reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0926 - Identification of Exposure Point Concentrations and Other Data Criteria

Current through Register 1525, July 5, 2024
(1) For
				each oil and/or hazardous material in each medium at each Exposure Point, an
				Exposure Point Concentration shall be identified and documented.
(2) Exposure Point Concentrations shall be
				determined or estimated in a manner consistent with the type and method of Risk
				Characterization which is being performed and shall be based on a
				representative data set that adequately characterizes site conditions at the
				Exposure Point as described in 310 CNR 40.0924.
(3) Except as provided in
				310
				CMR 40.0926(4), analytical
				data from the Exposure Point, as described in
				310
				CMR 40.0924, shall be the primary line of
				evidence for the determination of Exposure Point Concentrations.
(4) Except as otherwise specified at
				310
				CMR 40.0926(9), fate and
				transport models may be used in conjunction with other site information and
				data or in cases where direct sampling of a medium of concern is not possible
				or appropriate. Such models shall be clearly documented and supported by
				evidence demonstrating the model's predictive performance, and shall
				incorporate input parameters to provide a conservative estimate of the Exposure
				Point Concentration.
(5) In
				estimating Exposure Point Concentrations, the objective shall be to identify a
				conservative estimate of the mean concentration contacted by a receptor at each
				Exposure Point over the relevant exposure period.
(6) Maximum concentrations shall be used to
				estimate an Exposure Point Concentration under the following conditions:
(a) evaluations of acute exposures;
(b) screening assessments that evaluate
				maximum exposure potential to streamline the assessment process; or
(c) as otherwise provided in
				310
				CMR 40.0900.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0931 - Purpose

Current through Register 1525, July 5, 2024
Categories of groundwater and soil have been established by
				  the Department for use in the characterization of risk posed by disposal sites.
				  The documentation of a Risk Characterization shall support the categorization
				  of the groundwater and soils at the disposal site.
(1) The groundwater and soil categories shall
				be used to determine the applicability of the groundwater and soil standards
				listed in
				310
				CMR 40.0974(2),
				40.0975(6)(a), (b) and
				(c), and
				40.0985(6) 
				when Methods 1 or 2 are used to characterize risk.
(2) The groundwater categories shall be used
				to identify applicable or suitably analogous standards as described in
				310
				CMR 40.0993(3), when Method
				3 is used to characterize risk.
(3)
				The groundwater and soil categories shall be considered in determining the need
				for Activity and Use Limitations as part of a Permanent or Temporary
				Solution.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0932 - Identification of Applicable Groundwater Categories

Current through Register 1525, July 5, 2024
(1) The groundwater categories describe the
				potential for three different types of exposure. More than one category may
				apply to a single disposal site. In such cases all applicable categories shall
				be identified.
(2) Groundwater at
				all disposal sites shall be considered a potential source of discharge to
				surface water and shall be categorized, at a minimum, as category GW-3. The
				site, receptors, and exposure information identified in
				310
				CMR 40.0904 through
				310
				CMR 40.0929 shall be used in conjunction with
				the criteria listed below to determine if the groundwater shall also be
				categorized as GW-1 and/or GW-2.
(3) The appropriate groundwater category
				shall be identified for both:
(a) groundwater
				currently affected by the release of oil and/or hazardous materials, and
(b) any area to which the
				groundwater affected by the release is expected to migrate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0933 - Identification of Applicable Soil Categories

Current through Register 1525, July 5, 2024
Soil shall be classified as either category S-1, S-2 or S-3.
				  The site, receptor and exposure information identified in
				  310
				  CMR 40.0904 through
				  310
				  CMR 40.0929, considering both the current and
				  reasonably foreseeable Site Activities and Uses identified in
				  310
				  CMR 40.0923, shall be used in conjunction
				  with the criteria listed below to categorize the soil.
(1) The soil categories shall be applicable
				to specific volumes of soil which shall be described in written and graphic
				form in the documentation of the Risk Characterization.
(2) The three soil categories describe a
				range of the potential for exposure to that soil: Category S-1 soils are
				associated with the highest potential for exposure, Category S-3 soils have the
				lowest potential for exposure. While one and only one category is applicable to
				a specified volume of soil, soils in different areas of a disposal site may be
				classified in different categories, depending upon their exposure
				potential.
(3) The Table in 310 CMR
				40.0933(9) contains a matrix summarizing the criteria used to categorize
				soil.
(4) For the purpose of soil
				categorization, the potential for exposure is described by a qualitative
				analysis of the accessibility of the soil in combination with the information
				about the Site Activities and Uses determined pursuant to
				310
				CMR 40.0923. The following definitions shall
				be used to describe exposure potential for the purposes of categorizing soil:
(a)
Frequency of Use
shall indicate how often a receptor makes use of, or has access to, the
				disposal site. Receptor access to and use of the areas around the disposal site
				are often strong indicators of potential site access and thus should be
				considered in determining frequency of use for the site under investigation.
				Frequency of use shall be described as either "High", "Low" or "Not Present",
				using the following criteria:
1. Children's
				frequency of use shall be characterized as high if:
a. any children reside, attend school or
				attend day care at the disposal site; or
b. large numbers of children visit the
				disposal site, regardless of any one child's frequency of visitation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0941 - Approaches to Characterizing Risk of Harm

