§ 245.310. Site characterization report.
(a) A responsible party shall prepare and submit to the Department within 180 days of reporting a release under § 245.305(a) (relating to reporting releases), or within an alternative time frame as determined by the Department, a site characterization report which describes the activities undertaken in accordance with § 245.309 (relating to site characterization). The responsible party shall submit two copies of the site characterization report to the Department unless directed otherwise. The site characterization report shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:
(1) A narrative description of the site and the historical and current operations conducted at the site.
(2) A site map showing location of buildings, roads, storage tanks, including those removed from service or closed in place, utilities, property boundaries, topographic contours, potential receptors and other information pertinent to the site characterization.
(3) A description of natural and manmade features pertinent to the site characterization.
(4) Details of interim remedial actions conducted at the site in accordance with § 245.306 (relating to interim remedial actions). These details must include the following, as necessary:
(i) A description of the type and volume of the regulated substance removed from the storage tank.
(ii) A discussion of fire, explosion and safety hazards which have been identified, mitigated and monitored.
(iii) A discussion of necessary relocation of affected residents.
(iv) Where free product recovery is performed, a description of:
(A) The regulated substance released, the thickness of free product in wells, boreholes or excavations, and the properties and vertical and horizontal distribution of any free product remaining in the subsurface.
(B) The type of free product recovery system used.
(C) Whether a discharge has or will take place during the recovery operation, and where this discharge is or will be located.
(D) The type of treatment applied to, and the effluent quality expected from, a discharge.
(E) The steps that have been or are being taken to obtain necessary permits or approvals for a discharge.
(F) The volume and disposition of the recovered free product.
(G) The date free product recovery was initiated.
(H) The date free product recovery was completed.
(v) Where excavation of contaminated soil is performed, a description of:
(A) The regulated substance released and actual volume of soil excavated.
(B) The method used to determine the existence and extent of contaminated soil.
(C) The treatment method or disposition of the excavated soil, including receipts documenting acceptance of the material at a permitted treatment or disposal facility.
(D) The date excavation was initiated.
(E) The date excavation was completed.
(F) The rationale for terminating soil excavation where the contaminated soil has not been excavated, including the volume of contaminated soil remaining in place, and a description of what steps will be taken to address the soils that remain unexcavated.
(5) Details of actions conducted at the site in accordance with § 245.307 (relating to affected or diminished water supplies). These details must include the steps that have been or are being taken to restore or replace affected or diminished water supplies.
(6) A description of the type and characteristics of regulated substances involved, including quantities, physical state, concentrations, toxicity, propensity to bioaccumulate, persistence and mobility.
(7) The results of tightness testing or other release detection method used or conducted to determine the structural integrity of the storage tank systems.
(8) The details of removal from service activities conducted at the site.
(9) The identification of the sources of contamination, including the actual or estimated date and quantity of release from each source.
(10) The location and description of affected water supplies and water supplies with the potential to be affected.
(11) A statement certifying that the site-specific plan, prepared for worker health and safety in accordance with OSHA requirements in 29 CFR 1910.120 (relating to hazardous waste operations and emergency response), including health and safety policies, medical monitoring, training and refresher courses, emergency and decontamination procedures, personal protective equipment and standard work practices, was implemented.
(12) A discussion and analysis to demonstrate that the site characterization objectives in § 245.309(b) have been satisfied.
(13) The rationale, equipment, methodology and results of geophysical surveys.
(14) The location, rationale and logs of soil borings.
(15) The location, rationale, construction details, including methods and materials, and depth to groundwater of piezometers, well points and monitoring wells.
(16) Groundwater contour maps depicting groundwater flow direction at the site.
(17) A description of methods and equipment used to determine site-specific soil, geologic, hydrogeologic and aquifer properties.
(18) Sampling locations and rationale for selection of these locations.
(19) The results of a survey used to identify and sample public and private wells.
