Current through Register 1531, September 27, 2024
(1) An Immediate Response Action shall be
considered complete when the release, threat of release and/or site conditions
which give rise to the need for that Immediate Response Action, as described in
310
CMR 40.0412, have been assessed and, where
necessary, remediated in a manner and to a degree that will ensure, at a
minimum:
(a) the accomplishment of any
necessary stabilization of site conditions;
(b) the elimination or control of any
Imminent Hazards to health, safety, public welfare and the environment, without
the continued operation and maintenance of Active Remedial Systems or Active
Exposure Pathway Mitigation Measures or the incorporation of ongoing response
actions to eliminate or control the Imminent Hazard into the Phase IV Remedy
Implementation Plan for the disposal site; and
(c) the completion of time-critical measures
addressing the elimination, prevention or mitigation of Critical Exposure
Pathway(s) as documented with an LSP Opinion concluding that:
1. the Critical Exposure Pathway(s) have been
eliminated using passive measures;
2. a feasibility study, as specified at
310
CMR 40.0414(3) and (4),
supports the conclusion that it is not feasible to eliminate, prevent, or
mitigate the Critical Exposure Pathway(s);
3. a feasibility study, conducted as part of
a Phase III evaluation of Comprehensive Remedial Alternatives as specified in
310
CMR 40.0860, supports the conclusion that it
is not feasible to eliminate, prevent, or mitigate the Critical Exposure
Pathway(s) as part of the Comprehensive Remedial Alternative; or
4. mitigation of Critical Exposure Pathway(s)
is continuing by incorporation of ongoing response actions to address the
Critical Exposure Pathway(s) into the Phase IV Remedy Implementation Plan for
the disposal site.
(2) Except as specified in 310 CMR
40.0427(3), an Immediate Response Action Completion Report shall be submitted
to the Department within 60 days of completion of all assessment, containment
and/or removal actions conducted as part of the Immediate Response
Action.
(3) An Immediate Response
Action Completion Report shall not be required for sites where a Permanent
Solution Statement, as described in
310
CMR 40.1000, is submitted to the Department
by an RP, PRP, or Other Person within 120 days of first informing the
Department of the need to conduct an Immediate Response Action at the site, as
specified in
310
CMR 40.0420(3).
(4) Immediate Response Action Completion
Reports shall contain, at a minimum, the following:
(a) a description of the release or threat of
release, site conditions and surrounding receptors;
(b) a description of the work completed,
including work undertaken in response to any conditions of approval imposed by
the Department, and any work undertaken at the site that was not included in
the scope of the Immediate Response Action Plan, where submitted;
(c) all investigatory and monitoring data
obtained during the implementation of the Immediate Response Action;
(d) a succinct statement on the findings and
conclusions of the Immediate Response Action;
(e) details and documentation on the
management of any Remediation Waste, Remedial Wastewater and/or Remedial
Additives managed at the site as part of the Immediate Response
Action;
(f) a description of any
ongoing activities related to the Immediate Response Action that will be
conducted at the site, including monitoring activities, security measures and
the maintenance of fences, caps and other passive systems; and
(g) a description of any ongoing activities
related to the Immediate Response Action that will be conducted at the site as
part of Comprehensive Response Actions.
(5) Immediate Response Action Completion
Reports shall be submitted to the Department appended to a Completion Statement
form established by the Department for such purposes. The Completion Statement
form shall contain:
(a) except as exempted
pursuant to
310
CMR 40.0411(2), an LSP
Opinion on whether the Immediate Response Action was conducted in accordance
with 310 CMR 40.0410, any approval
conditions specified by the Department, and, where submitted, the Immediate
Response Action Plan(s); and
(b)
the certification of the submittal required by
310
CMR 40.0009.
(6) Except as provided in 310 CMR 40.0427(7),
an Immediate Response Action shall not be considered complete until all
stockpiled/stored Remediation Waste generated as a result of the Immediate
Response Action is removed from the site pursuant to the provisions of
310
CMR 40.0030.
(7) Remediation Waste may be stored, treated,
managed, disposed, recycled or reused at a site following the submission to the
Department of an Immediate Response Action Completion Report and Completion
Statement only if:
(a) such actions are
conducted in conformance with the provisions of
310
CMR 40.0030; and
(b) a Release Abatement Measure Plan pursuant
to the provisions of
310
CMR 40.0440 or a Remedy Implementation Plan
pursuant to the provisions of
310
CMR 40.0870 is submitted to the Department as
an attachment to the Immediate Response Action Completion Statement.
(8) Unless otherwise directed by
the Department, Immediate Response Action Completion Reports shall not require
approval from the Department.
