310 CMR, § 40.0317 - Releases and Threats of Release Which Do Not Require Notification
Notwithstanding the provisions of 310 CMR 40.0311 through 310 CMR 40.0315, the following releases and threats of release of oil and/or hazardous material are exempt from the notification requirements set forth in 310 CMR 40.0300:
(1) releases of oil that occur during normal
handling and transfer operations at an oil facility captured by a properly
functioning oil/water separator; provided however, that releases of oil that
exceed the capacity of the oil/water separator and releases of oil from the
oil/water separator itself which are in excess of its discharge permit limits
or in a quantity equal to or greater than the Reportable Quantity shall be
subject to the notification requirements set forth in
310
CMR 40.0300;
(2) releases or threats of release of
gasoline or diesel fuel that result from the rupture of the fuel tank of a
passenger vehicle as a result of an accident involving that vehicle;
(3) releases of oil and/or hazardous material
that are discharged or emitted from an outfall, stack or other point source, or
as fugitive emissions, any of which are regulated under and have received a
valid permit, license, or approval, or which are operating under a valid
registration, order or guideline issued under a federal or state statute or
regulation, unless the release:
(a) exceeds
the amount allowed by the permit, license, approval, registration, order or
guideline; and
(b) represents an
Imminent Hazard to health, safety, public welfare or the environment. This
provision shall not relieve any person from any other duty to notify which may
exist under any other statute or regulation, nor shall it in any way limit the
authority of any other agency, political subdivision or authority of the
federal or state government or of any office or division of the Department to
enforce or otherwise carry out the duties assigned to it by law;
(4) releases of radionuclides
regulated by EPA under 42
USC §
9602,
33 USC §§
1321 and
1361, and 40 CFR Part 302
et seq.;
(5)
releases of forbidden Class A or Class B explosives as defined in
49 CFR §§
173.50,
173.53 and 173.88 respectively, if
the explosives are under military transport or supervision and the U.S. Army
Explosive Ordnance responds to the release;
(6) releases of methane, propane and other
component compounds associated with a release of natural gas, natural gas
liquids and liquified natural gas;
(7) sheens:
(a) resulting from emissions or discharges
from outboard motors in recreational use; or
(b) associated with normal surface water
runoff from roadways, driveways and parking lots;
(8) releases of hazardous material indicated
by residues in the environment:
(a) emanating
from a point of original application of lead-based paint;
(b) resulting from emissions from the exhaust
of an engine; or
(c) resulting from
the application of pesticides in a manner consistent with their
labelling;
(9) releases
of oil and/or hazardous material related to coal, coal ash, or wood ash,
excluding wood ash resulting from the combustion of lumber or wood products
that have been treated with chemical preservatives;
(10) releases of oil and/or hazardous
material resulting from the land application, reuse, or disposal of wastewater
residuals and/or dredged spoils conducted in accordance with an approval,
permit or certification issued by the Department under the authority of 310 CMR
32.00: Land Application of Sludge and Septage, 314 CMR 9.00:
401 Water Quality Certification for Discharge of Dredged or Fill
Material, Dredging, and Dredged Material Disposal in Waters of the United
States within the Commonwealth, M.G.L. c. 21, §§ 26 through
53, M.G.L. c. 21A, § 14, M.G.L. c. 83, §§ 6 and 7 and M.G.L. c.
