not limited to, the use of appropriate land-use restrictions, engineering controls, monitored on-site containment, excavation, monitored natural attenuation, soil vapor extraction, dual-phase extraction, pump & treat, phytoremediation, landfarming, and/or any other remediation option or combinations thereof approved by MCEQ.

c) The three procedures for determining risk-based remediation requirements follow:

1) Tier 1 Evaluation

i. The Tier 1 human health and environmental evaluation consists of comparing the maximum or high-end concentrations or Minimum Quantitation Limits (MQLs) (if results are presented as not detected [ND]) of site-related chemicals (Chemicals of Concern [CoCs]) in soil or sediment (and groundwater or leachate, as necessary) with chemical-specific Target Remediation Goals (TRGs) for the assessment of potential risks to humans. Human health TRGs, except for surface water TRGs, are presented in MDEQ’s Risk Evaluation Procedures developed for use with these regulations. The Tier 1 TRGs may either be used as “default” remediation goals or may be used as a screening tool that will trigger a Tier 2 Evaluation.

ii. The Tier 1 ecological risk screen is performed to determine whether ecological receptors of concern are present and potentially impacted. If they are present and potentially impacted, a Tier 3 assessment of ecological risk shall be performed to assess the potential ecological impact. A Tier 1 Evaluation is applicable for Sites with no known ecological receptors of concern present.

2) Tier 2 Evaluation

A Tier 2 Evaluation is a more in-depth evaluation of site-specific conditions beyond the Tier 1 Evaluation methodology. The Tier 2 Evaluation may include, but is not limited to, an evaluation of site-specific conditions by
1) comparing the UCL of the Mean for a CoC utilizing statistical methods to the Tier 1 TRGs,
2) comparing EPCs to calculated background chemical concentrations,
3) comparing EPCs to calculated regionally prevalent chemical concentrations,
4) utilizing site-specific variables (i.e., exposure frequency, exposure duration, etc.) to calculate site-specific RGs,
5) eliminating or minimizing exposure to contaminants,
6) conducting an analysis of Petroleum Hydrocarbons using TPH Fractioning, or
7) other methods approved by MDEQ.

i. Statistical Methods - If the Brownfield Applicant can demonstrate to the satisfaction of MDEQ that the Upper Confidence Level (UCL) of the Mean for a CoC utilizing statistical methods is less than the Tier 1 TRG for that CoC, then the Brownfield Applicant shall have the option of using the UCL of the Mean instead of the highest concentration on-site using Tier 1 Methodologies. The Brownfield Applicant must demonstrate to the satisfaction of MDEQ that the data are statistically normal or can be statistically normalized.

ii. Site Background - CoC concentrations may be compared to site background chemical concentrations to evaluate appropriate remedial actions at the Brownfield Agreement Site in accordance with MDEQ’s Risk Evaluation Procedures. To establish background chemical concentrations, the Brownfield Applicant may collect samples from locations outside of the influence of known contaminated areas and regionally prevalent chemicals and must analyze these samples using the same analytical methods as the CoC analyses. Sites where the concentrations of CoCs are at or below background chemical concentrations are subject to Sections 105(e) and 202(e) of these Regulations.

iii. Regionally Prevalent Chemicals - CoC concentrations may be compared to regionally prevalent chemical concentrations to evaluate appropriate remedial actions at the Brownfield Agreement Site in accordance with MDEQ’s Risk Evaluation Procedures. To establish regionally prevalent chemical concentrations, the Brownfield Applicant may collect samples from locations throughout a substantial geographic region and outside the influence of known contaminated areas and must analyze these samples using the same analytical methods as the CoC analyses. Sites where the concentrations of CoCs are at or below regionally prevalent chemical concentrations are subject to Sections 105(e) and 202(e) of these Regulations.

iv. Site-Specific Variables - If the Brownfield Applicant can demonstrate to the satisfaction of MDEQ that site-specific variables (i.e., exposure duration, exposure frequency, moisture content, etc.) are more representative of site conditions than the default variables utilized in the development of the Tier 1 TRGs, the Brownfield Applicant may utilize site-specific variables to develop RGs for the CoCs.

v. Eliminate/Minimize Exposure Routes - If the Brownfield Applicant can demonstrate to the satisfaction of MDEQ that land-use restrictions and engineering controls at the site will eliminate all complete exposure pathways or will minimize contamination exposure to levels that will be protective of human health and the environment, MDEQ may determine that further remediation is not required. The Commission considers the presence of free product to be an unacceptable potential risk to public health and the environment because it is considered to be a continuing source of contamination that may increase the level of risk that is the basis for the remediation requirements, may reduce the margin of safety provided by the remediation design, or may jeopardize the permanence of the Brownfield Agreement. Therefore, free product must be removed unless it can be demonstrated to the satisfaction of MDEQ that removal of the free product is technically impracticable. The Applicant must also demonstrate to the satisfaction of MDEQ that the contamination is confined and will remain confined within the site boundaries. Any monitoring plan must be approved by MDEQ.

vi. Tier 2 TPH Fractioning – For sites that do not meet the Tier 1 TPH TRGs, the Brownfield Party may either (1) conduct a more detailed evaluation of petroleum hydrocarbons using the methodology outlined in MDEQ’s Risk Evaluation Procedures or (2) conduct another TPH risk evaluation of approved by MDEQ.

vii. Other Approved Methods - MDEQ may approve other risk evaluation methodologies under Tier 2.

3) Tier 3 Evaluation

A Tier 3 Evaluation is a site-specific assessment of the baseline risk of the Site (risk posed by the Site without remediation) based on current EPA risk assessment guidance, specifically those published by the Office of Emergency and Remedial Response (Superfund program), the Risk Assessment Forum, and selected EPA Regional Offices. In this evaluation, an assessment of risk for all completed exposure pathways to humans and/or ecological receptors must be calculated.

i. Human Health Evaluation - For human health, the remediation goal (RG) for each individual contaminant which is a carcinogen must be calculated to attain a Risk Level of 10-6 (i.e.,1 in a million). For a systemic toxicant, the remediation goal must be calculated to attain a total hazard quotient of not more than 1, except with regard to a background chemical concentration or a regionally prevalent chemical concentration. In cases where contaminants with corrective action concentrations established through federal and/or state programs (i.e., Safe Drinking Water Act maximum contaminant levels (MCLs)) are present, the MDEQ will determine the appropriate corrective action concentration on a contaminant-by-contaminant basis. MDEQ may consider an alternative quantitative or qualitative remediation goal (RG) for each individual contaminant, provided the Applicant can demonstrate to the satisfaction of MDEQ that the attainment of a Risk Level of 10-6 for each individual carcinogenic contaminant or a total hazard quotient of not more than 1 for each individual systemic toxicant is technically impracticable, except with regard to a background chemical concentration or a regionally prevalent chemical concentration. In no event, except with regard to background chemical concentrations, may either the cumulative (total) site carcinogenic risk exceed 1 x 10-4 for carcinogenic CoCs or the site hazard index (summation of hazard quotients) exceed 3 for non-carcinogenic CoCs affecting the same organ or organ system.

ii. Ecological Evaluation - For the assessment of ecological risk, the maximum or high-end soil, sediment, or surface water data must be compared with threshold or benchmark values for the protection of the ecological receptors of concern. The Brownfield Applicant must demonstrate either that the concentration of the affected media is below the threshold or benchmark values or that the hazard quotient for the individual CoCs is below 1 utilizing the quotient method.

1) Unrestricted land-use - The unrestricted land-use designation is available to property with contaminant concentrations at or below the Tier 1 table concentrations (provided in MDEQ’s Risk Evaluation Procedures) for unrestricted land-use.

2) Restricted land-use - Brownfield Property that has contaminant concentrations that exceed the unrestricted contaminant concentration values in the Tier 1 table provided in MDEQ’s Risk Evaluation Procedures are classified as restricted. A Brownfield Agreement regarding restricted property must require the creation of a land use restriction referenced in the Brownfield Agreement and in the deed notice, entitled the Notice of Brownfield Agreement Site. The Brownfield Agreement, any required Consent Forms, and the Notice of Brownfield Agreement Site must be filed by the Brownfield Party in the appropriate county courthouse. The Notice of Brownfield Agreement Site must identify the contaminant(s) present at the Site above the Tier 1 table for unrestricted land-use, the media affected, and delineate the vertical and horizontal extent of the contaminant(s) on the Brownfield Property. If the contaminant(s) concentration is at or below the Tier 1 table concentration for restricted land-use, or at or below the site-specific Tier 2 or Tier 3 calculated concentration for restricted land-use, specific restrictions including, but not limited to, property access, property use, or property activities (with an acceptable human exposure duration) shall be stated in the Notice of Brownfield Agreement Site. In addition, the description, location, and maintenance, if applicable, of any engineering controls shall be included in the Notice of Brownfield Agreement Site.

Section 401. Public Notice Requirements

a) Public Notice by the MCEQ:

1) At least forty-five days (45) before the date MCEQ considers the proposed Brownfield Agreement, MDEQ shall publish a public notice in a newspaper of general circulation in the county or counties in which the Brownfield Agreement Site is located. The public notice shall:

i. describe the proposed Brownfield Agreement, including the proposed Brownfield Agreement Site;
ii. request public comment on the proposed agreement within thirty (30) days after the date of publication of the notice; and

iii. provide the date and location of MCEQ's consideration of the proposed Brownfield Agreement.

2) At the time it forwards the notice for publication, MDEQ shall mail or deliver to the governing authorities of the local governments in which the proposed Site is located, including but not limited to the local zoning authorities, a copy of the public notice.

3) A copy of the proposed Brownfield Agreement shall be filed for public inspection in the office of the chancery clerk of the county or counties in which the proposed Brownfield Agreement Site is located.

1) At the time of publication of the public notice under paragraph (a) of this subsection, an Applicant Brownfield Party shall notify by certified mail, return receipt requested, each record surface owner of property contiguous to the Brownfield Agreement Site (at the address contained in the county records, if available) identified by the Brownfield Party after examination of the land records of the county or counties in which the Brownfield Agreement Site is located.

2) The Brownfield Party shall submit to the MDEQ copies of all letters forwarded to contiguous property owners and copies of the completed return receipts within thirty days after mailing.

1) A Brownfield Party entering into a Brownfield Agreement shall submit to MDEQ for its approval a proposed Notice of Brownfield Agreement Site before execution of the Brownfield Agreement as provided in Section 501 of these regulations.

