Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-14 - Remedial investigations

Current through June, 2024
(a) Purpose. The
				  purpose of this section is to describe the methods, procedures, and criteria
				  the department shall follow or require to be followed, as appropriate, to
				  develop and conduct a remedial investigation, including project scoping, data
				  collection and development of remedial alternatives. The goal of the remedial
				  investigation is to define and evaluate the nature and magnitude of the threat
				  to public health or welfare, the environment, or natural resources, including
				  the source, amount, location, probable direction of migration and nature or
				  threat of the release, and to develop appropriate potential remedial
				  alternatives. The remedial investigation assesses facility or vessel conditions
				  and evaluates potential remedial action alternatives to the extent necessary to
				  select a remedial action or actions.
(b) Sufficient information to select remedial
				  actions. If the department determines that a remedial action may be
				  appropriate, the department shall review or require to be reviewed all existing
				  assessments of the facility or vessel, including any assessment conducted under
				  section 11-451-11, to determine if sufficient information is available to
				  select the appropriate remedial action. If sufficient information is not
				  available, the department shall conduct or require to be conducted further
				  investigations, called a remedial investigation. The remedial investigation
				  will be conducted to supplement existing information and to enable the
				  department to select the appropriate remedial action.
(c) Project scoping. The remedial
				  investigation should be tailored to facility or vessel circumstances so that
				  the scope, timing and detail of the remedial investigation is appropriate to
				  the complexity of facility or vessel problems being addressed. During scoping,
				  to the extent practicable, the actions necessary to evaluate and address
				  facility or vessel problems shall be identified, or required to be identified,
				  by the department. Where determined appropriate by the department, the
				  following tasks shall be conducted:
(1)
				  Assemble and evaluate existing data on the facility or vessel, including the
				  results of any removal or remedial actions, and assessments;
(2) Develop a conceptual understanding of the
				  site, based on the evaluation of existing data;
(3) Identify likely remedial actions and
				  potentially applicable technologies that may be used to address site problems,
				  including the identification of presumptive remedies pursuant to section
				  11-451-15(d);
(4) Identify the
				  type, quality, and quantity, of the data that needs to be collected during the
				  remedial investigation to support decisions regarding response
				  actions;
(5) Prepare site-specific
				  health and safety plans that shall specify, at a minimum, protective equipment,
				  medical and surveillance requirements, standard operating procedures, and a
				  contingency plan that conforms with Title 29 of the Code of Federal Regulations
				  §1910.120, revised as of July 1, 1993;
(6) Preliminarily identify the nature and
				  magnitude of the threat to public health or welfare, the environment, or
				  natural resources, including the source, amount, location, probable direction
				  of migration, and nature or threat of the release;
(7) If natural resources are or may be
				  affected by the release, ensure that state and federal trustees of the affected
				  natural resources have been notified in order that the trustees may initiate
				  appropriate actions, including cost recovery for damages;
(8) Develop sampling and analysis plans that
				  shall provide a process for obtaining data of sufficient quality and quantity
				  to satisfy data needs. In certain instances, the department may accept or use
				  existing sampling and analysis plans developed pursuant to section
				  11-451-11(b)(3). The sampling and analysis plans shall consist of two parts:
(A) The field sampling plan, which describes
				  the number, type, and location of samples and the types of analyses;
				  and
(B) The quality assurance
				  project plan, which describes the project, quality assurance objectives for
				  data measurements, sample collection and quality control measures, sample and
				  document custody procedures, analytical and quality control procedures and data
				  quality management.
(9)
				  Initiate the identification of applicable requirements and, as appropriate,
				  advisories, criteria, or guidance to be considered for a particular release, as
				  set forth in section 11-451-8(e);
(10) Identify potentially responsible
				  parties.