OAR 340-122-0252: Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies

(1) The Department may identify or develop generic remedies for releases from petroleum UST systems. (a) For purposes of this rule, a generic remedy may include: (A) Generic risk-based concentrations for use in closure of low-impact sites, or remediation under a corrective action plan; and (B) Remedial technologies or methods for use at eligible sites on a streamlined basis. (b) A generic remedy must describe criteria making sites eligible for use of the generic remedy. (c) Any generic remedy that allows for implementation of specified remedial measures (e.g., treatment technologies, excavation and off-site disposal, engineering controls, institutional controls) must be based on a generic feasibility study evaluating a range of potential remedial measures providing protection of human health and the environment and protection or restoration of beneficial uses of waters. (d) Any generic remedy that includes risk-based concentrations must be based on a generic risk assessment documenting the Department’s conclusions with respect to how sites eligible for use of the generic remedy will achieve acceptable risk levels. (2) In developing generic remedy guidance, the Department will provide opportunities for public participation regarding the scope and content of the guidance. (3) The Department may approve use of a generic remedy at a site if site-specific information demonstrates that the proposed generic remedy or the completed generic remedy as implemented at the site is consistent with Department generic remedy guidance.