2) A Notice of-Brownfield Agreement Site:

i. Shall be titled "Notice of Brownfield Agreement Site";

ii. Shall include a survey plat of the Brownfield Agreement Site prepared and certified by a professional land surveyor registered in the State of Mississippi which contains a legal description of the Brownfield Agreement Site and identifies the following:

A. The location and dimensions of the areas of potential environmental contamination with respect to permanently surveyed benchmarks;

B. The type, location, and quantity of contaminants known to exist on or under the Brownfield Agreement Site;

C. All land-use restrictions to be applied to the current or future use of the Brownfield Agreement Site. These land-use restrictions may apply to activities on or under the Brownfield Agreement Site, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining;

D. All engineering controls included in the Brownfield Agreement; and

E. Names and addresses of all persons who have an interest in the Brownfield Property;

iii. Shall be signed by the Applicant and all persons who have an interest in the Brownfield Agreement Site; and

iv. Shall contain a statement that all parties who have an interest in the Brownfield Agreement Site agree to the land-use restrictions, if applicable.

1) MDEQ may conduct a public hearing on the proposed Brownfield Agreement in the county in which the majority of the proposed Brownfield Agreement Site is located, or in any other location in the local area of the proposed Brownfield Agreement Site that is convenient to the members of the public who may have an interest in the proposed Brownfield Agreement.

2) MDEQ shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed Brownfield Agreement Site is located.

Section 501. Decision on Brownfield Agreement

a) The approval of a Brownfield Agreement shall be based on a complete application which MDEQ determines to contain all information required under the Act or these regulations. If MCEQ finds that the proposed Brownfield Agreement complies with the Act and these regulations, the MCEQ, by order, shall approve the proposed Brownfield Agreement. After approval of the Brownfield Agreement, the Executive Director and the Brownfield Party shall execute the Brownfield Agreement.

b) MCEQ may consider an Applicant’s financial resources, technical resources, managerial resources and compliance history in determining whether or not to approve a Brownfield Agreement.

c) Prior to approval of the Brownfield Agreement, MCEQ may require the applicant to demonstrate to the satisfaction of MCEQ that contamination (the source of which is not environmental contamination or activities on or under the Brownfield Property that is the subject of the application but which is contributing or potentially contributing to contamination on or under the Brownfield Property that is the subject of the application) will not migrate onto the Brownfield Property or otherwise compromise the level of remediation of the Brownfield Property required by the Brownfield Agreement. This demonstration may include institutional controls, engineering controls or other preventive measures. In the event information is presented to MCEQ that migration of contamination has occurred or the level of remediation required under the Brownfield Agreement is being compromised, MCEQ may reopen the Brownfield Agreement.

d) MDEQ shall consider all environmental contamination on or under the Brownfield Property that is the subject of the application to be attributed to activities on or under said Property, unless the Brownfield Applicant can demonstrate to the satisfaction of MDEQ that (1) the source of environmental contamination is off-site and (2) that conditions on or under said Property have not and will not exacerbate or contribute to the contamination. MCEQ may, as it deems appropriate, inspect or require inspections; investigate or require investigations; evaluate or require evaluations; and/or issue orders regarding properties which are a source of contamination on or under the Brownfield Agreement Site.

e) MCEQ may enter into a Brownfield Agreement as proposed by MDEQ or may modify that agreement before entering into it. MCEQ subsequently may modify any Brownfield Agreement by entry of an order. The MCEQ orders issued under this Act shall be reviewable as provided in Section 49-17-41.

f) MCEQ may disapprove a proposed Brownfield Agreement or decline to enter into a Brownfield Agreement by entry of an order. In the order, MCEQ shall state the reasons for disapproval of the agreement or declining to enter into the agreement.

Section 502. Filing of Notice of Brownfield Agreement

1) Within fifteen (15) days after the Brownfield Agreement is executed, the Brownfield Party shall file a certified copy of the Brownfield Agreement and a Notice of the Brownfield Agreement Site in the office of the chancery clerk of the county in which the Site is located. The chancery clerk shall record and enter the Notice of the Brownfield Agreement Site and the Brownfield Agreement in the land records in accordance with Section 89-5-33 and collect the fees provided in Section 25-7-9. Any subsequent deed or other instrument conveying an interest in Brownfield Property shall state in the deed or instrument that the property is Brownfield Property and subject to a Brownfield Agreement, unless the notice is canceled under Section 801 of these regulations.

2) If the notice has not been canceled under Section 801 of these regulations, the seller of Brownfield Property shall disclose in the contract for the purchase of the Brownfield Property that the property is Brownfield Property and subject to a Brownfield Agreement.

Until the Executive Director issues a "no further action" letter under Section 702 of these regulations, the Brownfield Party shall submit written notice to MCEQ at least thirty days prior to any sale, conveyance or other change in surface ownership of any portion of the Brownfield Agreement Site. Approval from MCEQ shall be required for any sale, conveyance or other change in surface ownership of any portion of the Brownfield Agreement Site owned by the Brownfield Party desiring to make the change in ownership, if the new surface owner will be required to or will assume an obligation to perform any obligations under the Brownfield Agreement. In that case, the Brownfield Party and the new surface owner jointly shall provide information satisfactory to MCEQ that the new surface owner has the financial, managerial and technical resources to complete performance of the Brownfield Agreement obligations to be transferred and that the new surface owner agrees to complete this performance. The new surface owner shall also submit a statement to MDEQ on a form prescribed by MDEQ which sets forth the requirements of the Brownfield Agreement for which it accepts responsibility. The Brownfield Party shall remain responsible for the payment of all reasonable direct and indirect costs of MDEQ associated with administration of the Brownfield Agreement until MDEQ receives a form from the new surface owner by which the new surface owner accepts responsibility for the payment of such costs. If MCEQ determines that the new surface owner has the necessary financial, managerial and technical resources, and an appropriate compliance history, to complete the performance of the Brownfield Agreement and that the new owner has agreed to do so, the MCEQ shall issue an order approving the transfer.

Section 504. Prospective Purchaser Notice

The Brownfield Party shall provide written notice of the Brownfield Agreement Site’s status as Brownfield Property to any prospective purchaser of any interest in the Brownfield Agreement Site.

Section 505. Executive Director Authority

Except for orders issued under subsections 501(b), 501(c), and 1002(c) of these regulations, MCEQ, under any conditions it may prescribe, may authorize the Executive Director to issue any orders required under this Act. A decision by the Executive Director shall be a decision of MCEQ and shall be reviewable as provided under Section 49-17-41.

Chapter 6. MODIFICATION OF BROWNFIELD AGREEMENT

Section 601. Conditions for Modifications

a) A Brownfields Agreement may be modified by order of MCEQ, if:

1) MCEQ receives new information demonstrating that a contaminant on or under the Brownfield Agreement Site poses less risk than the risk that formed a basis for the remediation requirements. Public notice as designated in Section 401 is required prior to any modification under this subparagraph (a)(1);

2) The Brownfield Party provides or has provided to MCEQ false information or fails to disclose to MCEQ relevant information about environmental contamination on or under the Brownfield Agreement Site that forms a basis for the Brownfield Agreement or that is offered to demonstrate compliance with the Brownfield Agreement;

3) New information becomes available after execution of the Brownfield Agreement indicating the existence of previously unknown contaminants or an area of previously unknown environmental contamination that has not been remediated to standards required by applicable federal or state law other than this Act. The Brownfield Agreement may be amended to include remediation of any previously unknown contaminants and any additional areas in the same Brownfield Agreement Site;

4) The level of risk to public health or the environment resulting from the Brownfield Agreement Site is increased beyond the level that forms a basis for the risk-based remediation requirements in the Brownfield Agreement due to changes in exposure conditions, including:

i. A change in land-use at the Site or contiguous to the Site that increases the probability of exposure to contaminants on or under the Brownfield Agreement Site or

ii. The failure of remediation to mitigate risks to the extent required to make the Brownfield Agreement Site fully protective of public health and the environment as provided in the Brownfield Agreement; or

iii. The receipt by MDEQ of new information after execution of the Brownfield Agreement about a contaminant on or under the Brownfield Agreement Site that increases the risk to public health or the environment on or under the Brownfield Agreement Site beyond the level that is the basis for the risk-based remediation requirements in the Brownfield Agreement and in a manner or to a degree not anticipated in the Brownfield Agreement;

1) Typographical errors;

2) Equipment replacement or upgrade with functionally equivalent components;

3) Changes in the frequency of or procedures for monitoring, reporting, sampling or maintenance activities;

4) Changes in interim compliance dates;

5) Changes to waste sampling or analysis methods to conform with MDEQ or EPA guidance or regulations;

6) Changes in name, address, or phone number of contacts;

7) Changes in groundwater sampling or analysis procedures; or

8) Such other changes determined by MDEQ not significantly to change or have the reasonable potential significantly to change the Brownfield Agreement.

Section 701. Liability Protection

a) Except as provided under Section 701(e) and Section 1002(c) of these regulations, a Brownfield Party who executes a Brownfield Agreement shall be relieved of liability to all persons other than the United States for:

1) remediation of the Brownfield Agreement Site other than the remediation required by the Brownfield Agreement; and

2) all costs reasonably related to the remediation other than the remediation and costs required by the Brownfield Agreement or these regulations.

However, these regulations shall not affect the right of any person to seek relief against any party to the Brownfield Agreement who may have liability with respect to a Brownfield Agreement Site, except as provided in this section.

1) Any person under the direction or control of the Brownfield Party who directs or contracts for remediation or redevelopment of the Brownfield Agreement Site;

2) Any current owner and any future owner of the Brownfield Agreement Site;

3) Any person who develops, redevelops or lawfully occupies the Brownfield Agreement Site;

4) Any successor or assign of any person to whom the liability protection provided under this section applies; and

5) Any lender or fiduciary that provided financing for remediation or redevelopment of the Brownfield Agreement Site.

1) The Brownfield Party provides to MCEQ false information or fails to disclose to MCEQ relevant information about environmental contamination on or under the Brownfield Agreement Site that forms a basis for the Brownfield Agreement, that is offered to demonstrate compliance with the Brownfield Agreement;

2) New information becomes available after execution of the Brownfield Agreement indicating the existence of previously unknown contaminants or an area of previously unknown environmental contamination that has not been remediated to standards required applicable federal or state law other than these regulations. The Brownfield Agreement may be amended to include remediation of any previously unknown contaminants and any additional areas in the same Brownfield Agreement Site;

3) The level of risk to public health or the environment resulting from the Brownfield Agreement Site is increased beyond the level that forms a basis for the risk-based remediation requirements in the Brownfield Agreement due to changes in exposure conditions, including:

i. A change in land-use at the Site or contiguous to the Site that increases the probability of exposure to contaminants on or under the Brownfield Agreement Site; or

ii. The failure of remediation to mitigate risks to the extent required to make the Brownfield Agreement Site fully protective of public health and the environment as provided in the Brownfield Agreement.

4) MDEQ receives new information after execution of the Brownfield Agreement about a contaminant on or under the Brownfield Agreement Site that increases the risk to public health or the environment on or under the Brownfield Agreement Site beyond the level that is the basis for the risk-based remediation requirements in the Brownfield Agreement and in a manner or to a degree not anticipated in the Brownfield Agreement; or

5) A Brownfield Party fails to file a timely and proper Notice of Brownfield Agreement Site under Section 401(c) of these regulations.

