Ariz. Admin. Code § 18-16-201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-16-201 - Preliminary Investigations

A. Based on information of a possible release or threatened release of a hazardous substance, the Department may conduct a preliminary investigation to obtain additional information necessary to determine the potential risk to public health, welfare, and the environment in order to score the site and include it on the registry established under A.R.S. § 49-287.01(D).

B. Before conducting a preliminary investigation, the Department shall consider whether the possible release or threatened release of a hazardous substance:

1. Is being addressed by or should be referred to another applicable program administered by the Department or another federal, state or local governmental agency with jurisdiction over the matter; or

2. Is being adequately addressed through voluntary action.

C. At any time before or during a preliminary investigation, if the Department determines that a possible release or threatened release of a hazardous substance is being adequately addressed by another program or agency or voluntarily, the Department may suspend or terminate a preliminary investigation under this Section.

D. A preliminary investigation is a screening level investigation based primarily upon existing information. The Department may collect existing information regarding a release or threatened release of a hazardous substance from any appropriate source, including Department programs, governmental agencies, water providers, complainants, and owners and operators of facilities where the release may have occurred. When existing information, such as soil or water sampling data, cannot be validated, or when sufficient data does not exist, additional data may be collected as necessary.

E. The Department shall terminate the preliminary investigation prior to completion if:

1. The Department determines that the release of a hazardous substance has not occurred and is not likely to occur; or

2. The Department determines:

a. Based on valid sampling data, that soil contaminated by a release of a hazardous substance meets the requirements of A.R.S. § 49-152 and 18 A.A.C. 7, Article 2; and

b. Based on valid sampling data, that the release or a threatened release of a hazardous substance does not and will not result in an exceedance of water quality standards, or if there is no water quality standard, a risk level approved by the Department to protect public health, welfare, and the environment.

F. The Department shall notify affected water providers of the termination of a preliminary investigation under R18-16-201(E).

G. If the Department does not terminate or suspend a preliminary investigation under subsections (C) or (E), the Department shall proceed with the preliminary investigation by collecting any additional information necessary to score a potential site using the eligibility and evaluation site scoring model under R18-16-202. The Department shall notify affected water providers and affected local governments of the initiation of the preliminary investigation. A work plan shall be developed and implemented to collect additional information and shall include the following information:

1. The location and description of the potential site, including a map.

2. A list of hazardous substances known or suspected to have been released.

3. A proposal to search available records to determine:

a. The historic and current uses of facilities within the potential site.

b. The physical and environmental conditions within the potential site.

c. Any previous environmental investigations or regulatory involvement by federal, state, or local authorities.

4. A proposal to obtain information from any affected water providers.

H. If the Department determines that additional information is necessary to score a potential site using the eligibility and evaluation site scoring model under R18-16-202, the work plan shall be supplemented with the following information:

1. A conceptual site model to determine:

a. Potential sources of contamination.

b. Potential exposure pathways.

c. Potential human, aquatic, and terrestrial receptors.

2. If sampling is necessary, the work plan shall contain the following information:

a. The objectives of the sampling.

b. A quality assurance project plan.

c. A sampling and analysis plan to verify whether a suspected release has occurred, and if the release has occurred, to adequately characterize the release to score the site using the eligibility and evaluation site scoring model.

d. A health and safety plan consistent with 29 CFR. 1910.120.

I. Following completion of the preliminary investigation, the Department or any person identified under subsection (L) shall prepare a preliminary investigation report. The report shall contain the following information:

1. Information gathered and reviewed under subsection (G), including a summary of the information with references to relevant reports.

2. If applicable, the conceptual site model developed under subsection (H).

3. If sampling was conducted under subsection (H):

a. A description of the sampling activities.

b. Analytical results including a summary of the results with references to relevant reports.

c. A map of sample locations.

d. Data quality information including a summary with references to relevant reports.

J. The Department shall approve the preliminary investigation report prepared under subsection (I) if it contains sufficient valid information to score the site using the eligibility and evaluation site scoring model under R18-16-202 or to make a determination that no further investigation or action is needed under subsection (K).

K. Based on a review of the preliminary investigation report prepared under subsection (I), the Department shall:

1. Determine that no further investigation or action is needed using the criteria in subsection (E); or

2. Prepare a draft site registry report under A.R.S. § 49-287.01(B).

L. The Department may allow any person to conduct any part of the preliminary investigation by written agreement. A person requesting to conduct all or any part of a preliminary investigation shall submit a written request to the Department that includes the following information:

1. The name and address of the person making the request and the nature of the relationship of the person to the site.

2. The portion of the preliminary investigation the person wants to conduct.

3. A work plan to conduct the preliminary investigation in accordance with subsection (G).

4. A schedule for completion of the activities specified in the work plan.

5. If requested by the Department, information regarding the financial capability of the person to conduct the work plan.

Ariz. Admin. Code § R18-16-201

New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.