111, § 17;
(11) releases of
oil and/or hazardous material in groundwater detected by sampling conducted by
Public Water Supply owners or operators under 310 CMR 22.00: Drinking
Water as indicated by the presence of oil and/or hazardous material in
a public water supply source;
(12)
releases of oil and/or hazardous material resulting or emanating from:
(a) the asphalt binder in bituminous
pavement;
(b) piers, pilings and
building foundation structures;
(c)
landscaping timbers in use;
(d)
utility poles in use; or
(e)
building materials that are in good repair and still serving their original
intended use;
(13)
releases indicated solely by the presence of oil and/or hazardous material in
soils that are treated, recycled, reused or disposed of at a facility licensed,
permitted or approved by the Department, provided that:
(a) the soil has been excavated and
transported either from a disposal site in compliance with 310 CMR 40.0000, or
from a location that is not a disposal site, in compliance with all applicable
laws, regulations and license, permit or approval requirements; and
(b) the facility is operated in a manner
consistent with the terms and conditions of its license, permit or
approval;
(14) releases
of oil and/or hazardous material that require notification solely because an
RP, PRP or Other Person obtains knowledge of media concentrations and/or site
conditions that meet one or more of the sets of criteria set forth in
310
CMR 40.0311 through
310
CMR 40.0315, when such media concentration
value(s) and/or knowledge of site conditions resulted from a sampling,
analytical or observational error, as established by a preponderance of the
evidence and/or as verified by additional sampling, analyses, and/or
observation, within the applicable time period for notification;
(15) releases of oil and/or hazardous
material that require notification solely because an RP, PRP or Other Person
obtains knowledge of soil concentrations equal to or greater than one or more
applicable Reportable Concentrations, as specified in
310
CMR 40.0315, where a Limited Removal Action
conducted under the provisions of
310
CMR 40.0318 has reduced soil concentrations
of oil and/or hazardous material at the disposal site to an amount less than
the Reportable Concentration(s), within the allowable time period for
notification;
(16) releases
indicated by the presence of oil and/or hazardous material in concentrations or
quantities which would otherwise meet one or more of the sets of criteria set
forth in
310
CMR 40.0313 through
310
CMR 40.0315 at a disposal site where:
(a) a response action is being undertaken in
compliance with the provisions of 310 CMR 40.0000 to address such
release;
(b) a release notification
was previously provided to the Department for the disposal site on which the
release has been observed or documented; and
(c) such presence of oil and/or hazardous
material is consistent with the types, nature, exposure potential and
quantities of oil and/or hazardous material for which that notification was
provided to the Department;
(17) releases indicated by the presence of
oil and/or hazardous material at disposal sites for which a determination or
statement as specified in 310 CMR 40.0317(17)(a) through (f) has been provided,
in concentrations that would otherwise meet one or more of the sets of criteria
set forth in
310
CMR 40.0313 or
310
CMR 40.0315, unless the presence of such oil
and/or hazardous material would negate or change such determinations or
statements were that presence taken into account in the preparation thereof, or
changes in activities, uses, and/or exposures at the disposal site require
notification to the Department pursuant to the provisions of
310
CMR 40.0020. In this context, determinations
or statements include:
(a) a disposal site
where a Permanent Solution Statement has been submitted to the Department, in
compliance with the provisions of
310
CMR 40.1000;
(b) a disposal site where a Class A or Class
B Response Action Outcome Statement has been submitted to the Department in
compliance with the provisions of
310
CMR 40.1000;
(c) a disposal site where a No Further Action
Letter has been submitted to the Department, in compliance with the provisions
of 310 CMR 40.0600;
(d) a disposal
site where the Department has made a written determination that no further
actions are required;
(e) a
disposal site where an LSP Evaluation Opinion has been submitted to the
Department in compliance with 310 CMR 40.0600 stating either that the site is
not a disposal site for which notification is required pursuant to
310
CMR 40.0300 and no further response actions
are required or that completed response actions meet the requirements of a
Response Action Outcome; or
(18) threats of
release indicated by the outcome of tank tests specified in
310
CMR 40.0314, where a tank test outcome has
resulted from a testing error, as documented within the allowable time period
for notification by an additional test conducted on identical and unrepaired
underground storage tank system elements;
(19) releases of oil and/or hazardous
material to:
(a) an underground utility vault
if such releases are completely contained within the vault; or
(b) the interior of a building, provided such
releases are completely contained within the building;
(20) releases of trihalomethanes (chloroform,
bromodichloromethane, dibromochloromethane or bromoform) in groundwater
attributable to naturally-occurring ecological processes or leakage or
discharges from a public water supply system based on appropriate lines of
evidence;
(21) releases of oil or
waste oil of less than a Reportable Quantity that result in a sheen on a
surface water, provided that:
(a) federal
officials receive notice of such release pursuant to the Federal Water
Pollution Control Act as amended;
(b) a response occurs as directed by those
federal officials and according to other federal, state or local requirements
applicable to such a release and response;
(c) the sheen does not persist for more than
24 consecutive hours; and
(d) the
sheen does not recur at the same location within any 30-day period;
and
(22) arsenic,
beryllium or nickel in Boston Blue Clay or arsenic in an area documented by the
U.S. Geological Survey or in other scientific literature as an area of elevated
arsenic measured in soil or groundwater that
(a) is consistently present in the
environment at and in the vicinity of the sampling location;
(b) is solely attributable to natural
geologic or ecologic conditions; and
(c) has not been mobilized or transferred to
another environmental medium or increased in concentration in an environmental
medium as a result of anthropogenic activities.
(23) releases of propane, provided that such
releases are managed according to the Massachusetts Division of Fire Services
gas leak Emergency and Reporting Procedure in 527 CMR 6.00: Liquefied
Petroleum Gas Containers and Systems.
(24) releases of liquid nitrogen or liquid
oxygen, provided that such releases are managed according to requirements
specified by local public safety officials overseeing the response to such
releases.
Notes
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