Section 11-451-14 - Remedial investigations(a) Purpose. The purpose of this section is to describe the methods, procedures, and criteria the department shall follow or require to be followed, as appropriate, to develop and conduct a remedial investigation, including project scoping, data collection and development of remedial alternatives. The goal of the remedial investigation is to define and evaluate the nature and magnitude of the threat to public health or welfare, the environment, or natural resources, including the source, amount, location, probable direction of migration and nature or threat of the release, and to develop appropriate potential remedial alternatives. The remedial investigation assesses facility or vessel conditions and evaluates potential remedial action alternatives to the extent necessary to select a remedial action or actions.(b) Sufficient information to select remedial actions. If the department determines that a remedial action may be appropriate, the department shall review or require to be reviewed all existing assessments of the facility or vessel, including any assessment conducted under section 11-451-11, to determine if sufficient information is available to select the appropriate remedial action. If sufficient information is not available, the department shall conduct or require to be conducted further investigations, called a remedial investigation. The remedial investigation will be conducted to supplement existing information and to enable the department to select the appropriate remedial action.(c) Project scoping. The remedial investigation should be tailored to facility or vessel circumstances so that the scope, timing and detail of the remedial investigation is appropriate to the complexity of facility or vessel problems being addressed. During scoping, to the extent practicable, the actions necessary to evaluate and address facility or vessel problems shall be identified, or required to be identified, by the department. Where determined appropriate by the department, the following tasks shall be conducted: (1) Assemble and evaluate existing data on the facility or vessel, including the results of any removal or remedial actions, and assessments;(2) Develop a conceptual understanding of the site, based on the evaluation of existing data;(3) Identify likely remedial actions and potentially applicable technologies that may be used to address site problems, including the identification of presumptive remedies pursuant to section 11-451-15(d);(4) Identify the type, quality, and quantity, of the data that needs to be collected during the remedial investigation to support decisions regarding response actions;(5) Prepare site-specific health and safety plans that shall specify, at a minimum, protective equipment, medical and surveillance requirements, standard operating procedures, and a contingency plan that conforms with Title 29 of the Code of Federal Regulations §1910.120, revised as of July 1, 1993;(6) Preliminarily identify the nature and magnitude of the threat to public health or welfare, the environment, or natural resources, including the source, amount, location, probable direction of migration, and nature or threat of the release;(7) If natural resources are or may be affected by the release, ensure that state and federal trustees of the affected natural resources have been notified in order that the trustees may initiate appropriate actions, including cost recovery for damages;(8) Develop sampling and analysis plans that shall provide a process for obtaining data of sufficient quality and quantity to satisfy data needs. In certain instances, the department may accept or use existing sampling and analysis plans developed pursuant to section 11-451-11(b)(3). The sampling and analysis plans shall consist of two parts: (A) The field sampling plan, which describes the number, type, and location of samples and the types of analyses; and(B) The quality assurance project plan, which describes the project, quality assurance objectives for data measurements, sample collection and quality control measures, sample and document custody procedures, analytical and quality control procedures and data quality management.(9) Initiate the identification of applicable requirements and, as appropriate, advisories, criteria, or guidance to be considered for a particular release, as set forth in section 11-451-8(e);(10) Identify potentially responsible parties.(d) Data collection and evaluation. In collecting data for the remedial investigation, the department may conduct, or require to be conducted, one or more phases of sampling to focus efforts and increase the efficiency of the investigation. Because estimates of actual or potential exposures and associated impacts on human and environmental receptors may be refined throughout the phases of the remedial investigation as new information is obtained, facility or vessel characterization activities should be fully integrated with the development and evaluation of remedial action alternatives. To characterize the facility or vessel, the department, may, as appropriate, conduct or require to be conducted a baseline risk assessment and field investigations, including treatability studies (bench- or pilot- scale), to provide additional data to support design of response alternatives. The field investigations may assess the following factors: (1) Physical characteristics of the facility or vessel, including but not limited to, important surface features, soils, geology, hydrogeology, meteorology, and ecology;(2) Characteristics or classifications of air, surface water, and ground water;(3) The general characteristics of the hazardous substances, pollutants, or contaminants released or threatened to be released, including quantities, state, concentration, toxicity, propensity to bioaccumulate, persistence, and mobility;(4) The extent to which the source can be adequately identified and characterized;(5) Actual and potential exposure pathways through environmental media;(6) Actual and potential exposure routes, for example, inhalation and ingestion;(7) Other factors, such as sensitive populations, that pertain to the characterization of the facility or vessel or support the analysis of potential remedial action alternatives;(8) The actual or potential affect of the release on natural resources and the environment, especially sensitive habitats and critical habitats of species protected under chapter 195D, HRS. This should include a survey of the area affected by the release to determine if natural resources are, or potentially may be, affected;(9) The feasibility of conducting a removal action; and(10) The range of remedial action alternatives.(e) Remedial investigation termination. A remedial investigation may be terminated when the department determines that: (2) The source of the release is determined not subject to chapter 128D, HRS?(3) The release does not involve a hazardous substance, pollutant, or contaminant that may present a substantial endangerment to public health, welfare, or the environment;(4) The amount, quantity, or concentration of a hazardous substance, pollutant, or contaminant released does not warrant a response; or(5) The remedial investigation is completed.[Eff. AUG 17 1995] (Auth: HRS §§ 128D-7, 128D-14) (Imp: HRS §§ 128D-7, 128D-14)