reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0852 - General Provisions

Current through Register 1525, July 5, 2024
(1) A Phase III
				evaluation shall be conducted for any disposal site for which a Phase II
				Comprehensive Site Assessment has been completed and a Permanent Solution in
				accordance with
				310
				CMR 40.1000 has not yet been
				achieved.
(2) A Phase III
				evaluation shall result in the selection of a remedial action alternative which
				is a likely Permanent Solution, except where it is demonstrated pursuant to
				310
				CMR 40.0850 that a Permanent Solution is not
				feasible or that the implementation of a Temporary Solution would be more
				cost-effective and timely than the implementation of a feasible Permanent
				Solution.
(3) Except for any
				Temporary Solution achieved after providing a Downgradient Property Status
				Submittal to the Department in accordance with
				310
				CMR 40.0180, a Phase III evaluation shall be
				conducted before any Temporary Solution pursuant to
				310
				CMR 40.1000 may be achieved at a disposal
				site.
(4) The feasibility of
				achieving or approaching background levels of oil and hazardous material shall
				be evaluated in accordance with
				310
				CMR 40.0860 for all disposal sites where
				remedial actions are or have been taken to achieve a Permanent Solution and
				background levels are not achieved.
(5) The results and conclusions of the Phase
				III evaluation shall be documented in a Remedial Action Plan, as described in
				310
				CMR 40.0861. Where appropriate, the Remedial
				Action Plan may be provided in or appended to the Phase II Comprehensive Site
				Assessment Report described in
				310
				CMR 40.0835.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0853 - Performance Standards

Current through Register 1525, July 5, 2024
(1) A Phase III
				evaluation shall result in:
(a) the
				identification and evaluation of remedial action alternatives which are
				reasonably likely to achieve a level of No Significant Risk considering the oil
				and hazardous material present, media contaminated, and site characteristics;
				and
(b) the recommendation of a
				remedial action alternative that is a Permanent or Temporary Solution, where a
				Permanent Solution includes measures that reduce, to the extent feasible, the
				concentrations of oil and hazardous material in the environment to levels that
				achieve or approach background.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0855 - Identification and Evaluation of Remedial Action Alternatives

Current through Register 1525, July 5, 2024
(1) An identification and evaluation of
				remedial action alternatives shall be undertaken for all disposal sites where a
				Phase III evaluation is required.
(2) The identification and evaluation of
				remedial action alternatives shall include:
(a) an initial screening to identify those
				remedial action alternatives that are reasonably likely to be feasible and
				achieve a level of No Significant Risk; and where necessary,
(b) a detailed evaluation of the remedial
				action alternatives identified by the initial screening to ascertain which
				alternatives will meet the performance standards and requirements set forth in
				310
				CMR 40.0850,
				40.0900 and
				40.100 O, and whether these
				alternatives constitute Permanent or Temporary Solutions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0856 - Initial Screening of Likely Remedial Action Alternatives

Current through Register 1525, July 5, 2024
(1) An initial screening of remedial
				technologies shall be conducted to identify remedial action alternatives for
				further evaluation which are reasonably likely to be feasible, based on the oil
				and hazardous material present, media contaminated, and site characteristics.
				For the purposes of 310 CMR 40.0856, remedial action alternatives are
				reasonably likely to be feasible if:
(a) the
				technologies to be employed by the alternative are reasonably likely to achieve
				a Permanent or Temporary Solution; and
(b) individuals with the expertise needed to
				effectively implement available solutions would be available, regardless of
				arrangements for securing their services.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0857 - Detailed Evaluation of Remedial Action Alternatives

Current through Register 1525, July 5, 2024
(1) Except as provided in 310 CMR 40.0857(2),
				a detailed evaluation of the remedial action alternatives identified by the
				initial screening described in
				310
				CMR 40.0856 shall be conducted to provide the
				basis for the selection of the remedial action alternative. The detailed
				evaluation shall evaluate and compare different remedial alternatives using the
				criteria described in
				310
				CMR 40.0858.
(2) A detailed evaluation is not required in
				those cases where a remedial action alternative identified during the initial
				screening:
(a) is proven to be effective in
				remediating the types of oil and hazardous material present at the disposal
				site, based upon experience gained at other disposal sites with similar site
				and contaminant conditions;
(b)
				results in the reuse, recycling, destruction, detoxification, treatment or any
				combination thereof of the oil and hazardous material present at the disposal
				site;
(c) can be implemented in a
				manner that will not pose a significant risk of harm to health, safety, public
				welfare or the environment, as described in
				310
				CMR 40.0900; and
(d) is likely to result in the reduction
				and/or control of oil and/or hazardous material at the disposal site to a
				degree and in a manner such that the requirements of a Permanent Solution as
				set forth in
				310
				CMR 40.1000 will be met.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0858 - Detailed Evaluation Criteria

