§ 250.312. Final report.

 (a)  For sites remediated under the Statewide health standard, the person conducting the remediation shall submit a final report to the Department which documents attainment of the selected standard. This final report must include site characterization information identified in §  250.204(b)—(e) (relating to final report). The site characterization shall be conducted in accordance with scientifically recognized principles, standards and procedures. The level of detail in the investigation, and the selected methods and analyses, that may include models, must sufficiently define the rate of movement and the present and future extent and fate of contaminants to ensure continued attainment of the remediation standard. The final report must include, as appropriate, an assessment that addresses the vapor intrusion exposure pathway. Interpretations of geologic and hydrogeologic data shall be prepared by a professional geologist licensed in this Commonwealth.

 (b)  The final report for the Statewide health standard shall include the results of the evaluation of ecological receptors. If a person relies on a postremedy use to eliminate complete exposure pathways that is not implemented at the time of the final report submission, a postremediation care plan shall be submitted to document that the postremedy use is implemented within 1 year from final report approval, unless the Department approves an extension of time. If mitigation measures are implemented under §  250.311 (relating to evaluation of ecological receptors), a postremediation care plan shall be documented in the final report that includes the following:

   (1)  A plan to maintain the mitigated ecological resource.

   (2)  Reporting of the ongoing success or failure of the mitigation measure implemented.

   (3)  Mitigation measures, instituted at the time of the final report, shall be successfully accomplished and sustained up to 5 years from final report approval.

 (c)  Final reports for the Statewide health standard shall include information on the basis for selecting residential or nonresidential standards and the additional information identified in §  250.204(f)(1)—(5).

 (d)  The final report for the Statewide health standard shall include all sampling data and descriptions of the sampling methodology and analytical results, including the appropriate statistical methodologies, which pertain to whether the remediation has attained the selected standard, following the requirements of Subchapter G (relating to demonstration of attainment).

 (e)  If engineering controls are needed to attain or maintain a standard, if institutional controls are needed to maintain a standard, if the fate and transport analysis indicates that the remediation standard, including the solubility limitation in §  250.304(b) (relating to MSCs for groundwater), may be exceeded at the point of compliance in the future, or if the remediation relies on natural attenuation, a postremediation care plan shall be documented in the final report that includes the information identified in §  250.204(g).

 (f)  If the soil to groundwater pathway soil buffer distances are used, as identified in §  250.308 (relating to soil-to-groundwater pathway numeric values), the following information shall be included in the final report:

   (1)  Information demonstrating that the actual site soil column thickness below the contaminated soil by the information gathered from soil sample borings conducted during the site characterization is at least the thickness identified in Appendix A, Tables 3 and 4.

   (2)  Information gathered during the field investigation phase and the laboratory analyses conducted on the soil samples.

   (3)  The boring logs and all other data presented in appropriate maps, cross sections, figures and tables.

 (g)  If an equivalency demonstration is used under §  250.308(d), the following information shall be included in the final report:

   (1)  Information describing the actual site soil column below the contaminated soil determined by soil sample borings conducted during the site characterization.

   (2)  Information gathered during the field investigation phase and the laboratory analyses conducted on the groundwater samples beneath the contaminated soil.

   (3)  The boring logs and all other data presented in appropriate maps, cross sections, figures and tables.

   (4)  Sampling data, in a tabular format, that shows no exceedances of groundwater MSCs or the background standard, under §  250.308(d)(2).

   (5)  A demonstration, submitted in a graphic format, that sampling data indicates no increasing trend of concentration over time that may exceed the standard.

 (h)  When a person implements a remedy that relies on access to properties owned by third parties, for remediation or monitoring, documentation of cooperation or agreement shall be submitted as part of the final report.

Authority

   The provisions of this §  250.312 issued under sections 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § §  6026.104(a) and 6026.303(a)).

Source

   The provisions of this §  250.312 amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 230. Immediately preceding text appears at serial pages (233776) to (233777).

Cross References

   This section cited in 25 Pa. Code §  245.313 (relating to remedial action completion report); 25 Pa. Code §  250.311 (relating to evaluation of ecological receptors); and 25 Pa. Code §  253.1 (relating to definitions).



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