Can a regulator choose to regard an exceedance of a minimal risk as unacceptable?
Yes. Health Criteria Values (HCV) and Soil Guideline Values (SGV) are based on minimal risks to health. They represent trigger values above which there might be a possibility of significant harm with the significance linked to the margin of exceedance, the duration and frequency of exposure, and other site-specific factors that the enforcing authority may wish to take into account. In most cases, further investigation and evaluation of risk will be required. However, it is ultimately for the enforcing authority to judge whether any increased risk to public health above that which is considered tolerable/minimal is unacceptable.
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