18 AAC 78.276. Final corrective action reporting requirements and site closure

(a) The owner or operator shall submit a written final corrective action report to the department for each UST site at which corrective action activities have been completed. Based on analytical results, the report must demonstrate that the site meets the applicable cleanup levels and requirements specified in 18 AAC 78.600 - 18 AAC 78.625. The report must be prepared by a qualified, impartial third party. The owner or operator may request a waiver from the use of an impartial third party under the procedures in 18 AAC 78.090(f) .

(b) The written report required by (a) of this section must contain, as applicable,

(1) the date and time of the discharge or release;

(2) the location of the discharge or release, including latitude and longitude coordinates;

(3) the name and physical address of the site, facility, or operation;

(4) the name, mailing address, and telephone number of the owner and of the operator of the site, facility, or operation;

(5) the type and amount of each contaminant discharged or released;

(6) a description of any environmental damage caused by the discharge, release, or contaminant, to the extent the damage can be identified;

(7) a demonstration that the free product removal report required in 18 AAC 78.240(c) was submitted to the department and that free product was recovered in compliance with 18 AAC 78.240;

(8) a summary of each applicable soil and groundwater cleanup level approved for the site under 18 AAC 78.600 - 18 AAC 78.625 and a description of the factors used in developing each applicable cleanup level;

(9) a description of the corrective actions taken, including

(A) a demonstration that corrective action was conducted in accordance with the corrective action plan project elements, including modifications to the project elements, approved under 18 AAC 78.250;

(B) sampling reports and a description of the soil and groundwater sampling protocol and sampling locations;

(C) a summary of the laboratory reports for the final verification samples collected at the site; the laboratory or the owner or operator shall keep these reports and make them available to the department upon request for at least 10 years after submission of the summary to the department;

(D) a demonstration that contaminated soil and groundwater were stored, treated, and disposed of in an approved manner;

(E) a description of any site-specific modification to any procedures in the UST Procedures Manual;

(F) an estimate of the extent of any remaining residual contamination, above and below the applicable cleanup levels;

(G) confirmation that any hazardous waste generated was stored, treated, or disposed of in compliance with 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by Resource Conservation Recovery Act), as amended through October 1, 1998 and adopted by reference; and

(H) other information requested by the department, as the department determines necessary to ensure protection of human health or safety, or of the environment; and

(10) a demonstration of compliance with applicable institutional control requirements under 18 AAC 78.625.

(d) The owner or operator shall keep a copy of the corrective action report submitted under this section for at least 10 years after that report is submitted to the department.

(e) The department will determine final compliance with the

(1) applicable soil cleanup levels, based on sampling results from onsite contaminated soil and from contaminated soil moved offsite for treatment or disposal, and based on the maximum concentrations detected, unless an appropriate statistical method is approved, in which case compliance will be based on the mean soil concentration at the 95 percent upper confidence limit; approval of a statistical method will be based on

(A) the number and location of samples taken;

(B) whether large variations in contaminant concentrations relative to the mean concentration exist; and

(2) groundwater cleanup levels, based on an analysis of unfiltered groundwater samples unless the owner and operator demonstrates that a filtered sample provides a more representative measure of groundwater quality; compliance will be determined based on the maximum concentrations of a contaminant detected in the final confirmation samples; before closure, the size of the dissolved plume must be steady state or shrinking and concentrations of the contaminant must be decreasing.

(f) After reviewing the final corrective action report submitted under this section, if the department determines that

(1) a site has been adequately characterized and has achieved the applicable cleanup levels and requirements in 18 AAC 78.600 - 18 AAC 78.625, the department will issue the owner or operator a written determination that corrective action is complete, subject to a future department determination that the corrective action is not protective of human health or safety, or of the environment; or

(2) the corrective action and applicable institutional controls are not protective of human health or safety, or of the environment, the department will, as necessary to ensure protection of human health or safety, or of the environment, require the owner or operator to conduct additional actions that meet the requirements of this chapter.

History: Eff. 1/22/99, Register 149; am 6/25/99, Register 150

Authority: AS 46.03.020

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