Current through Register Vol. 54, No. 44, November 2, 2024
(a) A responsible party shall prepare and
submit to the Department within 180 days of reporting a release under §
245.305(a)
(relating to reporting releases), or within an alternative time frame as
determined by the Department, a site characterization report which describes
the activities undertaken in accordance with §
245.309 (relating to site
characterization). The responsible party shall submit two copies of the site
characterization report to the Department unless directed otherwise. The site
characterization report shall be complete and concisely organized and shall
contain the following elements, as necessary, based on the nature, extent,
type, volume or complexity of the release:
(1) A narrative description of the site and
the historical and current operations conducted at the site.
(2) A site map showing location of buildings,
roads, storage tanks, including those removed from service or closed in place,
utilities, property boundaries, topographic contours, potential receptors and
other information pertinent to the site characterization.
(3) A description of natural and manmade
features pertinent to the site characterization.
(4) Details of interim remedial actions
conducted at the site in accordance with §
245.306 (relating to interim
remedial actions). These details must include the following, as necessary:
(i) A description of the type and volume of
the regulated substance removed from the storage tank.
(ii) A discussion of fire, explosion and
safety hazards which have been identified, mitigated and monitored.
(iii) A discussion of necessary relocation of
affected residents.
(iv) Where free
product recovery is performed, a description of:
(A) The regulated substance released, the
thickness of free product in wells, boreholes or excavations, and the
properties and vertical and horizontal distribution of any free product
remaining in the subsurface.
(B)
The type of free product recovery system used.
(C) Whether a discharge has or will take
place during the recovery operation, and where this discharge is or will be
located.
(D) The type of treatment
applied to, and the effluent quality expected from, a discharge.
(E) The steps that have been or are being
taken to obtain necessary permits or approvals for a discharge.
(F) The volume and disposition of the
recovered free product.
(G) The
date free product recovery was initiated.
(H) The date free product recovery was
completed.
(v) Where
excavation of contaminated soil is performed, a description of:
(A) The regulated substance released and
actual volume of soil excavated.
(B) The method used to determine the
existence and extent of contaminated soil.
(C) The treatment method or disposition of
the excavated soil, including receipts documenting acceptance of the material
at a permitted treatment or disposal facility.
(D) The date excavation was
initiated.
(E) The date excavation
was completed.
(F) The rationale
for terminating soil excavation where the contaminated soil has not been
excavated, including the volume of contaminated soil remaining in place, and a
description of what steps will be taken to address the soils that remain
unexcavated.
(5) Details of actions conducted at the site
in accordance with §
245.307 (relating to affected or
diminished water supplies). These details must include the steps that have been
or are being taken to restore or replace affected or diminished water
supplies.
(6) A description of the
type and characteristics of regulated substances involved, including
quantities, physical state, concentrations, toxicity, propensity to
bioaccumulate, persistence and mobility.
(7) The results of tightness testing or other
release detection method used or conducted to determine the structural
integrity of the storage tank systems.
(8) The details of removal from service
activities conducted at the site.
(9) The identification of the sources of
contamination, including the actual or estimated date and quantity of release
from each source.
(10) The location
and description of affected water supplies and water supplies with the
potential to be affected.
(11) A
statement certifying that the site-specific plan, prepared for worker health
and safety in accordance with OSHA requirements in
29 CFR
1910.120 (relating to hazardous waste
operations and emergency response), including health and safety policies,
medical monitoring, training and refresher courses, emergency and
decontamination procedures, personal protective equipment and standard work
practices, was implemented.
(12) A
discussion and analysis to demonstrate that the site characterization
objectives in § 245.309(b) have been satisfied.
(13) The rationale, equipment, methodology
and results of geophysical surveys.
(14) The location, rationale and logs of soil
borings.
(15) The location,
rationale, construction details, including methods and materials, and depth to
groundwater of piezometers, well points and monitoring wells.
(16) Groundwater contour maps depicting
groundwater flow direction at the site.
(17) A description of methods and equipment
used to determine site-specific soil, geologic, hydrogeologic and aquifer
properties.
