Current through Register Vol. 50, No. 9, September 20, 2024
A. Voluntary
Remedial Investigation Applications. Prior to performing a remedial
investigation and submission of the application in Subsection B of this
Section, the applicant may submit a voluntary remedial investigation
application for review and approval by the administrative authority, which
consists of the following:
1. a voluntary
remedial investigation application Form VCP001, available from the Office of
Environmental Assessment and on the department's website, with required
attachments, accompanied by the remedial investigation work plan review fee;
and
2. a remedial investigation
work plan, which shall conform to the site investigation requirements of RECAP
and, at a minimum, include the following:
a.
identification of all data needs following the review of existing preliminary
evaluation reports and other existing data;
b. identification of all potential exposure
pathways/receptors and associated data needs;
c. identification of all potentially
applicable, relevant, and appropriate requirements (ARARs) and associated data
needs;
d. a site-specific health
and safety plan including necessary training, procedures, and
requirements;
e. a site-specific
sampling and analysis plan that includes the number, type, and location of all
samples to be taken and the types of analyses to be conducted during the
required site characterization activities; and
f. a quality assurance/quality control plan
that identifies the quality assurance objectives and the quality control
procedures necessary to obtain data of a sufficient quality for the remedial
investigation.
B. Voluntary Remediation Applications. Prior
to implementation of a voluntary remedial action at a site, applicants must
submit a voluntary remediation application to the Office of Environmental
Assessment for review and final approval. The application shall consist of the
following:
1. a voluntary remediation
application Form VCP002, available from the Office of Environmental Assessment
and on the department's website, with required attachments, accompanied by the
remedial action plan review fee;
2.
a voluntary remedial action plan that contains a remedial investigation report,
a remedial design, and a remedial project plan;
3. the remedial investigation report, which
shall, at a minimum, include:
a. the scope
and description of the investigation;
b. a site background summary;
c. sampling and analysis results;
d. identification of the sources of the
release;
e. identification of the
horizontal and vertical extent of the contamination;
f. proposed remedial action goals;
and
g. conclusions and
recommendations for further action; and
4. t he remedial design, which shall
implement the remedy that is being proposed in order to attain the remedial
action goals. The remedial project plan shall include all tasks,
specifications, and subplans necessary for the implementation of the remedial
design, including construction and operation of the final remedy. The
requirements for the remedial project plan include:
a. a work plan, including:
i. a general description of the work to be
performed and a summary of the engineering design criteria;
ii. maps showing the general location of the
site and the existing conditions of the facility;
iii. a copy of any required permits and
approvals;
iv. detailed plans and
procedural material specifications necessary for the construction of the
remedy;
v. specific quality control
tests to be performed to document the construction, including specifications
for the testing or reference to specific testing methods, frequency of testing,
acceptable results, and other documentation methods as required by the
administrative authority;
vi.
start-up procedures and criteria to demonstrate the remedy is prepared for
routine operation; and
vii.
additional information to address ARARs;
b. a sampling and analysis plan;
c. a quality assurance/quality control
plan;
d. a site-specific health and
safety plan;
e. a project
implementation schedule;
f. if
deemed necessary by the administrative authority, an operation and maintenance
plan for post-remedial management including, but not limited to:
i. the name, telephone number, and address of
the person responsible for the operation and maintenance of the site;
ii. a description of all operation and
maintenance tasks and specifications;
iii. all design and construction
plans;
iv. any applicable equipment
diagrams, specifications, and manufacturer's guidelines;
v. an operation and maintenance
schedule;
vi. a list of spare parts
available at the site for repairs;
vii. a site-specific health and safety plan;
and
viii. other information that
may be requested by the administrative authority;
g. if deemed necessary by the administrative
authority, a monitoring plan for post-remedial management. This monitoring plan
must include a description of provisions for monitoring of site conditions
during the post-remedial management period to prevent further endangerment to
human health and the environment, including:
i. the location of monitoring
points;
ii. the environmental media
to be monitored;
iii. the hazardous
substances to be monitored and the basis for their selection;
iv. a monitoring schedule;
v. monitoring methodologies to be used
(including sample collection procedures and laboratory methodology);
vi. provisions for quality assurance and
quality control;
vii. data
presentation and evaluation methods;
viii. a contingency plan to address
ineffective monitoring; and
ix.
