(Effective until January 1, 2024)
Model remedies.
(1) Purpose. The purpose of model remedies is to streamline and accelerate the selection of cleanup actions that protect human health and the environment, with a preference for permanent solutions to the maximum extent practicable.
(2)
Development of model remedies. The department may, from time to time, identify model remedies for common categories of facilities, types of contamination, types of media, and geographic areas. In identifying a model remedy, the department shall identify the circumstances for which application of the model remedy meets the requirements under WAC
173-340-360. The department shall provide an opportunity for the public to review and comment on any proposed model remedies.
(3)
Applicability and effect of model remedies. Where a site meets the circumstances identified by the department under subsection (2) of this section, the components of the model remedy may be selected as the cleanup action, or as a portion of the cleanup action. At such sites, it shall not be necessary to conduct a feasibility study under WAC
173-340-350(8) or a disproportionate cost analysis under WAC
173-340-360(3) for those components of a cleanup action to which a model remedy applies.
(4) Public notice and participation. Where a model remedy is proposed as the cleanup action or as a portion of the cleanup action, the cleanup action plan is still subject to the same public notice and participation requirements in this chapter as any other cleanup action.
[Statutory Authority: Chapter
70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-340-390, filed 2/12/01, effective 8/15/01.]
(Effective January 1, 2024)
Model remedies.
(1) Purpose. The purpose of model remedies is to streamline and accelerate the selection of a cleanup action for routine types of cleanup projects at sites with common features and lower risk to human health and the environment.
(2) Development of model remedies. Ecology may establish model remedies for common categories of sites, types of hazardous substances, types of media, and geographic areas.
When establishing a model remedy, ecology will:
(a) Identify the applicability of the model remedy for use at a site, the site characterization required under WAC 173-340-350 to select the model remedy, and the compliance monitoring required under WAC 173-340-410 to implement the model remedy;
(b) Describe how the model remedy meets the cleanup standards established under Part 7 of this chapter and the requirements for cleanup actions in WAC 173-340-360; and
(c) Provide the public with notice and an opportunity to comment on the proposed model remedy and the conditions under which it may be used at a site. The public comment period must be at least 30 days.
(3) Soliciting proposals. When developing model remedies, ecology will solicit and consider proposals from qualified persons. The proposals must, in addition to describing the model remedy, provide the information required under subsection (2)(a) and (b) of this section.
(4) Selection. A model remedy may be selected as a cleanup action, or as a component of a cleanup action, at a site without conducting a feasibility study under WAC 173-340-351, provided that:
(a) The site meets the conditions for using the model remedy identified by ecology under subsection (2)(a) of this section. To make this demonstration, sufficient information must be collected and documented during the remedial investigation (see WAC 173-340-350 (6)(j)(ii) and (5)(f)(ii) and (g)(vii)); and
(b) For ecology-conducted and ecology-supervised remedial actions, ecology provides or requires public notice of the proposed use of the model remedy in the draft cleanup action plan under WAC 173-340-380.
[Statutory Authority: Chapters
70A.305 and
70A.355 RCW. WSR 23-17-159 (Order 18-09), § 173-340-390, filed 8/23/23, effective 1/1/24. Statutory Authority: Chapter
70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-340-390, filed 2/12/01, effective 8/15/01.]