NAC445A.2272. Contamination of soil: Establishment of action levels.

     1. For the purposes of NAC 445A.22695 to 445A.2271, inclusive, the action level for soil must be established at the following levels:

     (a) The background concentration or volume of a hazardous substance, hazardous waste or a regulated substance set forth in:

          (1) The permit issued to the owner or operator by the Division; or

          (2) A study approved by the Division.

     (b) The presence of a hazardous substance, hazardous waste or a regulated substance in the soil at an appropriate level of concentration that is based on the protection of the waters of the State, public health and safety for all identified routes of exposure and the environment. The appropriate level of concentration must be determined by the Division using the Integrated Risk Information System, adopted by the Environmental Protection Agency, as it existed on October 3, 1996, or any other equivalent method or peer-reviewed source of information chosen by the Division.

     2. Except as otherwise provided in this subsection, if more than one action level for soil may be established using the criteria set forth in paragraph (b) of subsection 1, the most restrictive action level must be used. In no case may the action level be more restrictive than the background concentration of the hazardous substance, hazardous waste or regulated substance.

     3. The State Environmental Commission hereby adopts by reference the Integrated Risk Information System, adopted by the Environmental Protection Agency, as it existed on October 3, 1996. A copy of the system is available on-line through the Internet and may be obtained from an Integrated Risk Information System Representative at [phone], free of charge.

     (Added to NAC by Environmental Comm’n, eff. 10-3-96; A by R189-08, 8-25-2009)