La. Admin. Code tit. 33 § VI-511

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-511 - Selection of the Final Remedy

A. The final remedy shall:

1. protect human health and the environment;

2. comply with the RECAP standards determined in accordance with these regulations; and

3. comply with federal and state ARARs. An alternative remedy that does not meet an ARAR under federal environmental or state environmental or facility siting laws may be selected under the following circumstances:

a. the alternative is an interim measure and will become part of a total remedial action that will attain the ARAR;

b. compliance with the requirement will result in greater risk to human health and the environment than other alternatives;

c. compliance with the requirement is technically impracticable from an engineering perspective;

d. the alternative will attain a standard of performance that is equivalent to that required under the otherwise applicable standard, requirement, or limitation through use of another method or approach; or

e. for a remedial action funded by the department only, an alternative that attains the ARAR will not provide a balance between the need for protection of human health and the environment at the site and the availability of monies to other sites that could present a threat to human health and the environment.

B. To select the final remedy for remedial actions other than removal actions, the department shall:

1. assess the remedial alternatives described in the CAS report, considering:

a. the goals, objectives, and requirements of the Act and these regulations;

b. state and federal ARARs;

c. the current and expected uses of the site property;

d. the effectiveness of the remedy in significantly reducing the volume, toxicity, or mobility of the hazardous substances at the site;

e. the effectiveness of the remedy in permanently reducing the volume, toxicity, or mobility of the hazardous substances at the site (permanent remedies shall be preferred);

f. the reliability of the remedial alternatives, and the potential for future remedial costs if an alternative does not achieve the desired RECAP standard;

g. the ability to monitor remedial performance;

h. the cost effectiveness of a final remedy (cost effectiveness shall be considered only in choosing between alternatives that each adequately meet the requirements in this Section); and

i. other factors determined appropriate by the department;

2. finalize the RECAP standards;

3. prepare a decision document stating the final remedy that includes:

a. the final RECAP standards for the site and a brief discussion of how these were determined;

b. a brief description of each remedial alternative evaluated;

c. the results of the evaluation of the alternatives and identification of the alternative selected by the department;

d. a brief discussion of the strengths and weaknesses of the selected alternative relative to the site, contaminated media, and contaminants;

e. a discussion of the results of the risk assessment if the preferred alternative would result in hazardous substances, contaminants, or pollutants remaining at the site in concentrations above the RECAP standards; and

f. an explanation of any waivers of state or federal ARARs;

4. present the preferred alternative to the public in a draft decision document in accordance with the public participation procedures described in LAC 33:VI.Chapter 8; and

5. consider the comments and information submitted during a public comment period if held in accordance with LAC 33:VI.Chapter 8 and revise the draft decision document as necessary.

C. The administrative authority shall issue a final decision document based upon Paragraphs B.1-4 of this Section.

D. If a removal action was performed at the site and the RECAP standards established by the department were achieved, then the removal action may be considered a final remedy. The department may determine that no further action is required and issue a decision document stating that the removal action is the final remedy.

La. Admin. Code tit. 33, § VI-511

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2189 (November 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2171 et seq., 2221 et seq., and 2271 et seq.