Tenn. Comp. R. & Regs. 0400-15-01-.09

Current through October 22, 2024

Section 0400-15-01-.09 - REMEDIAL INVESTIGATION AND FEASIBILITY STUDY

(1) Purpose and Scope

The purpose of a remedial investigation and feasibility study (RI/FS) is to investigate, collect, develop and evaluate the required information regarding a site to support the selection of a remedy that protects human health, public welfare and the environment. The scope of the RI/FS is site specific and will depend on the amount and quality of available information. As new information becomes available, the scope may be reevaluated and, if appropriate, modified. Remedial Investigations and Feasibility Studies conducted pursuant to the requirements of CERCLA at 40 C.F.R. 300 will be deemed to meet the requirements of this rule.

(2) Remedial Investigation

(a) Initial Investigation

Initial planning of the RI process is required. Many of the initial planning steps are continued and refined in later phases of the RI. The plans in this rule shall be submitted to the Department by the responsible parties for review and approval prior to the implementation of the Site Characterization.

1. All pertinent data for the site shall be collected and analyzed. At a minimum, the following shall be included, or as otherwise determined by the Department.

(i) A site description including location, size, ownership, topography, geology, hydrogeology, ecology and other pertinent details. Deed descriptions and tax assessment property maps shall also be included for all parcels potentially contaminated by the site.

(ii) A site history, chronologically arranged, including site visits, investigations, disposal practices, sampling events, legal actions, regulatory violations, changes in ownership and previous clean-up actions.

(iii) All known and suspected sources of hazardous substances, potential routes of migration, and potential human and environmental concerns shall be identified.

2. Preliminary Remediation Goals

An initial survey shall be performed by the responsible parties of all Background contaminant levels and Applicable or Relevant and Appropriate Requirements (ARAR's) for the media of concern. ARAR requirements and Background requirements are detailed in paragraphs (3) and (4) of Rule 0400-15-01-.08 respectively.

3. RI Workplan

The workplan is a written document that summarizes the decisions and evaluations made during the data gathering phase and presents proposed activities, assigned responsibilities, project's schedule, and cost. The RI workplan shall be implemented by the responsible parties as approved by the Department unless the Department approves modification of the plan. The workplan shall contain but not be limited to the following, or as determined by the Department:

(i) Introduction

A general explanation of the reasons for the RI and the expected results and goals of the RI process.

(ii) Physical setting

The current understanding of the physical setting of the site, the site history, and the existing information of the condition of the site shall be described.

(iii) Initial evaluation

The information developed is presented, describing the potential migration and exposure pathways, and assessment of human health and environmental impacts.

(iv) Workplan rationale

Data requirements for the risk assessment, alternatives identified, and the workplan approach is presented to illustrate how the activities will satisfy data needs.

(v) RI tasks

The tasks to be performed during the RI are to be described. This description shall incorporate the RI site characterization tasks and the data evaluation methods to be used.

4. Health and Safety Plan

Before performing site activities a health and safety plan which complies with OSHA requirements shall be prepared and submitted by the responsible party(ies).

5. Sampling and Analysis Plan

A sampling and analysis plan shall be prepared by the responsible party for sampling activities which are part of the investigation and remedial action. The level of detail required in the sampling and analysis plan may vary with the scope and purpose of the sampling activity. The Sampling and Analysis plan shall be implemented as approved by the Department, unless the Department approves modification of the plan. The sampling and analysis plan shall specify procedures which ensure that sample collection, handling, and analysis will result in data of sufficient quality to plan and evaluate remedial actions at the site. References to standard protocols or procedures manuals may be used provided that the information referenced is readily available to the Department. The sampling and analysis plan shall contain but not be limited to the following, or as otherwise determined by the Department:

(i) A statement on the purpose and objectives of the data collection, including quality assurance and quality control requirements.

(ii) Procedures and responsibilities for the sampling and analysis activities.

(iii) Identification and justification of the location and frequency of sampling.

(iv) Identification and justification of the parameters to be analyzed.

(v) Procedures for installation of the sampling devices.

(vi) Procedures for sample collection and handling, including procedures for personnel and equipment decontamination.

(vii) Procedures, protective of human health and the environment, for the management of wastes generated by sampling activities, including installation of monitoring devices.

(viii) Description and number of quality assurance and quality control samples, including blanks and spikes.

(ix) Protocols for sampling, labeling and chain of custody.

(x) Provisions for splitting samples, where appropriate.

(xi) Reporting of detection or quantification limits.

(xii) Analytical techniques and procedures.

(xiii) Quality assurance and quality control procedures.

(xiv) Data reporting procedures, and where appropriate, validation procedures.

(xv) Other items specified by the project manager.

(xvi) Design specifications of monitoring well construction if monitoring wells are to be constructed.

(b) Site Characterization

A site characterization is an investigation conducted by the responsible party that identifies and documents the extent of contamination. Based on the findings of the Initial Investigation, the site characterization investigations shall focus on potentially contaminated media, potential routes of migration, and potential human health and environmental concerns. Such investigations will include as appropriate, the following:

1. Surface Water and Sediments

Investigate the surface water and sediments to characterize significant hydrologic features such as surface drainage patterns and quantities; areas of erosion and sediment deposition; floodplains; and actual or potential hazardous substances migration routes toward and within these features. Sufficient surface water and sediment sampling shall be performed to adequately characterize the areal and vertical extent and concentrations of hazardous substances. Properties of surface and subsurface sediments which are likely to influence the type and rate of migration shall be identified.

