Ariz. Admin. Code § 18-7-201

Current through Register Vol. 30, No. 50, December 13, 2024
Section R18-7-201 - Definitions

In addition to the definitions provided in A.R.S. §§ 49-151 and 49-152, the following definitions apply in this Article:

1. "Aquifer Protection Permit Program" means the system of requirements prescribed in A.R.S. Title 49, Chapter 2, Article 3 and A.A.C. Title 18, Chapter 9, Articles 1 through 7.

2. "Background" means a concentration of a naturally occurring contaminant in soils.

3. "Carcinogen" or "carcinogenic" means the potential of a contaminant to cause cancer in humans as determined by lines of evidence in accordance with a narrative classification in "Guidelines for Carcinogen Risk Assessment", EPA/630/P-03/001F, March 2005, (and no future editions), which is incorporated by reference. "Guidelines for Carcinogen Risk Assessment" is available from ADEQ and at http://cfpub.epa.gov/ncea/raf/recordisplay.cfm?deid=116283.

4. "Child care facility" means any permanent facility on a property or portion of property in which care or supervision is provided for children below the age of 18, unaccompanied by a parent or guardian, for periods of less than 24 hours per day. Child care facility does not include private homes or facilities that care for fewer than five children.

5. "Contact" means exposure to a contaminant through ingestion, inhalation, or dermal absorption.

6. "Contaminant" means a substance regulated by the programs listed in R18-7-202(A) or R18-7-202(B) or defined in A.R.S. § 49-171(2).

7. "Department" means the Arizona Department of Environmental Quality.

8. "Deterministic risk assessment methodology" means a site-specific human health risk assessment, performed using a specific set of input variables, exposure assumptions, and toxicity criteria, represented by point estimates for each receptor evaluated, which results in a point estimate of risk.

9. "Declaration of Environmental Use Restriction" or "DEUR" means a restrictive covenant as described in A.R.S. § 49-152.

10. "Ecological community" means an assemblage of populations of different species within a specified location in space and time.

11. "Ecological receptor" means a specific ecological community, population, or individual organism, protected by federal or state laws and regulations, or a local population that provides an important natural or economic resource, function, and value.

12. "Ecological risk assessment" means a scientific evaluation of the probability of an adverse effect to ecological receptors from exposure to specific types and concentrations of contaminants. An ecological risk assessment contains four components: identification of potential contaminants; an exposure assessment; a toxicity assessment; and a risk characterization.

13. "Engineering control" means a remediation method, such as a barrier or cap, which is used to prevent or minimize exposure to contaminants, and includes technologies that reduce the mobility or migration of contaminants.

14. "Excess lifetime cancer risk" means the increased risk of developing cancer above the background cancer occurrence levels due to exposure to contaminants.

15. "Exposure" means contact between contaminants and organisms.

16. "Exposure pathway" means the course a contaminant takes from a source to an exposed organism. Each exposure pathway includes a source or release from a source, an exposure point, and an exposure route. If the exposure point differs from the source, transport/exposure media (that is, air, water) are also included.

17. "Exposure point" means a location of potential contact between a contaminant and an organism.

18. "Exposure route" means the way a contaminant comes into contact with an organism (that is, by ingestion, inhalation, or dermal contact).

19. "Groundwater" means water in an aquifer as defined in A.R.S. § 49-201(2).

20. "Hazard Index" means the sum of hazard quotients for multiple substances and/or multiple exposure pathways, or the sum of hazard quotients for chemicals acting by a similar mechanism and/or having the same target organ.

21. "Hazardous Waste Management Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 5, Article 2 and 18 A.A.C. 8, Article 2.

22. "Hazard quotient" means the value which quantifies non-carcinogenic risk for one chemical for one receptor population for one exposure pathway over a specified exposure period. The hazard quotient is equal to the ratio of a chemical-specific intake to the reference dose.

23. "Imminent and substantial endangerment to the public health or the environment" has the meaning found in A.R.S. § 49-282.02(C)(1).

24. "Institutional control" means a legal or administrative tool or action taken to reduce the potential for exposure to contaminants.

25. "Letter of Completion" means a Departmental statement that indicates whether the property in question has met the soil remediation standards in this Article.

26. "Migrate" or "migration" means the movement of contaminants from the point of release, emission, discharge, or spillage: through the soil profile; by volatilization from soil to air and subsequent dispersion to air; and by water, wind, or other mechanisms.

27. "Non-carcinogen" means a contaminant that has the potential upon exposure to an individual to cause adverse health effects other than cancer.

28. "Non-residential site-specific remediation level" means a level of contaminants remaining in soil after remediation that results in a cumulative excess lifetime cancer risk between 1 x 10-6 and 1 x 10-4 and a Hazard Index no greater than 1 based on non-residential exposure assumptions.

29. "Nuisance" means the activities or conditions that may be subject to A.R.S. § 49-141.

30. "Person" means any public or private corporation, company, partnership, firm, association, or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns, municipal corporations, as well as a natural person.

31. "Population" means an aggregate of individuals of a species within a specified location in space and time.

32. "Probabilistic risk assessment methodology" means a site-specific human health risk assessment, performed using probability distributions of input variables and exposure assumptions that take into account the variability and uncertainty of these values, which results in a range or distribution of possible risk estimates.

33. "Reasonable Maximum Exposure" or "RME" means the highest human exposure case that is greater than the average, but is still within the range of possible exposures to humans at a site.

34. "Remediate" or "remediation" has the meaning found in A.R.S. § 49-151.

35. "Reference dose" means the toxicity factor expressed as a threshold level in units of (mg/kg-day) at which non-cancer effects are not expected to occur.

36. "Repository" means the Department's database, established under A.R.S. § 49-152(E), from which the public may view information pertaining to remediation projects.

37. "Residential site-specific remediation level" means a level of contaminants remaining in the soil after remediation that results in a cumulative excess lifetime cancer risk between 1 x 10-6 and 1 x 10-4 and a Hazard Index no greater than 1 based on residential exposure assumptions.

38. "Residential use" has the meaning found in A.R.S. § 49-151.

39. "School" means any public institution under the jurisdiction of the Arizona State Board of Education or the Arizona State Board for Charter Schools, or any non-public institution, established for the purposes of offering instruction to children attending any grade from preschool through grade 12.

40. "Site-specific human health risk assessment" means a scientific evaluation of the probability of an adverse effect to human health from exposure to specific types and concentrations of contaminants. A site-specific human health risk assessment contains four components: identification of potential contaminants; an exposure assessment; a toxicity assessment; and a risk characterization.

41. "Soil" means all earthen materials, including moisture and pore space contained within earthen material, located between the land surface and groundwater including sediments and unconsolidated accumulations produced by the physical and chemical disintegration of rocks.

42. "Soil remediation level" or "SRL" means a pre-determined risk-based standard based upon the total contaminant concentration in soil, developed pursuant to A.R.S. § 49-152(A)(1) and listed in Appendix A or, as applicable, in Appendix B.

43. "Solid Waste Management Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 4, and the rules adopted under those statutes.

44. "Special Waste Management Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 4, Article 9 and 18 A.A.C. 13, Articles 13 and 16.

45. "Underground Storage Tank Program" or "UST Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 6, Article 1 and 18 A.A.C. 12.

46. "Water Quality Assurance Revolving Fund" or "WQARF" means the system of requirements prescribed in A.R.S. Title 49, Ch. 2, Article 5 and 18 A.A.C. 16.

Ariz. Admin. Code § R18-7-201

Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-201 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).