[31 Pa.B. 6615]
[Continued from previous Web Page] Remedial action--§ 245.312
One commentator suggested allowing a responsible party to combine the reports required by § 245.310, relating to site characterization reports, and this section. Section 245.303(e) states the Department may waive or combine requirements. The commentator questioned whether the reports required by §§ 245.310 and 245.312 could be combined. If they could be, the commentator wondered whether Department permission would be required prior to submitting them together to the Department.
The Department believes the commentator was requesting that site characterization reports and remedial action plans (§ 245.311) be combined. Section 245.303(e) does allow for this report/plan to be a single submission. However, the responsible party should contact the Department and agree upon a time frame for submission of the combined report/plan, unless the report/plan combination is submitted within the regulatory time frame governing the site characterization report.
Several comments addressed § 245.312(e), which deals with termination of remedial action plans. One commentator stated that while subsection (e) requires the responsible party to request termination of the remediation plan if the plan is not achieving the remediation standard, there is no time requirement for the Department to respond to the request. Another commentator requested clarification regarding subsection (e)--whether a new remedial action plan must be submitted when the remediator decided to select a more stringent remedy with no change in the remediation standard selected; and, if the new remedy could proceed without waiting for Department approval.
The Board has revised subsection (e) extensively. The proposed requirement for the responsible party to write to the Department requesting termination of the remedial action plan has been eliminated. Under the final-form regulation, when responsible parties wish to change the remedial approach, they simply submit a new or modified remedial action plan to the Department for review and approval. As indicated earlier in this section, a 60- or 90-day time frame for Department review would apply to the new or modified plan depending on the remediation standard selected. The responsible party is expected to continue to implement the existing remedial action plan until approval of the new or modified plan. Selection of a more (or less) stringent remedy would require submission of a new or modified remedial action plan. Selection of a new remediation standard, but not a change of the remedy, would not require submission of a new or modified remedial action plan.
One commentator suggested that a time limit for submission of the new or modified remedial action plan should be added to § 245.310(e). The final-from rulemaking does not add a time limit here. As with other submissions under this regulation that may be returned to the responsible party for additional information or work, the Board would prefer that the Department request resubmission of a report/plan or submission of a new report/plan within a reasonable time frame based on the particulars of the case.
One commentator requested that the final remediation action progress report should be consolidated into the remedial action completion report. Language has been added to § 245.312(d) to provide for this.
One commentator pointed out that § 245.312(e) and (f) should be structured to allow for the possibility of a change in remediation method without a change in the remediation standard. As proposed, when a responsible party notified the Department of a mid-course change in a remediation action plan, the notice would have had to include ''selection of a new remediation standard.'' These two subsections have been revised to address this concern by indicating that it is only necessary to identify a new remediation standard, if one has been selected.
One commentator suggested that because § 245.312(g), which related to demonstrating groundwater cleanup, was being deleted, a cross reference should be added to § 250.704, which relates to general attainment requirements for groundwater.
The Department believes that the concern is accommodated in § 245.313(b), which establishes the requirements for a remedial action completion report. Section 245.313(b) cites the specific subsections in Chapter 250 that are to be addressed in the remedial action completion report for each standard. These subsections include the attainment requirements of Chapter 250, Subchapter G, which includes § 250.704.
One commentator objected to the deletion of § 245.312(g), which required only 4 quarters of groundwater monitoring, and replacing it with Act 2's general requirement of 8 quarters of monitoring to demonstrate attainment of groundwater standards.
Section 250.704(d) specifically mandates 8 quarters of monitoring as the general requirement for demonstrating attainment of an Act 2 standard in groundwater. Because releases from regulated storage tanks are subject to the standards and attainment requirements of Act 2 and Chapter 250, § 245.312(g) is deleted in the final-form rulemaking.
One commentator suggested further amendment of proposed § 245.312(f) to establish the starting point for the 24-hour deadline to report suspension of a remedial action because it was causing environmental harm. The Board has clarified this subsection by indicating that the notification is to be made to the Department within 24 hours of suspension of the remedial action plan.
G. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final-form rulemaking.
Benefits This final-form rulemaking is primarily intended to harmonize the requirements of the CAP regulation and the requirements of Act 2 and the Chapter 250 regulations. By making these changes, the Board hopes to reduce confusion faced by responsible parties for releases from regulated storage tanks regarding what requirements they need to meet. By making the changes necessary to have the CAP regulation reflect the most recent statutory amendments affecting storage tanks, owners and operators of storage tanks can be confident that the requirements outlined in Chapter 245 represent a comprehensive overview of their responsibilities for corrective action should a release occur. Finally, the citizens of this Commonwealth should benefit through quicker and more efficient remediations occurring, along with the reuse of contaminated sites under the Act 2 program.