(18) Sampling locations
and rationale for selection of these locations.
(19) The results of a survey used to identify
and sample public and private wells.
(20) Parameters analyzed for, analytical
methods used and detection limits of these methods.
(21) Field and laboratory analytical results
and interpretations.
(22)
Contaminant distribution maps in the media and contaminant phases.
(23) A conceptual site model which describes
the sources of contamination, the fate and transport of contaminants, actual
and potential receptors, and evaluates the vapor intrusion pathway.
(24) The disposition of site characterization
wastes.
(25) A copy of
site-specific plans prepared and implemented for the provision of the
following:
(i) The identification, management
and disposition of solid, hazardous, residual and other wastes generated as
part of the site characterization.
(ii) The data quality objectives and quality
assurance/quality control program for the performance of site characterization
field activities and for the accurate collection, storage, retrieval,
reduction, analysis and interpretation of site characterization data.
(26) The identification of the
remediation standard which has or will be attained at the site.
(27) The Department's written determination
that groundwater is not used or currently planned to be used, if needed to
attain the remediation standard selected or to be selected.
(28) The impacts to ecological receptors as a
result of the evaluation conducted in accordance with §
250.311 or §
250.402(d)
(relating to evaluation of ecological receptors; and human health and
environmental protection goals).
(29) The impacts to surface water as a result
of the evaluation conducted in accordance with §
250.309 or §
250.406 (relating to MSCs for
surface water; and relationship to surface water quality
requirements).
(30) A summary of
the remedial action option that will be used at the site to attain the selected
remediation standard. The summary must include a description of the components
of each option, a conceptual design and a description of any additional
investigation needed to complete the design of each option.
(31) A risk assessment report in accordance
with §
250.409 (relating to risk
assessment report).
(32) A
demonstration that no current or future exposure pathways exist following the
procedures described in §
250.404 (relating to pathway
identification and elimination).
(33) A report of additional tasks performed
to meet the objectives in § 245.309(b).
(b) If the responsible party determines,
after completion of interim remedial actions, that further site
characterization is not required, that soil is the only media of concern, and
that interim remedial actions have remediated the site, the responsible party
may submit a site characterization report to the Department, in lieu of the
report required in subsection (a), which contains the following:
(1) A concise statement that describes the
release, including information such as the amount of regulated substance that
was released, the extent of contamination and interim remedial actions taken
under § 245.306.
(2) Data
demonstrating that the interim remedial actions have attained the Statewide
health standard for the site in accordance with Chapter 250, Subchapter G
(relating to demonstration of attainment).
(3) The basis for selection of the
residential or nonresidential Statewide health standard.
(4) The results of the evaluation of
ecological receptors conducted in accordance with § 250.311.
(5) Additional information as identified in
subsection (a) necessary to fully describe the release, the extent of
contamination and the interim remedial actions taken to address the
release.
(c) Following
submission of a complete site characterization report prepared under subsection
(a), selecting the site-specific standard, or subsection (b), the Department
will do one or more of the following:
(1)
Review and approve the site characterization report as submitted.
(2) Review and approve the site
characterization report with modifications made by the Department.
(3) Review and disapprove the site
characterization report, citing deficiencies.
(4) Review and disapprove the site
characterization report and direct, require or order the responsible party to
perform other tasks or make modifications as prescribed by the
Department.
(5) Review and
disapprove the site characterization report, perform the site characterization
in whole or in part and recover, in accordance with §
245.303(b)
(relating to general requirements), the Department's costs and expenses
involved in performing the site characterization.
(d) The Department will take one or more of
the actions listed in subsection (c) within 60 days of receipt of a site
characterization report meeting the requirements in subsection (b) or within 90
days of receipt of a site characterization report selecting the site-specific
standard. If the Department does not respond, in writing, within the allotted
time, the report shall be deemed approved, unless the responsible party and the
Department agree, in writing, to an alternative time frame.
This section cited in 25 Pa. Code §
245.311 (relating to remedial
action plan); 25 Pa. Code §
245.435 (relating to reporting and
recordkeeping); and 25 Pa. Code §
253.1 (relating to
definitions).
