310 Mass. Reg. 40.0861

Current through Register 1523, June 7, 2024
Section 40.0861 - Remedial Action Plan
(1) The results of a Phase III evaluation shall be documented in a Remedial Action Plan. The Remedial Action Plan shall support the selection of the Comprehensive Remedial Alternative by providing information of sufficient detail on the process by which the recommended Comprehensive Remedial Alternative was developed and evaluated.
(2) A Remedial Action Plan shall contain:
(a) a narrative of the disposal site Conceptual Site Model, updated as necessary, incorporating as appropriate, relevant maps, graphs, and data tables;
(b) a description of all remedial alternatives initially identified and the results of the initial screening;
(c) where a detailed evaluation is required, a discussion of how the remedial alternatives remaining after initial screening compared with respect to each of the detailed criteria described in 310 CMR 40.0858, and how the criteria were weighted in the evaluation;
(d) justification for the selection of the proposed Comprehensive Remedial Alternative with respect to its anticipated effectiveness and relative to all other evaluated alternatives, including a discussion of the results of any bench-scale tests or pilot studies performed as part of an evaluation of the effectiveness of an alternative;
(e) where required, the results of the evaluation under 310 CMR 40.0860 of whether the implementation of a Permanent or Temporary Solution is feasible;
(f) if a Permanent Solution is selected as the Comprehensive Remedial Alternative:
1. a discussion of how the alternative is likely to achieve a level of No Significant Risk and the projected timeframe, based on available information, for meeting the requirements for a Permanent Solution as specified in 310 CMR 40.1000;
2. the results of the evaluation under 310 CMR 40.0860 of the feasibility of reducing the concentrations of oil and hazardous material in the environment at the disposal site to levels that achieve or approach background, unless the Remedial Action Plan otherwise includes a demonstration that the selected alternative is designed to achieve background;
(g) if a Temporary Solution is selected as the Comprehensive Remedial Alternative:
1. a discussion of how the alternative is likely to eliminate any substantial hazards posed by the disposal site until a Permanent Solution is implemented;
2. a discussion of and support for the conclusion as to whether achievement of a Permanent Solution is currently feasible; and
3. a plan and projected timeframe, based on available information, for meeting and maintaining the requirements for a Temporary Solution as specified in 310 CMR 40.1000, and, if the achievement of a Permanent Solution is currently feasible, for the achievement of a Permanent Solution;
(h) if a Temporary Solution is selected as the Comprehensive Remedial Alternative and a Permanent Solution is not currently feasible, except for those Temporary Solutions achieved after a Downgradient Property Status Submittal has been provided to the Department in accordance with 310 CMR 40.0180, a plan of definitive and enterprising steps to identify and develop an alternative that is a likely Permanent Solution and a schedule for the implementation of such steps that may include, but are not limited to:
1. performing pilot tests or bench-scale studies;
2. investigating innovative ways to reduce the costs or the risks of implementing a specific alternative;
3. developing new technologies;
4. overcoming other obstacles that make the current implementation of a Permanent Solution infeasible; and
(i) a projected schedule for implementation of Phase IV activities, if applicable, pursuant to 310 CMR 40.0870 consistent with the projected timeframe for achievement of a Permanent or Temporary Solution, as applicable.

310 CMR 40.0861

Amended by Mass Register Issue 1503, eff. 3/1/2024.
Amended by Mass Register Issue S1516, eff. 3/1/2024.