2. Soils and Bedrock

Investigate the areal and vertical distribution and concentration of hazardous substances in the soil. Identify properties of surface and subsurface soils which are likely to influence the type and rate of hazardous substance migration. Determine if the site is underlain by bedrock and if so, determine the type of bedrock underlaying the area of contamination. Evaluate the potential for hazardous substance migration at the soil-bedrock contact and below the top of bedrock along bedding planes, joints, faults and solutionally enlarged features.

3. Groundwater System

Investigate site geology and concentrations of hazardous substances in the groundwater, the physical and chemical characteristics of the hazardous substance, potential future uses of the ground water, the persistence and permanence of the contaminant. This shall include, but not be limited to, the description, physical properties and distribution of bedrock and unconsolidated materials; groundwater flow rate and gradient for affected and potentially affected aquifers; ground-water divides; areas of groundwater recharge and discharge; location of public and private production wells; and groundwater quality data. In karst terrains, the Department may require additional investigative techniques to determine groundwater flow and the extent of contamination. If site contamination is shown to be limited to the soils, a site specific decision will be made by the Department concerning ground water monitoring.

4. Air

Evaluate air quality impacts, including sampling, and information regarding local and regional climatological characteristics which are likely to affect the hazardous substance migration.

5. Human Population and Land Use

Determine the impact or potential impact of the hazardous substance on the human population and land use, such as sensitive environments, plant and animal species, and number of people in the area.

6. Nature and Extent of Contamination

Define the location, quantity, concentration, and areal and vertical extent of the hazardous substance at the site.

(c) Interim actions

At anytime during the RI/FS, an interim action may be required.

1. Purpose

The purpose of this rule is to describe how certain interim actions can occur prior to completion of a remedial action. An interim action is:

(i) An action that is necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways of exposure from a hazardous substance; or

(ii) An action that corrects a problem that may become substantially worse or cost substantially more to address if the action is delayed; or

(iii) An action that is needed to provide for completion of the remedial investigation and feasibility study or design of a cleanup action; or

(iv) An action that achieves the remediation goals for a portion of the site; or

(v) An action that provides a partial cleanup, and provides information on how to achieve the remediation goals; or

(vi) An action that is consistent with the final cleanup action; or

(vii) An action that is followed by additional remedial actions unless compliance with the remediation goals has been confirmed at the site.

2. Public notification

Public notice may be required on an interim action as directed by the Department.

3. Submittal requirements

Unless otherwise directed by the Department, a report shall be submitted prior to conducting an interim action. Reports shall be of a scope and detail commensurate with the work to be performed and site-specific characteristics, and shall include, as appropriate:

(i) The necessity for the action.

(ii) A description of the interim action and how it will be accomplished.

(iii) A description of existing site conditions and a summary of all available data related to the interim action.

(iv) A health and safety plan.

(v) A sampling and analysis plan.

(3) Feasibility Study

An evaluation of alternative cleanup actions that protect human health and the environment, by reducing or otherwise controlling risks posed through each exposure pathway and migration route, shall be conducted by the responsible party. The number and types of alternatives to be evaluated shall take into account the characteristics and complexity of the site. A phased approach for evaluation of alternatives may be required for certain sites, including an initial screening of alternatives to reduce the number of potential remedies for the final detailed evaluation. The final evaluation of cleanup action alternatives that pass the initial screening shall consider the following factors:

(a) Overall protection of human health and the environment, including the degree to which existing risks are reduced, time required to reduce risks, and on-site and off-site risks resulting from implementing the alternative. The Department will determine the need for remediation based upon a human health and environmental risk assessment. Such an assessment shall include a consideration of the potential for human populations and sensitive ecosystems to be exposed to the hazardous materials of concern.

(b) Attainment of the remediation goals and compliance with applicable state and federal laws.

(c) Short-term effectiveness, including protection of human health and the environment during construction and implementation of the alternative prior to attainment of the remediation goals.

(d) Long-term effectiveness, including degree of certainty that the alternative will be successful, long-term reliability, magnitude of residual risks, and effectiveness of controls required to manage treatment residues of remaining waste.

(e) Permanent reduction of toxicity, mobility and volume through treatment, including adequacy of the alternative in treating and managing the hazardous materials, reduction and elimination of hazardous material releases, sources of releases, degree of irreversibility of waste treatment process, and the characteristics and quantity of treatment residuals generated.

(f) The ability to be implemented including consideration of whether the alternative is technically feasible, availability of needed off-site facilities, services and materials, administrative and regulatory requirements, scheduling, size, complexity, monitoring requirements, access for construction, operations and monitoring, and integration with existing facility operations and other current or potential remedial actions.

(g) Cost, including consideration of present and future direct and indirect capital, operation, maintenance and other foreseeable costs.

(h) The degree to which community concerns are addressed.

(i) The degree to which recycling, residue, and waste minimization are employed.

(4) Reporting Requirements

A report consistent with paragraphs (2) and (3) of this rule shall be prepared and submitted to the Department by the responsible party for review and approval at the completion of the RI/FS. Additionally, the Department may require reports to be submitted following discrete elements of the remedial investigation and feasibility study. The report shall systematically summarize all information gathered during the RI/FS phase and shall include all sampling data, tables, graphs, and other information requested by the Department.

Tenn. Comp. R. & Regs. 0400-15-01-.09

Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.