In addition to the other applicable requirements of this chapter, an application for a hazardous waste or PCB incinerator, hazardous waste land facility, chemical waste landfill, or hazardous waste underground injection well must also include a report identifying the risk the facility might pose to the public, including

1. (1) a description of the hazardous waste, PCBs, or PCB Items associated with the operation of the facility;

2. (2) identification of each hazardous constituent, as listed in 40 C.F.R. Part 261, Appendix VIII (codified as of July 1986), that is expected to be discharged or released from the facility into the air, water, land, or subsurface land in a quantity or concentration that could pose a substantial present or potential hazard to human health, or could cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, based on

   1. (A) existing data of its known capacity to cause an adverse effect, as published by the

      1. (i) United States Department of Health and Human Services, National Institute for Occupational Safety and Health, in its Registry of Toxic Effects of Chemical Substances;
      2. (ii) United States Environmental Protection Agency; and
      3. (iii) Agency for Toxic Substance and Disease Registry;
   2. (B) the potential severity of an adverse effect;
   3. (C) toxicological and carcinogenic factors; and
   4. (D) known adverse effects on humans; and

3. (3) for each hazardous constituent identified under (2) of this section, a risk assessment that

   1. (A) determines the probability that the discharge or release will cause harm;
   2. (B) identifies the nature of the harm;
   3. (C) identifies the target population that might be the recipient of that harm; and
   4. (D) includes a statistical validation of the calculated probability.

(Eff. 3/31/89, Register 109)

Authority: AS 46.03.020, AS 46.03.313