Upon completion of the Brownfield Agreement, the Brownfield Party may petition MCEQ to determine that the Brownfield Party has completed performance of the Brownfield Agreement. If MCEQ determines after conducting an inspection of the Brownfield Agreement Site that the Brownfield Party has completed the Brownfield Agreement, MCEQ shall issue an order stating MCEQ’s conclusion. Following issuance of an order by MCEQ, the Executive Director shall issue a "no further action" letter. The letter shall include the following statement: "Based upon the information provided by [Brownfield Party] concerning property located at [location], it is the opinion of the Commission on Environmental Quality that [Brownfield Party] has successfully and satisfactorily implemented and completed the approved Brownfield Agreement. No further action is required to assure that the remediation required under the Brownfield Agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”

Chapter 8. CANCELLATION OF NOTICE OF BROWNFIELD AGREEMENT

Section 801. Cancellation

If a Brownfield Party remediates a Brownfield Agreement Site to a risk level of unrestricted use, the Brownfield Party may petition MCEQ to cancel the Notice of Brownfield Agreement Site. If MCEQ issues an order canceling the notice, the current owner of the Brownfield Agreement Site shall file a statement issued by the Executive Director in accordance with MCEQ’s order canceling the notice in the office of the chancery clerk in any county in which the Brownfield Agreement Site is located. The Executive Director’s statement shall contain the names of the owners of the Brownfield Agreement Site as shown in the Notice of Brownfield Agreement Site and reference the book and page where the notice is recorded. After collecting the proper fee fixed in Section 25-7-9, the chancery clerk shall record the Executive Director’s statement as provided in subsection (e) of this section. The chancery clerk shall make a marginal entry on the Notice of Brownfield Agreement Site showing the date of cancellation and the book and page where the Executive Director’s statement is recorded, and the chancery clerk shall sign the entry.

Chapter 9. FEES AND TRUST FUND

Section 901. Fees

a) The Brownfield Party who submits a Brownfield Agreement application shall pay all reasonable direct and indirect costs of MDEQ associated with the processing of the Brownfield Agreement application and administration of the Brownfield Agreement less the advance costs required in Section 901(b) of this section, unless another funding source (e.g., EPA Cooperative Agreement) is available, acceptable, and approved by MDEQ.

b) A Brownfield Party who submits a Brownfield Agreement application for review by MDEQ shall pay advance costs of Two Thousand Dollars ($2,000.00) at the time the application is submitted to MDEQ. MDEQ will apply the Two Thousand Dollar ($2,000.00) advance costs to the final invoice as determined by MDEQ.

c) MCEQ shall set by order a schedule of costs for the processing of the Brownfield Agreement applications and the administration of Brownfield Agreements by MDEQ.

d) Reasonable direct and indirect costs shall include the cost of MDEQ’s utilization of the services of an independent contractor and/or contractual worker to evaluate information associated with the processing of the Brownfield Agreement application and administration of the Brownfield Agreement less the advance costs required in Section 901(b) of this section.

e) MCEQ may delegate to MDEQ responsibility for the collection of costs in Section 902(a)(1) and (2).

f) All costs under Section 902(a)(1) shall be due before a date specified by MDEQ, which shall be no less than thirty (30) days following the invoice date. If any part of the costs that are imposed is not paid within thirty (30) days after the due date, a penalty of up to twenty-five percent (25%) of the amount due may be imposed and added to that amount. Any penalty collected under this section shall be deposited into the Brownfields Cleanup and Redevelopment Trust Fund created by Miss. Code Ann. Section 49-35-25(4). If MDEQ pursues legal action to collect costs incurred, reasonable attorney's fees and costs may be assessed against the delinquent party pursuant to Miss. Code Ann. Section 49-35-25(7).

g) Any person required to pay costs under this section who disagrees with the calculation or applicability of the costs may petition MCEQ for a hearing in accordance with Section 49-17-35.

h) Costs collected under this section shall not supplant or reduce in any way the general fund appropriation to the MDEQ for the administration of this program, pursuant to Miss. Code Ann. Section 49-35-25(9).

i) MDEQ shall suspend any activities or actions related to the processing of the Brownfield Agreement application or administration of a Brownfield Agreement, if the Brownfield Party or Parties fails to pay any required costs or penalties imposed under this section. In addition, the MCEQ shall issue an order in accordance with Section 1002(b) requiring the Brownfield Party to pay the required costs within a certain time. Failure to comply with the order may subject the Brownfield Party to remedies set forth Mississippi Code Annotated Section 49-17-43 and removal of liability protection set forth in Section 701.

j) MDEQ shall submit a final invoice to the Brownfield Party within sixty (60) days of the issuance of a “No Further Action Letter” for Sites that do not require post-closure activities or compliance monitoring. For those Sites that require post-closure activities or compliance monitoring, MDEQ and the Brownfield Party shall agree upon reasonable direct and indirect costs associated with the administration of post-closure activities or compliance monitoring as outlined in the Brownfield Agreement.

k) Nothing in this section affects any existing program at MDEQ or affects any authority of MCEQ or MDEQ to take any action authorized by law.

Section 902. Brownfields Cleanup and Redevelopment Trust Fund

a) Pursuant to Miss. Code Ann. Section 49-35-25(4), there is created in the State Treasury a fund to be designated as the "Brownfields Cleanup and Redevelopment Trust Fund," referred to in this section as "fund," to be administered by the Executive Director.

b) Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the processing of the Brownfield Agreement applications and the administration of Brownfield Agreements.

c) Expenditures may be made from the fund upon requisition by the Executive Director.

d) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.

e) The fund may receive monies from any available public or private source, including, but not limited to, collection of costs, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.

f) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year.

g) All monies collected under this section shall be deposited into the fund.

Chapter 10. HEARINGS AND ENFORCEMENT

Section 1001. Hearings

Any person or interested party aggrieved by any order of MCEQ pursuant to the Act or these regulations may file a request for hearing or notice of appeal pursuant to Miss. Code Ann. Section 49-17-41. Any person who disagrees with any other action of MCEQ pursuant to the Act or these regulations may file a petition with MCEQ for a hearing pursuant to Miss. Code Ann. Section 49-17-35.

Section 1002. Enforcement and Agency Reporting

a) Any material failure of a Brownfield Party or the agents or employees of a Brownfield Party to comply with the Brownfield Agreement constitutes a violation of this section by the Brownfield Party. If a Brownfield Party violates this section, MCEQ may issue an order requiring the Brownfield Party to correct the violation in an appropriate time period established by the order.

b) If the Brownfield Party fails to comply with an order issued under Section 1002(b) or provides false information to MCEQ or MDEQ during the application process or in reports required by the Brownfield Agreement or by state or federal law, MCEQ may remove the liability protection afforded by the Brownfield Agreement under Section 701, require additional remediation, and/or assess civil penalties pursuant to Miss. Code Ann. Section 49-17-43.

c) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the Brownfield Party while implementing or failing to implement the Brownfield Agreement.

d) Any land-use restriction or engineering control in a Brownfield Agreement and in a Notice of Brownfield Agreement Site filed under this section may be enforced by MCEQ by initiating an administrative proceeding or by filing a civil action without first having exhausted all available administrative remedies.

e) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular Brownfield Property within the Brownfield Agreement Site. Any person who owns or leases Brownfield Property within the Brownfield Agreement Site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.

f) MCEQ may terminate a Brownfield Agreement by order issued pursuant to Section 1002(c). The order shall direct the executive director to issue a notice of cancellation of Brownfield Agreement. Any order to terminate shall provide that all liability protection provided by the Brownfield Agreement has been removed. The statement issued by the executive director shall direct the chancery clerk to make a marginal entry of termination on the Notice of Brownfield Agreement Site and the Brownfield Agreement. In the event a Brownfield Agreement is terminated, the Brownfield Party shall be responsible for notifying the following parties of the termination:

1) All owners of interest in the Brownfield Agreement Site;

2) All persons who own property contiguous to the Brownfield Agreement Site;

3) All local governments that were originally notified of the Brownfield Agreement;

1) Publish a notice of cancellation in a local newspaper;

2) Record all instruments of cancellation in the office of the chancery clerk in each county in which the Brownfield Agreement Site is located;

3) Pay all costs for the foregoing; and

4) Forward to MDEQ documentation evidencing the accomplishment of the foregoing.

Chapter 1. GENERAL

Section 101. Introduction

a) The Mississippi Brownfields Voluntary Cleanup and Redevelopment Program (Brownfields Program) utilizes risk-based criteria for Site evaluation and remediation. The risk-based procedures and rationale for evaluating environmental contamination on or under a Site are presented in this Subpart II. This evaluation is necessary to develop remediation requirements that are protective of human health and the environment. All remediation and/or corrective actions must be approved by MDEQ.

b) In considering the risk-based evaluation of conditions on or under a Site, the following must be addressed:

1) complete the Site Conceptual Exposure Model (SCEM) to evaluate site-specific risk and exposure conditions before and after remediation;

2) conduct a Site Characterization to delineate the nature and extent (vertically and horizontally) of contamination found on or under the Site;

3) complete the Site Ecological Checklist to determine whether an ecological risk assessment is necessary; and

4) conduct a Risk-Based Evaluation of the Site utilizing the Brownfields Program three-tiered approach.

1) A Tier 1 Evaluation is the comparison of site-specific data to a "look-up" table of chemical-specific target remediation goals (TRGs). Specific TRG concentrations have been determined to be protective of human health and the environment for restricted use and unrestricted use of a Site. The Tier 1 TRG Table is presented in Appendix A.

2) A Tier 2 Evaluation provides the Applicant the option of performing a more in-depth evaluation of site-specific conditions to develop site-specific Remediation Goals (RG) and/or to better define site-specific data to be used for a Tier 1 Evaluation.

3) A Tier 3 Evaluation is a site-specific risk assessment to evaluate the potential human health and ecological risks at the Site that will result in the development of site-specific Remediation Goals (RGs).

Chapter 2. BROWNFIELD SITE EVALUATION

Section 201. Site Conceptual Exposure Model (SCEM)

a) The SCEM is a graphical representation of actual and potential Site conditions based on available data and an understanding of those Site conditions. A BASELINE and a REMEDIAL SCEM must be completed and are provided in forms prescribed by MDEQ. The BASELINE SCEM represents the risk and exposure conditions that exist prior to the implementation of remediation. The REMEDIAL SCEM represents the risk and exposure conditions that exist or are expected to exist after the implementation of remediation. Items to be identified in the SCEM include the following:

1) chemical of concern (CoC) sources;
2) CoC movement (migration/transport);
3) the actual or potential exposure pathways; and
4) the actual or potential receptor populations.

