Current through Register Vol. 48, No. 38, September 20, 2024
a) The owner or
operator must prepare a semi-annual report describing the progress in selecting
a remedy and developing a corrective action plan. The semi-annual report must
be submitted to the Agency and placed in the operating record as required by
Section 845.800(d)(17).
b) Within
one year after completing the assessment of corrective measures as specified in
Section 845.660, and after completion of the public meeting in Section
845.660(d), the owner or operator of the CCR surface impoundment must submit,
in a construction permit application to the Agency, a corrective action plan
that identifies the selected remedy. This requirement applies in addition to,
not in place of, any applicable standards under any other State or federal
law.
c) The corrective action plan
must meet the following requirements:
1) Be
based on the results of the corrective measures assessment conducted under
Section 845.660;
2) Identify a
selected remedy that, at a minimum, meets the standards listed in subsection
(d);
3) Contain the corrective
action alternatives analysis specified in subsection (e); and
4) Contain proposed schedules for
implementation, including an analysis of the factors in subsection
(f);
d) The selected
remedy in the corrective action plan must:
1)
Be protective of human health and the environment;
2) Attain the groundwater protection
standards specified in Section 845.600;
3) Control the sources of releases to reduce
or eliminate, to the maximum extent feasible, further releases of constituents
listed in Section 845.600 into the environment;
4) Remove from the environment as much of the
contaminated material that was released from the CCR surface impoundment as is
feasible, taking into account factors such as avoiding inappropriate
disturbance of sensitive ecosystems; and
5) Comply with standards for management of
wastes as specified in Section 845.680(d).
e) Corrective Action Alternatives Analysis.
In selecting a remedy that meets the standards of subsection (d), the owner or
operator of the CCR surface impoundment must consider the following evaluation
factors:
1) The long- and short-term
effectiveness and protectiveness of each potential remedy, along with the
degree of certainty that the remedy will prove successful based on
consideration of the following:
A) Magnitude
of reduction of existing risks;
B)
Magnitude of residual risks in terms of likelihood of further releases due to
CCR remaining following implementation of a remedy;
C) The type and degree of long-term
management required, including monitoring, operation, and
maintenance;
D) Short-term risks
that might be posed to the community or the environment during implementation
of a remedy, including potential threats to human health and the environment
associated with excavation, transportation, and re-disposal of
contaminants;
E) Time until
groundwater protection standards in Section 845.600 are achieved;
F) The potential for exposure of humans and
environmental receptors to remaining wastes, considering the potential threat
to human health and the environment associated with excavation, transportation,
re-disposal, containment, or changes in groundwater flow;
G) The long-term reliability of the
engineering and institutional controls, including an analysis of any off-site,
nearby destabilizing activities; and
H) Potential need for replacement of the
remedy.
2) The
effectiveness of the remedy in controlling the source to reduce further
releases based on consideration of each of the following potential factors:
A) The extent to which containment practices
will reduce further releases; and
B) The extent to which treatment technologies
may be used.
3) The ease
or difficulty of implementing each potential remedy based on consideration of
the following types of factors:
A) Degree of
difficulty associated with constructing the technology;
B) Expected operational reliability of the
technologies;
C) Need to coordinate
with and obtain necessary approvals and permits from other agencies;
D) Availability of necessary equipment and
specialists; and
E) Available
capacity and location of needed treatment, storage, and disposal
services.
4) The degree
to which community concerns are addressed by each potential remedy.
f) The owner or operator must
specify, as part of the corrective action plan, a schedule for implementing of,
and completing, remedial activities. The schedule must require the completion
of remedial activities within a reasonable time, taking into consideration the
factors in this subsection (f). The owner or operator of the CCR surface
impoundment must consider the following factors in determining the schedule of
remedial activities:
1) Extent and nature of
contamination, as determined by the characterization required under Section
845.650(d);
2) Reasonable
probabilities of remedial technologies achieving compliance with the
groundwater protection standards established by Section 845.600 and other
objectives of the remedy;
3)
Availability of treatment or disposal capacity for CCR managed during
implementation of the remedy;
4)
Potential risks to human health and the environment from exposure to
contamination before completion of the remedy;
5) Resource value of the aquifer, including:
A) Current and future uses, including
potential residential, agricultural, commercial industrial and ecological
uses;
B) Proximity and withdrawal
rate of users;
C) Groundwater
quantity and quality;
D) The
potential impact to the subsurface ecosystem, wildlife, other natural
resources, crops, vegetation, and physical structures caused by exposure to CCR
constituents;
E) The hydrogeologic
characteristic of the facility and surrounding land; and
F) The availability of alternative water
supplies; and
6) Other
relevant factors.