Current through Register 1525, July 5, 2024
Several approaches may be employed to characterize the risk
				  of harm to health, safety, public welfare and the environment. The specific
				  Risk Characterization approach used shall depend upon the nature of the risk
				  being assessed, the response action being performed and the nature of the
				  disposal site.
(1) The methodology
				used to evaluate site conditions which may pose an Imminent Hazard is described
				in 310 CMR 40.0950 through
				40.0959. This methodology
				shall be used to determine if notification is required pursuant to
				310
				CMR 40.0321, and if an Immediate Response
				Action is required by
				310
				CMR 40.0411 through
				310
				CMR 40.0429 to abate, prevent, or eliminate
				an Imminent Hazard.
(2) The
				methodology used to evaluate the risk of harm to safety shall be as described
				in 310 CMR 40.0960. A
				characterization of the risk of harm to safety is required at all disposal
				sites to determine the need for a response action or to demonstrate that a
				level of no significant risk of harm to safety exists or has been
				achieved.
(3) One of the following
				three options shall be used to determine the need for a remedial action or to
				demonstrate that a level of no significant risk of harm to health, public
				welfare and the environment exists or has been achieved:
(a) the characterization of the risk through
				the use of promulgated standards (hereafter referred to as
Method
				1
), described in
				310
				CMR 40.0970 through
				310
				CMR 40.0979; or
(b) the characterizations of risk through the
				application of promulgated standards supplemented by site-specific information,
				described in
				310
				CMR 40.0980 through
				310
				CMR 40.0989 (hereafter referred to as
Method 2
); or
(c) the characterizations of risk through the
				application of site-specific methodologies, described in
				310
				CMR 40.0990 through
				310
				CMR 40.0999 (hereafter referred to as
Method 3
).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0942 - Selection of Method to Characterize the Risk of Harm to Health, Public Welfare and the Environment

Current through Register 1525, July 5, 2024
The three Methods for Risk Characterization described in
				  310
				  CMR 40.0941(3)  have been
				  developed to provide a range of approaches which vary in detail and
				  circumstances of use, each of which provides equivalent levels of protection to
				  health, public welfare and the environment. Any of the three Risk
				  Characterization Methods may be employed at a disposal site, subject only to
				  the following limitations:
(1) Method
				1 relies upon the use of numerical standards for chemicals in groundwater and
				soil to characterize risk of harm to health, public welfare and the
				environment. These standards are referred to as "MCP Method 1 Standards", and
				are listed in
				310
				CMR 40.0970 through
				310
				CMR 40.0979. Method 1 shall only be used to
				characterize risk at a disposal site if there is a promulgated MCP Method 1
				Standard for each oil and hazardous material of concern at the disposal site.
(a) If no MCP Method 1 Standard has been
				promulgated for one or more oil or hazardous material in soil or groundwater at
				the disposal site, then the following options are available:
1. The RP, PRP or Other Person may develop
				such standards under Method 2. Such standards may be used alone or in
				combination with other MCP Method 1 Standards to characterize risk at the
				disposal site. A combined Method 1 and Method 2 approach shall be considered a
				Method 2 Risk Characterization; or
2. Method 3 alone may be used to characterize
				risk at the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0951 - Purpose and Scope of Imminent Hazard Evaluations