With the incorporation of report review time frames and deemed approved provisions, responsible parties are guaranteed an action, either approval or disapproval, from the Department regarding all corrective action process reports.
By extending the time allowed for preparing SIR reports under Subchapter E's release detection rules, this final-form rulemaking should allow for sufficient time for proper reports to be generated when tank owners use this leak detection method.
An alternative approach would have been to delete Subchapter D entirely, and simply have storage tank cleanups proceed under Act 2 and Chapter 250's procedures. Given the requirements of section 904(c) of Act 2, the Board felt that the General Assembly recognized that the procedures established for corrective actions under the Storage Tank Act were working, and so should be preserved. Therefore, this final-form rulemaking only represents the modifications needed to integrate the programs.
Compliance Costs Persons responsible for corrective actions under the Storage Tank Act should see no net increases in compliance costs as a result of this rulemaking. Generally speaking, most requirements in this final-form rulemaking to amend the CAP regulation are already in place through statutory amendment (such as Act 2, Act 16 of 1995 and the Engineer, Land Surveyor and Geologist Registration Law) or regulations that are already in effect (such as Chapter 250). The Board does not anticipate any additional costs to the Commonwealth as a result of this final-form rulemaking. While the final regulatory language includes a commitment on the part of the Department to review corrective action process reports and plans in a timely manner, it is believed that implementation of these provisions can be handled by existing regional office staff. However, the Department acknowledges that shifting of staff in some regional offices may need to occur for effective implementation.
Compliance Assistance Plan The Department currently operates a fairly extensive program of outreach activities designed to assist owners and operators of storage tanks and other potentially responsible parties. This program includes the Storage Tank Monitor, a biannual newsletter; a series of detailed fact sheets that focus on single issues in the program (such as release reporting); and seminars and training sessions presented by both central and regional office training teams on a variety of issues. The Department has also prepared a number of detailed guidance documents on specific topics to assist both program staff and regulated persons in understanding and meeting the requirements of the Storage Tank Act and Chapter 245. Department personnel regularly present and participate in program seminars jointly with the regulated community and the Underground Storage Tank Indemnification Fund (USTIF) and consults with STAC on regulatory, policy and program development. As with any new or amended regulations, the Department will make every effort to inform the regulated community and the general public about the new requirements.
The costs of corrective actions for most releases from underground storage tanks should be covered by the USTIF created by Chapter 7 of the Storage Tank Act (35 P. S. §§ 6021.701--6021.712) and administered by the Insurance Department. The Department does have a limited amount of funding under section 710(b.1) of the Storage Tank Act (35 P. S. § 6021.710(b.1)) for special environmental cleanup projects. This money is limited to use in carrying out remedial actions at sites where owners of underground storage tanks are not eligible for USTIF coverage, for remediation not completed due to financial hardship and for owners of retail gasoline facilities or commercial distribution centers that are no longer in business. Corrective actions at storage tank sites may also be eligible for funding under the programs established by Acts 2 and 4 of 1995.
Paperwork Requirements This final-form rulemaking does require responsible parties for storage tank releases to prepare and submit to the Department and any municipality affected a release notification report where new impacts to environmental media or water supplies, buildings, or sewer or other utility lines are discovered after the initial notification already required by regulation. This notification process is already familiar to responsible parties, will not be necessary in all cases and will not pose a significant additional burden. One area where paperwork required to be submitted to the Department should decrease is in release reports. By following the Federal standard in 40 CFR 280.53, fewer release reports will be submitted to the Department, reducing the paperwork burden on the regulated community under these final-form regulations.
H. Pollution Prevention
''Pollution prevention (P2)'' is defined as measures taken to avoid or reduce generation of all types of waste--solid/hazardous waste, wastewater discharges and air emissions--at their points of origin. It does not include activities undertaken to treat, control or dispose of pollution once it is created, such as end-of-the-stack or pipe control equipment or procedures. Because the CAP regulation only becomes applicable after a release of regulated substances occurs from a regulated storage tank, it does not generally provide P2 opportunities. It should be noted, however, that this regulation was designed to be flexible, rather than prescriptive, with the goal of having cleanups completed more quickly, thus minimizing the polluting impacts of a release. In addition, the new provision in § 245.306(b)(4) regarding segregation of soils should help to reduce the volume of contaminated soils at storage tank remediation sites.
