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

Current through Register 1525, July 5, 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.