Current through Register 1525, July 5, 2024
(1) The site shall be evaluated to determine
				if an Imminent Hazard exists in accordance with
				310
				CMR 40.0000. The decision to conduct a
				quantitative Imminent Hazard Evaluation shall use the Response Action
				Performance Standard (RAPS) described in
				310
				CMR 40.0191, and consider the location and
				nature of the oil and/or hazardous material, the Human or Environmental
				Receptors which may be exposed, and appropriate guidance published by the
				Department.
(2) If the results of
				this assessment indicate that the conditions at the site pose an Imminent
				Hazard based upon the criteria described in
				310
				CMR 40.0955, the Department shall be notified
				in accordance with
				310
				CMR 40.0311(7). Subsequent
				assessments performed as part of an Immediate Response Action shall consider
				the weight of evidence indicating the potential for an Imminent Hazard when
				making the evaluations described in
				310
				CMR 40.0426.
(3) Notwithstanding the provisions of
				310
				CMR 40.950, the concentration of each oil or
				hazardous material present in a system of water supply used by a public water
				system, as defined in
				310 CMR
				22.00:
Drinking Water
, shall not pose
				an Imminent Hazard or Substantial Hazard for current conditions if the public
				water system is in compliance with all applicable provisions of
				310 CMR
				22.00:
Drinking Water
and any other
				requirements specified by the Department pursuant to its authority under M.G.L.
				c. 111, § 160, and
				310 CMR
				22.00:
Drinking Water
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0953 - Exposures to be Considered in Imminent Hazard Evaluations

Current through Register 1525, July 5, 2024
The focus of an Imminent Hazard Evaluation shall be on actual
				  or likely exposures to Human and Environmental Receptors under current site
				  conditions, considering the current use(s) of the disposal site and the
				  surrounding environment, and considering an appropriate short period of
				  time.
(1) The short period of time
				considered in the evaluation shall be five years, unless site circumstances
				indicate that a shorter time period is appropriate. The specific time period
				shall be selected in consideration of the nature of the hazard under
				investigation and the projected time until a Comprehensive Response Action
				could be completed, in order to determine the need for an Immediate Response
				Action.
(2) For the evaluation of
				soil-related exposures, the levels of oil and/or hazardous material at the
				ground surface or within 12 inches of the ground surface shall be considered in
				the development of the Exposure Point Concentrations.
(3) For the evaluation of drinking water
				exposures, the levels of oil and/or hazardous material in the groundwater or
				surface water which serves as the source of the drinking water shall be
				considered in the development of the Exposure Point Concentrations.
(4) Hot Spots shall be the primary, but not
				exclusive, focus of an Imminent Hazard Evaluation, provided that they are
				located in areas of actual or likely human exposure under current site
				conditions.
(5) If a small subset
				of oil and/or hazardous material are likely to dominate the risk estimates
				based upon their concentration and toxicity, then the Imminent Hazard
				Evaluation may be limited to those chemicals.
(6) As indicated by the site conditions, the
				Imminent Hazard Evaluation shall consider acute, subchronic and/or chronic
				exposures to the oil and/or hazardous material. The Exposure Point
				Concentrations shall be developed to reflect the type of exposure being
				evaluated. The use of upper percentile or maximum concentrations may be
				appropriate for certain evaluations, and shall be considered as described at
				310
				CMR 40.0926.
(7) The Imminent Hazard Evaluation shall be
				conducted in a manner which results in conservative estimates of potential
				exposures.
(8) The documentation of
				the Imminent Hazard Evaluation shall clearly identify and explain the basis for
				exposure parameters chosen for the Risk Characterization.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0955 - Imminent Hazard Risk Characterization and Outcome

Current through Register 1525, July 5, 2024
Risk Characterizations for Imminent Hazard Evaluations shall
				  be conducted separately for safety, human health, and the environment,
				  depending on the type of condition that triggered the need for the evaluation,
				  in accordance with the following methods:
(1) The characterization of the risk of harm
				to safety shall be conducted as described in
				310
				CMR 40.0960. The conditions at the disposal
				site pose an Imminent Hazard based on safety concerns if a condition of no
				significant risk to safety has not been achieved at the disposal site under
				conditions which actually exist or are about to occur.
(2) The characterization of the risk of harm
				to human health shall be conducted using Method 3, as described in
				310
				CMR 40.0993.
(a) The toxicity information used to
				characterize risk shall be consistent with the type and duration of exposure
				under evaluation, and shall be clearly identified and documented. Primary
				consideration shall be given to information developed by the Massachusetts
				Department of Environmental Protection for the purpose of conducting such risk
				assessments. Examples of such toxicity information include:
1. Reference Doses and Reference
				Concentrations; and
2. Carcinogenic
				Slope Factors and Unit Risk values.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0956 - Substantial Hazard Evaluation

