Text: HSB00643 Text: HSB00645 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455H.203, subsection 2, Code 2001, is 1 2 amended to read as follows: 1 3 2. In establishing these standards, all of the following 1 4 shall be considered: 1 5 a. Separate standards shall be established for hazardous 1 6 substances in soil, in groundwater which is a protected 1 7 groundwater source, and in groundwater which is not a 1 8 protected groundwater source. 1 9 b. In groundwater which is a protected groundwater source, 1 10 the standards shall beno more protective than the least1 11restrictive ofthe maximum contaminant levels established 1 12 pursuant to the department's drinking water standards, a1 13standard reflecting an increased cancer risk of one in one1 14million, or a standard reflecting a noncancer health risk of1 15oneor, for contaminants that do not have established drinking 1 16 water standards, the standards shall be derived in a manner 1 17 comparable to that used for establishment of drinking water 1 18 standards. An affected area shall not be required to be 1 19 cleaned up to concentration levels below or more restrictive 1 20 than background levels. 1 21 c. In groundwater which is not a protected groundwater 1 22 source, the standards shall be no more protective thanthe1 23least restrictive ofa standard reflecting an increased cancer 1 24 risk of one in ten thousand from exposure to contaminants that 1 25 are known or probable human carcinogens; a standard reflecting 1 26 a noncancer health risk of one-tenth from exposure to 1 27 contaminants that are possible human carcinogens; or a 1 28 standard reflecting a noncancer health risk of one from 1 29 exposure to contaminants that are not known, probable, or 1 30 possible human carcinogens. An affected area shall not be 1 31 required to be cleaned up to levels below or more restrictive 1 32 than background levels. 1 33 d. In soil, the standards shall be no more protective than 1 34the least restrictive ofa standard reflecting an increased 1 35 cancer risk ofonefive in one million from exposure to 2 1 contaminants that are known or probable human carcinogens; a 2 2 standard reflecting a noncancer health risk of one-tenth from 2 3 exposure to contaminants that are possible human carcinogens; 2 4 or a standard reflecting a noncancer health risk of one from 2 5 exposure to contaminants that are not known, probable, or 2 6 possible human carcinogens. An affected area shall not be 2 7 required to be cleaned up to concentration levels below or 2 8 more restrictive than background levels. 2 9 e. Statewide standards specified in paragraphs "b", "c", 2 10 and "d" assume exposure to individual contaminants in 2 11 groundwater or soil. If more than one contaminant exists in a 2 12 medium or exposure to contaminants can occur from more than 2 13 one medium, standards shall be adjusted to reflect a 2 14 cumulative increased cancer risk that is no less protective 2 15 than one in ten thousand and a cumulative noncancer health 2 16 risk to the same target human organ that is no less protective 2 17 than one. Risks associated with background levels of 2 18 contaminants shall not be included in the cumulative risk 2 19 determination. 2 20 Sec. 2. Section 455H.204, subsection 2, paragraph f, Code 2 21 2001, is amended to read as follows: 2 22 f. Cleanup shall not be required in an affected area that 2 23 does not present any of the following: 2 24 (1) An increased cancer risk from a single contaminant at 2 25 the point of exposure ofonefive in one million for 2 26 residential areas or one in ten thousand for nonresidential 2 27 areas. 2 28 (2) An increasednoncancer health risk at the point of2 29exposure of greater than onecancer risk from multiple 2 30 contaminants or multiple routes of exposure greater than one 2 31 in ten thousand. 2 32 (3) An increased noncancer health risk from a single 2 33 contaminant at the point of exposure of greater than one, or 2 34 greater than one-tenth for possible carcinogens. 2 35 (4) An increased noncancer risk to the same target human 3 1 organ from multiple contaminants or multiple routes of 3 2 exposure greater than one. 3 3 Sec. 3. NEW SECTION. 455H.208 PUBLIC PARTICIPATION. 3 4 Public participation shall be a required component of the 3 5 process for participants for all sites enrolled in the land 3 6 recycling program. The required level of public participation 3 7 shall vary depending on the conditions existing at a site. At 3 8 a minimum, the department shall notify all adjacent property 3 9 owners, occupants of adjacent property, and the city or county 3 10 in which the property is located of a site's enrollment in the 3 11 land recycling program and of the scope of work described in 3 12 the participation agreement; and give the notified parties the 3 13 opportunity to obtain updates regarding the status of 3 14 activities relating to the enrolled site in the land recycling 3 15 program. If contaminants from the enrolled site have migrated 3 16 off the enrolled site or are likely to migrate off the 3 17 enrolled site, as determined by the department, the department 3 18 shall notify by direct mailing all potentially affected 3 19 parties, including the city or county in which the potentially 3 20 affected property is located, and officials of any potentially 3 21 impacted public water supply and the notified parties shall be 3 22 given opportunity to comment on proposed response actions. 