310 CMR, § 19.105 - Equivalency Review Standards and Procedures

(1) Where specific sections of 310 CMR 19.100 through 19.204 permit the submission of design alternatives, the following equivalency review standards and procedures apply.

(2) A person requesting an alternative under 310 CMR 19.105 shall submit a request to the Department in writing. The request shall:

(a) identify the specific regulation for which the equivalent alternative is sought; and

(b) demonstrate, through supporting technical documentation, site specific analysis and quality assurance/quality control procedures, that the requested alternative to the design requirements in a section of the regulations will, for the life of facility operations, closure and post-closure maintenance achieve the performance standards in that section, and will do so in a manner that is equivalent or superior to the design requirements in that section.

(3) No equivalency alternative will be approved unless the Department determines that:

(a) the application is complete and accurate;

(b) the proposed alternative will, for the life of facility operations, closure and post-closure maintenance achieve the performance standards of the appropriate section of the regulations and will do so in a manner that is equivalent or superior to the design standards in that section;

(c) the proposed alternative will ensure protection of public health, safety or the environment;

(d) utilizes materials, technologies or methodologies that are clearly demonstrated to have been successful in similar applications; and

(e) can utilize acceptable quality assurance and quality control (QA/QC) methods to monitor construction and performance as approved by the Department.

(4) In lieu of approving an equivalency alternative for the entire facility where the equivalency alternative does not meet the criterion established at 310 CMR 19.105(3)(d), the Department may approve an equivalent alternative for a part of the site as a demonstration project as provided for in 310 CMR 19.062: Demonstration Projects or Facilities.

Notes

310 CMR, § 19.105