Current through Register 1531, September 27, 2024
(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.
