Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0360 - Reportable Concentrations for Oil and Hazardous Material

Current through Register 1525, July 5, 2024
(1) A release indicated by the measurement of
				oil and/or hazardous material in soil and/or groundwater requires notification
				to the Department under the provisions of
				310
				CMR 40.0315 if the measured concentration of
				one or more listed substance in
				310
				CMR 40.1600 in any soil or groundwater sample
				is equal to or greater than the media and category-specific Reportable
				Concentration value listed at
				310
				CMR 40.1600 in effect on the date of the
				sample analysis.
(2) Except for
				gasoline, kerosene, and aviation fuel, the Reportable Concentration for the
				oils listed at
				310
				CMR 40.1600 shall be the Reportable
				Concentration established in
				310
				CMR 40.1600 for Total Petroleum Hydrocarbons
				(TPH) or the Reportable Concentrations established in
				310
				CMR 40.1600 for the Aliphatic Hydrocarbon
				Fractions and/or Aromatic Hydrocarbon Fractions which comprise these products.
				Notification shall not be required for sites solely on the basis of a
				measurement of TPH equal to or greater than an applicable Reportable
				Concentration if data exists demonstrating that concentrations of the Aliphatic
				and Aromatic Hydrocarbon Fractions comprising the TPH are less than the
				applicable Reportable Concentrations established in
				310
				CMR 40.1600.
(3) The Reportable Concentration for
				gasoline, kerosene, and aviation fuel shall be the Reportable Concentrations
				established in
				310
				CMR 40.1600 for the Aliphatic and Aromatic
				Hydrocarbon Fractions which comprise these products.
(4) The Reportable Concentration for Chromium
				shall be the Reportable Concentration established in
				310
				CMR 40.1600 for Total Chromium or the
				Reportable Concentrations established in
				310
				CMR 40.1600 for the specific species of
				chromium. Notification shall not be required for sites solely on the basis of a
				measurement of Total (unspeciated) Chromium equal to or greater than the
				Reportable Concentration for Total Chromium if data exists demonstrating that
				the concentrations of Hexavalent Chromium (Cr VI) and Trivalent Chromium (Cr
				III) are both less than their applicable Reportable Concentrations established
				in 310 CMR 40.1600.
(5) The Reportable Concentration values for
				the hazardous materials listed at
				310
				CMR 40.1600, including hazardous materials
				that may be components of oil or waste oil, shall be compared to concentrations
				of hazardous material in soil or groundwater that have been measured by the
				analytical procedures detailed in EPA Publication SW-846,
Test Methods
				for Evaluating Solid Waste
, the Department's Compendium of Analytical
				Methods or any other appropriate analytical procedure, as described in
				310
				CMR 40.0017.
(6) The techniques utilized for obtaining
				soil and groundwater samples for comparison to the Reportable Concentration
				values listed at
				310
				CMR 40.1600 shall be in conformance with
				generally accepted practices and procedures, consistent with the Response
				Action Performance Standard described in
				310
				CMR 40.0191, and shall not involve measures
				or steps that are undertaken to cause or promote the dilution of analyte values
				for the sole purpose of avoiding reporting obligations imposed in
				310
				CMR 40.0315.
(7) Persons notifying the Department of a
				release under the provisions of
				310
				CMR 40.0315 and 40.0360 through
				40.0369 shall specify whether
				the measured concentration of one or more of the listed substances in
				310
				CMR 40.1600 constitutes a release of oil,
				hazardous material, or both oil and hazardous material. Such a determination
				shall be based upon:
(a) factual evidence
				relating to the source and mechanism of the release;
(b) factual evidence relating to the storage,
				use and disposal of oil and hazardous material at the site of the release;
				and/or
(c) analytical
				characterization of the release.