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 40.0857(2), the remedial
				  action alternatives identified by the initial screening shall be evaluated
				  using the following criteria:
(1) The
				comparative effectiveness of the alternatives in terms of:
(a) achieving a Permanent or Temporary
				Solution under
				310
				CMR 40.1000;
(b) reusing, recycling, destroying,
				detoxifying, or treating oil and hazardous material at the disposal site;
				and
(c) reducing levels of
				untreated oil and hazardous material at the site to concentrations that achieve
				or approach background.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0859 - Selection of Remedial Action Alternative

Current through Register 1525, July 5, 2024
(1) Except as provided in
				310
				CMR 40.0857(2), remedial
				action alternatives shall be selected based on the detailed evaluation criteria
				contained in
				310
				CMR 40.0858 and in compliance with the
				provisions set forth in
				310
				CMR 40.0850,
				40.0900 and
				40.1000.
(2) A remedial action alternative which is a
				Permanent Solution shall be selected if a feasible Permanent Solution has been
				identified and its implementation is found to be more cost-effective and timely
				than would be the implementation of a Temporary Solution.
(a) If there is no such feasible Permanent
				Solution, a Temporary Solution shall be selected and implemented and a plan
				shall be prepared pursuant to 310 40.0861(2)(h) for the identification and
				development of a Permanent Solution.
(b) Where a Permanent Solution for the entire
				disposal site is not feasible, the evaluation of remedial alternatives may
				consider remedial action alternatives to achieve a Permanent Solution at one or
				more portions of the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0860 - Feasibility Evaluations

Current through Register 1525, July 5, 2024
(1) The criteria
				described in 310 CMR 40.0860 apply to:
(a)
				evaluating the feasibility of implementing a Permanent Solution;
(b) evaluating the feasibility of reducing
				the concentrations of oil and hazardous material in the environment to levels
				that achieve or approach Background;
(c) evaluating the feasibility of reducing
				the concentrations of oil and hazardous material in soil at a disposal site to
				levels at or below applicable soil Method 3 Ceiling Limits;
(d) evaluating the feasibility of
				eliminating, preventing or mitigating Critical Exposure Pathway(s);
				and
(e) evaluating the feasibility
				of eliminating or controlling each Source of OHM Contamination, controlling
				migration of OHM, and removing NAPL at a disposal site in support of a
				Permanent or Temporary Solution pursuant to
				310
				CMR 40.1003(5) through (7),
				respectively.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0862 - Phase III Completion Statement

Current through Register 1525, July 5, 2024
(1)
				A Phase III Completion Statement form, established by the Department for such
				purposes, shall be appended to and submitted with the Remedial Action Plan to
				the Department.
(2) In cases where
				the Phase III Remedial Action Plan is combined with other Comprehensive
				Response Action Reports, a Completion Statement form for the combined Reports
				shall be appended to the documents and submitted to the Department.
(3) A Completion Statement submitted with a
				Phase III Report shall include the following:
(a) an Opinion from a Licensed Site
				Professional indicating whether the selected Comprehensive Remedial Alternative
				is likely to achieve a Permanent or Temporary Solution, and stating that the
				Phase III conforms with applicable Phase III performance standards and
				requirements and any approval conditions specified by the Department; and
(b) a certification of the
				submittal required by
				310
				CMR 40.0009.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0863 - Public Involvement

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities shall be conducted in accordance with
				310
				CMR 40.1400 through
				310
				CMR 40.1406. Public Involvement Activities
				relevant to Phase III specifically include, but are not limited to, those
				activities set forth in
				310
				CMR 40.1403(3)(e).
(2) If the disposal site where the Phase III
				is conducted is a Public Involvement Plan site, then a Public Involvement Plan
				that is consistent with
				310
				CMR 40.1405 shall be implemented.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0864 - Possible Outcome