provisions for reporting to the department on a semiannual basis including, at
a minimum:
(a).the findings from the previous
six months;
(b). an explanation of
any anomalous or unexpected results;
(c). an explanation of any results that are
not in compliance with the RECAP standards; and
(d). proposals for corrective action;
and
h. other
information that may be required by the administrative authority. The
department may allow information to be incorporated by reference to avoid
unnecessary duplication.
C. Acceptance for Public Review
1. After a satisfactory review of the
voluntary remediation application and the incorporation of necessary
modifications required by the administrative authority into the application,
the administrative authority will accept the application for public
review.
2. After the application is
accepted for public review and before the beginning of the public comment
period provided in Subsections D and F of this Section, the applicant shall
provide the number of copies of the accepted application specified by the
administrative authority to the Office of Environmental Assessment.
3. The applicant shall also place copies of
the accepted application in local public facilities, to be determined by the
administrative authority (e.g., public library, local government office), near
the voluntary remediation site.
D. Public Notice. Upon acceptance of the
voluntary remediation application, as set forth in Subsection C of this
Section, the applicant must place a public notice of the proposed voluntary
remedial action plan in the local newspaper of general circulation in the
parish where the voluntary remediation site is located. The public notice shall
be a single classified advertisement at least 4 inches by 6 inches in size in
the legal or public notices section. The applicant must provide proof of
publication of the notice to the Office of Environmental Assessment prior to
final approval of the plan. The public notice shall:
1. solicit comments, for a minimum of 30
days, on the voluntary remedial action plan from interested parties;
2. provide the names of all of the applicants
and the physical location of the voluntary remediation site;
3. indicate that comments shall be submitted
to the Office of Environmental Assessment (including the contact person,
mailing address, and physical address), as well as indicate the deadline for
submission of comments;
4. indicate
where copies of the proposed plan can be reviewed by the public; and
5. inform interested parties that they may
request a public hearing on the voluntary remedial action plan.
E. Direct Notice to Landowners.
Within five days of the public notice in Subsection D of this Section, the
applicant must send a direct written notice of the voluntary remedial action
plan to persons owning immovable property contiguous to the voluntary
remediation site. This notice shall be sent to persons listed as owners of the
property on the rolls of the parish tax assessor as of the date on which the
voluntary remediation application is submitted. The notice must be sent by
certified mail and contain the same information that is provided in the public
notice. Return receipts or other evidence of the receipt or attempted delivery
of the direct notice must be provided to the Office of Environmental Assessment
prior to final approval of the plan.
F. Public Hearing and Comment
1. Comments on the voluntary remedial action
plan shall be accepted by the Office of Environmental Assessment for a period
of 30 days after the date of the public notice and shall be fully considered by
the administrative authority prior to final approval of the plan. However, if
the administrative authority determines a shorter or longer comment period is
warranted, the administrative authority may provide for a shorter or longer
comment period in the public notice described in Paragraph D.1 of this Section.
Also, the comment period provided in the public notice may be extended by the
administrative authority if the administrative authority determines such an
extension is warranted.
2. A public
hearing may be held if the administrative authority determines a hearing is
necessary based on public comments or other information.
3. The applicant shall be responsible for the
actual costs of any such public hearing including, but not limited to, the
costs of building rental, security, court reporter, and hearing
officer.
G. Prior to
final approval of the voluntary remediation application, the administrative
authority may require further modifications of the proposed plan if warranted
based on issues brought forth by the public.
H. Upon final approval of the voluntary
remediation application, the administrative authority may include in the
approval an acknowledgement that, upon certification of completion of the
remedial actions, the applicant shall receive the exemption from liability
provided for in this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et seq., and in particular
R.S.
30:2285 et
seq.
