Section 299.2. Definitions; L to V.  


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  • As used in this part:

    (a)    “Land or resource use restrictions” means the provisions of any of the following measures that are used to limit or prohibit activities that may interfere with the integrity or effectiveness of a response activity, or to limit or prohibit activities that may result in exposure to hazardous substances at a facility, or to provide notice about the presence of a hazardous substance at a facility in concentrations that exceed only an aesthetic-based cleanup criterion:

    (i)   A restrictive covenant.

    (ii)   A notice of approved environmental remediation.

    (iii)      An institutional control, which may be a local ordinance or any form of preapproved institutional control, such as a notice of aesthetic impact.

    (b)   "Leachate" means liquid, including any suspended components in the liquid, that has percolated through or drained from a hazardous substance or soil contaminated with a hazardous substance.

    (c)    "Linearized multistage model" means a dose-response model which assumes that there are a number of distinct biological stages or changes that must occur for a normal cell to be transformed into a tumor and which assumes the dose-response relationship to be linear at low doses.

    (d)  “Notice of aesthetic impact” means a document that describes conditions at a facility that result from the presence of hazardous substances at concentrations which exceed only cleanup criteria that are based on aesthetic impacts.

    (e)   "Reference dose" or "RfD" means a conservative estimate of the daily intake of the human population, including sensitive subgroups, that is likely to be without appreciable risk of deleterious effect during a lifetime. The reference dose is expressed in units of milligrams per kilogram body weight per day.

    (f)  “Relative source contribution factor” or “RSC” means that portion of a person’s total daily intake of a noncarcinogenic hazardous substance that comes from the medium being addressed by the cleanup criterion.

    (g)    “Relevant pathway” means an exposure pathway that is reasonable and relevant because there is a reasonable potential for exposure to a hazardous substance to occur to a human or nonhuman receptor. The components of an exposure pathway are a source or release of a hazardous substance, an exposure point, and, if the exposure point is not the source or point of release, a transport medium. The existence of a municipal water supply, exposure barrier, or other similar feature does not automatically make an exposure pathway irrelevant.

    (h)    "Risk assessment" means the analytical process used to determine the risk to the public health, safety, or welfare or to the environment associated with a release or threat of release of a hazardous substance at a facility.

    (i)    "Secondary maximum contaminant level" means the United States environmental protection agency's secondary maximum contaminant level for protection of the public welfare for substances that may adversely affect the taste, odor, color, appearance, or any aesthetic quality of drinking water, as set forth in 40 C.F.R. part 143 (revised as of July 1, 2012), which is adopted by reference in these rules and which is available for inspection at the Lansing office of the department, 525 West Allegan Street, Lansing, Michigan. Copies of the provisions may be purchased, at a cost as of the time of adoption of these rules of $55.00, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (Stock Number 869-044-00152-7), or from the Department of Environmental Quality, Remediation and Redevelopment Division, 525 West Allegan Street, Lansing, Michigan 48933, at cost.

    (j)    "Toxicological interaction" means simultaneous exposure to 2 or more hazardous substances which will produce a toxicological response that is greater or less than their individual responses.

    (k)   "Weight of evidence," a term of art used in risk assessment, means an evaluation of the relevant scientific data conducted to determine the likelihood that a hazardous substance is a human carcinogen or causes noncancer adverse health effects, or both. The evaluation may include any of the following information in addition to toxicological bioassays:

    (i)   Structure-activity relationships.

    (ii)   chemical-physical properties.

    (iii)   Short-term test findings.

    (iv)   Results of appropriate physiological, biological, and toxicological observations.

    (v)   ) Comparative metabolism and pharmacokinetic studies.

    (l)    “Volatile” means any compound that exhibits a Henry’s law constant equal to or greater than 0.00001 atmosphere-cubic meter per mole at standard temperature and pressure.

History: 2013 AACS.