Current through Register 1525, July 5, 2024
(1) The
				focus of a Substantial Hazard Evaluation shall be on possible exposures to
				Human and Environmental Receptors, considering the current use(s) of the
				disposal site and the surrounding environment and, where applicable, any
				Activity and Use Limitation for the site. A Substantial Hazard Evaluation shall
				not include fish consumption where a fish advisory has been put in place by the
				Commonwealth of Massachusetts or the federal government and the public is fully
				informed of the advisory by signage and/or other communication media.
(a) A condition of No Substantial Hazard to
				Health would exist if, for an appropriate Exposure Period, no Cumulative
				Receptor Cancer Risk and no Cumulative Receptor Noncancer Risk is greater than
				the Cumulative Receptor Risk Limits specified at
				310
				CMR 40.0993(6);
(b) The period of exposure to be considered
				shall be equal to or greater than the time from Notification to the date that
				the Substantial Hazard evaluation is conducted, plus five years; and
(c) A quantitative evaluation of human health
				risk is not required if there is no current exposure to oil and/or hazardous
				material at the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0960 - Characterization of Risk to Safety

Current through Register 1525, July 5, 2024
(1) The
				risk of harm to safety shall be characterized based on the data collected
				pursuant to the response action being performed and the site, receptor, and
				exposure information identified in
				310
				CMR 40.0904 through
				310
				CMR 40.0933.
(2) The risk of harm to safety shall be
				characterized by comparing current and reasonably foreseeable conditions at the
				disposal site and in the surrounding environment to applicable or suitably
				analogous safety standards.
(3) A
				level of no significant risk to safety exists or has been achieved if the
				conditions at the disposal site which are related to a release of oil and/or
				hazardous material do not currently and will not in the foreseeable future pose
				a threat of physical harm or bodily injury to people. Such release-related
				conditions may include, but are not limited to:
(a) the presence of rusted or corroded drums
				or containers, open pits, lagoons or other dangerous structures;
(b) any threat of fire or explosion,
				including the presence of explosive vapors resulting from a release of oil
				and/or hazardous material; and
(c)
				any uncontained materials which exhibit the characteristics of corrosivity,
				reactivity or flammability described at
				310
				CMR 40.0347.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0971 - Applicability of Method 1

Current through Register 1525, July 5, 2024
(1) Method 1 may be
				used to characterize the risk of harm to health, public welfare and the
				environment at disposal sites where assessments conducted in accordance with
				310
				CMR 40.0000 have determined that the presence
				of oil and/or hazardous material is limited to soil and/or
				groundwater.
(2) If contamination
				is present in one or more environmental media other than soil or groundwater,
				Method 1 shall not be used, except as described in
				310
				CMR 40.0942(1)(b).
				Persistent odors in ambient or indoor air resulting from a release of oil
				and/or hazardous material to the environment shall prohibit the use of Method
				1, except as described in
				310
				CMR
				40.0942(1)(b)1.
(3) If oil or hazardous material that are
				known to bioaccumulate are present within two feet of the ground surface, and
				Environmental Receptors have been identified pursuant to
				310
				CMR 40.0922, then Method 1 shall not be used,
				except as described in
				310
				CMR 40.0942(1)(c).
(4) The documentation of the Risk
				Characterization shall affirm and document the applicability of Method 1 to the
				disposal site.
(5) A Method 1 Risk
				Characterization shall be conducted in combination with a separate
				characterization of the risk of harm to safety, as described in
				310
				CMR 40.0960.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0972 - General Approach to Method 1

Current through Register 1525, July 5, 2024
A Method 1 Risk Characterization compares the conditions at
				  the disposal site to promulgated MCP Method 1 Standards. Each list of
				  groundwater and soil standards has been developed by the Department considering
				  a defined set of exposures considered to be a conservative estimate of the
				  potential exposures at most sites. The exposures assumed by the Department
				  correspond to the groundwater and soil categories described in
				  310
				  CMR 40.0932 and
				  310
				  CMR 40.0933. The Exposure Points and Exposure
				  Point Concentrations shall be identified in a manner consistent with those
				  categories, such that the concentrations of oil and/or hazardous material
				  detected in soil and groundwater shall be compared directly to the MCP Method 1
				  Standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0973 - Method 1 Risk Characterization

Current through Register 1525, July 5, 2024
Under Method 1, the risk of harm to health, public welfare
				  and the environment shall be characterized as follows:
(1) The Method 1 Risk Characterization shall
				evaluate each current and reasonably foreseeable Site Activity and Use
				identified pursuant to
				310
				CMR 40.0923.
(2) The groundwater and soil categories
				determined for the site in
				310
				CMR 40.0932 and
				310
				CMR 40.0933 shall be identified and
				documented.
(3) The Exposure
				Point(s) in groundwater and soil for all current and reasonably foreseeable
				Site Activities and Uses shall be identified and documented as described in
				310
				CMR 40.0924.
(4) The MCP Method 1 Standards assume
				exposure to the concentrations of oil and/or hazardous material in the soil and
				groundwater under current or foreseeable future conditions. For the Exposure
				Point Concentrations to be directly comparable to the MCP Method 1 Standards,
				they shall:
(a) be determined for each oil
				and/or hazardous material at each Exposure Point as described in
				310
				CMR 40.0926; and
(b) be representative of the actual
				concentration of oil and/or hazardous material at that Exposure Point,
				unmodified by other exposure assumptions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0981 - Applicability of Method 2