1) Identify the Primary Sources (on-site and off-site) of contamination that exist or are believed to have existed.
2) Identify the Secondary Sources. Mark the media (soils, groundwater, sediments, or surface water) that have been impacted (Complete) or could potentially be impacted (Potentially Complete) by a release from a primary source.
3) Identify the Transport Mechanisms by which the contaminants may move through the environment.
4) Identify the Exposure Pathway that is the medium (soil, groundwater, air, sediments, or surface water) that a receptor will contact (Complete) or may contact (Potentially Complete).
5) Identify the Actual (Complete) and the Future (Potentially Complete) Receptors for restricted and unrestricted land-use.

a) BASELINE SCEM - The following sections describe the criteria for evaluating the completeness and potential completeness of contaminant exposure for the Site. All potential exposure pathways should be evaluated for completeness, as identified in the SCEM worksheets. The Applicant should provide as much detail as possible. Indicate all sources, transport mechanisms, pathways and receptors that are complete or potentially complete. If information is not available to support a pathway as incomplete then that pathway should be considered to be potentially complete and should be identified for evaluation until such information becomes available. A description of each of the BASELINE SCEM criteria is provided in the following sections.

1) Sources can be defined as either Primary Sources or Secondary Sources. Primary Sources are those present or past storage units (i.e., tanks, impoundments, piles), distribution systems (i.e., piping, manifolds, lines, pumps), operations (i.e., wash areas, repair bays, water treatment, blending tanks, formulation areas), waste management units (i.e., burn pits, disposal units, dumps) and other on-site and off-site sources of actual or potential contamination that have or may have leaked, leached, spilled, or otherwise been released and may have impacted the Site. Several categories of potential primary sources are included on the SCEM worksheet and can be identified by filling in the appropriate boxes on the worksheet. If the sources listed do not pertain to the Site, then use "Other". The Applicant should be as specific as possible about the source of contamination. Supporting documentation (i.e., analytical results, product storage/transmission information, tank information, etc.) of the primary source of contamination should be provided in the appropriate section(s) of the Work Plan and/or Site Characterization Report.

Secondary Sources are defined as transport media (i.e., surficial soils, subsurface soils, groundwater, sediments, or surface water) that have been impacted or potentially impacted by the primary (release) source. Identify all media that may serve as secondary sources of contamination. For the purposes of this Subpart II, surficial soil is defined as extending to 6 ft. below ground surface (bgs). The presence of CoCs that cannot be attributed to background should be identified as "complete," and any secondary source that is potentially affected by an on-site or off-site primary source should be identified as "potentially complete." The Applicant must provide adequate documentation to demonstrate that a secondary source has not been affected in order to remove that medium from further consideration. If such documentation has not yet been gathered to support the exclusion of a secondary source, then that medium must be identified as "potentially complete" until such time as such information becomes available. The BASELINE SCEM can be updated as additional site-specific data are gathered.

2) Transport Mechanisms are means by which the CoC release can migrate from the identified secondary sources and result in actual or potential human exposure. A variety of potential transport mechanisms are generally applicable to a site. Indicate on the BASELINE SCEM Worksheet those transport mechanisms that are applicable or potentially applicable to the site. Those transport mechanisms identified as applicable or potentially applicable should be marked "complete" or "potentially complete," respectively.
i. Surficial Soils - If surficial soil has been identified as a secondary source, then the following transport mechanisms must be identified as "complete" or "potentially complete":
A) Wind Erosion and Atmospheric Dispersion (For Non-Volatile Compounds Only)
B) Volatilization and Atmospheric Dispersion (For Volatile Compounds Only)
C) Volatilization and Enclosed-Space Accumulation (For Volatile Compounds Only)
D) Leaching and Groundwater Transport

Note: The Soil Exposure Pathway must also be identified as "complete" or "potentially complete" if surficial soil has been identified as a secondary source.

ii. Subsurface Soils - If subsurface soil has been identified as a secondary source, then the following transport mechanisms must be identified as "complete" or "potentially complete":
A) Volatilization and Enclosed-Space Accumulation (For Volatile Compounds Only)
B) Leaching and Groundwater Transport

iii. Groundwater - If groundwater has been identified as a secondary source, then the following transport mechanisms must be identified as "complete" or "potentially complete":
A) Volatilization and Enclosed-Space Accumulation (For Volatile Compounds Only)
B) Leaching and Groundwater Transport

iv. Sediments or Surface Water - If sediment or surface water has been identified as a secondary source, then Surface Water Runoff or Surface Water Transport must be identified as "complete" or "potentially complete."

3) Exposure Pathways are the processes by which human uptake or exposure to site-related compounds may occur. Identify all "complete" or "potentially complete" exposure pathways at the Site that may provide a means for human exposure. All exposure pathways should be identified as potentially complete if supporting information for the exclusion of the pathway is not currently available.

i. Soil - If surficial soils are affected, then direct exposure through incidental ingestion must be indicated as complete or potentially complete. Contamination in surface and subsurface soils may be available for exposure through direct contact during intrusive activities, such as construction. The future use of the site and any plans for construction should be considered when evaluating the completeness of direct contact to subsurface soils.

ii. Air - Contamination of surface soil provides the potential for human uptake or exposure through inhalation of vapor from volatile compounds and through inhalation of non-volatile compounds that have adsorbed to surface soil particulates. Contamination of subsurface soil provides the potential for human uptake or exposure through inhalation of vapor from volatile compounds (i.e., migration into basements or during intrusive activities such as construction) and through inhalation of non-volatile compounds that have adsorbed to subsurface soil particulates during intrusive activities, such as construction. In addition, the presence of volatile compounds in groundwater at the site produces the potential for volatilization into air (i.e., migration into basements, depth to groundwater is less than six (6) feet or intrusive activities).

iii. Groundwater - Contamination of groundwater requires that the Groundwater Exposure Pathway be marked as "complete" in the BASELINE SCEM. Surface and subsurface soils capable of leaching into groundwater at levels above the Groundwater TRG require that the Groundwater Exposure Pathway be marked as "complete" in the BASELINE SCEM. The presence of CoCs in surface and subsurface soils requires that the Groundwater Exposure Pathway be marked as "potentially complete" in the BASELINE SCEM. The Applicant must provide adequate documentation to demonstrate that CoCs in surface and subsurface soils will not leach into groundwater in order to remove that medium from further consideration. If documentation has not been gathered to support the exclusion of exposure pathway, that pathway must be identified as "potentially complete." The BASELINE SCEM can be updated as additional site-specific data are gathered.

iv. Surfare Water - The exposure pathways applicable to surface water are included in the SCEM Worksheet in order to protect surface water bodies that may be used for domestic or recreational purposes. The presence of site-related compounds in soils, sediments, surface water, or groundwater provides the potential for migration or discharge to either on-site or off-site surface water bodies that may be used for recreational purposes, for a potable water supply, or for livestock watering. If contaminants are present in onsite media and such a surface water body is present within 500 ft. of the Site boundary, the pathway should indicate "potentially complete." Provide documentation in the Work Plan and/or the Site Characterization Report that a water body is not associated with or affected by the Site.

4) The identification of Potential Receptor populations at the site is an important part of the completion of the BASELINE SCEM. It is important to know as much about the current and potential future use of the site and receptor populations, as possible. The receptor populations and the planned future use of the site are integral in supporting the remedial options at the site. Any and all potential receptor populations that could be exposed to site-related compounds should be identified on the BASELINE SCEM.

1) Institutional Controls - The use of institutional controls (land use restrictions and agreed order with MDEQ) can serve as barriers in preventing future contact with subsurface soils and groundwater. Site land-use may be "unrestricted" or "restricted" that relates generally to residential and industrial/commercial, respectively. The potential to restrict the future use of the site (example: use of the site to a defined industrial use only, or the limitations of future construction activities, prohibiting groundwater use) can be considered in the remediation of the Site. If no restrictions for future use will be placed on the property by the Applicant, the identified remediation goals will be based on the future unrestricted (residential) use of the Site. Documentation of the institutional controls must be provided to support the proposed site remediation. A land use restriction and agreed order with MDEQ shall be used for "restricting" the Site. Institutional controls are to be used to "shut off" exposure to contamination. The Site Characterization Report and/or Corrective Action Plan must document the appropriate restrictions to be implemented. The Institutional Control Shut-off Valve on the REMEDIAL SCEM should be marked to reflect this option. An institutional control by itself cannot be used if there is further migration and/or expansion of the contamination.

2) Engineering Controls - The use of engineering controls can reduce or eliminate the potential for exposure to contaminants through containment. Engineering Controls may include, but are not limited to, physical or hydraulic control measures (such as groundwater recovery trenches and leachate collection systems), groundwater treatment systems, engineered caps, liner systems, slurry walls or permanent structures, but shall not include the exclusive use of security fencing. Ingestion and dermal contact of soil contamination that exists under a building may be considered "shut off" provided the institutional control restricts the removal of the slab, thus eliminating the future potentially complete exposure route to soil contamination via ingestion or dermal contact. If an engineering control is used to "shut-off" exposure to contamination, the Site Characterization Report and/or Corrective Action Plan must document the appropriate engineering control and/or institutional control to be implemented. The Engineering Control Shut-off Valve on the REMEDIAL SCEM should be marked to reflect this option. An institutional control must be coupled with the engineering control to ensure the engineering control is maintained until the site is remediated to an unrestricted level.

3) Active Cleanup - The active cleanup (i.e., removal, treatment) of contamination to levels that are protective of human health and the environment can reduce or eliminate the potential for exposure to contaminants. If active cleanup is used to "shut off" exposure to contamination, the Site Characterization Report and/or Corrective Action Plan must document the active cleanup activities and/or institutional control to be implemented. The Active Cleanup Shut-off Valve on the REMEDIAL SCEM should be marked to reflect this option. An institutional control may be necessary, depending upon the projected length of the cleanup, particularly if groundwater has been impacted (e.g., pump and treat system has been installed and projected to continue for 30 years).

a) A Site Characterization must be conducted to delineate the nature and extent (vertically and horizontally) of contamination on and under the Site. Site characterization data should be collected and presented in accordance with the Quality Assurance Project Plan (QAPP) and Site Characterization Report formats. In general, the Applicant must demonstrate that the data are representative of the actual and/or potential contamination conditions at the Site. Collected data must include information describing and delineating the contaminant source area. Information pertaining to the characteristics of the CoCs, including the chemical and physical properties as well as the potential of the CoCs to migrate and transport to receptor locations through or in the affected media, must also be provided.

b) The degree of contamination in surface and subsurface soil should be determined by performing soil boring(s) down to the depth of groundwater in the saturated zone. Surface soil is defined as the soil located at the surface and extending to a depth of six (6) feet below the ground surface. The subsurface soil depth is any depth beyond six feet. The Applicant must address ingestion, potential dermal contact, and inhalation (through volatilization and particulates) of hazardous chemicals present in the surface soil. In addition, CoCs in the surface soil may be transported off-site through precipitation runoff.

