(Effective until January 1, 2024)
Site hazard assessment.
(1) Purpose. The purpose of the site hazard assessment is to provide sufficient sampling data and other information for the department to:
(a) Confirm or rule out that a release or threatened release of a hazardous substance has occurred;
(b) Identify the hazardous substance and provide some information regarding the extent and concentration of the substance;
(c) Identify site characteristics that could result in the hazardous substance entering and moving through the environment;
(d) Evaluate the potential for the threat to human health and the environment; and
(e) Determine the hazard ranking of the site under WAC
173-340-330, if appropriate.
(2) Timing. Generally, a site hazard assessment shall be completed before proceeding to any subsequent phase of remedial action, other than an emergency or interim action.
(3) Administrative options. The site hazard assessment may be conducted under any of the procedures described in WAC
173-340-510. The department may rely on another government agency or a contractor to the department to conduct a site hazard assessment on its behalf, provided the department determines such an agency or contractor is not suspected to have contributed to the release or threatened release of a hazardous substance and that no conflict of interest exists.
(4) Scope and content. A site hazard assessment is an early study to provide preliminary data regarding the relative potential hazard of the site. A site hazard assessment is not intended to be a detailed site characterization; however, it shall include sufficient sampling, site observations, maps, and other information needed to meet the purposes specified in subsection (1) of this section. To fulfill this requirement, a site hazard assessment shall include, as appropriate, the following information:
(a) Identification of hazardous substances, including what was released and is threatened to be released and/or, if known, what products of decomposition, recombination, or chemical reaction are currently present on site, and an estimate of their quantities and concentrations;
(b) Evidence confirming a release or threatened release of hazardous substances to the environment;
(c) Description of facilities containing releases, if any, and their condition;
(d) Identification of the location of all areas where a hazardous substance is known or suspected to be, indicated on a site map;
(e) Consideration of surface water run-on and runoff and the hazardous substances leaching potential;
(f) Preliminary characterization of the subsurface and groundwater actually or potentially affected by the release, including vertical depth to groundwater and distance to nearby wells, bodies of surface water, and drinking water intakes;
(g) Preliminary evaluation of receptors, including: Human population, food crops, recreation areas, parks, sensitive environments, irrigated areas, and aquatic resources currently or potentially affected by groundwater, air, or surface water containing the release of hazardous substances at the site, including distances to these receptors; and
(h) Any other physical factors which may be significant in estimating the potential or current exposure to sensitive biota.
(5) Guidance. The department shall make available guidance for how to conduct a site hazard assessment to meet the requirements of this section. Persons are encouraged to contact the department to obtain a copy of the latest guidance.
(6) Department decision. Based on the results of the site hazard assessment and other available information about the site, the department shall either determine the site warrants no further action using the criteria in WAC
173-340-310 (5)(d) or proceed with ranking and placing the site on the hazardous sites list under WAC
173-340-330.
(7) Notification. The department shall make available the results of the site hazard assessment to the site's owner and operator and any person who has received a potentially liable person status letter under WAC
173-340-500 regarding the site. If the department finds after a site hazard assessment that the site requires no further action, it shall publish this decision in the
Site Register.
[Statutory Authority: Chapter
70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-340-320, filed 2/12/01, effective 8/15/01; WSR 90-08-086, § 173-340-320, filed 4/3/90, effective 5/4/90.]
(Effective January 1, 2024)
Site hazard assessment and ranking.
(1)
Purpose. The site hazard assessment and ranking process provides a method for ecology to assess and rank threats to human health and the environment posed by a site based on information readily available at the time of assessment. The site hazard assessment and ranking process satisfies the requirements of RCW
70A.305.030 (2)(b), and is not a substitute for a remedial investigation. Ecology uses site hazard assessments and rankings to:
(a) Support decisions to add or remove sites from the contaminated sites list under WAC 173-340-330 or the no further action sites list under WAC 173-340-335;
(b) Prioritize remedial actions and allocate agency resources among and within sites as part of program planning and assessment under WAC 173-340-340;
(c) Inform the public and the legislature about the threats posed by contaminated sites;
(d) Reflect changes in threats posed by a site based on new information or changes in site conditions; and
(e) Identify whether the population threatened includes a likely vulnerable population or overburdened community.
(2) Development. Ecology will establish and maintain a site hazard assessment and ranking process.
(a) Functional requirements. The site hazard assessment and ranking process must enable ecology to use readily available information to:
(i) Rank the potential exposure of human and environmental receptors to confirmed or suspected releases of hazardous substances through each environmental medium;
(ii) Rank the severity of such exposures to human health and the environment;
(iii) Identify whether the potentially exposed population includes a likely vulnerable population or overburdened community;
(iv) Identify the environmental health disparity ranking of the potentially exposed population using the environmental health disparities map developed pursuant to RCW
43.70.815 or other readily available information; and
(v) Report the assessor's level of confidence in the information used for the assessment.
(b) Performance standards. Ecology will establish performance standards for assessing the technical validity, efficiency, consistency, and practical utility of the site hazard assessment and ranking process.
(c) Quality assurance. Ecology will periodically assess whether the site hazard assessment and ranking process meets the performance standards established under (b) of this subsection, and update the process as appropriate.
(d) Public participation. When establishing the site hazard assessment and ranking process or making any change to the process that could affect hazard rankings, ecology will provide the public with notice and an opportunity to comment. The public comment period must be at least 30 days.
(3) Implementation.
(a) Applicability and timing.
(i) Ecology will perform a site hazard assessment and ranking before adding or removing a site from the contaminated sites list under WAC 173-340-330 or the no further action sites list under WAC 173-340-335.
(ii) For sites on the contaminated sites list on the effective date of this section, ecology will conduct a site hazard assessment and ranking as resources permit. As part of the strategic plan required under WAC 173-340-340, ecology will develop goals and strategies for completing a site hazard assessment and ranking of such sites.
(iii) Ecology may also conduct a site hazard assessment and ranking when new information becomes available or when site conditions change.
(b) Performance. Ecology will review readily available information when conducting a site hazard assessment and ranking.
(c) Reliance on others. Ecology may rely on another government agency or a contractor to ecology to perform a site hazard assessment and ranking on its behalf, provided:
(i) The agency or contractor is not suspected of having contributed to the release or threatened release; and
(ii) The agency or contractor has no conflict of interest.
(d) Notification. Upon completing a site hazard assessment and ranking, ecology will:
(i) Make the site's current hazard rankings publicly available on ecology's website under WAC 173-340-600(5). The hazard rankings will include the results specified in subsection (2)(a) of this section; and
(ii) If requested, notify a person electronically under WAC 173-340-600(6).
[Statutory Authority: Chapters
70A.305 and
70A.355 RCW. WSR 23-17-159 (Order 18-09), § 173-340-320, filed 8/23/23, effective 1/1/24. Statutory Authority: Chapter
70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-340-320, filed 2/12/01, effective 8/15/01; WSR 90-08-086, § 173-340-320, filed 4/3/90, effective 5/4/90.]