Current through Register 1525, July 5, 2024
Method 2 may be used to characterize the risk of harm to
				  health, public welfare and the environment at disposal sites where site
				  investigations conducted in accordance with
				  310
				  CMR 40.0000 have determined that the release
				  of oil and/or hazardous material is limited to soil and/or groundwater. If
				  contamination is present in one or more environmental media other than soil or
				  groundwater, Method 2 shall not be used, except as described in
				  310
				  CMR 40.0942(2). A Method 2
				  Risk Characterization shall be conducted in combination with a separate
				  characterization of the risk of harm to safety, as described in
				  310
				  CMR 40.0960.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0982 - General Approach to Method 2

Current through Register 1525, July 5, 2024
A Method 2 Risk Characterization supplements and modifies the
				  MCP Method 1 Standards with site-and chemical-specific information. For the
				  purposes of
				  310
				  CMR 40.0000, "MCP Method 2 Standards" shall
				  refer to the MCP Method 1 Standards which have been modified to address
				  site-specific conditions as described in 310 CMR 40.0982. Site conditions are
				  then compared to such MCP Method 2 Standards, in the same manner that MCP
				  Method 1 Standards are used under
				  310
				  CMR 40.0973, to characterize the risk of harm
				  to health, public welfare and the environment.
(1) MCP Method 1 GW-1 Standards shall not be
				modified in Method 2. These standards are listed in
				310
				CMR 40.0974(2).
(2) The component of the MCP Method 1 Soil
				Standards which is protective of direct contact exposures to the soil shall not
				be modified in Method 2. These standards are listed in
				310
				CMR 40.0985(6).
(3) The following information may be used
				under Method 2 to modify the Method 1 Standards:
(a) MCP Method 2 Groundwater and Soil
				Standards may be developed for chemicals for which MCP Method 1 Standards have
				not been promulgated by the Department. This process is described in
				310
				CMR 40.0983 and
				310
				CMR 40.0984.
(b) Site-specific information may be used to
				either modify the leaching component of the MCP Method 1 Soil Standards or to
				demonstrate that a contaminant will not leach to groundwater. The incorporation
				of such site-specific information will result in MCP Method 2 Soil Standards or
				a determination that the leaching component of one or more Method 1 soil
				standard is not applicable. These site-specific modifications are described in
				310
				CMR 40.0985.
(c) Site-specific information may be used to
				either modify the MCP Method 1 GW-2 Standards, which model potential
				volatilization of oil and/or hazardous material to indoor air, or to
				demonstrate that such vapor infiltration will not occur. The incorporation of
				such site-specific information will result in MCP Method 2 GW-2 Standards or a
				determination that one or more Method 1 GW-2 standard is not applicable at this
				site. These site-specific modifications are described in
				310
				CMR 40.0986.
(d) Site-specific information may be used to
				either modify the MCP Method 1 GW-3 Standards, which are set to be protective
				of potential discharges of oil and/or hazardous material to surface water, or
				to demonstrate that such discharges will not occur. The incorporation of such
				site-specific information will result in MCP Method 2 GW-3 Standards or a
				determination that one or more Method 1 GW-3 standard is not applicable. These
				sitespecific modifications are described in
				310
				CMR 40.0987.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0985 - Determination of Method 2 Soil Standards Considering Leaching Potential

Current through Register 1525, July 5, 2024
MCP Method 1 Soil Standards consider both the risks
				  associated with direct contact with the contaminated soil and the potential for
				  the oil and/or hazardous material to leach to groundwater. The leaching
				  component of the MCP Method 1 Soil Standards can be modified or eliminated in
				  Method 2 considering site-specific information. The direct contact-exposure
				  component of the standard shall not be adjusted in this Method.
(1) The development of alternative
				leaching-based soil concentrations or the determination that leaching-based
				concentrations are not applicable shall be based upon information which is
				scientifically justified and completely documented.
(2) When developing alternative
				leaching-based concentrations in soil, alternative values shall be developed
				for each oil and hazardous material and for each applicable groundwater
				category. Demonstrations that the leaching-based component of the Method 1 soil
				standards is not applicable may be made on a chemical-by-chemical basis or for
				the site as a whole, depending upon the information relevant to that
				determination.
(3) The following
				methods may be used to demonstrate that the concentrations of oil and/or
				hazardous material in soil at the disposal site now and in the foreseeable
				future will result in compliance with all applicable MCP Method 1 or 2
				Groundwater Standards:
(a) transport and fate
				modeling that incorporates site-specific information on source mass and
				subsurface hydrogeological conditions; and/or
(b) laboratory tests that demonstrate, under
				site conditions, the oil and/or hazardous material in the soil will not leach
				to groundwater at levels which exceed the applicable MCP Method 1 or 2
				Groundwater Standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0986 - Determination of Method 2 GW-2 Standards

