Department of Health Seal

TGM for the Implementation of the Hawai'i State Contingency Plan
Section 19.4

19.4 No Further Active Remediation Letter

A No Further Active Remediation Letter is available for contaminated sites where potentially significant, environmental concerns remain but active remediation (e.g., excavation, soil vapor extraction, etc.) is no longer practical. This type of letter is often used when further excavation can jeopardize the structural integrity of buildings. If needed, a letter may be requested from the HEER Office indicating that No Further Active Remediation is required at such a site.

A No Further Active Remediation status is not considered a type of site closure. The case will remain "open" in the HEER Office site records. The letter is intended to clarify that all major cleanup actions have been completed at the site, but significant contamination remains and the site has moved into a status of long-term monitoring and management. This status may be helpful to site owners, financial institutions, and potential purchasers to establish the "environmental liability" of a site with remaining contamination prior to formal site closure. The No Further Active Remediation letter may also contain conditions of further work when (or if) the site is redeveloped. The need for on-going groundwater monitoring or soil gas monitoring may indicate a No Further Active Remediation Letter is not yet appropriate.

An EHE must be prepared to document and assess the remaining contamination. An EHMP must be prepared to manage the contamination, engineering controls, and/or institutional controls. The EHMP must include a description of conditions that must be met before the site can be formally closed with status of either No Further Action or a No Further Action with Restrictions.

Additional information regarding No Further Active Remediation letters is presented in HDOH guidance on Long-Term Management of Petroleum-Contaminated Soils and Groundwater (HDOH, 2007c; included as Appendix 19-A). This document outlines procedures for long-term management of residual petroleum contamination where a full cleanup is not practicable. The guidance document includes discussion and figures providing decision trees to address long-term oversight of residual petroleum contamination.