I. Sunset Review
This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether it effectively fulfills the goals for which it was intended.
J. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 11, 2000, the Department submitted a copy of the notice of proposed rulemaking, published at 30 Pa.B. 3897 (July 29, 2000), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered the comments from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on October 11, 2001, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 18, 2001, and approved the final-form regulations.
K. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 30 Pa.B. 3897.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
L. Order.
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 245, are amended by amending §§ 245.1, 245.304--245.306, 245.309--245.313 and 245.444 and by adding § 245.314, to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DAVID E. HESS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 6120 (November 3, 2001).)
Fiscal Note: Fiscal Note 7-355 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 245. ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM
Subchapter A. GENERAL PROVISIONS
GENERAL § 245.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Aquifer--A geologic formation, group of formations or part of a formation capable of a sustainable yield of significant amount of water to a well or spring.
Background--The concentration of a regulated substance determined by appropriate statistical methods that is present at the site, but is not related to the release of regulated substance at the site.
* * * * * Cleanup or remediation--To clean up, mitigate, correct, abate, minimize, eliminate, control or prevent a release of a regulated substance into the environment to protect the present or future public health, safety, welfare or the environment, including preliminary actions to study or assess the release.
* * * * * Contaminant--A regulated substance released into the environment.
* * * * * Environmental media--Soil, sediment, surface water, groundwater, bedrock and air.
* * * * * Free product--A regulated substance that is present as a separate phase liquid; that is, liquid not dissolved in water.
* * * * * Groundwater--Water below the land surface in a zone of saturation.
Hazardous substance storage tank system--A storage tank system that contains a hazardous substance defined in section 101(14) of CERCLA (42 U.S.C.A. § 101(14)). The term does not include a storage tank system that contains a substance regulated as a hazardous waste under Subtitle C of CERCLA, or mixture of the substances and petroleum, and which is not a petroleum system.
* * * * * Potential to be affected--In the context of water supplies, a water supply that, by virtue of its location with respect to a release of regulated substances, is reasonably likely to be impacted by that release, based on an evaluation of the known physical and hydrogeologic environment in which the release occurred and the fate and transport properties of the contaminants released.
* * * * * Property--A parcel of land defined by the metes and bounds set forth in the deed for that land.
* * * * * Remediation standard--The background, Statewide health or site-specific standard, or any combination thereof, as provided for in the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.909).
* * * * * Reportable release--A quantity or an unknown quantity of regulated substance released to or posing an immediate threat to surface water, groundwater, bedrock, soil or sediment. The term does not include the following, if the owner or operator has control over the release, the release is completely contained and, within 24 hours of the release, the total volume of the release is recovered or removed in the corrective action:
(i) A release to the interstitial space of a double-walled aboveground or underground storage tank.
(ii) A release of petroleum to an aboveground surface that is less than 25 gallons.
(iii) A release of a hazardous substance to an aboveground surface that is less than its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. §§ 9601--9675) and 40 CFR Part 302 (relating to designation, reportable quantities, and notification).
* * * * * Responsible party--A person who is responsible or liable for corrective action under the act. The term includes: the owner or operator of a storage tank; the landowner or occupier; a person who on or after August 5, 1990, knowingly sold, distributed, deposited or filled an underground storage tank regulated by the act which never held a valid registration, with a regulated substance; and a person who on or after August 5, 1990, knowingly sold, distributed, deposited or filled an unregistered aboveground storage tank regulated by the act, with a regulated substance, prior to the discovery of the release.
Risk assessment--A process to quantify the risk posed by exposure of a human or ecological receptor to regulated substances. The term includes baseline risk assessment, development of site-specific standards and risk assessment of the remedial alternatives.
* * * * * Site--For purposes of § 245.303(c) and (d) (relating to general requirements), the term means the property which includes the storage tank facility. For other purposes, the term means the extent of contamination originating within the property boundaries and all areas in close proximity to the contamination necessary for the implementation of remedial activities to be conducted.
* * * * * Survey--For purposes of § 245.303(d), the term means a study to establish background for surface water, groundwater, soil and sediment prior to the use of a storage tank facility.
* * * * *
Subchapter D. CORRECTIVE ACTION PROCESS FOR OWNERS AND OPERATORS OF STORAGE TANKS AND STORAGE TANK FACILITIES AND OTHER RESPONSIBLE PARTIES § 245.304. Investigation of suspected releases.
