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,".EO-95-007=pp <br /> n <br /> Section 25356.1 (c) provides that DTSC or RWQCBs may, upon request <br /> of the RP, prepare or approve RAPS for sites that are not listed <br /> pursuant to section 2535.6. <br /> Section 25356 .1 (d) requires that all RAPS be based upon section <br /> 25350, the National Oil and Hazardous Substances Pollution <br /> Contingency Plan (NCP) (40 Code of Federal Regulations, 300 .400 <br /> et seq. ) , and upon all the factors contained in <br /> section 25356.1 (d) (1) through (6) . The NCP identifies nine <br /> criteria to be employed when selecting among remedial actions <br /> identified in the feasibility study, and section 25356.1 (d) (1) (6) <br /> identifies six additional State factors. <br /> Section 25356.1 (e), outlines the requirement for a Statement of <br /> - Reason (SOR) , which sets forth the basis for the removal/remedial <br /> actions selected. The SOR. must contain an evaluation of each <br /> alternative considered for the site. The SOR must include a <br /> statement regarding consistency of the proposed removal/remedial <br /> actions with the NCP and factors specified in section 25356.1 (d) , <br /> and. shall set forth the reasons for rejecting alternative removal <br /> and remedial actions. The SOR must also include a Nonbinding <br /> Preliminary Allocation of Responsibility (NEAR) among. all <br /> identifiable PRPs for a site. Section 25356.1 (e) also defines <br /> the requirements for public notice and dissemination during the <br /> RAP review process. (See Appendix II . ) <br /> Section 25356 1 (f) requires DTSC or RWQCBs to review and consider <br /> any public comments and revise the draft RAP, as appropriate. <br /> _Section 25356 . 1 (q) (1) (2) and (3) provide Potentially <br /> Responsible Parties (PRPs) and others who have a right to seek <br /> judicial review with legal requirements for seeking judicial <br /> review of the final RAP. The filing of a petition for writ of <br /> mandate to review the final RAP shall not stay any removal or <br /> remedial action specified in the final RAP, and for purposes of <br /> the judicial review, the court shall uphold the final RAP if the <br /> plan .is based upon substantial evidence in the administrative <br /> record. This subdivision does not prohibit the court from <br /> granting relief within its jurisdiction. <br /> Section-2535a . 7 requires DTSC or RWQCBs to provide the public an <br /> opportunity to participate in the DTSC's/RWQCBs' decision-making <br /> process through specified actions. <br /> Although the California Environmental Quality Act (CEQA) (Public <br /> Resources Code 21000 et seq. ) is not a specific requirement of <br /> the RAP process, it may require a separate analysis of the <br /> Proposed remedial action as a project if the Department is the <br /> lead agency. The objective of the CEQA analysis is to determine <br /> if remedial actions may cause a significant adverse impact on the <br /> environment and, if so, to propose feasible mitigation measures. <br /> 2 11/16/95 <br />