Current through Register 1531, September 27, 2024
(1) Unless
otherwise specified in writing by the Department, a person conducting Immediate
Response Actions shall submit a written Status Report to the Department 120
days after the date on which that person first communicated to the Department
his or her intention to conduct that Immediate Response Action.
(2) Except as provided in 310 CMR 40.0425(5),
following submission of the first such Status Report, additional Status Reports
shall be submitted to the Department every six months thereafter, until such
time as an Immediate Response Action Completion Report is submitted to the
Department, as described in
310
CMR 40.0427. Each Status Report shall
document Immediate Response Action activities occurring over the period of time
since the previously submitted Status Report.
(3) Immediate Response Action Status Reports
shall contain, at a minimum, the following information:
(a) the status of assessment and/or remedial
actions;
(b) any significant new
site information or data;
(c)
details of and/or plans for the management of Remediation Waste, Remedial
Wastewater and/or Remedial Additives;
(d) any other information required by the
Department in its approval of the Immediate Response Action Plan; and
(e) an LSP Opinion as to whether the
Immediate Response Action is being conducted in conformance with the Immediate
Response Action Plan and any conditions of approval established by the
Department.
(4) Status
Reports shall not be required for sites where an Immediate Response Action
Completion Report or a Permanent Solution Statement is received by the
Department prior to the date on which the first Status Report is required
pursuant to 310 CMR 40.0425(1).
(5)
Where Immediate Response Actions are being undertaken solely to eliminate,
mitigate, or prevent a Critical Exposure Pathway that does not pose an Imminent
Hazard with the use of an Active Exposure Pathway Mitigation Measure, Status
Reports shall be submitted to the Department as follows:
(a) Status Reports shall be submitted at the
frequency specified in 310 CMR 40.0425(2) unless and until a Status Report
containing the following information is submitted:
1. Results of sampling demonstrating the
Active Exposure Pathway Mitigation Measure is effectively maintaining, at a
minimum, a condition of No Significant Risk for the Receptors of
concern;
2. A listing of the
specific system conditions, operating parameters, and/or maintenance necessary
for ensuring the ongoing effectiveness of the Active Exposure Pathway
Mitigation Measure in maintaining a condition of No Significant Risk for the
Receptors of concern;
3. A
description of a monitoring program designed to ensure the ongoing
effectiveness of the Active Exposure Pathway Mitigation Measure in maintaining
a condition of No Significant Risk for the Receptors of concern; and
4. An LSP Opinion supporting a reduced
reporting schedule pursuant to 310 CMR 40.0425(5)(b) as being adequate to
document the ongoing Immediate Response Actions.
(b) Once the IRA Status Report outlined in
310 CMR 40.0425(5)(a) has been submitted, the frequency at which IRA Status
Reports shall be submitted to the Department may be reduced to annually
thereafter, until such time as an IRA Completion Report is submitted to the
Department, as outlined in
310
CMR 40.0427.
(c) Notwithstanding the provisions of 310 CMR
40.0425(5), any person conducting response actions pursuant to this section
that rely on an Active Exposure Pathway Mitigation Measure, who has knowledge
of the failure of the Measure to effectively maintain a condition of No
Significant Risk and/or the need to substantially modify such Measure, shall
provide a modified IRA Plan to the Department pursuant to
310
CMR 40.0424(2) within 30
days of obtaining such knowledge. Such IRA Plan shall include plans and a
timetable to correct failures and/or to implement modifications.
(d) Notwithstanding any provision to the
contrary, the Department may establish Interim Deadlines and alternate
schedules for the submission of Status Reports for IRAs addressing Critical
Exposure Pathways.
(6)
Immediate Response Action Status Reports shall be submitted to the Department
using a transmittal form established by the Department for such
purposes.
(7) For a disposal site
where Active Operation and Maintenance of a remedial action is being conducted
as part of an Immediate Response Action, in addition to and/or in conjunction
with the submittal of IRA Status Reports, a Remedial Monitoring Report shall be
submitted to the Department on a form established by the Department for such
purposes at the following frequency:
(a)
except as provided in 310 CMR 40.0425(7)(c), when an Immediate Response Action
includes Active Operation and Maintenance of a remedial action to address an
Imminent Hazard or Condition of Substantial Release Migration, with the first
IRA Status Report and monthly thereafter. In such cases where Active Operation
and Maintenance of a remedial action is initiated after the submittal of the
first IRA Status Report, the initial Remedial Monitoring Report shall be
submitted on the monthly anniversary of the submittal of the first IRA Status
Report;
(b) except as provided in
310 CMR 40.0425(7)(c), when an Immediate Response Action includes Active
Operation and Maintenance of a remedial action to address conditions that do
not pose an Imminent Hazard or Condition of Substantial Release Migration, with
the first IRA Status Report and every six months thereafter. In such cases
where Active Operation and Maintenance of a remedial action is initiated after
the submittal of the first IRA Status Report, the initial Remedial Monitoring
Report shall be submitted on the next six-month anniversary of the submittal of
the first IRA Status Report.
(c)
where IRA Status Reports are submitted annually pursuant to 310 CMR
40.0425(5)(b), Remedial Monitoring Reports shall be submitted with the annual
IRA Status Reports.
(d)
Notwithstanding any provision to the contrary, the Department may establish
Interim Deadlines and alternate schedules for the submission of Remedial
Monitoring Reports.