(20) Parameters analyzed for, analytical methods used and detection limits of these methods.
(21) Field and laboratory analytical results and interpretations.
(22) Contaminant distribution maps in the media and contaminant phases.
(23) A conceptual site model which describes the sources of contamination, the fate and transport of contaminants, actual and potential receptors, and evaluates the vapor intrusion pathway.
(24) The disposition of site characterization wastes.
(25) A copy of site-specific plans prepared and implemented for the provision of the following:
(i) The identification, management and disposition of solid, hazardous, residual and other wastes generated as part of the site characterization.
(ii) The data quality objectives and quality assurance/quality control program for the performance of site characterization field activities and for the accurate collection, storage, retrieval, reduction, analysis and interpretation of site characterization data.
(26) The identification of the remediation standard which has or will be attained at the site.
(27) The Department’s written determination that groundwater is not used or currently planned to be used, if needed to attain the remediation standard selected or to be selected.
(28) The impacts to ecological receptors as a result of the evaluation conducted in accordance with § 250.311 or § 250.402(d) (relating to evaluation of ecological receptors; and human health and environmental protection goals).
(29) The impacts to surface water as a result of the evaluation conducted in accordance with § 250.309 or § 250.406 (relating to MSCs for surface water; and relationship to surface water quality requirements).
(30) A summary of the remedial action option that will be used at the site to attain the selected remediation standard. The summary must include a description of the components of each option, a conceptual design and a description of any additional investigation needed to complete the design of each option.
(31) A risk assessment report in accordance with § 250.409 (relating to risk assessment report).
(32) A demonstration that no current or future exposure pathways exist following the procedures described in § 250.404 (relating to pathway identification and elimination).
(33) A report of additional tasks performed to meet the objectives in § 245.309(b).
(b) If the responsible party determines, after completion of interim remedial actions, that further site characterization is not required, that soil is the only media of concern, and that interim remedial actions have remediated the site, the responsible party may submit a site characterization report to the Department, in lieu of the report required in subsection (a), which contains the following:
(1) A concise statement that describes the release, including information such as the amount of regulated substance that was released, the extent of contamination and interim remedial actions taken under § 245.306.
(2) Data demonstrating that the interim remedial actions have attained the Statewide health standard for the site in accordance with Chapter 250, Subchapter G (relating to demonstration of attainment).
(3) The basis for selection of the residential or nonresidential Statewide health standard.
(4) The results of the evaluation of ecological receptors conducted in accordance with § 250.311.
(5) Additional information as identified in subsection (a) necessary to fully describe the release, the extent of contamination and the interim remedial actions taken to address the release.
(c) Following submission of a complete site characterization report prepared under subsection (a), selecting the site-specific standard, or subsection (b), the Department will do one or more of the following:
(1) Review and approve the site characterization report as submitted.
(2) Review and approve the site characterization report with modifications made by the Department.
(3) Review and disapprove the site characterization report, citing deficiencies.
(4) Review and disapprove the site characterization report and direct, require or order the responsible party to perform other tasks or make modifications as prescribed by the Department.
(5) Review and disapprove the site characterization report, perform the site characterization in whole or in part and recover, in accordance with § 245.303(b) (relating to general requirements), the Department’s costs and expenses involved in performing the site characterization.
(d) The Department will take one or more of the actions listed in subsection (c) within 60 days of receipt of a site characterization report meeting the requirements in subsection (b) or within 90 days of receipt of a site characterization report selecting the site-specific standard. If the Department does not respond, in writing, within the allotted time, the report shall be deemed approved, unless the responsible party and the Department agree, in writing, to an alternative time frame.
Source The provisions of this § 245.310 amended November 30, 2001, effective December 1, 2001, 31 Pa.B. 6615; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331049) to (331052) and (354377).
Cross References This section cited in 25 Pa. Code § 245.311 (relating to remedial action plan); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); and 25 Pa. Code § 253.1 (relating to definitions).
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