Current through Register 1531, September 27, 2024
Except as provided in
310
CMR 40.0857(2), the remedial
action alternatives identified by the initial screening shall be evaluated
using the following criteria:
(1) The
comparative effectiveness of the alternatives in terms of:
(a) achieving a Permanent or Temporary
Solution under
310
CMR 40.1000;
(b) reusing, recycling, destroying,
detoxifying, or treating oil and hazardous material at the disposal site;
and
(c) reducing levels of
untreated oil and hazardous material at the site to concentrations that achieve
or approach background.
(2) The comparative short-term and long-term
reliability of the alternatives, including:
(a) the degree of certainty that the
alternative will be successful; and
(b) the effectiveness of any measures
required to manage residues or remaining wastes or control emissions or
discharges to the environment.
(3) The comparative difficulty in
implementing each alternative in terms of:
(a)
technical complexity of the alternative;
(b) where applicable, the integration of the
alternative with existing facility operations and other current or potential
remedial actions;
(c) any necessary
monitoring, operations, maintenance or site access requirements or
limitations;
(d) the availability
of necessary services, materials, equipment, or specialists;
(e) the availability, capacity and location
of necessary off-site treatment, storage and disposal facilities; and
(f) whether the alternative meets regulatory
requirements for any likely approvals, permits or licenses required by the
Department, or other state, federal or local agencies.
(4) The comparative costs of the
alternatives, including:
(a) costs of
implementing the alternative, including without limitation: design,
construction, equipment, site preparation, labor, permits, disposal, operation,
maintenance and monitoring costs;
(b) costs of environmental restoration,
potential damages to natural resources, including consideration of impacts to
surface waters, wetlands, wildlife, fish and shellfish habitat; and
(c) the relative total consumption of energy
resources in the implementation and operation of the alternatives, and
externalities associated with the use of those resources, including greenhouse
gases and other air pollutants.
(5) The comparative risks of the alternatives
including without limitation:
(a) the
short-term on-site and off-site risks posed during implementation of the
alternative associated with any excavation, transport, disposal, containment,
construction, operation or maintenance activities, or discharges to the
environment from remedial systems;
(b) on-site and off-site risks posed over the
period of time required for the alternative to attain applicable remedial
standards, including risks associated with ongoing transport, disposal,
containment, operation or maintenance activities, or discharges from remedial
systems; and
(c) the potential risk
of harm to health, safety, public welfare or the environment posed to human or
environmental receptors by any oil and/or hazardous material remaining at the
disposal site after the completion of the remedial action.
(6) The comparative benefits of the
alternatives including without limitation:
(a)
the benefit of restoring natural resources;
(b) providing for the productive reuse of the
site;
(c) the avoided costs of
relocating people, businesses, or providing alternative water supplies; and
(d) the avoided lost value of the
site.
(7) The comparative
timeliness of the alternatives in terms of eliminating any uncontrolled sources
of oil and/or hazardous material and achieving of a level of No Significant
Risk as described in
310
CMR 40.0900.
(8) The relative effect of the alternatives
upon non-pecuniary interests, such as aesthetic values.
