Okla. Admin. Code § 252:221-3-3

Current through Vol. 41, No. 19, June 17, 2024

Section 252:221-3-3 - Proposal

The participant shall develop a Proposal in accordance with 27A O.S. § 2-15-105 and the rules in this Chapter and shall propose either a remedial option or a request for a no action necessary determination. DEQ and the participant shall consider the history of the site and surrounding area in determining the type of sampling and analysis to be conducted and risk- based decision making.

(1)Site characterization. In addition to the requirements of 27A O.S. § 2-15-105, the participant shall submit a work plan for site characterization, which includes a plan to control the quality of the data generated for the project commensurate with the complexity of the site, a discussion of existing data, the data gaps, a sampling plan to delineate areas of contamination, and a contaminant and site-specific plan to protect worker and public health and safety during site work.

(2)Previously acquired data. The participant may submit previously generated data, if appropriate, with corresponding Quality Assurance/Quality Control documentation. Temporal issues will be considered on a site by site basis. The DEQ may consider this information in determining the appropriateness of further investigation of the site.

(A) The DEQ may require verification sampling to validate the information submitted.

(B) If the information submitted does not fully address the requirements of the Brownfield program, the participant shall collect additional data as required by the DEQ.

(C) The DEQ may require additional analytes, at its discretion.

(3)Future use. The participant shall identify the future use of the contaminated property. If the future use of the site is other than "unrestricted use", the Proposal must include a plan for the implementation and maintenance of engineering and institutional controls and a plan for long term stewardship.

(4)Risk evaluation. On a site specific basis, the participant shall identify and evaluate all potential receptors and exposure pathways. If the proposal claims that an exposure pathway is not complete and therefore no receptor is threatened, specific information must be provided that documents and supports the claim.

(5)Risk-based cleanup levels. Using risk evaluation methodology approved by the DEQ, the participant shall:

(A) compare site contaminant levels to published screening levels approved by the DEQ;

(B) calculate a default risk-based cleanup level in accordance with DEQ guidance; or

(C) conduct a risk assessment of the contaminated property to produce site-specific risk- based cleanup levels. DEQ must approve the model and input parameters used in any risk assessment.

(6)Remedial option evaluation. The participant shall identify alternatives for remediation and shall submit narrative information which discusses each alternative's risk-based cleanup levels, protectiveness, economic feasibility, technical feasibility, and reliability of each remedial alternative considered. Additionally, the participant shall include a discussion of engineering and institutional controls needed for each option to maintain the remedy and control the use of the property in the future. Examples of specific institutional controls must be included in the Proposal for evaluation unless the future use is "unrestricted use".

(7)Preferred option. The participant shall identify its preferred option.

(8)No Action Determination. A request for a no action determination does not require a remedial option evaluation as described in subsection (f) above.

(9)Submittal. The Proposal must be written in plain language, with technical terms defined. The participant shall submit one paper copy and one electronic copy, as instructed by the DEQ, of the Proposal to the DEQ for review and comment.

Okla. Admin. Code § 252:221-3-3

Added at 28 Ok Reg 89, eff 9-17-10 (emergency); Added at 28 Ok Reg 649, eff 7-1-11

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022