Current through Register 1525, July 5, 2024
(1)
				MCP Method 1 GW-2 Standards consider the potential for oil and/or hazardous
				material to volatilize from the groundwater and migrate to indoor air. These
				standards may be modified under Method 2, or a determination may be made that
				one or more GW-2 standards are not applicable, based upon site-specific
				conditions. Modifications of a standard will result in a proposed MCP Method 2
				GW-2 Standard. Proposed Method 2 standards or the determination that one or
				more GW-2 standards are not applicable shall be scientifically justified and
				sufficiently documented to demonstrate that the Response Action Performance
				Standard, described in
				310
				CMR 40.0191 has been met.
(2) An MCP Method 2 GW-2 Standard shall be
				protective of migration of oil and/or hazardous material into indoor air. The
				presence of oil and/or hazardous material in the groundwater at the proposed
				MCP Method 2 GW-2 Standard below or near a building shall not result in indoor
				air concentrations which pose a significant risk of harm to health, public
				welfare or the environment. The MCP Method 2 GW-2 Standard may be greater or
				less than the corresponding MCP Method 1 GW-2 Standard, or it may be determined
				that the Method 1 Standard is not applicable, based upon site-specific
				conditions. The development of such standards shall be documented by:
(a) site-specific information on source,
				hydrogeological, and building conditions which demonstrates that the oil and/or
				hazardous material in the groundwater will not infiltrate to indoor air and
				result in significant risk of harm to health, public welfare or the
				environment; and/or
(b) soil gas
				characterization data, indoor air characterization data, and other information
				and data resulting from field investigation conducted at and proximate to the
				disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0987 - Determination of MCP Method 2 GW-3 Standards

Current through Register 1525, July 5, 2024
(1) MCP Method 1 GW-3 Standards consider
				potential migration of oil and/or hazardous material to surface water. These
				standards may be modified under Method 2 based upon sitespecific conditions to
				develop MCP Method 2 GW-3 Standards or it may be determined that a discharge to
				surface water will not occur. The proposed Method 2 modification shall be
				scientifically justified and sufficiently documented to demonstrate that the
				Response Action Performance Standard, described in
				310
				CMR 40.0191, has been met.
(2) An MCP Method 2 GW-3 standard or
				determination shall be protective of migration of oil and/or hazardous material
				into surface waters and wetlands. The presence of an oil and/or hazardous
				material in the groundwater must not result in concentrations in a surface
				water or wetland which would pose a significant risk of harm to health, public
				welfare or the environment. The MCP Method 2 GW-3 Standard may be greater or
				less than the corresponding MCP Method 1 GW-3 Standard, or it may be determined
				that the Method 1 GW-3 standard is not applicable, considering site-specific
				conditions. The development of such standards or such a determination shall be
				documented by:
(a) transport and fate modeling
				that incorporates site-specific information on the source and subsurface
				hydrological conditions, and which demonstrates that the release will not
				result in concentrations of oil and/or hazardous material in the receiving
				surface water which exceed any applicable or suitably analogous standards
				described in
				310
				CMR 40.0993(3), and which do
				not otherwise result in a significant risk of harm to health, safety, public
				welfare or the environment; and/or
(b) long-term groundwater monitoring which
				demonstrates that the release will not result in concentrations of oil and/or
				hazardous material in the receiving surface water which exceed any applicable
				or suitably analogous standards described in
				310
				CMR 40.0993(3), and which do
				not otherwise result in a significant risk of harm to health, safety, public
				welfare or the environment. The duration of required monitoring would depend on
				the source mass, the mobility of the oil and/or hazardous material, and
				subsurface conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0988 - Method 2 Risk Characterization

