S.D. Admin. R. 74:56:05:14 - Tier 3 action levels - Criteria

The responsible person may calculate Tier 3 action levels with prior approval from the department and as specified below:

(1) Toxicity information must be obtained from sources consistent with EPA's "Risk Assessment Guidance for Superfund" (1989). The department may allow the development of a toxicity value if required and applicable toxicological data are available;

(2) The excess lifetime cancer risk may not exceed 1:100,000 for all pathways;

(3) The chronic noncancer risk may not exceed a hazard index of one for all pathways;

(4) Reasonable maximum exposure default values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989) must be used for exposure assumptions or site specific exposure data may be used with the permission of the department;

(5) The department shall approve work plans for the development of Tier 3 action levels;

(6) The department shall approve of the location of monitoring points to ensure compliance with the South Dakota groundwater quality standards in chapter 74:54:01 and the conditions listed in subdivisions (2) and (3) in this section;

(7) If soil contaminant levels exceed the Tier 3 action levels, the responsible person must implement corrective action consistent with § 74:56:05:01 to reduce the risks associated with the site to below the conditions listed in subdivisions (2) and (3) in this section;

(8) The responsible person must pay for any modeling or review by an independent department contractor.

Notes

S.D. Admin. R. 74:56:05:14

22 SDR 86, effective 12/18/1995; transferred from

General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.

Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.

Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)" December 1989, United States Environmental Protection Agency, Office of Emergency and Remedial Response, 401 M Street, SW (OS-230), Washington, DC 20460, (202)475-9486. Copies may be obtained from the address listed. Cost: $48.