Current through Register 1525, July 5, 2024
Upon completion of Phase III, the selected feasible
				  Comprehensive Remedial Alternative shall be developed and implemented pursuant
				  to Phase IV requirements under
				  310
				  CMR 40.0870.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0870 - Phase IV Implementation of the Selected Comprehensive Remedial Alternative

Current through Register 1525, July 5, 2024
310 CMR 40.0871 through
				  40.0889, cited collectively
				  as 310 CMR 40.0870, contain the requirements and procedures for conducting
				  Phase IV Comprehensive Remedial Response Actions at disposal
				  sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0871 - General Provisions

Current through Register 1525, July 5, 2024
(1) Phase IV
				contains requirements for the design, construction, and implementation of the
				Comprehensive Remedial Action Alternative selected as a result of the Phase III
				evaluation under
				310
				CMR 40.0850.
(2) Phase IV activities shall include,
				without limitation, the following:
(a)
				preparation of a Remedy Implementation Plan (RIP) as set forth in
				310
				CMR 40.0874;
(b) documentation of the construction of the
				Comprehensive Remedial Alternative as described in
				310
				CMR 40.0875; and
(c) implementation and final inspection of
				the Comprehensive Remedial Alternative.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0872 - Performance Standards

Current through Register 1525, July 5, 2024
(1) The Phase IV
				Implementation of the Comprehensive Remedial Alternative selected in Phase III
				and documented in the Phase III Remedial Action Plan shall:
(a) ensure that the information, plans and
				reports related to the design, construction, and implementation of the selected
				remedial alternative are sufficiently developed and documented to support the
				implementation of the Comprehensive Remedial Alternative;
(b) ensure that following initial
				implementation, the Comprehensive Remedial Alternative meets design and
				performance specifications;
(c)
				meet the Response Action Performance Standard for the design, construction, and
				implementation of the Comprehensive Remedial Action, as described in
				310
				CMR 40.0191; and
(d) conform with all applicable requirements
				and deadlines set forth in
				310
				CMR 40.0000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0874 - Remedy Implementation Plan (RIP)

Current through Register 1525, July 5, 2024
(1) A Remedy Implementation Plan shall be
				developed for the selected Comprehensive Remedial Alternative.
(2) Technical justification, as specified in
				310
				CMR 40.0193, may be used to limit or forgo
				assessment or evaluation elements of the RIP. When technical justification is
				used, a description of the site-specific conditions and characteristics which
				make a requirement unwarranted shall be provided in the applicable section of
				the RIP.
(3) A RIP shall include,
				without limitation, the following elements:
(a) a list of relevant contacts, including:
1. names, addresses, and telephone numbers of
				the RP, PRP or Other Persons responsible for submittal of the RIP;
2. name, address, and telephone number of the
				LSP; and
3. identification of those
				persons who will own, operate and/or maintain the selected Comprehensive
				Remedial Alternative during and following construction;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0875 - As-built Construction Report

Current through Register 1525, July 5, 2024
(1)
				As-built Construction plans shall be prepared and submitted to the Department
				in an As-built Construction Report for:
(a)
				any disposal site where an Engineered Barrier, cap or other on-site system for
				the containment and/or physical immobilization of oil and/or hazardous material
				is constructed as part of the Remedial Action Alternative; or
(b) any disposal site where the Comprehensive
				Remedial Alternative as actually constructed varies significantly from the
				description of the alternative provided in the RIP under
				310
				CMR 40.0874.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0877 - Phase IV Status Report and Remedial Monitoring Report

Current through Register 1525, July 5, 2024
(1) For a disposal site where Active
				Operation and Maintenance of a remedial action is conducted prior to the
				submittal of a Final Inspection Report and Phase IV Completion Statement to
				test and monitor the initial implementation and operation of the Comprehensive
				Remedial Alternative, a Remedial Monitoring Report shall be submitted to the
				Department on a form established by the Department for such purposes at the
				following frequency:
(a) when the selected
				Comprehensive Remedial Alternative involves Active Operation and Maintenance to
				address an Imminent Hazard or Condition of Substantial Release Migration,
				monthly; or
(b) when the selected
				Comprehensive Remedial Alternative involves Active Operation and Maintenance to
				address conditions that do not pose an Imminent Hazard or Condition of
				Substantial Release Migration, every six months.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0878 - Final Inspection Report