Current through Register 1525, July 5, 2024
(1) When
				conducting a Method 2 Risk Characterization, the risk of harm to health, public
				welfare and the environment shall be characterized using the methodology
				described in
				310
				CMR 40.0970 (Risk Characterization Method 1),
				and any applicable MCP Method 1 Standards in combination with one or more MCP
				Method 2 Standards identified pursuant to
				310
				CMR 40.0980.
(2) A condition of no significant risk of
				harm to health, safety, public welfare and the environment exists if no
				Exposure Point Concentration is greater than the applicable MCP Method 1 and
				Method 2 Soil or Groundwater Standard. If the Method 1 or Method 2 Soil or
				Groundwater Standard for Total Petroleum Hydrocarbon is exceeded, a condition
				of No Significant Risk shall still be considered to exist if the Exposure Point
				Concentrations of the Aliphatic and Aromatic Hydrocarbon Fractions comprising
				the TPH are less than or equal to the applicable Method 1 or Method 2 Soil and
				Groundwater Standards.
(3) The
				documentation of the Method 2 Risk Characterization shall clearly state whether
				or not a condition of no significant risk of harm to health, public welfare or
				the environment exists or has been achieved at the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0991 - Applicability of Method 3

Current through Register 1525, July 5, 2024
Method 3 may be used to characterize the risk of harm to
				  health, public welfare and the environment for any disposal site. In a Method 3
				  Risk Characterization, the risks of harm to health, public welfare and the
				  environment are evaluated separately.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0992 - General Approach to Method 3

Current through Register 1525, July 5, 2024
Method 3 relies upon detailed information about the site, the
				  oil and/or hazardous material, and potential exposures to Human and
				  Environmental Receptors under all current and reasonably foreseeable Site
				  Activities and Uses to characterize the risk of harm. The scope and level of
				  effort of the Method 3 Risk Characterization shall reflect the site-specific
				  nature of this Method, and the information used to characterize the risk shall
				  be sufficiently documented to demonstrate that the Response Action Performance
				  Standard, described in
				  310
				  CMR 40.0191, has been met.
(1) The Method 3 Risk Characterization shall
				be performed in a manner consistent with scientifically acceptable risk
				assessment practices, and consider guidance published by the Department and
				EPA.
(2) In performing a Method 3
				Risk Characterization, the objective shall be to provide a conservative
				estimate of the impact that the oil and/or hazardous material may have on the
				Human and Environmental Receptors at the disposal site and in the surrounding
				environment.
(3) This Risk
				Characterization process makes use of existing standards, Method 3 Ceiling
				Limits in Groundwater and Soil, quantitative estimates of cancer and non-cancer
				health risks, and both quantitative and qualitative evaluations of risk to
				public welfare and the environment to determine the need for a remedial action
				or to demonstrate that a condition of No Significant Risk exists or has been
				achieved.
(a) The Method 3 characterization of
				the risk of harm to human health is described in
				310
				CMR 40.0993.
(b) The Method 3 characterization of the risk
				of harm to public welfare is described in
				310
				CMR 40.0994.
(c) The Method 3 characterization of the risk
				of harm to the environment is described in
				310
				CMR 40.0995.
(d) The list of Method 3 Ceiling Limits in
				Groundwater and Soil is in
				310
				CMR 40.0996(7).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0993 - Method 3 Human Health Risk Characterization

Current through Register 1525, July 5, 2024
Under Method 3, the risk of harm to human health shall be
				  characterized for all current and reasonably foreseeable Site Activities and
				  Uses identified in
				  310
				  CMR 40.0923, as follows:
(1) The site, receptor and exposure
				information described in
				310
				CMR 40.0901 through
				310
				CMR 40.0920 shall be identified and
				documented.
(2) The groundwater and
				soil categories applicable to the disposal site shall be identified and
				documented, as described in
				310
				CMR 40.0930. The groundwater and soil
				categories shall be considered as general indicators of exposure potential in a
				Method 3 evaluation.
(3) All
				applicable or suitably analogous health standards shall be identified in the
				documentation of the Method 3 Risk Characterization. The MCP Method 1
				Groundwater and Soil Standards listed in
				310
				CMR 40.0970 are not considered applicable or
				suitably analogous, as those standards represent an alternative approach to
				Method 3. The list of potentially applicable or suitably analogous standards
				includes, but is not limited to:
(a)
				Massachusetts Drinking Water Quality Standards promulgated in
				310 CMR
				22.00:
Drinking Water
, including the
				requirements described at
				310
				CMR 22.03(8), which are
				considered applicable to all category GW-1 groundwater;
(b) Massachusetts Air Quality Standards
				promulgated in
				310 CMR
				6.00:
Ambient Air Quality Standards for the
				Commonwealth of Massachusetts
; and
(c) Massachusetts Surface Water Quality
				Standards promulgated in
				314 CMR
				4.00:
Massachusetts Surface Water Quality
				Standards
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0996 - Method 3 Ceiling Limits

