§ 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 two copies of the remedial action plan, unless directed otherwise. The remedial action plan must be submitted 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. The remedial action plan must be submitted prior to its implementation, be complete and concisely organized and contain all of 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 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)(25).
(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, including proposed activity and use limitations to be implemented under an environmental covenant.
(13) A description of additional items necessary to develop the remedial action plan.
(14) A description of any water supply that remains affected or diminished, the replacement system that was provided, the analytical results of samples taken, and any maintenance or monitoring required to ensure its functionality until the supply is no longer affected or diminished.
(b) Following submission of a complete remedial action plan selecting the background or Statewide health standard, the Department will publish an acknowledgment of receipt of the remedial action plan in the Pennsylvania Bulletin and 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) Publish a notice of its final action in the Pennsylvania Bulletin.
(c) Following submission of a complete remedial action plan selecting the site-specific standard, the Department will publish an acknowledgment of receipt of the remedial action plan in the Pennsylvania Bulletin and 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) Publish a notice of its final action in the Pennsylvania Bulletin.
(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.
Source The provisions of this § 245.311 amended November 30, 2001, effective December 1, 2001, 31 Pa.B. 6615; November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (354377) to (354378) and (384201) to (384202).
Cross References This section cited in 25 Pa. Code § 78a.66 (relating to reporting and remediating spills and releases); 25 Pa. Code § 245.312 (relating to remedial action); and 25 Pa. Code § 245.435 (relating to reporting and recordkeeping).
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