Current through Register 1525, July 5, 2024
(1) Upon completion
				of construction activities and initial implementation of the selected
				Comprehensive Remedial Alternative, a final inspection of the Comprehensive
				Remedial Action shall be conducted by the Licensed Site Professional providing
				the Opinion under
				310
				CMR 40.0879(2)  regarding
				the construction and implementation of the selected Comprehensive Remedial
				Alternative.
(2) The final
				inspection shall be performed to ensure that:
(a) the selected Comprehensive Remedial
				Alternative has been constructed in accordance with construction plans under
				310
				CMR 40.0874(3)(c)  or
				appropriate modifications to such plans; and
(b) following initial implementation and
				operation and any modifications or adjustments necessary to optimize the
				performance of remedial systems, the selected Comprehensive Remedial
				Alternative is meeting projected design standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0879 - Phase IV Completion Statement

Current through Register 1525, July 5, 2024
(1)
				A Phase IV Completion Statement form, established by the Department for such
				purposes, shall be appended to and submitted with the Final Inspection Report
				to the Department.
(2) A Completion
				Statement form submitted with a Final Inspection Report shall include the
				following:
(a) an Opinion from a Licensed Site
				Professional as to whether the construction and implementation of the selected
				Comprehensive Remedial Alternative has been completed in accordance with
				applicable requirements of
				310
				CMR 40.0870, and the Phase IV performance
				standards as described in
				310
				CMR 40.0872 have been met;
(b) a certification of the submittal required
				by 310 CMR 40.0009;
				and
(c) an indication as to whether
				any activities under Phase V will be conducted as part of the implementation of
				the selected Comprehensive Remedial Alternative.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0880 - Public Involvement

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities shall be conducted in accordance with
				310
				CMR 40.1400 through
				310
				CMR 40.1406. Public Involvement Activities
				relevant to Phase IV specifically include
				310
				CMR 40.1403(3)(a) and
				(e).
(2) If the disposal site where the Phase IV
				is conducted is a Public Involvement Plan site, then a Public Involvement Plan
				that is consistent with
				310
				CMR 40.1405 shall be implemented.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0881 - Possible Outcomes

Current through Register 1525, July 5, 2024
Upon completion of Phase IV activities, the following
				  outcomes are possible:
(a) the
				requirements of a Permanent or Temporary Solution under
				310
				CMR 40.1000 have been met. A Permanent or
				Temporary Solution Statement shall be submitted to the Department;
(b) a Permanent or Temporary Solution has not
				yet been achieved, and operation, maintenance and/or monitoring of the
				Comprehensive Remedial Action (including Remedy Operation Status) is necessary
				to achieve a Permanent or Temporary Solution under
				310
				CMR 40.1000; or
(c) the requirements of a Temporary Solution
				under
				310
				CMR 40.1000 have been met, and Post-temporary
				Solution operation, maintenance and/or monitoring of the remedial action under
				310
				CMR 40.0897 and
				310
				CMR 40.0898 is necessary to ensure that the
				conditions upon which the Temporary Solution is based are maintained and/or
				that further progress toward a Permanent Solution is made.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0890 - Operation, Maintenance and/or Monitoring of Comprehensive Response Actions

Current through Register 1525, July 5, 2024
310 CMR 40.0891 through
				  40.0899, cited collectively
				  as 310 CMR 40.0890, contain the requirements and procedures for conducting
				  Phase V and Post-temporary Solution Operation, Maintenance and/or Monitoring
				  activities at disposal sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0891 - Phase V General Provisions

Current through Register 1525, July 5, 2024
(1) The
				provisions of Phase V shall apply to disposal sites where Phase IV response
				actions have been completed and operation, maintenance and/or monitoring of the
				Comprehensive Remedial Action is necessary to achieve a Permanent or Temporary
				Solution under
				310
				CMR 40.1000.
(2) Phase V activities may include the
				following:
(a) operation and maintenance of
				the Comprehensive Remedial Action;
(b) monitoring to evaluate the performance of
				the remedial systems and whether the Comprehensive Remedial Action is meeting
				its design specifications;
(c)
				monitoring of conditions at the disposal site to evaluate the effectiveness of
				the Comprehensive Remedial Action in reducing, treating and/or containing oil
				and/or hazardous material;
(d)
				efforts to correct problems if performance monitoring indicates that the
				Comprehensive Remedial Action is not performing as designed; and/or
(e) documentation and submission of the
				results of operation, maintenance and monitoring activities to the Department,
				as described in
				310
				CMR 40.0892.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0892 - Phase V Status and Remedial Monitoring Reports

