Appendix A
Survey of State Risk-Based Decision Making

STATE: ____________

  1. How is it determined which state agency/department/division regulates a release to the environment?
    • a.)  

      By contaminant

    • b.)  

      By industry

    • c.)  

      By geographical area

    • d.)  

      By media impacted

    • e.)  

      Other, explain

    1. Does your state allow any flexibility in the establishment of cleanup levels? On what basis?

      Soil?

      Ground water?

    2. With regard to petroleum-impacted sites, do your state's rules______ risk-based decision making?
      • a.)  

        forbid

      • b.)  

        allow

      • c.)  

        encourage

      • d.)  

        require

      1. Is an evaluation of the risk of MTBE required?


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OCR for page 133
--> Appendix A Survey of State Risk-Based Decision Making STATE: ____________ How is it determined which state agency/department/division regulates a release to the environment? a.)   By contaminant b.)   By industry c.)   By geographical area d.)   By media impacted e.)   Other, explain Does your state allow any flexibility in the establishment of cleanup levels? On what basis? Soil? Ground water? With regard to petroleum-impacted sites, do your state's rules______ risk-based decision making? a.)   forbid b.)   allow c.)   encourage d.)   require Is an evaluation of the risk of MTBE required?

OCR for page 133
--> Is an evaluation of the risk of Total Petroleum Hydrocarbons (TPH) required and, if so, how is that accomplished? With regard to non-petroleum-impacted sites, do your state's rules ___ risk-based decision making? a.)   forbid b.)   allow c.)   encourage d.)   require Does your state have a non-degradation policy? Soil? Ground water? Surface water? Is all ground water considered a drinking water supply? Is all ground water considered a receptor? Is risk a factor in prioritizing impacted sites in your state? Even if risk-based decision making is not used to establish cleanup levels, can a case be closed by risk assessment? Petroleum-impacted sites? Non-petroleum-impacted sites? Do background concentrations affect the cleanup levels set for a site? How familiar are you with ASTM's RBCA methodology? a.)   no familiarity b.)   a little familiarity c.)   some familiarity d.)   very familiar How does your state's risk-based decision making differ from ASTM's RBCA methodology? What is the acceptable target risk level for carcinogens? Current conditions? Future conditions? What is the acceptable hazard quotient for toxins?

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--> Are the risks for exposure to carcinogens or toxins considered additive? Are there any pathways that are not considered viable conduits in your state? Have criteria been established for evaluating risks to ecological receptors? Has your state been divided into different hydrogeological regions for the application of certain fate and transport parameter values? Do your rules set any minimal requirements for a[n ASTM RBCA] Tier I or Tier II evaluation? Can off-site cleanup levels vary from what are established on site? Has your state developed any software for its risk-based decision making? Is commercial software acceptable? Is this software applicable to more than just petroleum releases? Under what conditions is natural attenuation an acceptable remediation strategy? Can cases with free product be closed under your state's risk-based decision-making rules? At what step is public notification required? a.)   at case activation b.)   prior to setting cleanup levels c.)   anytime, but prior to case closure d.)   not required Is notification of more than current or identifiable future potential receptors required? When evaluating for completed vapor pathways, is there a practical depth limit below which the pathway is no longer considered complete? What happens to a case where the best available technology has failed to reduce contaminant concentrations to below established cleanup levels? Pump-and-treat systems often discharge treated ground water into a surface waterbody. Soil vapor extraction systems discharge vapors into the atmosphere.

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--> Considering that most engineered remediation efforts involve transferring the contaminant from one media (soil, water, air) to another, is there any formal mechanism for comparing the risks to receptors if such a remediation system's treatment breaks down versus not implementing the system at all? 33 . Are there any proposed rules that will change any of the answers to the prior questions? If so, please elaborate and give an estimated date of implementation. To be completed by the person who completed this survey: Name: Title: Affiliation: Telephone No.: Date: