Section 250.310. Minimum threshold MSCs

(a) For regulated substances listed in Appendix A, Table 6 that are found in groundwater, the minimum threshold MSC of 5 micrograms per liter in groundwater, shall be used.

(b) For regulated substances listed in Appendix A, Table 6 that are found in soil, the lowest of one of the following values shall be used as the minimum threshold MSC:

(1) An ingestion numeric value of 100 milligrams per kilogram in soil.

(2) The soil-to-groundwater pathway numeric value throughout the soil column as determined by the methodology in § 250.308 (relating to soil-to-groundwater pathway numeric values), but substituting 5 micrograms per liter in groundwater for the groundwater MSC. The soil-to-groundwater pathway numeric value shall be calculated by using a concentration in soil at the site which does not produce a leachate in excess of the MSC for groundwater or by using a value which is 100 times the MSC for groundwater, expressed in milligrams per kilogram of soil. An equivalency demonstration under § 250.308(d) may be substituted for the soil-to-groundwater numeric value.

(c) The minimum threshold MSC in subsection (a) and the ingestion numeric value in subsection (b)(1) are calculated according to the following exposure assumption and equation: 0.50 ppb dietary intake corresponds to a 1x10^-6 risk (USFDA Threshold of Regulation Final Rule July 17, 1995) assuming the substance is a carcinogen. Correcting this value (or 5.0 ppb) to the 10^-5 risk level, in Statewide health standard formulation, the threshold of regulation concentrations are determined by the following exposure assumptions and calculations:

Five µg/kg (substance of concern) threshold level corresponding to 1x10^-5 risk

Dietary intake 2 kg/day x 5 µg/kg (substance - 10 µg/day (daily intake of substance of concern)

For soil ingestion: 10 µg/100 mg soil or 100 mg/kg = Threshold concentration for soils

For groundwater ingestion: 10 µg/2L water = 5 µg/L - Threshold concentration for water

The 100 mg soil and 2L water factors are the default ingestion rates from § 250.306(c) (relating to ingestion numeric values).