c) The Applicant must demonstrate that groundwater is not impacted by the site-related contaminant; or that if groundwater is impacted, the impacted groundwater is confined and will remain confined within the Site. Groundwater contaminant concentrations should be determined by collecting groundwater samples.

d) Measured data are those data collected from temporary or permanent (monitoring) wells. The Applicant should install wells, as necessary, to delineate the vertical and horizontal extent of groundwater impact and to determine flow direction and groundwater quality. Wells must be installed, developed, purged, and sampled in a manner consistent with EPA Region IV, Science and Ecological Support Division, Environmental Investigations Standard Operating Procedures and Quality Assurance Manual, May 1996, as amended, or other procedures approved by MDEQ. Measured groundwater data must be based on unfiltered groundwater samples.

e) The site characterization data should be collected in accordance with data quality objectives (DQOs) stipulated in the QAPP. The DQOs shall, at a minimum, identify the number of field and quality control samples, quantitation limits, analytical methods, and sample collection, preservation, and handling methods. Matrix interferences shall be minimized to the extent feasible by modified sample extraction and preparation methods in accordance with EPA or MDEQ approved analytical methodologies.

f) The data collection strategy should be based on the Site Conceptual Exposure Model (SCEM) that hypothesizes or describes how the source chemicals or CoCs are released, transported, and exposed to the receptors.

g) The Applicant must demonstrate that the analytical laboratory data have been reviewed for compliance with the DQOs. In the Site Characterization Report, the Applicant shall identify data that meet DQOs.

h) To establish background chemical concentrations, the Applicant may collect samples from locations, as approved by MDEQ, outside of the influence of known contaminated areas and regionally prevalent chemicals and must analyze these samples using the same analytical methods as the CoC analyses.

i) To establish regionally prevalent chemical concentrations, the Applicant may collect samples from locations, as approved by MDEQ, throughout a substantial geographic region and outside the influence of known contaminated areas and must analyze these samples using the same analytical methods as the CoC analyses.

j) Historical data approved by MDEQ may be submitted in lieu of collecting new data provided that: (1) the Site characterization data requirements are summarized and presented in accordance with the Quality Assurance Project Plan and Site Characterization Report Formats; and (2) the data was collected in a manner consistent with appropriate sampling protocols, as approved by MDEQ. All detailed information must be referenced in the reports including sampling protocols. In any event, relevant previous site characterization reports should be submitted along with the application. Deviations from the required methodologies in the Quality Assurance Project Plan, Site Characterization Report, or Corrective Action Plan formats must be presented to and approved by MDEQ.

Section 204. Site Ecological Checklist

The Ecological Checklist is used to determined if ecological receptors of concern are present and potentially impacted (See Appendix D). If such receptors are present, MDEQ will make a determination as to whether a Tier 3 assessment of ecological risk should be performed to assess the potential ecological impact. Tier 1 and Tier 2 Evaluations are applicable for Sites with no known ecological receptors of concern.

Chapter 3. TIER 1 EVALUATION

Section 301. Tier 1 Evaluation Target Risk Level

The TRGs presented in the Tier 1 TRG table, Appendix A, are based on either (1) a 1x10-6 target risk level for each carcinogenic chemical, (2) a hazard index not to exceed 1 for each systemic toxicant, or (3) constituent TRG concentrations established through federal/state programs (i.e., Safe Drinking Water Act). The values presented in the Tier 1 TRG table will be modified periodically based on EPA updates of toxicity values obtained from the sources presented in Section 502(c)(2) of this Subpart II.

Section 302. Tier 1 Evaluation Procedures

a) The basic methodology for a Tier 1 Evaluation shall be the comparison of the highest concentration of each contaminant in each media to the TRGs provided in the Tier 1 TRG table. Results of the comparison will be used to determine if the site specific data are:

1) at or below the unrestricted risk value;
2) above the unrestricted risk value, but at or below the restricted risk value; or
3) above the restricted risk value.

1) clean-up and/or remove the affected media to a value at or below the unrestricted TRG values resulting in an unrestricted land-use site;
2) implement appropriate institutional controls (i.e., land use restriction and agreed order with MDEQ) resulting in a restricted land use site; or
3) perform a Tier 2 Evaluation.

1) clean-up and/or remove the affected media to a value at or below the unrestricted TRG values resulting in an unrestricted land use site;
2) clean-up and/or remove the affected media to a value at or below the restricted TRG values but above the unrestricted TRG values resulting in a restricted land use site and implement appropriate institutional controls (i.e., land use restriction and agreed order with MDEQ); or
3) perform a Tier 2 Evaluation.

1) clean-up the affected media to a value at or below the unrestricted TRG values resulting in an unrestricted land-use site;
2) implement appropriate institutional controls (i.e., land use restriction and agreed order with MDEQ) resulting in a restricted land use site; or
3) perform a Tier 2 Evaluation.

1) use the Tier 1 TRGs for TPH-GRO/DRO for performing a Tier 1 Evaluation; or
2) perform a Tier 2 TPH Fractioning Evaluation.

Section 401. Tier 2 Evaluation Target Risk Level

For human health, the remediation goal (RG) for each individual contaminant which is (1) a carcinogen must be calculated to attain a Risk Level of 10-6 (i.e.,1 in a million) and (2) a systemic toxicant must be calculated to attain a total hazard quotient of not more than 1 except with regard to a background chemical concentration or a regionally prevalent chemical concentration. In cases where contaminants with corrective action concentrations established through federal and/or state programs (i.e., Safe Drinking Water Act maximum contaminant levels (MCLs)) are present, the MDEQ will determine the appropriate corrective action concentration on a contaminant by contaminant basis. In no event, except with regard to a background chemical concentration, may either (1) the cumulative (total) site carcinogenic risk exceed 1 x 10-4 for carcinogenic CoCs or (2) the site hazard index (summation of hazard quotients) exceed 3 for non-carcinogenic CoCs affecting the same organ or organ system without the use of both an engineering control and an institutional control.

Section 402. Tier 2 Evaluation Options

a) Tier 2 Evaluation is a more in-depth evaluation of site-specific conditions beyond the Tier 1 Evaluation methodology. The Tier 2 Evaluation may include, but is not limited to, an evaluation of site-specific conditions by (1) determining the Upper Confidence Limit (UCL) of the Mean for a CoC utilizing statistical methods and comparing the UCL to the Tier 1 TRGs, (2) comparing EPCs to calculated background chemical concentrations, (3) comparing EPCs to calculated regionally prevalent chemical concentrations, (4) utilizing site-specific variables (i.e., exposure frequency, exposure duration, etc.) to calculate site-specific RGs, (5) eliminating or minimizing exposure to contaminants, (6) conducting an analysis of Petroleum Hydrocarbons using TPH Fractioning, or (7) utilizing other methods approved by MDEQ.

1) Statistical Methods - If the Applicant can demonstrate to the satisfaction of MDEQ that the UCL of the Mean for a CoC utilizing statistical methods is less than the Tier 1 TRG for that CoC, this calculated value may be used instead of the highest CoC concentration. The UCL of the Mean is then compared to the Tier 1 TRG to evaluate remedial options. The Applicant must demonstrate to the satisfaction of MDEQ that the data are statistically normal or can be statistically normalized.

i. The methodology used to determine the UCL of the Mean should be conducted in accordance with the EPA's Supplemental Guidance to RAGS: Calculating the Concentration Term (EPA, 1992a), or another method approved by MDEQ.

2) Site Background - CoC concentrations may be compared to site background chemical concentrations to evaluate appropriate remedial actions at the Site.

i. To establish background chemical concentrations, the Brownfield Applicant may collect samples from locations outside of the influence of known contaminated areas and regionally prevalent chemicals (both vertically and horizontally), as approved by MDEQ and must analyze these samples using the same analytical methods as the CoC analyses.

ii. If the Applicant can establish that the background chemical concentration of a CoC is higher than the Tier 1 TRG concentration for that CoC listed in Appendix A, the Applicant shall have the option of using the background chemical concentration as the Remedial Goal (RG).

iii. Remediation of a CoC above its established background chemical concentration will not be necessary.

iv. The methodology used to determine background chemical concentrations in soil shall be conducted in accordance with EPA's Engineering Forum Issue: Determination of Background Concentrations of Inorganics in Soils and Sediments at Hazardous Waste Sites (EPA/540/S-96/500), December 1995, or another method approved by MDEQ.

v. The methodology used to determine background chemical concentrations in groundwater shall be conducted in accordance with EPA's Guidance Document on the Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities (EPA/530/SW-89/026), April 1989, or another method approved by MDEQ.

3) Regionally Prevalent Chemicals - CoC concentrations may be compared to regionally prevalent chemical concentrations to evaluate appropriate remedial actions at the Site.

i. To establish regionally prevalent chemical concentrations, the Brownfield Applicant may collect samples from locations throughout a substantial geographic region and outside the influence of known contaminated areas, as approved by MDEQ, and must analyze these samples using the same analytical methods as the CoC analyses.

ii. If the Applicant can establish that the concentration of a CoC is higher than the concentration of a regionally prevalent chemical, the Applicant shall have the option of using the concentration of the regionally prevalent chemical as the Remedial Goal (RG) provided (1) the cumulative (total) site carcinogenic risk does not exceed 1 x 10-4 for all on-site carcinogenic CoCs and (2) the site hazard index (summation of hazard quotients) does not exceed 3 for all on-site non-carcinogenic CoCs that affect the same organ or organ system.

iii. The methodology used to determine regionally prevalent chemical concentrations in soil shall be conducted in accordance with EPA's Engineering Forum Issue: Determination of Background Concentrations of Inorganics in Soils and Sediments at Hazardous Waste Sites (EPA/540/S-96/500), December 1995, or another method approved by MDEQ.

iv. The methodology used to determine regionally prevalent chemical concentrations in groundwater shall be conducted in accordance with EPA's Guidance Document on the Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities (EPA/530/SW-89/026), April 1989, or another method approved by MDEQ.

4) Site-Specific Variables - If the Applicant can demonstrate to the satisfaction of MDEQ that site-specific variables (i.e., exposure duration, exposure frequency, moisture content, etc.) are more representative of site conditions than the default variables utilized in the development of the Tier 1 TRGs, the Applicant may modify site-specific variables in the risk calculation to develop RGs for the CoCs. Chemical-specific values (i.e., Henry's law constant, diffusivity in water, etc.) must be taken from EPA's Soil Screening Guidance: Technical Background Document (EPA/540/R-95/128), May 1996, unless otherwise approved by MDEQ. The Applicant shall not adjust the following variables in the development of site-specific RGs in Tier 2:

i. Oral cancer slope factor;
ii. Inhalation cancer slope factor;
iii. Oral chronic reference dose;
iv. Inhalation chronic reference dose;
v. Target excess individual lifetime cancer risk;
vi. Target hazard index;
vii. Body weight, adult; or
viii. Body weight, child.