3 23 The department may require the participant of an enrolled site 3 24 to publish public notice in a local newspaper if widespread 3 25 interest in the site exists or is likely to exist as 3 26 determined by the department. The department shall consider 3 27 reasonable comments from potentially affected parties in 3 28 determining whether to approve or disapprove a proposed 3 29 response action or site closure. 3 30 EXPLANATION 3 31 This bill amends the Iowa land recycling and environmental 3 32 remediation standards Act in Code chapter 455H by amending the 3 33 considerations for establishing the statewide standards, site- 3 34 specific standards, amending the considerations for 3 35 establishing site-specific cleanup standards and appropriate 4 1 response actions, and adding a public participation component 4 2 for all sites in the program. 4 3 The bill amends the criteria which must be considered when 4 4 establishing statewide standards. The bill provides that, in 4 5 groundwater which is a protected groundwater source, the 4 6 standards shall be the maximum contaminant levels established 4 7 pursuant to the department's drinking water standards or, for 4 8 contaminants that do not have established drinking water 4 9 standards, the standards shall be derived in a manner 4 10 comparable to that used for establishment of drinking water 4 11 standards. The bill provides that, in groundwater which is 4 12 not a protected groundwater source, the standards shall be no 4 13 more protective than a standard reflecting an increased cancer 4 14 risk of one in 10,000 from exposure to contaminants that are 4 15 known or probable human carcinogens; a standard reflecting a 4 16 noncancer health risk of one-tenth from exposure to 4 17 contaminants that are possible human carcinogens; or a 4 18 standard reflecting a noncancer health risk of one from 4 19 exposure to contaminants that are not known, probable, or 4 20 possible human carcinogens. The bill provides that, in soil, 4 21 the standards shall be no more protective than a standard 4 22 reflecting an increased cancer risk of five in one million 4 23 from exposure to contaminants that are known or probable human 4 24 carcinogens; a standard reflecting a noncancer health risk of 4 25 one-tenth from exposure to contaminants that are possible 4 26 human carcinogens; or a standard reflecting a noncancer health 4 27 risk of one from exposure to contaminants that are not known, 4 28 probable, or possible human carcinogens. 4 29 The bill provides that the amended statewide standards 4 30 assume exposure to individual contaminants in groundwater or 4 31 soil. The bill provides that, if one or more contaminants 4 32 exist in a medium or exposure to contaminants can occur from 4 33 more than one medium, standards shall be adjusted to reflect a 4 34 cumulative increased cancer risk that is no less protective 4 35 than one in 10,000 and a cumulative noncancer health risk to 5 1 the same target human organ that is no less protective than 5 2 one. The bill provides that risks associated with background 5 3 levels of contaminants shall not be included in the cumulative 5 4 risk determination. 5 5 The bill amends the criteria that must be considered in 5 6 establishing site-specific standards and appropriate response 5 7 actions. The bill provides that cleanup shall not be required 5 8 in an affected area that does not present an increased cancer 5 9 risk from a single contaminant at the point of exposure of 5 10 five in 1,000,000 for residential areas or one in 10,000 for 5 11 nonresidential areas, an increased cancer risk from multiple 5 12 contaminants or multiple routes of exposure greater than one 5 13 in 10,000, an increased noncancer health risk from a single 5 14 contaminant at the point of exposure of greater than one, or 5 15 greater than one-tenth for possible carcinogens, or an 5 16 increased noncancer risk to the same target human organ from 5 17 multiple contaminants or multiple routes of exposure greater 5 18 than one. 5 19 The bill adds a required public participation component for 5 20 participants for all sites enrolled in the land recycling 5 21 program. The bill provides that the level of participation 5 22 shall vary depending on the conditions existing at the site 5 23 and shall range from notification provisions to public notice 5 24 in local newspapers. The bill provides that the department 5 25 shall consider reasonable comments from potentially affected 5 26 parties in determining whether to approve or disapprove a 5 27 proposed response action or site closure. 5 28 LSB 5315DP 79 5 29 tm/cls/14.1
Text: HSB00643 Text: HSB00645 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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