(a) Unless the department determines that
final confirmation sampling is not needed to meet the requirements of the site
cleanup rules, a responsible person shall submit a sampling and analysis plan
for approval under
18 AAC 75.360, and after
implementing the plan, shall submit the analytical sampling results collected
to the department. If approved in the sampling and analysis plan, sample
collection for soil or water may be performed by a qualified sampler when a
qualified environmental professional is not available. Based on the results of
the analyses, a responsible person shall demonstrate compliance with the site
cleanup rules.
(b) A responsible
person and the owner or operator of an offsite or portable treatment facility
under
18 AAC 75.365 shall ensure that
the collection, interpretation, and reporting of data, and the required
sampling and analysis is conducted or supervised by a qualified environmental
professional.
(c) IIf a hazardous
substance is suspected at the site because of empirical evidence or prior
analysis, but is not detected or is detected at a concentration below the
practical quantitation limit, and the practical quantitation limit is higher
than the cleanup level for that substance,
(1) the department will determine the
responsible person to have attained the cleanup level, if additionally the more
stringent of the following conditions is met:
(A) the practical quantitation limit is no
greater than 10 times the method detection limit for all hazardous substances
other than polychlorinated biphenyls where the practical quantitation limit is
no greater than five times the method detection limit; or
(B) the practical quantitation limit is no
greater than the practical quantitation limit established in EPA's Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods(SW-846),
Third Edition, including Final Update IV (2009), adopted by reference;
and
(2) if the
department determines that additional action is necessary to ensure protection
of human health, safety, or welfare, or of the environment, the department will
require one or more of the following:
(A) use
of a surrogate measure to estimate the concentration of the hazardous
substance;
(B) use of a specialized
sample collection or analytical method to improve the accuracy, precision,
method detection limit, or practical quantitation limit for the hazardous
substances at the site; or
(C)
monitoring to ensure that the concentration of the hazardous substance does not
exceed quantitatable levels; and
(3) if the department determines that an
improved analytical method or other responsive action is necessary to ensure
protection of human health, safety, or welfare, or of the environment, the
department will, before site closure and if the site is in a monitoring stage,
periodically consider whether improved analytical methods should be used at the
site and will require the use of an improved analytical method or other
responsive action.
(d)
Among the analytical methods set out in EPA's Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods(SW-846), as adopted
by reference in (c) of this section, if there is more than one analytical
method for a hazardous substance, a responsible person may select any of those
methods with a practical quantitation limit less than the applicable cleanup
level. If only one analytical method has a practicable quantitation limit less
than the applicable cleanup level, that method must be used. Analysis for
petroleum contamination must follow the applicable Alaska methods for petroleum
hydrocarbons referred to in Table 1 of Chapter 2 of the Underground
Storage Tanks Procedures Manual,dated August 18, 2014. Table 1 of
Chapter 2 and Appendices C and D of the Underground Storage Tanks
Procedures Manual,dated August 18, 2014 are adopted by
reference.
(e) Laboratory analysis
under the site cleanup rules must be performed by a laboratory approved by the
department under
18 AAC 78.800 -
18 AAC 78.815.