| (a) To attain Remedy Standard A, the person shall within a
reasonable time frame given the particular circumstances of an affected property:
(1) Remove any listed hazardous waste as defined in 40 Code
of Federal Regulations Part 261, Subpart D, as amended, which is contained
within a waste management facility component (e.g., tank, surface impoundment,
etc.) or which is separable from environmental media using simple mechanical
removal processes;
(2) Remove and/or decontaminate any waste or environmental
media which is characteristically hazardous due to ignitability, corrosivity,
reactivity, or toxicity characteristic as defined in 40 Code of Federal Regulations
Part 261, Subpart C, as amended;
(3) Remove and/or decontaminate the surface soil, subsurface
soil, and groundwater PCLE zones, other environmental media, and non-hazardous
waste to achieve COC concentration levels below the residential or commercial/industrial
critical PCLs, as applicable; and
(4) Demonstrate the affected property is protective for
ecological receptors.
(b) Response actions under Remedy Standard A must result in
permanent risk reduction at an affected property.
(1) The person shall not use physical controls under Remedy
Standard A.
(2) The person shall remediate the affected property such
that the concentration of COCs in surface soil, subsurface soil, groundwater,
and other environmental media do not exceed the applicable critical PCLs.
(3) Remedial alternatives, including the use of monitored
natural attenuation as a decontamination remedy, must be capable of achieving
the Remedy Standard A objectives within a reasonable time frame, given the
particular circumstances at the affected property; and must be appropriate
considering the hydrogeologic characteristics of the affected property, COC
characteristics, and the potential for unprotective exposure conditions to
continue or result during the remedial period. The executive director may
require a demonstration of the appropriateness of a remedy in the context
of the above-mentioned criteria for any remedy, regardless of the status of
self-implementation as allowed in subsection (d) of this section. If the executive
director requires such a demonstration, the person is not required to await
executive director approval to proceed with self-implementation; however,
if the executive director determines that the self-implementing response action
is inappropriate based on these criteria, then the executive director shall
require appropriate response actions to be taken.
(c) The person shall determine the PCLs for Remedy Standard
A using exposure pathways where the human or ecological receptor comes into
contact with the COCs directly within, above, or below a source medium. Lateral
transport considerations which place the POE at a location outside of the
source area cannot be used to determine PCLs for Remedy Standard A, with the
exception that, when necessary, the person shall perform lateral transport
calculations to determine whether PCLs calculated based upon on-site commercial/industrial
workers are protective of off-site residents.
(d) Remedy Standard A is a self-implementing standard unless
the person desires to modify exposure factors under §350.74(j) of this
title (relating to Development of Risk-Based Exposure Limits) which requires
prior executive director approval, or unless the person chooses not to self-implement.
The person shall submit a SIN to the executive director and the agency's office
in the region where the affected property is located at least 10 days prior
to conducting a response action under this remedy standard. The person may
then perform the response action without receiving the executive director's
approval, unless such prior approval is required by another agency rule, order,
or permit. If the person chooses not to self-implement, then the person shall
submit a RAP for review and approval by the executive director. The person
shall include an APAR with the RAP unless an APAR has previously been submitted.
(e) The person cannot use a demonstration of technical impracticability
when responding to soil and/or groundwater PCLE zones, or other affected environmental
media under Remedy Standard A.
(f) The person shall prevent COCs at concentrations above the
critical groundwater PCLs from migrating beyond the existing boundary of the
groundwater PCLE zone.
(g) There are no post-response action care or financial assurance
requirements for Remedy Standard A response actions, provided the person adequately
documents attainment of the response objectives provided in subsection (a)
of this section. When considered warranted, the executive director may require
the person to monitor environmental media to verify that the models used to
determine PCLs established under Tiers 2 or 3 as provided in §350.75
of this title (relating to Tiered Human Health Protective Concentration Level
Evaluation) yield protective PCLs.
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