(a) The owner or operator of storage tanks and storage tank facilities shall initiate and complete an investigation of an indication of a release of a regulated substance as soon as practicable, but no later than 7 days after the indication of a release. An indication of a release includes one or more of the following conditions:
(1) The presence of a regulated substance or an unusual level of vapors from a regulated substance of unknown origin, at a storage tank facility.
(2) Evidence of a regulated substance or vapors in soils, basements, sewer lines, utility lines, surface water or groundwater in the surrounding area.
(3) Unusual operating conditions, indicative of a release, such as the erratic behavior of product dispensing equipment.
(4) The sudden or unexpected loss of a regulated substance from a storage tank, or the unexplained presence of water in a storage tank.
(5) Test, sampling or monitoring results from a release detection method which indicate a release.
(6) The discovery of holes in a storage tank during activities such as inspection, repair or removal from service.
(7) Other events, conditions or results which may indicate a release.
(b) The investigation required by subsection (a) shall include a sufficient number of the procedures outlined in this subsection and be sufficiently detailed to confirm whether a release of a regulated substance has occurred. The owner or operator shall investigate the indication of a release by one or more of the following procedures:
(1) A check of product dispensing or other similar equipment.
(2) A check of release detection monitoring devices.
(3) A check of inventory records to detect discrepancies.
(4) A visual inspection of the storage tank or the area immediately surrounding the storage tank.
(5) Testing of the storage tank for tightness or structural soundness.
(6) Sampling and analysis of soil or groundwater.
(7) Other investigation procedures which may be necessary to determine whether a release of a regulated substance has occurred.
(c) If the investigation confirms that a reportable release has occurred, the owner or operator shall report the release in accordance with § 245.305 (relating to reporting releases) and initiate corrective action.
(d) If the investigation confirms that a nonreportable release has occurred, the owner or operator shall take necessary corrective actions to completely recover or remove the regulated substance which was released.
(e) If the investigation confirms that a release has not occurred, further investigation by the owner or operator is not required.
§ 245.305. Reporting releases.
(a) The owner or operator of storage tanks and storage tank facilities shall notify the appropriate regional office of the Department as soon as practicable, but no later than 24 hours, after the confirmation of a reportable release.
(b) Upon the occurrence of a confirmed, nonreportable release, the owner or operator shall take necessary corrective actions to completely recover or remove the regulated substance which was released.
(c) The notice required by subsection (a) shall be by telephone and describe, to the extent of information available, the regulated substance involved, the quantity of the regulated substance involved, when the release occurred, where the release occurred, the affected environmental media, relevant, available information concerning impacts to water supplies, buildings or to sewer or other utility lines and interim remedial actions planned, initiated or completed.
(d) Within 15 days of the notice required by subsection (a), the owner or operator shall provide written notification to the Department and to each municipality in which the reportable release occurred, and each municipality where that release has impacted environmental media or water supplies, buildings or sewer or other utility lines.
(e) The owner or operator shall provide written notification to the Department and each impacted municipality of new impacts to environmental media or water supplies, buildings, or sewer or other utility lines discovered after the initial written notification required by subsection (d). Written notification under this subsection shall be made within 15 days of the discovery of the new impact.
(f) Written notification required by this section shall contain the same information as required by subsection (c).
(g) If the Department determines that a release poses an immediate threat to public health and safety, the Department may evaluate and implement reasonable procedures to provide the public with appropriate information about the situation which may, at a minimum, include a summary of the details surrounding the release and its impacts in a newspaper of general circulation serving the area in which the impacts are occurring.
(h) Upon the occurrence of a reportable release at the aboveground storage tank, the owner or operator of aboveground storage tank facilities with a capacity greater than 21,000 gallons shall immediately notify the county emergency management agency, the Pennsylvania Emergency Management Agency and the Department. Downstream water companies, downstream municipalities and downstream industrial users within 20 miles of an aboveground storage tank facility located adjacent to surface waters shall be notified on a priority basis based on the proximity of the release by the owner or operator or the agent of the owner or operator within 2 hours of a release which enters a water supply or which threatens the water supply of downstream users. If the owner or operator or an agent fails to notify or is incapable of notifying downstream water users, the county emergency management agency shall make the required notification. This notification shall be done in accordance with section 904 of the act (35 P. S. § 6021.904).