Current through Register 1525, July 5, 2024
(1) At a minimum, at a disposal site where
				Phase V operation, maintenance and/or monitoring of Comprehensive Response
				Actions is being conducted, a Phase V Status Report as described in 310 CMR
				40.0892(2) shall be submitted to the Department six months from the receipt by
				the Department of the Phase IV Completion Statement and every six months
				thereafter for the duration of the operation of the remedy. Each Status Report
				shall document activities occurring over the period of time since the
				previously submitted Status Report.
(2) Phase V Status Reports shall include,
				without limitation, the following:
(a) a
				description of the type and frequency of operation, maintenance and/or
				monitoring activities conducted;
(b) a description of any significant
				modifications of the operation, maintenance and/or monitoring program made
				since the submission of the preceding Phase V Status Report;
(c) an evaluation of the performance of the
				remedial action during the period of time since the last Status Report,
				including:
1. whether the remedial action is
				achieving remedial goals specified in the Phase IV Remedy Implementation Plan
				as described in
				310
				CMR 40.0874(3);
2. where the remedial action is being
				conducted under Remedy Operation Status pursuant to
				310
				CMR 40.0893, whether the Performance
				Standards at
				310
				CMR 40.0893(2)  continue to
				be met; and
3. a description of any
				conditions or problems noted during the period that are or may be affecting the
				performance of the remedial action;
(d) a description of any measures taken to
				correct conditions which are affecting the performance of the remedial action;
				and
(e) the name, license number,
				signature and seal of the LSP.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0893 - Remedy Operation Status

Current through Register 1525, July 5, 2024
(1)
Applicability
. Remedy Operation Status applies to
				disposal sites in Phase V where a Comprehensive Remedial Action that relies
				upon Active Operation and Maintenance of a remedial system, mitigation measure,
				remedial program or combination thereof and meets the requirements of 310 CMR
				40.0893 is being conducted for the purpose of achieving a Permanent
				Solution.
(2)
Performance Standard for Remedy Operation Status
. To
				achieve and maintain Remedy Operation Status for a disposal site:
(a) Phase III and Phase IV Comprehensive
				Response Actions as described in
				310
				CMR 40.0850 and
				40.0870, respectively, shall
				be completed;
(b) the remedial
				system, mitigation measure, remedial program or combination thereof shall be
				adequately designed in accordance with
				310
				CMR 40.0870 to achieve a Permanent
				Solution;
(c) the remedial system,
				mitigation measure, remedial program or combination thereof shall be operated
				and maintained in accordance with the requirements of
				310
				CMR 40.0890 and
				310
				CMR 40.0000 and any applicable permits,
				approvals or licenses;
(d) each
				Source of OHM Contamination shall be eliminated or controlled in accordance
				with 310 CMR 40.1003(5)(a)
				 and
				310
				CMR 40.1003(5)(c);
(e) plumes of dissolved OHM in groundwater,
				and vapor-phase OHM in the Vadose Zone are stable or contracting or otherwise
				controlled or mitigated to the extent feasible;
(f) any Substantial Hazard shall be
				eliminated;
(g) where the remedy
				includes one or more Active Exposure Pathway Mitigation Measure(s), the
				requirements at
				310
				CMR 40.1026 are met; and
(h) at a minimum, information and data on
				operation and maintenance or monitoring shall be documented and submitted to
				the Department in Status and Remedial Monitoring Reports at the frequency
				described in
				310
				CMR 40.0892.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0894 - Phase V Completion Statement

