Idaho Admin. Code r. 58.01.18.022

Current through September 2, 2024

Section 58.01.18.022 - VOLUNTARY REMEDIATION WORK PLAN

01.Submittal of Proposed Work Plan. An applicant whose application has been accepted by the Department may submit a proposed work plan to the Department. The Department will evaluate the work plan according to the terms and conditions of an agreement signed by the Department and the applicant.

02.Contents. The work plan must include:

a. The current and reasonably anticipated future use of the site, including on-site groundwater and surface water and uses of immediately adjacent properties;

b. If a risk-based concentration is proposed as a remediation standard, the work plan will include an estimate of the human and environmental risk from releases or threatened releases of hazardous substances or petroleum at the site based upon the current use of the site and adjacent properties and reasonably anticipated future uses of the site;

c. Proposed remediation standards developed in accordance with Section 023;

d. A proposed statement of work; and

e. A schedule to accomplish the proposed statement of work.

03.Supporting Information. Sufficient information to support the work plan must be submitted and may include:

a. Site assessment information including:

i. A legal description of the site and a map identifying the location and size of facilities and relevant features, such as property boundaries, surface topography, surface and subsurface structures, and utility lines;

ii. The physical characteristics of site facilities and contiguous areas, including the location of any surface water bodies and ground-water aquifers;

iii. The location of any wells located on the site or on areas within one-half mile radius of the site and a description of the use of those wells;

iv. The operational history of the facility, including ownership, and the current use of the facility;

v. Information on the methods and results of investigations concerning the nature and extent of any releases or threatened releases of hazardous substances or petroleum that have occurred at the site and a map showing general areas of concentrations of these hazardous substances or petroleum;

vi. A site investigation sampling and analysis plan, and quality assurance project plan;

vii. Any sampling results or other data that characterizes the soil, air, ground-water, surface water, or sediments on the site; and

viii. Available information on the environmental regulatory and compliance history of the site, including all applicable environmental permits; and

b. Risk evaluation information including:

i. An evaluation of the data collected during the site investigation including identification of chemicals of potential concern;

ii. An exposure assessment of all potential pathways of exposure;

iii. A toxicity assessment estimating the toxicity of both carcinogens and non-carcinogens;

iv. Identification of site conditions which may affect or limit migration of the contamination; and

v. A risk characterization that evaluates the uncertainties associated with the site investigation, the likelihood of exposures, and the toxicity of the contaminants.

04.Review and Evaluation. The Department will review and evaluate the work plan, provide public notice, accept public comments and may make the determination whether to hold public hearings in accordance with Section 39-7206, Idaho Code, and the agreement.

05.Modification to an Approved Work Plan - Additional Public Notice and Comment. After the close of the public comment period and the Department's approval of the work plan, situations may arise that result in modification of the work plan. Depending upon the significance of the modification, another opportunity for public notice and comment may be appropriate.

a. The Department need not provide for an additional public notice and comment period if the proposed modifications to the work plan are limited to minor changes. A minor change to the work plan is a change that does not fundamentally alter the overall remedial approach.

b. The Department will provide for an additional public notice and comment period if the proposed modifications to the work plan are fundamental. A fundamental change is a change that requires reconsideration of the remediation proposed in the remediation work plan.

Idaho Admin. Code r. 58.01.18.022

Effective March 24, 2022