(i) The owner or operator of storage tanks and storage tank facilities shall immediately notify the local fire authority where fire, explosion or safety hazards exist at the site.
§ 245.306. Interim remedial actions.
(a) Upon confirming that a release has occurred in accordance with § 245.304 (relating to investigation of suspected releases) or after a release from a storage tank is identified in another manner, the responsible party shall immediately initiate the following interim remedial actions necessary to prevent or address an immediate threat to human health or the environment while initiating, as necessary, one or more of the tasks identified in § 245.309(c) (relating to site characterization):
(1) Remove the regulated substance from the storage tank to prevent further release to the environment.
(2) Identify, mitigate and continue to monitor and mitigate, fire, explosion and safety hazards posed by vapors and free product.
(3) Prevent further migration of the regulated substance released from the storage tank into the environment as follows:
(i) If contaminated soil exists at the site, the interim remedial action may include excavation of the soils for treatment or disposal.
(ii) If free product is present, free product recovery shall be initiated immediately.
(4) Identify and sample affected water supplies and water supplies with the potential to be affected in a reasonable and systematic manner consistent with § 245.309(b)(1) and (4) and (c)(4), (6) and (13). The responsible party shall restore or replace an affected or diminished water supply in accordance with § 245.307 (relating to affected or diminished water supplies). The responsible party shall provide a copy of the sample results to the water supply owner and the Department within 5 days of receipt of the sample results from the laboratory.
(b) At sites where free product recovery, regulated substance removal or contaminated soil excavation is performed, the responsible party shall:
(1) Conduct recovery, removal, storage, treatment and disposal activities in a manner that prevents the spread of contamination into previously uncontaminated areas.
(2) Handle flammable products in a safe and competent manner to prevent fires or explosions.
(3) Obtain required State and local permits or approvals for treatment and disposal activities.
(4) Minimize the amount of soil and subsurface material affected by a release of a regulated substance by segregating the unaffected soil and subsurface material from the material affected by a release of a regulated substance.
(c) If free product recovery affects or diminishes the quality or quantity of a water supply, the responsible party shall restore or replace the water supply in accordance with § 245.307.
(d) Where soil and subsurface material affected by a release is removed from the site, the person removing the material shall provide to the owner, operator, landowner or other responsible party a receipt documenting acceptance of the material at a permitted treatment or disposal facility.
§ 245.309. Site characterization.
(a) Upon confirming that a reportable release has occurred in accordance with § 245.304 (relating to investigation of suspected releases) or after a reportable release from a storage tank is identified in another manner, the responsible party shall perform a site characterization.
(b) The objectives of a site characterization are to accomplish the following:
(1) Determine whether additional interim remedial actions are necessary to abate an imminent hazard to human health or the environment.
(2) Determine whether additional site characterization work is required upon completion of an interim remedial action.
(3) Determine or confirm the sources of contamination.
(4) Provide sufficient physical data, through field investigations, to determine the regulated substances involved, and the extent of migration of those regulated substances in surface water, groundwater, soil or sediment.
(5) Determine, from measurements at the site, values for input parameters including hydraulic conductivity, source dimensions, hydraulic gradient, water table fluctuation and fraction organic carbon necessary for fate and transport analysis.
(6) Provide sufficient information to select a remediation standard.
(7) Provide sufficient information to allow for completion of a remedial action plan or a design for remedial action.
(c) The responsible party shall conduct the site characterization activities necessary to satisfy the objectives established in subsection (b). The site characterization shall include the following tasks, as necessary, based on the nature, extent, type, volume or complexity of the release:
(1) Identifying the need for and initiating additional interim remedial actions.
(2) Opening and sampling storage tanks to determine the regulated substances stored in the tanks.
(3) Tightness testing or other release detection testing and monitoring to determine the structural integrity of the storage tank.
(4) Identify and sample affected water supplies and water supplies with the potential to be affected not previously identified or sampled under § 245.306(a)(4) (relating to interim remedial actions). The responsible party shall restore or replace an affected or diminished water supply in accordance with § 245.307 (relating to affected or diminished water supplies). The responsible party shall provide a copy of the sample results to the water supply owner and the Department within 5 days of receipt of the sample results from the laboratory.
(5) Determining the location of the ecological receptors identified in § 250.311(a) (relating to evaluation of ecological receptors).
(6) A review of the site history.
(7) A review and analysis of data from removal from service and interim remedial action activities.
