310 CMR, § 40.0017 - Environmental Sample Collection and Analyses

(1) Any person undertaking response actions under the provisions of this Contingency Plan shall ensure that analytical and environmental monitoring data used in support of recommendations, conclusions, or LSP Opinions with respect to assessment, removal, or containment actions are scientifically valid and defensible, and of a level of precision and accuracy commensurate with its stated or intended use.

(2) Procedures and methodologies employed for the collection and analysis of soil, sediment, water, vapor, air, and/or waste samples shall consist of:

(a) methods published by the Department, EPA, the American Society for Testing and Materials (ASTM), the American Public Health Association (APHA), the National Institute for Occupational Safety and Health (NIOSH), the American Water Works Association (AWWA), and other organizations with expertise in the development of standardized analytical testing methods;

(b) modification of published methods, provided that all modifications are completely documented; or

(c) unpublished methods, including analytical screening methods, provided that such methods are scientifically valid, are of a known and demonstrated level of precision and accuracy, and are completely described and documented in response action submittals.

(3) All response action submittals to the Department under these regulations that contain the results of sample collection and analyses shall include the following information:

(a) the date, location, and time of sampling, and the name of the individual who collected the sample;

(b) specifications on any sample filtration or preservation procedures;

(c) the date of receipt of the sample at the laboratory, and the date(s) the sample was extracted and/or analyzed;

(d) the name and address of the laboratory, and the certification identification number and status of the laboratory, if certified;

(e) the sample matrix description and identification number(s);

(f) the sample preparation and/or analytical method(s) employed;

(g) the results of the analysis, in clearly expressed concentration units;

(h) the detection limit of each reported analyte based upon actual analytical conditions;

(i) details on any known conditions or findings which may affect the validity of analytical data, including unsatisfactory results obtained on quality assurance/quality control blank, duplicate, surrogate or spiked samples; and

(j) any other information or data which may be required to explain or document provided data, including chain of custody forms, where appropriate, or other information requested by the Department based upon its review and evaluation of submitted documents.

(4) Laboratory and other reports of sampling analyses of aqueous samples shall be reported as mass per unit volume and solid samples shall be reported as mass per unit mass, on a dry weight basis, unless other reporting units are more appropriate.

(5) Any person undertaking response actions shall ensure that sample collection and analyses is performed by persons who are qualified by education, training and experience.

(6) Any time environmental samples are taken at a property by a person(s) conducting response action(s), other than on behalf of the owner of the property, the person(s) conducting response actions shall comply with the notification provisions of 310 CMR 40.1403(10).

Notes

310 CMR, § 40.0017

Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.