Current through Register 1525, July 5, 2024
(1)
				Upon achievement of a Permanent or Temporary Solution after conducting Phase V
				operation, maintenance and/or monitoring activities, a Phase V Completion
				Statement form, established by the Department for such purposes, shall be
				submitted with the final Phase V inspection and monitoring report to the
				Department.
(2) The Phase V
				Completion Statement form shall include:
(a)
				an Opinion from a Licensed Site Professional: that:
1. specifies the Phase V outcome achieved as
				described in
				310
				CMR 40.0896;
2. except where operation, maintenance and/or
				monitoring are continuing under
				310
				CMR 40.0897 and
				310
				CMR 40.0898, provides a description of
				residual oil and/hazardous material at the disposal site and any measures in
				place, including physical barriers and/or Activity and Use Limitation for
				preventing or limiting the exposure of human and/or environmental receptors to
				residual oil and hazardous material; and
3. except where operation, maintenance and/or
				monitoring are continuing under
				310
				CMR 40.0897 and
				310
				CMR 40.0898, provides justification for
				terminating operation, maintenance and/or monitoring activities;
				and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0895 - Public Involvement

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities shall be conducted in accordance with
				310
				CMR 40.1400 through
				310
				CMR 40.1406. Public Involvement Activities
				relevant to Phase V specifically include, but are not limited to, those
				activities set forth in
				310
				CMR 40.1403(3)(e) and
				(f).
(2) If the disposal site where the Phase V is
				conducted is a Public Involvement Plan site, then a Public Involvement Plan
				that is consistent with
				310
				CMR 40.1405 shall be implemented.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0896 - Possible Outcomes

Current through Register 1525, July 5, 2024
Upon completion of operation, maintenance and monitoring
				  activities under Phase V, the following outcomes are possible:
(1) the requirements of a Permanent Solution
				under
				310
				CMR 40.1000 have been met and no additional
				operation, maintenance and/or monitoring of the remedial action alternative is
				necessary to ensure the integrity of the Permanent Solution. A Permanent
				Solution Statement shall be submitted to the Department;
(2) the requirements of a Permanent Solution
				under
				310
				CMR 40.1000 have been met but conditions
				apply to maintaining the Permanent Solution. A Permanent Solution with
				Conditions Statement shall be submitted to the Department;
(3) the requirements of a Temporary Solution
				under
				310
				CMR 40.1000 have been met and no additional
				operation, maintenance and/or monitoring of the remedial action alternative is
				necessary to ensure the integrity of the Temporary Solution. A Temporary
				Solution Statement shall be submitted to the Department; or
(4) the requirements of a Temporary Solution
				under
				310
				CMR 40.1000 have been met, a Temporary
				Solution Statement has been submitted to the Department, and additional
				Post-temporary Solution Operation, Maintenance, and/or Monitoring of the
				remedial action alternative under
				310
				CMR 40.0897 and
				310
				CMR 40.0898 is necessary to ensure that the
				conditions upon which the Temporary Solution is based are maintained and/or
				that further progress toward a Permanent Solution is made.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0897 - Post-temporary Solution Operation, Maintenance and/or Monitoring

Current through Register 1525, July 5, 2024
(1)310 CMR 40.0897
				shall apply to any disposal site where:
(a) a
				Temporary Solution Statement for a Temporary Solution under
				310
				CMR 40.1000 has been submitted to the
				Department;
(b) the operation,
				maintenance and/or monitoring of the Comprehensive Remedial Action is necessary
				to ensure that the conditions upon which the Temporary Solution is based are
				maintained; and
(c) operation,
				maintenance and/or monitoring activities are being conducted in accordance with
				the Remedy Implementation Plan submitted pursuant to
				310
				CMR 40.0874, or other operation, maintenance
				and monitoring (OMM) plan provided pursuant to
				310
				CMR 40.1057(2)(i).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0898 - Post-temporary Solution Status and Remedial Monitoring Reports