(8) Using geophysical survey techniques to locate storage tanks and to determine geologic and hydrogeologic characteristics of affected hydrogeologic zones and hydrogeologic zones with the potential to be affected.
(9) Drilling soil borings, conducting soil gas surveys and collecting soil samples to determine soil characteristics and the horizontal and vertical extent of soil contamination.
(10) Using piezometers, well points, monitoring wells and public and private wells to:
(i) Determine the direction of groundwater flow.
(ii) Determine soil, geologic, hydrogeologic and aquifer characteristics.
(iii) Measure the horizontal extent and thickness of free product.
(iv) Sample groundwater to determine the horizontal and vertical extent of groundwater contamination.
(11) A demonstration that groundwater is not used or currently planned to be used.
(12) Sampling surface water and sediments to determine the extent of surface water and sediment contamination.
(13) Assessing potential migration pathways, including sewer lines, utility lines, wells, geologic structures and hydrogeologic conditions.
(14) Performing site surveying and topographic mapping.
(15) Developing a conceptual site model that describes the sources of contamination, fate and transport of contaminants and potential receptors.
(16) Handling and disposing of site characterization wastes.
(17) Preparing and implementing a site-specific plan for the provision of the following:
(i) Worker health and safety in accordance with OSHA requirements established at 29 CFR 1910.120 (relating to hazardous waste operations and emergency response), including health and safety policies, medical monitoring, training and refresher courses, emergency and decontamination procedures, personal protective equipment and standard work practices.
(ii) The identification, management and disposition of solid, hazardous, residual and other wastes generated as part of the site characterization.
(iii) A quality assurance/quality control program for the performance of site characterization field activities and for the accurate collection, storage, retrieval, reduction, analysis and interpretation of site characterization data.
(18) An analysis of the data collected as a result of the site characterization.
(19) Selection of a remediation standard.
(20) If the site-specific standard is selected, performance of a risk assessment in accordance with Chapter 250, Subchapter F (relating to exposure and risk determinations).
(21) Recommendation of preferred remedial action options.
(22) Recommendation for further site characterization work.
(23) Developing a conceptual design of the selected remedial action options and identifying additional investigations or pilot studies needed to design and implement a detailed remedial action plan.
(24) Additional tasks necessary to characterize the site.
§ 245.310. Site characterization report.
(a) The responsible party shall prepare and submit to the Department within 180 days of reporting a reportable release under § 245.305(a) (relating to reporting releases), or within an alternative time frame as determined by the Department, two copies of a site characterization report which describes the activities undertaken in accordance with § 245.309 (relating to site characterization). The site characterization report shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:
(1) A narrative description of the site and the historical and current operations conducted at the site.
(2) A site map showing location of buildings, roads, storage tanks, including those removed from service or closed in place, utilities, property boundaries, topographic contours, potential receptors and other information pertinent to the site characterization.
(3) A description of natural and manmade features pertinent to the site characterization.
(4) Details of interim remedial actions conducted at the site in accordance with § 245.306 (relating to interim remedial actions). These details shall include the following, as necessary:
(i) A description of the type and volume of the regulated substance removed from the storage tank.
(ii) A discussion of fire, explosion and safety hazards which have been identified, mitigated and monitored.
(iii) A discussion of necessary relocation of affected residents.
(iv) Where free product recovery is performed:
(A) The regulated substance released and the thickness of free product in wells, boreholes or excavations.
(B) The type of free product recovery system used.
(C) Whether a discharge has or will take place during the recovery operation and where this discharge is or will be located.
(D) The type of treatment applied to, and the effluent quality expected from, a discharge.
(E) The steps that have been or are being taken to obtain necessary permits or approvals for a discharge.
(F) The volume and disposition of the recovered free product.
(G) The date free product recovery was initiated.
(H) The date free product recovery was completed.
(v) Where excavation of contaminated soil is performed:
(A) The regulated substance released and actual volume of soil excavated.
(B) The method used to determine the existence and extent of contaminated soil.
(C) The treatment method or disposition of the excavated soil, including receipts documenting acceptance of the material at a permitted treatment or disposal facility.
(D) The date excavation was initiated.
(E) The date excavation was completed.
(F) The rationale for terminating soil excavation where the contaminated soil has not been excavated, including the volume of contaminated soil remaining in place, and a description of what steps will be taken to address the soils that remain unexcavated.
(5) The steps that have been or are being taken to restore or replace affected or diminished water supplies.
