Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0995 - Method 3 Environmental Risk Characterization

Current through Register 1525, July 5, 2024
The characterization of risk of harm to the environment shall
				  be conducted for all current and reasonably foreseeable Site Activities and
				  Uses identified in
				  310
				  CMR 40.0923. Characterization of the risk of
				  harm to the environment shall include an assessment of chemical data, potential
				  contaminant migration pathways, and an evaluation of biota and habitats at and
				  in the vicinity of the disposal site, as described in
				  310
				  CMR 40.0995(2), as well as
				  through the application of Method 3 Ceiling Limits, as described in
				  310
				  CMR 40.0995(5) and the
				  assessment of the presence of visible coal tar waste deposits as described in
				  310
				  CMR 40.0997.
(1) A Method 3 characterization of the risk
				of harm to the environment shall be based on the site, receptor and exposure
				information identified in
				310
				CMR 40.0901 through
				310
				CMR 40.0920, as well as any relevant data
				collected during the response action being performed.
(2) The risk of harm to the site biota and
				habitats shall be characterized by evaluating ecological parameters using a
				two-stage approach. In Stage I, the objective is to identify and document
				conditions which do not warrant a Stage II Risk Characterization, either
				because of the absence of a potentially significant exposure pathway or because
				environmental harm is readily apparent and therefore additional assessment
				would be redundant. If a potentially significant exposure pathway is indicated
				by the available information per
				310
				CMR 40.0995(3)(a) and (c),
				then a Stage II Environmental Risk Characterization is required to characterize
				the risks posed by those exposures.
(a) A
				Stage I Environmental Screening shall be performed as described in
				310
				CMR 40.0995(3) for all
				disposal sites evaluated using Risk Characterization Method 3, and for those
				disposal sites evaluated using a Method 3 Environmental Risk Characterization
				in combination with Method 1 or Method 2 as described in
				310
				CMR 40.0942.
(b) Following a Stage I Environmental
				Screening and based upon the criteria described in
				310
				CMR 40.0995(3), it may be
				concluded that:
1. A Stage II Environmental
				Risk Characterization is not required because there are no complete exposure
				pathways that could result in potentially significant exposures, and a
				condition of no significant risk of harm to site biota and habitats clearly
				exists; or
2. A Stage II
				Environmental Risk Characterization is not required because, for each
				contaminated medium, harm is readily apparent; therefore a condition of no
				significant risk of harm to the site biota and habitats clearly Does Not Exist,
				and a Stage II Environmental Risk Characterization would be redundant,
				or
3. A Stage II Environmental Risk
				Characterization is required because, for one or more contaminated media, there
				is not enough information to determine whether or not a condition of no
				significant risk of harm exists, and therefore those media are considered to
				present "potentially significant exposures".
(c) The scope and nature of the Stage II
				Environmental Risk Characterization shall depend on the nature of the disposal
				site, the Environmental Receptors affected or potentially affected, and the
				Stage I Environmental Screening criteria which indicated the need for the Stage
				II Environmental Risk Characterization.