5) Eliminate/Minimize Exposure Routes - If the Applicant can demonstrate to the satisfaction of MDEQ that land-use restrictions and engineering controls at the site will eliminate all complete exposure pathways or will minimize contamination exposure to levels that will be protective of human health and the environment, MDEQ may determine that further remediation is not required. The Commission considers the presence of free product to be an unacceptable potential risk to public health and the environment because it is considered to be a continuing source of contamination that may increase the level of risk that is the basis for the remediation requirements, may reduce the margin of safety provided by the remediation design, or may jeopardize the permanence of the Brownfield Agreement. Therefore, free product must be removed unless it can be demonstrated to the satisfaction of MDEQ that removal of the free product is technically impracticable. The Applicant must also demonstrate to the satisfaction of MDEQ that the contamination is confined and will remain confined within the site boundaries. Any monitoring plan must be approved by MDEQ.

6) TPH Fractioning - In areas where concentrations of Tier 1 petroleum hydrocarbon indicator compounds are not quantifiable to the Tier 1 TRGs and where the concentrations of TPH exceed the Tier 1 TRG for TPH-GRO/DRO, the Brownfield Applicant may either (1) conduct a more detailed evaluation of petroleum hydrocarbons using the methodology outlined in Chapter 7 of this Subpart II or (2) conduct an evaluation of TPH utilizing another methodology approved by MDEQ.

7) Other Approved Methods - MDEQ may approve other risk evaluation methodologies or combinations thereof under Tier 2.

Chapter 5. TIER 3 EVALUATION

Section 501. Tier 3 Evaluation Target Risk Level

a) Human Health

1) The remediation goal (RG) for each individual contaminant which is a carcinogen must be calculated to attain a Risk Level of 10-6 (i.e.,1 in a million) or which is a systemic toxicant must be calculated to attain a total hazard quotient of not more than 1, except with regard to a background chemical concentration or a regionally prevalent chemical concentration. In cases where contaminants with corrective action concentrations established through federal and/or state programs (i.e., Safe Drinking Water Act maximum contaminant levels (MCLs)) are present, the MDEQ will determine the appropriate corrective action concentration on a contaminant by contaminant basis. In no event, except with regard to a background chemical concentration, may either (1) the cumulative (total) site carcinogenic risk exceed 1 x 10-4 for carcinogenic CoCs or (2) the site hazard index (summation of hazard quotients) exceed 3 for non-carcinogenic CoCs affecting the same organ or organ system.
2) The MDEQ may consider an alternative quantitative or qualitative remediation goal (RG) for each individual contaminant, provided the Applicant can demonstrate to the satisfaction of MDEQ that the attainment of (1) a Risk Level of 10-6 for each individual carcinogenic contaminant or (2) a total hazard quotient of not more than 1 for each individual systemic toxicant is technically impracticable, except with regard to a background chemical concentration or a regionally prevalent chemical concentration.

3) The Site risk levels shall be based on high-end exposure (use of high-end values for the exposure point concentration and exposure duration parameters) in the intake calculation of a deterministic risk assessment or 90th percentile of the risk presented in the probabilistic risk assessment. The Site hazard indices and/or quotients shall be based on high-end exposure in a deterministic risk assessment or 90th percentile of the exposure presented in the probabilistic risk assessment.

1) For a Tier 3 Ecological Evaluation, one of the following must be satisfied:

i. High-end CoC concentrations in the impacted media must be below their respective threshold concentrations or regulatory values that are protective of the ecological receptors of concern or the valued resources to be protected;
ii. Findings from a field survey indicate that there is no readily apparent harm at the site or notable difference (at 95% confidence level) between the site and the potentially impacted ecological receptors;
iii. Individual hazard quotients estimated for the ecological receptors of concern, valued natural resources, or their surrogate species are below unity (1) for each CoC; or
iv. Additional ecological risk evaluations performed under the MDEQ approved work plan conclude that the potential ecological risk is insignificant or readily recoverable.

a) The Applicant may choose to conduct a site-specific risk assessment (Tier 3), develop and meet site-specific RGs, and have the site-specific RGs approved by MDEQ. This Tier 3 option may entail additional costs to the applicant for MDEQ to subcontract the review of the toxicological and/or risk assessment evaluation. These additional costs shall be paid by the Applicant.

b) For a human health evaluation of the site or areas within the site (if the site characterization data support such area delineations), the Applicant shall perform risk characterization and present information on risk assessment uncertainty in accordance with the following options:

1) Deterministic risk assessment according to RAGS - Part A methodology (high-end risk and hazard).

2) Deterministic risk assessment according to RAGS - Part A (high-end and average risk and hazard).

3) Probabilistic risk assessment according to EPA's Guiding Principles for Monte Carlo Analysis (EPA/630/R-97/001) or RAGS - Part E methodology to provide probability density function [PDF] for identifying mean, median, and 90th percentile risk and hazard.

4) Population cancer risk characterization based on the product of average site carcinogenic risk for an individual and the projected number of exposed individuals. Population non-cancer hazard characterization will be based on the projected number of individuals who are likely to be exposed resulting in the hazard index for each specified systemic effect exceeding one (1).

1) Hazard identification - This component presents the site history, area(s) where releases have occurred, and the identified site-related chemicals (i.e., CoCs). Site data shall be compiled at the 95% UCL of the mean and compared with the 95% UCL of the mean background data to establish whether the concentration for a detected chemical is above or below background level.

2) Toxicity assessment - This component requires the identification of CoCs as carcinogenic, non-carcinogenic (causing systemic effects), or both. Toxicity values used in the risk assessment are slope factors and reference doses and must be obtained from:

i. EPA's Integrated Risk Information System (IRIS),
ii. Health Effects and Assessment Summary Tables (HEAST),
iii. Toxicological Profiles prepared by the Agency for Toxic Substances and Disease Registry (ATSDR), and
iv. other peer-reviewed reference sources or literature approved by MDEQ.

3) Exposure Assessment - This component estimates the type and magnitude of exposures to the CoCs that are present at or migrating from the Site. The results of the exposure assessment are combined with chemical-specific toxicity information to characterize potential risks. The general procedure for conducting an exposure assessment is outlined in Chapter 6 of RAGS.

4) Characterization of Risk and Uncertainty - This section describes the final step of the health risk assessment process. In this step, the toxicity and exposure assessments are summarized and integrated into quantitative and qualitative expressions of risk. Major assumptions, scientific judgments, and, to the extent possible, estimates of the uncertainties embodied in the assessment are also presented.

1) a SCEM to provide the basis for determining which exposure pathways are complete; and
2) specific input values and their basis (references) for exposure parameters such as the exposure frequency (days per year), duration (number of years), and absorption factors.

1) Carcinogenic risks from individual CoCs for all complete exposure pathways shall be summed to provide the total site carcinogenic risk (cumulative excess lifetime cancer risk to an individual).

2) Non-carcinogenic hazards (hazard quotients) from individual CoCs that act on the same organ or organ system for all complete exposure pathways shall be summed to provide the site hazard indices.

1) Chlorinated dioxins and dibenzofurans - The evaluation of chlorinated dioxins and dibenzofurans must be consistent with EPA Region IV's Human Health Risk Assessment Bulletins: Supplement to RAGS (http://www.epa.gov/region04/waste/ots/healtbul.htm).

2) Lead and lead-based compounds - For the assessment of risk to children (if such receptors are reasonably anticipated to be present under the current and future use scenarios), the EPA's Integrated Exposure Uptake Biokinetic Model (IEUBK) (EPA/540/R-93/081) shall be used. If adults are the receptors, the Adult Lead Model published in the "Recommendations of the Technical Review Workgroup for Lead for an Interim Approach to Assessing Risks Associated with Adult Exposures to Lead in Soil" (December 1996) by the EPA Technical Review Workgroup (TRW) shall be used to assess the hazard of lead exposure.

3) Polycyclic aromatic hydrocarbons (PAHs) - The evaluation of PAHs must be consistent with EPA Region IV's Human Health Risk Assessment Bulletins: Supplement to RAGS (http://www.epa.gov/region04/waste/ots/healtbul.htm).

4) Polychlorinated biphenyls (PCBs) – A slope factor of 7.7 (mg/kg/day)-1 shall be used for total PCBs. If congener-specific or group-specific (mono- through deca-chlorinated) biphenyls are analyzed and quantified using Modified EPA Method 1668, the slope factor to be used will be 2.0 (mg/kg/day)-1 for tri-, tetra-, penta-, hexa-, and hepta-chlorinated PCBs. Slope factors lower than 2.0 (mg/kg/day)-1may be used if there are low concentrations of 2,3,7,8-substituted PCBs). The lowest slope factor of 0.4 (mg/kg/day)-1 can be used if 2,3,7,8-substituted PCBs are not present. The Applicant shall bear the burden of providing documentation to MDEQ to justify using slope factors lower than 7.7 (mg/kg/day)-1 in the risk assessment report.

5) Radioactive materials or radionuclides - The risk assessment of radioactive materials shall be in accordance with Chapter 10 of RAGS - Part A. Other methodologies (e.g., dose reconstruction for exposure assessment) shall be approved by MDEQ on a case-by-case basis.

a) For the entire Site or areas within the Site (if the site physical characteristics support delineations of different ecosystems), the Applicant shall perform screening and/or more in-depth ecological risk evaluations and present uncertainty associated with the evaluations in accordance with the following options:

1) Identify the ecological receptors of concern and compare CoC concentrations in the potentially impacted media with their respective benchmark or threshold values that are protective of the receptors of ecological concern. The initial screening levels and procedures are available in the EPA Region 4 Ecological Risk Assessment Bulletins-- Supplement to RAGS (http://www.epa.gov/region04/waste/ots/ecolbul.htm).

2) Additional ecological benchmark values are available from EPA (e.g., Office of Technical Services Supplemental Guidance to RAGs: Region IV), U.S. Fish and Wildlife Service, the National Atmospheric and Oceanic Administration, or other values in peer-reviewed literature, as appropriate.

3) Conduct biological field surveys for species diversity and abundance in the potentially impacted area and a reference (background) area and compare both survey results to determine whether there are significant differences at 95% level of confidence.

4) Identify assessment and measurement endpoints and perform a deterministic risk evaluation on the receptors of ecological concern or their indicator species by the hazard quotient method.

5) Perform additional ecological risk evaluations based on an MDEQ-approved work plan submitted by the Applicant that is consistent with the EPA's Framework for Ecological Risk Assessment guidance and its subsequent update.

1) Problem formulation - This component presents the site history (including documented incidents of readily apparent harm), physical characteristics, area(s) where releases have occurred, and identified site-related chemicals (i.e., CoCs). This component also proposes and provides the rationale for identifying any ecological receptors of concern and valued resources present on site that may be impacted by the CoCs. The basis for assessment and measurement endpoint(s) selection should be provided to MDEQ.