(6) A description of the type and characteristics of regulated substances involved, including quantities, physical state, concentrations, toxicity, propensity to bioaccumulate, persistence and mobility.
(7) The results of tightness testing or other release detection method used or conducted to determine the structural integrity of the storage tanks.
(8) The details of removal from service activities conducted at the site.
(9) The identification of the sources of contamination, including the actual or estimated date and quantity of release from each source.
(10) The location and description of affected water supplies and water supplies with the potential to be affected.
(11) A description of further site characterization work needed.
(12) A discussion and conclusions that demonstrate the site characterization objectives outlined in § 245.309(b) have been satisfied.
(13) The rationale, equipment, methodology and results of geophysical surveys.
(14) The location, rationale and logs of soil borings.
(15) The location, rationale, construction details, including methods and materials, and depth to groundwater of piezometers, well points and monitoring wells.
(16) Groundwater contour maps depicting groundwater flow direction at the site.
(17) A description of methods and equipment used to determine site-specific soil, geologic, hydrogeologic and aquifer properties.
(18) Sampling locations and rationale for selection of these locations.
(19) The results of a survey used to identify and sample public and private wells.
(20) Parameters analyzed for, analytical methods used and detection limits of these methods.
(21) Field and laboratory analytical results and interpretations.
(22) Contaminant distribution maps in the media and contaminant phases.
(23) A conceptual site model describing the sources of contamination, fate and transport of contaminants and potential receptors.
(24) The disposition of site characterization wastes.
(25) A copy of site-specific plans prepared and implemented for the provision of the following:
(i) Worker health and safety in accordance with OSHA requirements established at 29 CFR 1910.120 (relating to hazardous waste operations and emergency response), including health and safety policies, medical monitoring, training and refresher courses, emergency and decontamination procedures, personal protective equipment and standard work practices.
(ii) The identification, management and disposition of solid, hazardous, residual and other wastes generated as part of the site characterization.
(iii) A quality assurance/quality control program for the performance of site characterization field activities and for the accurate collection, storage, retrieval, reduction, analysis and interpretation of site characterization data.
(26) The identification of the remediation standard which has or will be attained at the site.
(27) The Department's written determination that groundwater is not used or currently planned to be used.
(28) The impacts to ecological receptors as a result of the evaluation conducted in accordance with § 250.311 or § 250.402(d) (relating to evaluation of ecological receptors; and human health and environmental protection goals).
(29) The impacts to surface water as a result of the evaluation conducted in accordance with § 250.309 or § 250.406 (relating to MSCs for surface water; and relationship to surface water quality requirements).
(30) A discussion of the remedial action options selected to remediate the site.
(31) A risk assessment report in accordance with § 250.409 (relating to risk assessment report).
(32) A demonstration that no current or future exposure pathways exist following the procedures described in § 250.404 (relating to pathway identification and elimination).
(33) A conceptual design of the remedial action options selected.
(34) A report of additional tasks performed to characterize the site.
(b) If the responsible party determines, after completion of interim remedial actions, that further site characterization is not required, that soil is the only media of concern, and that interim remedial actions have remediated the site, the responsible party may submit a site characterization report to the Department, in lieu of the report required in subsection (a), which contains the following:
(1) A concise statement that describes the release, including information such as the amount of regulated substance that was released, the extent of contamination and interim remedial actions taken under § 245.306.
(2) Data demonstrating that the interim remedial actions have attained the Statewide health standard for the site in accordance with Chapter 250, Subchapter G (relating to demonstration of attainment).
(3) The basis for selection of the residential or nonresidential Statewide health standard.
(4) The results of the evaluation of ecological receptors conducted in accordance with § 250.311.
(5) Additional information as identified in subsection (a) necessary to fully describe the release, the extent of contamination and the interim remedial actions taken to address the release.
(c) Following submission of a complete site characterization report prepared under subsection (a), selecting the site-specific standard, or subsection (b), the Department will do one or more of the following:
(1) Review and approve the site characterization report as submitted.
(2) Review and approve the site characterization report with modifications made by the Department.
(3) Review and disapprove the site characterization report, citing deficiencies.
(4) Review and disapprove the site characterization report and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.
(5) Review and disapprove the site characterization report, perform the site characterization in whole or in part and recover, in accordance with § 245.303(b) (relating to general requirements), the Department's costs and expenses involved in performing the site characterization.
(6) Review the site characterization report without further action.