Current through Register 1525, July 5, 2024
(1) Post-temporary
				Solution Status Reports as described in 310 CMR 40.0898(2) shall be submitted
				to the Department as specified below:
(a) for
				a disposal site with a Temporary Solution where Active Operation and
				Maintenance is ongoing (
i.e
., an Active Remedial System or
				Active Exposure Pathway Mitigation Measure is operating or an Active Remedial
				Monitoring Program is being conducted), a Post-temporary Solution Status Report
				shall be submitted to the Department six months from the receipt by the
				Department of the Temporary Solution Statement and every six months thereafter
				until Active Operation and Maintenance is ceased or a Permanent Solution is
				achieved;
(b) except as provided at
				310 CMR 40.0898(1)(c), for a disposal site with a Temporary Solution where
				Active Operation and Maintenance is not being conducted, a Post-temporary
				Solution Status Report shall be submitted to the Department with the Periodic
				Review of the Temporary Solution Opinion required pursuant to
				310
				CMR 40.1050(4)(b);
(c) for a disposal site with a Temporary
				Solution where Active Operation and Maintenance is not being conducted, upon
				written notice by the Department, the Department may require a Post-temporary
				Solution Status Report at a greater frequency than every five years. The
				justification for such frequency shall be based on the Department's assessment
				of site conditions, including but not limited to the stability of disposal site
				conditions, current and foreseeable disposal site risk, and the progress being
				made toward a Permanent Solution;
(d) in all cases, Post-temporary Solution
				Status Reports shall document activities occurring over the period of time
				since the submission to the Department of the Temporary Solution Statement or
				previously submitted Status Report, whichever occurred last; and
(e) the submittal of Post-temporary Solution
				Status Reports at the frequency specified at 310 CMR 40.0898(a) through (c)
				shall have the effect of maintaining a Tier Classification or Tier
				Classification Extension obtained pursuant to
				310
				CMR 40.0560(7)  for the
				duration that such Status Reports are submitted to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0900 - Procedures and Standards for the Characterization of the Risk of Harm to Health, Safety, Public Welfare and the Environment

Current through Register 1525, July 5, 2024
310 CMR 40.0901 through
				  40.0999, cited collectively
				  as 310 CMR 40.0900, describes the procedures for evaluating the risks posed by
				  oil and/or hazardous material at disposal sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0901 - Applicability and General Requirements

Current through Register 1525, July 5, 2024
(1)
				The procedures, criteria and standards of
				310
				CMR 40.0900 are applicable to all disposal
				sites for which response actions are required by M.G.L. c. 21E, and/or
				310
				CMR 40.0000.
(2) The general procedures and standards
				which apply to all Risk Characterizations are described in 310 CMR 40.0901
				through
				310
				CMR 40.0939. Requirements which are specific
				to the type and method of Risk Characterization being performed are described
				in 310 CMR 40.0940 through
				310
				CMR 40.0999.
(3) The characterization of risk of harm to
				health, safety, public welfare, and the environment is not required for a
				disposal site, environmental medium, or chemical for which response actions
				have successfully reduced concentrations to background levels, as described in
				310
				CMR 40.1020.
(4) The characterization of the risk of harm
				to health, safety, public welfare and the environment shall be performed in a
				manner consistent with scientifically acceptable risk assessment practices, and
				shall take into consideration guidance published by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0902 - Purpose of the Risk Characterization

Current through Register 1525, July 5, 2024
A characterization of the risk of harm to health, safety,
				  public welfare and the environment is performed at disposal sites to provide
				  the quantitative and qualitative information used to evaluate the need for
				  remedial actions:
(1) Risk
				Characterization is used to identify and evaluate site conditions which may
				pose an Imminent Hazard. The methodology used in this evaluation is described
				in 310 CMR 40.0950.
(2) Risk Characterization is used to
				establish whether a level of No Significant Risk exists or has been achieved at
				a disposal site. The criteria used in this determination are described in
				310
				CMR 40.0900, and two basic approaches to Risk
				Characterization are utilized:
(a) A
				chemical-specific approach, which compares site concentrations to standards in
				soil and groundwater, as described in
				310
				CMR 40.0970 through
				40.0989. For the disposal
				sites to which they are applicable, these standards have been developed to meet
				the same objectives of the cumulative risk approach described in 310 CMR
				40.0902(2)(b).
(b) A cumulative
				risk approach which compares site-specific information to a Cumulative Cancer
				Risk Limit of an Excess Lifetime Cancer Risk of one-in-one hundred thousand, a
				Cumulative Noncancer Risk Limit which is a Hazard Index equal to one,
				promulgated health, safety, public welfare and environmental standards, and
				site-specific conditions, as described in
				310
				CMR 40.0990 through
				310
				CMR 40.0999.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0903 - Scope of the Risk Characterization and Supporting Documentation

