| (a) The commission adopts by reference 40 Code of Federal
Regulations (CFR) §257.96 (Assessment of corrective measures)
as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301), subject
to the changes and additions set forth in this section.
(b) Within 30 days of completing the assessment of
corrective measures required by this section, and before implementation
of the remedy, the owner or operator shall submit an amendment application,
on forms prescribed by the executive director, in accordance with §352.131
of this title (relating to Amendments). The owner or operator shall
provide any additional information as the executive director may require
to determine compliance with this section. The application must include,
at a minimum:
(1) documentation that characterizes the nature and
extent of the release, both vertically and horizontally, and meets
the applicable requirements of §352.951 of this title (relating
to Assessment Monitoring Program);
(2) the completed assessment of corrective measures
required by this section;
(3) the proposed Selection of Remedy required by §352.971
of this title (relating to Selection of Remedy);
(4) a comparison of the Appendix III constituents adopted
by reference in §352.1421 of this title (relating to Appendix
III - Constituents for Detection Monitoring) with a statistically
significant increase over the background value, and the corresponding
background value at each monitoring well;
(5) a comparison of the Appendix IV constituents adopted
by reference §352.1431 of this title (relating to Appendix IV
- Constituents for Assessment Monitoring) and the corresponding groundwater
protection standard meeting the requirements of §352.951(b) of
this title at each monitoring well;
(6) a proposed timeline for the submission of the Corrective
Action Effectiveness Report required by §352.991 of this title
(relating to Corrective Action Effectiveness Report); and
(7) a signed affidavit certifying that the owner or
operator has complied with the applicable notification requirements
of §352.951 of this title.
(c) An owner or operator subject to this section and
the executive director shall provide notice and hold a public meeting
in accordance with Subchapter D of this chapter (relating to Registration
Application Procedures) to satisfy the requirements of 40 CFR §257.96(e),
unless the owner or operator held a public meeting satisfying the
requirements of 40 CFR §257.96(e) prior to the application submission.
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