(d) The Department will take one or more of the actions listed in subsection (c) within 60 days of receipt of a site characterization report meeting the requirements of subsection (b) or within 90 days of receipt of a site characterization report selecting the site-specific standard. If the Department does not respond, in writing, within the allotted time, the report shall be deemed approved, unless the responsible party and the Department agree, in writing, to an alternative time frame.
§ 245.311. Remedial action plan.
(a) Unless a site characterization report is submitted in accordance with § 245.310(b) (relating to site characterization report), the responsible party shall prepare and submit to the Department within 45 days of submission of a site characterization report required by § 245.310(a) selecting the background or Statewide health standard, within 45 days of deemed approval or receipt of a written approval of a site characterization report selecting the site-specific standard or within an alternative time frame as determined by the Department, two copies of a remedial action plan prior to implementation of the remedial action plan. The remedial action plan shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:
(1) A brief summary of the site characterization report conclusions.
(2) A copy of the plans relating to worker health and safety, management of wastes generated and quality assurance/quality control procedures, as they relate to the remedial action, if different from the plans submitted in accordance with § 245.310(a)(27).
(3) A list of required Federal, State and local permits or approvals to conduct the remedial action.
(4) A discussion of how the remedial action will attain the selected remediation standard for the site.
(5) The results of treatability, bench scale or pilot scale studies or other data collected to support the remedial action.
(6) Design and construction details for the remedial action, including expected effectiveness.
(7) Operation and maintenance details for the remedial action, including:
(i) A schedule including initiation and completion dates for all elements of the remedial action plan.
(ii) The expected concentrations and quantities of regulated substances in any discharge.
(iii) The disposition of the discharge.
(iv) A schedule for monitoring, sampling and site inspections.
(8) A site map showing the location of buildings, roads, property boundaries, remedial equipment locations and other information pertinent to the remedial action.
(9) A description of the media and parameters to be monitored or sampled during the remedial action.
(10) A description of the analytical methods to be utilized and an appropriate reference for each.
(11) A description of the methodology that will be utilized to demonstrate attainment of the selected remediation standard.
(12) A description of proposed postremediation care requirements.
(13) A description of additional items necessary to develop the remedial action plan.
(b) Following submission of a complete remedial action plan selecting the background or Statewide health standard, the Department will do one or more of the following:
(1) Review and approve the site characterization report and remedial action plan as submitted.
(2) Review and approve the site characterization report and remedial action plan with modifications made by the Department.
(3) Review and disapprove the site characterization report and remedial action plan, citing deficiencies.
(4) Review and disapprove the site characterization report and remedial action plan and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.
(5) Review and disapprove the site characterization report and remedial action plan, prepare a remedial action plan or perform the remedial action in whole or in part, and recover, in accordance with § 245.303(b) (relating to general requirements), the Department's costs and expenses involved in preparing the remedial action plan or performing the remedial action.
(6) Review the site characterization report and remedial action plan without further action.
(c) Following submission of a complete remedial action plan selecting the site-specific standard, the Department will do one or more of the following:
(1) Review and approve the remedial action plan as submitted.
(2) Review and approve the remedial action plan with modifications made by the Department.
(3) Review and disapprove the remedial action plan, citing deficiencies.
(4) Review and disapprove the remedial action plan and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.
(5) Review and disapprove the remedial action plan, prepare a remedial action plan or perform the remedial action in whole or in part, and recover, in accordance with § 245.303(b), the Department's costs and expenses involved in preparing or performing the remedial action plan.
(6) Review the remedial action plan without further action.
(d) A remedial action plan is not required and no remedy is required if the site-specific standard is chosen and no current or future exposure pathways exist.
(e) The Department will take one or more of the actions listed in subsection (b) within 60 days of receipt of a remedial action plan to attain the background or Statewide health standard, or the Department will take one or more of the actions listed in subsection (c) within 90 days of receipt of a remedial action plan to attain the site-specific standard. If the Department does not respond, in writing, within the allotted time, the report and plan or plan shall be deemed approved, unless the responsible party and the Department agree, in writing, to an alternative time frame.
(f) If the site characterization report and remedial action plan are submitted to the Department at the same time, the Department will take one or more of the actions listed in subsection (b) within 60 days of receipt of a report and plan to attain the background or Statewide health standard, or the Department will take one or more of the actions listed in subsection (c) within 90 days of receipt of a report and plan to attain the site-specific standard. If the Department does not respond, in writing, within the allotted time, the report and plan shall be deemed approved, unless the responsible party and the Department agree, in writing, to an alternative time frame.
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