Current through Register 1525, July 5, 2024
(1) The scope and level of effort of the Risk
				Characterization shall depend on the complexity of the disposal site and the
				response action being performed.
(a) The
				complexity of the disposal site shall be evaluated with reference to the
				Conceptual Site Model.
(b) The Risk
				Characterization shall be of sufficient scope and adequately documented to
				demonstrate that the Response Action Performance Standard (RAPS) has been met
				in accordance with
				310
				CMR 40.0191.
(c) Selection of the sampling approach
				(
e.g
., judgmental or systematic) and the sample collection
				procedure (
e.g.
, discrete or incremental) employed at each
				Exposure Point shall consider, without limitation, what is known about the
				nature, extent and distribution of the contamination at the disposal site, the
				source(s) of the release impacting the Exposure Point, the number and types of
				contaminants present or potentially present within the Exposure Point, the
				spatial distribution of the contaminants within the Exposure Point, and the
				concentration variability.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0920 - Receptor Information Required for Risk Characterization

Current through Register 1525, July 5, 2024
The identification of receptors, Site Activities and Uses,
				  Exposure Points and Exposure Point Concentrations shall be conducted in a
				  manner which provides a conservative estimate of the exposure to oil and/or
				  hazardous material which a receptor may receive within the contaminated area
				  over a period of time.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0921 - Identification of Human Receptors

Current through Register 1525, July 5, 2024
The documentation of the Risk Characterization shall identify
				  and describe the Human Receptors who are likely to be present at the disposal
				  site or in the surrounding environment, and who, as a result, would likely be
				  exposed to oil and/or hazardous material.
(1) The identification of the Human Receptors
				shall consider the current and reasonably foreseeable uses of the disposal site
				and the surrounding environment.
(2) The Human Receptors identified shall not
				be specific individuals, but shall be described as groups of
				individuals.
(3) Subpopulations
				which may be at increased risk due to increased sensitivity, particular
				behavior patterns or current or past exposures to chemicals in the environment
				shall be identified as distinct receptors.
(4) The Human Receptors shall be described in
				terms such as age group, occupation or other characteristics which will
				distinguish them from the general population. Examples of such descriptions
				include, without limitation:
(a) lifelong
				residents at the disposal site;
(b)
				trespassers;
(c) women of
				childbearing age;
(d) construction
				workers; and
(e) children, one
				through eight years of age.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0922 - Identification of Environmental Receptors

Current through Register 1525, July 5, 2024
The documentation of the Risk Characterization shall identify
				  and describe the Environmental Receptors which are likely to be present at the
				  disposal site or in the surrounding environment and which, as a result, would
				  likely be exposed to oil and/or hazardous material.
(1) Examples of such biota may include, but
				are not limited to:
(a) wildlife, such as
				deer, squirrel and fox;
(b) fish
				and shellfish; and
(c) plants, such
				as grasses and trees.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0923 - Identification of Site Activities and Uses

Current through Register 1525, July 5, 2024
The documentation of the Risk Characterization shall identify
				  and describe the Site Activities and Uses associated with the disposal site and
				  the surrounding environment. These activities shall be used in combination with
				  the criteria described in
				  310
				  CMR 40.0930 through
				  310
				  CMR 40.0939 to identify applicable
				  groundwater and soil categories and to estimate the nature and, where
				  appropriate, quantify the magnitude of exposure pursuant to
				  310
				  CMR 40.0990.
(1) The Site Activities and Uses shall
				include all current and reasonably foreseeable uses and activities occurring at
				the disposal site or in the surrounding environment which could result in
				exposure to oil and/or hazardous material by Human or Environmental Receptors.
(a) The identification of Site Activities and
				Uses of the groundwater shall be determined independent of the activities and
				uses of the land itself.
(b) The
				Site Activities and Uses of the land shall be identified without regard to
				whether the land is currently developed or undeveloped.
(c) The selection of site-specific exposure
				frequency and exposure duration should be representative of the full extent of
				site activities consistent with the identified Site Use.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0925 - Identification of Exposure Pathways

Current through Register 1525, July 5, 2024
(1) For each
				identified receptor at each Exposure Point, the documentation of the Risk
				Characterization shall identify and describe all probable Exposure Pathways,
				based upon the media contaminated and the Site Activities and Uses.
(2) The Exposure Pathways considered shall be
				consistent with the type and method of Risk Characterization which is being
				performed.
(3) Examples of typical
				Exposure Pathways shall include, without limitation:
(a) ingestion of soil, produce, water, or
				biota;
(b) inhalation of air or
				particulate matter; and
(c) dermal
				absorption from water or soil.