2) Ecological effects assessment - This component requires the identification of potential or known acute and chronic toxic effects of the CoCs on the ecological receptors of concern, valued resources, and any surrogate species proposed as the measurement endpoints. Dose-response data shall be obtained from EPA data bases or other federal/state databases approved by MDEQ.

3) Exposure assessment - This component presents the SCEM and explains how the CoCs are released, transported, bioconcentrated or biomagnified in organisms, and exposed to the ecological receptors of concern or valued resources to be protected. Where appropriate, behavior patterns or reasonable assumptions should be used to estimate daily intake of the CoCs.

4) Characterization of risk and uncertainty - This component shall present the risk assessment results and the underlying uncertainty associated with the assessment method employed. If a quotient method is used, the hazard quotients shall be estimated for the ecological receptors of concern or their surrogates. Risk may be characterized qualitatively by the weight-of-evidence approach based on professional judgment. This component should identify types and magnitude of potential effects anticipated, the spatial and temporal extent of the effects, significance of the effects on the ecosystems, and recovery potential.

Section 504. Tier 3 Risk Assessment Data Requirements

a) The basic procedure for the assessment of human health and ecological receptors of concern for a Tier 3 risk assessment shall be to obtain representative site characterization data in order to perform a screening or more in-depth risk assessment. Specific requirements for performing a Tier 3 risk assessment include, but are not limited to, the following:

1) Site characterization data shall be obtained in accordance with the MDEQ-approved Quality Assurance Project Plan (QAPP). The Applicant must demonstrate that the Site has been adequately characterized to delineate the nature and extent of contamination. The scope of the site investigation shall be based on the considerations set forth below.

i. Previous field investigations should be used to define the SCEM and identify data gaps or uncertainty for the nature and extent of the site characterization under this site investigation phase.

ii. Field analytical data may be used to identify areas of contamination and to supplement fixed-laboratory analyses if the Applicant can demonstrate that the field analytical data are comparable to fixed laboratory data by regression or co-relational analyses and meet DQO requirements for precision, accuracy, and reproducibility. A minimum of 10% of the collected samples shall be fixed-laboratory data to demonstrate correlation. Samples must be collected from the areas exhibiting the highest field concentrations and analyzed at a fixed laboratory.

iii. Areas with distinct high concentrations of site-related chemicals shall be segregated from other areas for data compilation purposes. Additional field characterization of high-concentration areas or areas with buried wastes is necessary to support remedial design.

iv. The RAGS procedure for the selection of CoCs shall be followed to properly characterize the Site. The Applicant should exclude background chemicals, laboratory and field contaminants or artifacts, and chemicals that are essential nutrients present at or below the recommended daily allowance intake levels.

v. All reported data shall be in compliance with the DQOs established in the QAPP. In addition to data review, the data will be validated by a qualified technical individual, familiar with data validation, at the rate of at least 10% or as otherwise specified by MDEQ. The Applicant shall provide data review and validation summaries in the Site Characterization Report.

Section 601. Risk-Based Remediation Goals

a) Risk-based remediation goals (RGs) may be quantitative for chemical-specific RGs or qualitative for remedial action-specific RGs. The methodology for quantifying the chemical-specific RGs involves solving for the concentration term given a defined risk level in a deterministic or probabilistic risk assessment and shall be proposed for the principal threat chemicals or all CoCs if the principal threat chemicals cannot be identified. The chemical-specific RG may be modified upward or downward based on risk management considerations by MDEQ. A qualitative RG is established by describing the objectives for engineering controls that reduce site risk to an acceptable level. Risk-based remediation goals shall accompany the proposed remedial action(s) in the Site Characterization Report and/or the Corrective Action Plan (CAP).

b) Quantitative RG - Site-specific information that is relevant to the future use of the Site shall be used in the risk methodology.

1) The derived value shall not be higher than the soil saturation limit (Csat) for the soil or sediment RG for a CoC with a melting point less than 30 degrees Celsius. The derived value shall not be higher than the solubility limit (Csol) for the groundwater RG for groundwater. At sites where a mixture of contaminants is present (e.g., gasoline), the effective solubility limit may be used if required by MDEQ. Values for Csat and Csol may be found or derived from equations in EPA's Soil Screening Guidance: Technical Background Document (EPA/540/R-95/128), May 1996 or other reference approved by MDEQ.

2) The derived chemical-specific RG for a carcinogen for the protection of human health shall be (1) the MCL value, (2) a value derived using the acceptable carcinogenic risk level of 1 x 10-6, or (3) a value defined in state/federal programs and approved by MDEQ.

3) The derived chemical-specific RG for a non-carcinogen for the protection of human health shall be (1) the MCL value, (2) a value derived using the acceptable hazard quotient level of unity (1), or a value defined in state/federal programs and approved by MDEQ.

4) The MDEQ may consider an alternative quantitative or qualitative remediation goal (RG) for each individual contaminant, provided the Applicant can demonstrate to the satisfaction of MDEQ that the attainment of (1) a Risk Level of 10-6 for each individual carcinogenic contaminant or (2) a total hazard quotient of not more than 1 for each individual systemic toxicant is technically impracticable except with regard to a background chemical concentration or a regionally prevalent chemical. In no event, except with regard to a background chemical concentration, may either (1) the cumulative (total) site carcinogenic risk exceed 1 x 10-4 for carcinogenic CoCs or (2) the site hazard index (summation of hazard quotients) exceed 3 for non-carcinogenic CoCs affecting the same organ or organ system.

5) Any of the following methods may be used to derive chemical-specific quantitative RGs in soil or sediment to protect human health:

i. algorithms or methodology employed by MDEQ in deriving the TRGs in Appendix A of this Subpart II;

ii. algorithms or methodology employed by EPA Region III (Technical and Program Support Branch, 3HW70) to derive the Risk-Based Concentrations (RBCs);

iii. algorithms or methodology employed by EPA (Office of Solid Waste and Emergency Response) to derive the SSLs using EPA's Soil Screening Guidance: Technical Background Document (EPA/540/R-95/128), May 1996;

iv. algorithms or methodology employed by the American Society of Testing and Materials (ASTM) to derive the Risk-Based Screening Levels (RBSLs) (Emergency Standard Guide ES 38-94); or

v. other EPA published or peer-reviewed methodologies that have been reviewed and approved by MDEQ.

Note: All input/default values must be approved by MDEQ prior to employing any of the above methodologies.

6) Fate and transport modeling and/or the use of a dilution-attenuation factor (DAF) to determine migration-to-groundwater soil RGs approved by MDEQ may be used to demonstrate that the concentrations of CoCs at the source area provide adequate protection of human health and the environment at the Site boundary, except when it appears that free product is present.

7) The acceptable level of a CoC in groundwater at the Site boundary is its groundwater RG or if the boundary is a surface water body, the water quality criteria published by MDEQ, whichever is lower.

8) Any of the following methods may be used to derive chemical-specific quantitative RGs in groundwater:

i. algorithms or methodology employed by MDEQ in deriving the TRGs in Appendix A of this Subpart II;

ii. algorithms or methodology employed by EPA Region IX (Technical Support Team, DFD-8-B) to derive the Preliminary Remediation Goals (PRGs); or

iii. other EPA published or peer-reviewed methodologies that have been reviewed and approved by MDEQ.

9) The quotient method may be used to derive quantitative RGs for the protection of an ecological receptor of concern.

10) The following methods may be used to derive chemical-specific quantitative RGs in soil and sediment for protection of an ecological receptor of concern:

i. algorithms or methodology described in the Risk Assessment Handbook, Volume 2 - Environmental Evaluation (EM 200-1-4) developed by the U.S. Army Corps of Engineers; or

ii. other EPA published or peer-reviewed methodologies that have been reviewed and approved by MDEQ.

1) complete exposure pathway that contribute to human health or environmental risk;

2) the CoC or principal threat chemical and its background concentrations;

3) physical, chemical, and fate and transport properties of the CoC or principal threat chemical (including the potential for adsorption and monitored natural attenuation);

4) presence of any man-made or natural conveyances, conduits, or transport routes from the source to the receptor location;

5) Potential engineering controls that will exclude the exposure pathway based on treatability study data and/or practical experience may also be considered. Engineering controls may include physical or hydraulic control measures, but shall not include the exclusive use of security fencing. Typical engineering controls are presented below and the Applicant may propose alternative controls for MDEQ approval.

i. groundwater recovery trenches and leachate collection systems;
ii. groundwater extraction (pumpage) and treatment systems;
iii. engineered caps with or without liner systems;
iv. slurry walls, funnel-and-gate barrier walls, bio-polymer walls, or any modifications thereof; and
v. permanent structures such as building, driveways, and paved roads.

1) The remedial action has achieved the chemical-specific RGs based on verification sampling and analyses at the point of exposure or at the contaminated source area. The 95% UCL of the normalized verification sample data must be less that the chemical-specific RG.

2) The engineered control measures proposed by the Applicant and approved by MDEQ are completed.

3) The groundwater quality at the Site boundary shall not exceed MCLs or risk-based TRGs for groundwater identified in Appendix A. The Point of Compliance is the Site Boundary.

4) Free product must be removed from the Site, unless it can be demonstrated to the satisfaction of MDEQ that removal of the free product is technically impracticable and that the contamination is confined and will remain confined within the Site boundaries. Free product is considered to exist if:

i. concentrations in soil exceed Csat for CoCs with a melting point of less than 30 degrees Celsius;
ii. concentrations in groundwater exceed Csol for any CoC or the effective Csol or
iii. measurable using best available technologies.

Section 701. Introduction

a) Specific procedures and evaluation criteria have been developed for sites with petroleum hydrocarbon contamination. This criteria has been developed to simplify the contaminant analyses required to characterize the site and to establish site-specific remediation goals (RGs). Petroleum hydrocarbon indicator compounds (i.e., Benzene, Toluene, PAHs, etc.) may not be quantifiable at the Tier 1 TRG Table concentrations because high petroleum hydrocarbon concentrations in the sample may cause analytical interferences resulting in either of the following:

1) Dilution of the extract, which would cause elevated detection limits and useless surrogate recovery data; and/or

2) Inaccurate compound identification and quantification, due to a poor peak separation or an elevated baseline during chromatography.

