Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0861 - Remedial Action Plan
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0861
Current through Register 1531, September 27, 2024
(1) The results of a Phase III evaluation shall be documented in a Remedial Action Plan. The Remedial Action Plan shall support the selection of the Comprehensive Remedial Alternative by providing information of sufficient detail on the process by which the recommended Comprehensive Remedial Alternative was developed and evaluated.
(2) A Remedial Action Plan shall contain:
(a) a narrative of the
disposal site Conceptual Site Model, updated as necessary, incorporating as
appropriate, relevant maps, graphs, and data tables;
(b) a description of all remedial
alternatives initially identified and the results of the initial
screening;
(c) where a detailed
evaluation is required, a discussion of how the remedial alternatives remaining
after initial screening compared with respect to each of the detailed criteria
described in
310
CMR 40.0858, and how the criteria were
weighted in the evaluation;
(d)
justification for the selection of the proposed Comprehensive Remedial
Alternative with respect to its anticipated effectiveness and relative to all
other evaluated alternatives, including a discussion of the results of any
bench-scale tests or pilot studies performed as part of an evaluation of the
effectiveness of an alternative;
(e) where required, the results of the
evaluation under
310
CMR 40.0860 of whether the implementation of
a Permanent or Temporary Solution is feasible;
(f) if a Permanent Solution is selected as
the Comprehensive Remedial Alternative:
1. a
discussion of how the alternative is likely to achieve a level of No
Significant Risk and the projected timeframe, based on available information,
for meeting the requirements for a Permanent Solution as specified in
310
CMR 40.1000;
2. the results of the evaluation under
310
CMR 40.0860 of the feasibility of reducing
the concentrations of oil and hazardous material in the environment at the
disposal site to levels that achieve or approach background, unless the
Remedial Action Plan otherwise includes a demonstration that the selected
alternative is designed to achieve background;
(g) if a Temporary Solution is selected as
the Comprehensive Remedial Alternative:
1. a
discussion of how the alternative is likely to eliminate any substantial
hazards posed by the disposal site until a Permanent Solution is
implemented;
2. a discussion of and
support for the conclusion as to whether achievement of a Permanent Solution is
currently feasible; and
3. a plan
and projected timeframe, based on available information, for meeting and
maintaining the requirements for a Temporary Solution as specified in
310
CMR 40.1000, and, if the achievement of a
Permanent Solution is currently feasible, for the achievement of a Permanent
Solution;
(h) if a
Temporary Solution is selected as the Comprehensive Remedial Alternative and a
Permanent Solution is not currently feasible, except for those Temporary
Solutions achieved after a Downgradient Property Status Submittal has been
provided to the Department in accordance with
310
CMR 40.0180, a plan of definitive and
enterprising steps to identify and develop an alternative that is a likely
Permanent Solution and a schedule for the implementation of such steps that may
include, but are not limited to:
1. performing
pilot tests or bench-scale studies;
2. investigating innovative ways to reduce
the costs or the risks of implementing a specific alternative;
3. developing new technologies;
4. overcoming other obstacles that make the
current implementation of a Permanent Solution infeasible; and
(i) a projected schedule for
implementation of Phase IV activities, if applicable, pursuant to
310
CMR 40.0870 consistent with the projected
timeframe for achievement of a Permanent or Temporary Solution, as
applicable.
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