Current through Register 1525, July 5, 2024
(1) Method 3
				Ceiling Limits (M3CLs) are concentrations of oil and/or hazardous material in
				soil or groundwater at the disposal site which, if exceeded under the
				conditions specified in 310 CMR 40.0996, constitute a significant risk of harm
				to public welfare and the environment under future conditions.
(2) Characterization of risk of harm to
				public welfare and the environment shall in all cases include, but not
				necessarily be limited to, comparison of concentrations of oil and/or hazardous
				material in soil and groundwater at the disposal site with Method 3 Ceiling
				Limits, which are listed in 310 CMR 40.0996(7) or identified pursuant to 310
				CMR 40.0996(8).
(3) Comparisons of
				oil and/or hazardous material concentrations in soil and groundwater at the
				disposal site to Method 3 Ceiling Limits shall be made using:
(a) the arithmetic mean of the concentration
				of oil or hazardous material in soil and groundwater at a disposal site;
				and
(b) the arithmetic mean of the
				concentration of oil or hazardous material within any Hot Spot identified at
				the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0997 - The Presence of Visible Coal Tar Waste Deposits

Current through Register 1525, July 5, 2024
(1) At disposal sites where there is a
				presence of visible coal tar waste deposits, the characterization of risk of
				harm to public welfare and the environment for current and future conditions
				shall include an assessment of the accessibility of such deposits pursuant to
				310 CMR 40.0997(2) and (3).
(2) No
				Significant Risk of harm to public welfare and the environment exists or has
				been achieved for current conditions at the disposal site, but not for future
				conditions, if:
(a) a finding of No
				Significant Risk of harm to public welfare and the environment for current
				conditions has been made for the disposal site pursuant to
				310
				CMR 40.0994 and
				310
				CMR 40.0995, respectively;
(b) any visible coal tar waste deposit is
				located:
1. at a depth equal to or greater
				than three feet below the ground surface; or
2. at a depth less than three feet from the
				ground surface in an area completely covered by pavement, cap or barrier to
				exposure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0998 - Engineered Barriers

Current through Register 1525, July 5, 2024
(1) An Engineered B
				arrier means a permanent cap with or without a liner that is designed,
				constructed and maintained in accordance with scientific and engineering
				standards to achieve a level of no significant risk for any foreseeable period
				of time.
(2) An Engineered Barrier
				shall:
(a) prevent direct contact with
				contaminated media;
(b) control any
				vapors or dust emanating from contaminated media;
(c) prevent erosion and any infiltration of
				precipitation or run-off that could jeopardize the integrity of the barrier or
				result in the potential mobilization and migration of contaminants;
(d) be comprised of materials that are
				resistant to degradation;
(e) be
				consistent with the technical standards of RCRA Subpart N,
				40 CFR
				264.300,
				310
				CMR 30.600:
Technical Standards for
				All Hazardous Waste Facilities
or equivalent standards;
(f) include a defining layer that visually
				identifies the beginning of the barrier; and
(g) be appropriately monitored and maintained
				to ensure the long-term integrity and performance in accordance with a
				monitoring and maintenance plan; such plan shall be submitted to the Department
				and shall document that one or more financial assurance mechanism(s) as
				specified at 310 CMR 40.0998(4) have been established which adequately provide
				for ongoing future monitoring, maintenance and any necessary repair or
				replacement of the barrier.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1000 - Permanent and Temporary Solutions

Current through Register 1525, July 5, 2024
310 CMR 40.1001 through
				  310
				  CMR 40.1099 shall be cited collectively as
				  310 CMR 40.1000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1001 - Purpose

Current through Register 1525, July 5, 2024
(1)
									310
				CMR 40.1000 establishes requirements and
				procedures for:
(a) determining when the
				response actions taken at a site where there has been a release or threat of
				release of oil and/or hazardous material to the environment are sufficient to
				meet the requirements of a Permanent or Temporary Solution;
(b) implementing Activity and Use
				Limitations;
(c) identifying any
				conditions that apply to maintaining the Permanent or Temporary Solution;
				and
(d) documenting and supporting
				the Permanent or Temporary Solution in a Permanent Solution Statement or
				Temporary Solution Statement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1002 - Applicability

Current through Register 1525, July 5, 2024
The requirements contained in
				  310
				  CMR 40.1000 are applicable to all releases
				  and threats of release of oil and/or hazardous material which require
				  notification to the Department under the provisions of
				  310
				  CMR 40.0300, except as specifically provided
				  in 310 CMR 40.0110 for a site or
				  disposal site that is adequately regulated.