Section 702. Petroleum Hydrocarbon Evaluation Procedures

a) The Applicant shall utilize the procedures presented herein for the evaluation of potential human health and environmental risks from petroleum hydrocarbons in soil and groundwater.

b) A Tier 1 Evaluation of indicator compounds of petroleum hydrocarbons and TPH is required to establish the vertical and horizontal extent of indicator compound concentrations and TPH below the unrestricted values of the Tier 1 TRG Table.

c) A Site Ecological Checklist must be completed.

d) Petroleum-impacted soil and groundwater shall be assessed using the petroleum hydrocarbon indicator compounds, TPH-GRO, and TPH-DRO as presented in Appendix B, Table 1. Petroleum hydrocarbon categories presented in Appendix B, Table 1 represent typical hydrocarbon products. The Applicant shall correlate the site-specific hydrocarbon release and/or knowledge of the released hydrocarbon product to the appropriate category listed in Appendix B, Table 1. If the specific product that has been released is unknown, then a complete analytical evaluation must be conducted.

e) The Applicant shall perform soil and groundwater laboratory testing for the following indicator compounds:

1) Volatile Organic Compounds, including MTBE by SW-846 Method 8260B, or other Method approved by MDEQ.1

2) Polycyclic Aromatic Hydrocarbons (PAHs) by Method 8310, with appropriate sample extraction, clean-up and instrumental finish. Analysis to be conducted for the PAHs listed in Appendix B, Table 1, or other Method approved by MDEQ.

3) Metals2 by SW-846 Method 6010, 6020, or the appropriate 7000 series, or other Method approved by MDEQ.

4) Methyl ethyl ketone2 by SW-846 Method 8260B, or other Method approved by MDEQ.

5) Methyl isobutyl ketone2 by SW-846 Method 8260B, or other Method approved by MDEQ.

Note: 1) All soil samples collected for VOC analysis must be collected in a manner consistent with MDEQ's Guidance for Collecting Volatile Organic Compounds in Soil, unless otherwise approved by MDEQ.
2) When suspected to be present

Section 703. Tier 1 Petroleum Hydrocarbon Evaluation

a) A Tier 1 Evaluation of indicator compounds of petroleum hydrocarbons, TPH-GRO, and TPH-DRO is required to establish the extent of indicator compound concentrations and TPH-GRO/DRO below the Tier 1 TRG Table.

b) Results of the indicator compound analysis, TPH-GRO, and TPH-DRO shall be compared with the TRGs presented in the Tier 1 TRG Table in Appendix A utilizing the Tier 1 Evaluation Procedures outlined in Section 302 of this Subpart II.

c) The Applicant shall address a hydrocarbon release using TPH analyses using SW-846 Method 8015B or other Method approved by MDEQ and by analyzing the indicator compounds as described in Section 701.

d) In areas of the site where the indicator compounds cannot be quantified to the Tier 1 Target Remedial Goal concentrations, the Applicant has the option of either:

1) conducting a Tier 1 Evaluation utilizing the Tier 1 Evaluation Procedures outlined in Section 302 of this Subpart II for TPH-GRO and TPH-DRO;
2) conducting a Tier 2 Evaluation using TPH Fractioning; or
3) conducting a Tier 3 Evaluation using methods approved by MDEQ.

Section 704. Tier 2 Petroleum Hydrocarbon Evaluation - TPH Fractioning

a) A Tier 2 Petroleum Hydrocarbon Evaluation is primarily utilized in cases as described in Section 701 of this Subpart II where indicator compound concentrations cannot be determined due to dilution and interference and where the concentrations of TPH-GRO/DRO exceed the restricted Tier 1 TRG levels for TPH-GRO/DRO. Along with the required comparison of indicator compounds as described in Section 703(b) of this Subpart II, the Applicant shall have the option of utilizing the TPH Carbon Fraction TRGs in Table 2 of Appendix B.

b) Massachusetts Method

1) The Massachusetts Department of Environmental Protection (MADEP) VPH/EPH Approach may be utilized to evaluate petroleum hydrocarbons under Tier 2. This method quantifies the total petroleum hydrocarbon fractions into collective aliphatic and aromatic ranges. To account for the hydrocarbon ranges present in contaminated media, MADEP's Volatile Petroleum Hydrocarbon (VPH) method and Extractible Petroleum Hydrocarbon (EPH) method have been developed. A detailed description of the MADEP VPH/EPH Approach may be found on the MADEP Web Site at (http://www.state.ma.us/dep/bwsc/vph_eph.htm).

2) The following principles form the basis for this approach:

i. Petroleum products are comprised mainly of aliphatic/alicyclic and aromatic hydrocarbon compounds.

ii. Aromatic hydrocarbons appear to be more toxic than aliphatic compounds.

iii. The toxicity of aliphatic compounds appear to be related to their carbon number/molecular weight.

3) Under this approach, the non-cancer toxicity of petroleum contaminated soil or water has been established by
(1) determining the collective concentrations of specified ranges of aliphatic and aromatic hydrocarbons, and
(2) assigning a toxicity value to each range. Well-characterized compounds within specified ranges have been selected as "surrogate" indicators to define the toxicity of the entire range.

4) Carcinogenic and additional non-carcinogenic effects must be evaluated for the indicator constituents listed in Table 1 of Appendix B.

5) The EPH method separates the TPH Carbon Ranges (Fractions) into 3 sub-fractions and indicator PAH compounds. The VPH method separates the GRO Carbon Ranges (Fractions) into 3 sub-fractions and indicator compounds (i.e., BTEX, MTBE and naphthalene).

6) The VPH Method is a Purge and Trap, GC/PID/FID procedure and the EPH Method is a solvent extraction/fractionation GC/FID procedure.

7) The unrestricted TRGs listed in Table 2 of Appendix B have been adopted by MDEQ and correlate with the GW-1 groundwater zone the S-1 soil zone as defined by MADEP.

8) The restricted TRGs listed in Table 2 of Appendix B have been adopted by MDEQ and correlate to the GW-1 groundwater zone and the S-3 soil zone as defined by MADEP.

9) The Applicant must ensure and provide documentation to MDEQ that the Laboratory conducting the MADEP VPH/EPH Methodology is equipped to so do and will utilize appropriate Standard Operating Procedures (SOPs) as required by this methodology.

Section 705. Tier 3 Petroleum Hydrocarbon Evaluation

a) Alternative petroleum hydrocarbon Remedial Goals (RGs) may be established using a Tier 3 Risk Assessment approach. The alternative RGs shall be reviewed and approved or disapproved by MDEQ on a case-by-case basis.

References

American Society for Testing and Materials (ASTM), Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites (ASTM E 1739-95), 1995.

Agency for Toxic Substances and Disease Registry (ATSDR), Toxicological Profile for Mineral Oil Hydraulic Fluids, Organophosphate Ester Hydraulic Fluids, and Polyalphaolefin Hydraulic Fluids, 1994.

Massachusetts Department of Environmental Protection, Characterizing Risk posed by Petroleum Contaminated Sites: Implementation of MADEP VPH/EPH Approach, 1996.

Louisiana Department of Environmental Quality, April 1998, Risk Evaluation/Corrective Action Program (Proposed), April 1998.

U.S. Environmental Protection Agency (EPA), Handbook of RCRA Ground-Water Monitoring Constituents, Chemical and Physical Properties, 40 CFR Part 264, Appendix 9. September 1992.

U.S. Environmental Protection Agency (EPA), Soil Screening Guidance: Technical Background Document (EPA/540/R-95/128), May 1996.

U.S. Environmental Protection Agency (EPA), Supplemental Guidance to RAGS: Calculating the Concentration Term, EPA 1992, 9285.7-081 (EPA, 1992a).







APPENDIX A

TIER 1 TARGET REMEDIAL GOAL TABLE

Notes




APPENDIX B

PETROLEUM HYDROCARBON TABLES

TABLE 1

PETROLEUM HYDROCARBON INDICATOR COMPOUNDS1

Type of Release

Indicator Compound	Gasoline	Kerosene, Jet Fuel	Diesel, Light Fuel Oils	Heavy Fuel Oils	Crude Oil	Highly Refined Base Oils2	Used Motor Oil, Lubricating Oil	Unknown
T TPH-GRO	X	X						X
TPH-DRO		X	X	X	X	X	X	X
Volatiles	X	X						X
Acenaphthene		X	X	X	X	X	X	X
Acenaphthylene		X	X	X	X	X	X	X
Anthracene		X	X	X	X	X	X	X
Benz[a]anthracene		X	X	X	X	X	X	X
Benzo[a]pyrene		X	X	X	X	X	X	X
Benzo[b]fluoranthene		X	X	X	X	X	X	X
Benzo[g,h,i]perylene		X	X	X	X	X	X	X
Benzo(k)fluoranthene		X	X	X	X	X	X	X
Chrysene		X	X	X	X	X	X	X
Fluoranthene		X	X	X	X	X	X	X
Fluorene		X	X	X	X	X	X	X
Indeno[1,2,3-c,d]pyrene		X	X	X	X	X	X	X
2-Methylnaphthalene		X	X	X	X	X	X	X
Naphthalene		X	X	X	X	X	X	X
Phenanthrene		X	X	X	X	X	X	X
Pyrene		X	X	X	X	X	X	X
Metals							X	X
Methyl tertbutyl ether	X							X
Methyl ethyl ketone	X3							X
Methyl isobutyl ketone	X3							X

NOTES:

1 ASTM 1995 and TPH Criteria Working Group; for large releases additional indicator constituents may be identified for evaluation.

2 Applies to oils formulated with highly refined base oils including hydraulic fluids (Mineral-oil based hydraulic fluids, Toxicological Profile for Mineral Oil Hydraulic Fluids, Organophosphate Ester Hydraulic Fluids, and Polyalphaolefin Hydraulic Fluids, ATSDR 1994), motor oils, industrial oils, and automatic transmission fluid-type oils (i.e., severely refined base oils).

3 When suspected to be present.

1.	Name of Facility:
2.	Location of Facility:
	County:
3.	Mailing Address:
4.	Type of Facility:
5.	Describe land use at and in the vicinity of the release site
6.	Attach a USGS topographic map of the facility and aerial and other photographs of the release site and surrounding areas.

1.	Describe land use adjacent to the facility.
2.	Provide the following information regarding the nearest water body:
	Name of surface water body:
	Type of surface water body (pond, lake, river etc:
3.	Do any potentially sensitive environmental areas exist adjacent to or in proximity to the site, e.g., Federal and State parks, National and State Monuments, wetlands, etc.

1.	Nature of release.
2.	Location of the release (within the facility)
3.	Location of the release with respect to the facility property boundaries:
4.	Chemicals of Concern (COC) known or suspected to have been released:
5.	Indicate which media are known or suspected to be impacted and if sampling data are available:
		Soil 0-6 feet bgs	yes	no
		groundwater	yes	no
		surface water/sediment	yes	no
6.	Has migration occurred outside the facility property boundaries?					yes		no
	If yes, describe the designated use of the land impacted:

There is no current (or potential) release (via runoff or groundwater discharge) of COCs from the AOI to a surface water body;

Recreational species, commercial species, threatened or endangered species, and/or their habitats are not currently being exposed, or expected to be exposed, to COCs present at or migrating from the AOI; and

There are no obvious impacts to ecological receptors or their habitats.

The ecological checklist submittal shall include a site summary which presents sufficient information to verify that the AOI meets or does not meet the criteria for further assessment.

Date:
Name of person submitting this check list:
Affiliation:
Signature
Additional Preparers: