310 CMR, § 40.0442 - Scope and Types of Release Abatement Measures

(1) The scope and complexity of Release Abatement Measures shall be commensurate with the amount of information known about, and the degree of risk associated with, release and disposal site conditions. A Release Abatement Measure shall not:

(a) be implemented without a level of understanding of disposal site conditions and surrounding receptors sufficient to support the actions taken;

(b) be continued at a disposal site where encountered oil and/or hazardous material, migration pathways, or exposure routes are substantially different from those anticipated;

(c) be conducted in a manner that is likely to result in the exposure of surrounding human or ecological receptors to levels of oil and/or hazardous material that could pose a significant risk of harm to health, safety, public welfare or the environment, as described in 310 CMR 40.0950;

(d) prevent or impede the implementation of likely future response actions; or

(e) be conducted in a manner inconsistent with the Response Action Performance Standard described in 310 CMR 40.0191.

(2) Release Abatement Measures conducted in accordance with the provisions of 310 CMR 40.0442(1) may include, without limitation:

(a) the excavation and off-site disposal of up to 500 cubic yards (cumulative, for the disposal site in question) of soil contaminated by oil and/or hazardous material at concentrations equal to or greater than applicable Reportable Concentrations, in conformance with 310 CMR 40.0030;

(b) the excavation and on or off-site treatment, recycling or reuse of up to 1500 cubic yards (cumulative, for the disposal site in question) of soil contaminated by oil and/or hazardous material at concentrations equal to or greater than applicable Reportable Concentrations, in conformance with 310 CMR 40.0030;

(c) the initiation of passive or active NAPL recovery systems that discharge to a closed container, or groundwater recovery or treatment systems that discharge Remedial Wastewater and/or Remedial Additives in accordance with 310 CMR 40.0040 to a sewer system, POTW, Non-publicly Owned Treatment Works, surface water body, or to the ground surface or subsurface and/or groundwater; or

(d) the implementation of a soil vapor extraction system and/or groundwater sparging system, with appropriate off-gas treatment and controls, as described in 310 CMR 40.0049.

(3) Notwithstanding 310 CMR 40.0442(1)(d), Release Abatement Measures may include construction of a structure that could prevent or impede the implementation of likely response actions in the future, provided that prior to or concurrent with conducting such construction activities, the following are completed for the area within and adjacent to the footprint of the proposed structure in a manner that achieves the substantive technical standards set forth in 310 CMR 40.0800 and 40.0900:

(a) a site assessment;

(b) a risk characterization;

(c) a feasibility evaluation;

(d) if the Exposure Point Concentrations of contaminants under such structure exceed applicable soil Method 3 Ceiling Limits (M3CLs) specified in 310 CMR 40.0996(7) or (8), the reduction of concentrations to levels at or below M3CLs to the extent feasible pursuant to 310 CMR 40.0860(4);

(e) the elimination or control of any Source of OHM Contamination as specified in 310 CMR 40.1003(5);

(f) the management of NAPL as specified in 310 CMR 40.1003(7)(a); and

(g) any other remedial actions deemed necessary to ensure the eventual achievement of a level of No Significant Risk for the entire disposal site.

(4) A permanent cap or Engineered Barrier, as defined in 310 CMR 40.0998, that is constructed as a Release Abatement Measure will not be considered part of a Permanent Solution at a disposal site, unless and until a Phase III performed pursuant to the provisions of 310 CMR 40.0850 demonstrates the lack of a feasible alternative.

(5) Release Abatement Measures shall not involve the excavation of greater than 1500 cubic yards (cumulative, for the disposal site in question) of soil contaminated by oil and/or hazardous material at concentrations equal to or greater than applicable Reportable Concentrations, unless a statement is provided in the Release Abatement Measure Plan by the RP, PRP or Other Person conducting response actions certifying that, based upon information and opinions provided by an LSP, such persons have sufficient financial resources to manage excavated materials in the manner and time frames specified at 310 CMR 40.0030.

Notes

310 CMR, § 40.0442

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