Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES
Section 40.0483 - Content of Phase I Report

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0483

Current through Register 1531, September 27, 2024

(1) Except as provided in 310 CMR 40.0483(2) and 40.0193, the following information shall be contained in all Phase I Reports submitted to the Department, in the format established below:

(a) General Disposal Site Information. The Phase I Report shall provide general information which defines and describes the disposal site and surrounding area, including:
1. the DEP Release Tracking Number(s) applicable to the disposal site under investigation;

2. the address(es) and geographical location coordinates of the disposal site and/or properties comprising the disposal site;

3. a Disposal Site Locus Map, based upon a U.S.G.S. topographic or equivalent map, depicting 500 foot and 1/2 mile radii from the boundaries of the disposal site;

4. an estimate of the number of on-site workers at the disposal site;

5. an estimate of the residential population within a 1/2 mile radius of the disposal site;

6. a general description of land uses surrounding the disposal site;

7. the number of Institutions within 500 feet of the disposal site; and

8. a listing and description of any of the following natural resource areas located within 500 feet of the disposal site:
a. all surface waters, including wetlands, vernal pools, ponds, lakes, streams, rivers, and reservoirs;

b. drinking water supplies consisting of Zone II areas, Interim Wellhead Protection Areas, Zone A areas, Potentially Productive Aquifers, and private wells; and

c. Areas of Critical Environmental Concern, Sole Source Aquifers, local, state and/or federal protected open space, fish habitats, and habitats of Species of Special Concern or Threatened or Endangered Species.

(b) Disposal Site Map. Phase I Reports shall include one or more maps or plans depicting the location of the following:
1. disposal site boundaries, to the extent they have been defined by assessments conducted to date;

2. boundaries of properties located within the disposal site; and

3. the following structures, areas and monitoring points, as appropriate:
a. on-site buildings;

b. floor and storm drains;

c. subsurface utilities serving or transecting the disposal site;

d. oil and/or hazardous material storage and disposal structures and/or areas;

e. the location of any known oil and/or hazardous material releases and/or threats of release; and

f. monitoring wells, borings, test pits and other relevant sampling and screening points.

(c) Disposal Site History. The disposal site history shall be presented in the Phase I Report in reverse chronological order, beginning with the current use of the disposal site, and shall include the following:
1. Owner/Operator and Operations History.
a. a list of current and relevant previous owners and operators of the properties comprising the disposal site, including dates of ownership and operation; and

b. a description of current and historical uses of the disposal site, including residential, commercial and industrial activities and manufacturing processes, and the location of buildings and structures currently or previously located on the disposal site.

2. Release History. A description of any known and relevant releases of oil and/or hazardous material at the disposal site shall be provided. For each relevant release, the description shall include:
a. the source and location of the release;

b. the known or suspected cause of the release;

c. the known or approximate date and duration of the release;

d. the type of oil and/or hazardous material released;

e. the known or approximate volume of the release; and

f. any measures taken to assess, contain or mitigate the release.

3. Oil and/or Hazardous Material Use and Storage History. The Phase I Report shall describe all relevant current and past use and storage of oil and/or hazardous material at the disposal site, and shall include a description of the following:
a. types of oil and/or hazardous material, including generic names, chemical names and trade names, if available;

b. uses or oil and/or hazardous material;

c. quantities used;

d. periods of use;

e. on-site storage locations, underground storage tanks, above-ground tanks, drums, lagoons, pits and piles; and

f. age and volume of tanks and other storage containers.

4. Waste Management History. The Phase I Report shall include a general description of all known relevant waste management practices, excluding the off-site disposal of solid waste. This description shall address the types of wastes or waste streams, and the locations of points of discharge or on-site disposal or treatment with respect to the following:
a. land disposal, including landfills and lagoons;

b. subsurface disposal including drains, dry wells, septic systems and leach fields;

c. surface water discharges to natural and man-made water bodies;

d. discharges to wastewater treatment plants; and

e. any other relevant means of disposal or treatment.

5. Environmental Permits and Compliance History. The Phase I Report shall include a history of all relevant local, state and federal environmental permits and oil and/or hazardous material storage permits issued for the disposal site or on-site facilities, including without limitation information on any permit violations. Relevant permits may include but are not limited to:
a. permits for M.G.L. c. 21E response actions;

b. oil and/or hazardous material storage permits;

c. wastewater discharge permits;

d. groundwater discharges permits;

e. air quality discharges permits;

f. wetlands alteration permits;

g. Resource Conservation and Recovery Act (RCRA) permits; and

h. National Pollution Discharge Elimination System (NPDES) permits.

6. Potentially Responsible Parties. The Phase I Report may include a list of the names and addresses of all Potentially Responsible Parties identified for the disposal site.

(d) Site Hydrogeological Characteristics. The Phase I Report shall include details of subsurface investigations conducted at the disposal site, together with a preliminary or generalized description and depiction of site hydrogeologic conditions, including, without limitation:
1. a concise description of all relevant geologic, hydrologic, geophysical and other subsurface investigations and assessments conducted to date at the disposal site;

2. documentation on boring advancement, well construction and well development, including copies of well drilling logs, within or appended to the Phase I Report;

3. a characterization of general site topography, including slope, presence of bedrock outcrops and surface drainage features;

4. a characterization of geologic and stratigraphic conditions, including:
a. soil type(s), stratigraphy and evidence of filling or waste disposal;

b. where appropriate, the known or estimated depths to, and description of, bedrock; and

5. a description and graphical depiction of groundwater flow direction or potentiometric surface elevations, indicating the location of monitoring wells.

(e) Nature and Extent of Contamination. The Phase I Report shall provide information on the nature and extent of contamination, as determined by Initial Site Investigation Activities and Preliminary Response Actions undertaken to date at the disposal site, including:
1. evidence of releases of oil and/or hazardous material to the environment including visual and olfactory evidence, results of field screening and laboratory analysis, and historical knowledge;

2. the names, concentrations, and volumes (if applicable) of all released oil and hazardous material detected to date at the disposal site:
a. volumes shall be reported in gallons, pounds, tons or cubic feet, as appropriate;

b. analytical results for each media sampled shall be summarized in the text and in tables in the body of the Phase I Report;

c. for the purpose of disposal site classification, maximum and minimum concentrations for each contaminant detected shall be identified in a summary table in the body of the Phase I Report;

3. laboratory data sheets, included in an appendix to the Phase I Report;

4. information and details on the approximate horizontal and vertical extent of contamination based on best available information, as obtained from site investigations of scope and detail commensurate with release and site conditions; and

5. information and details on NAPL, if present or suspected, including NAPL stability and the approximate horizontal and vertical extent of NAPL contamination, as obtained from site investigations of scope and detail commensurate with release and site conditions.

(f) Migration Pathways and Exposure Potential. The Phase I Report shall describe and evaluate known and potential contaminant migration pathways and Exposure Points, to the extent that such information is known, including:
1. evidence of and the potential for oil and/or hazardous material migration by one or more of the following pathways:
a. air;

b. soil;

c. groundwater;

d. soil gas;

e. preferential flow pathways such as subsurface utility lines and void spaces; and/or

f. surface water, including sediments;

2. a discussion of known and potential human exposure to oil and hazardous material present at the disposal site, by inhalation, dermal contact or ingestion of contaminants; and

3. a discussion of known and potential impacts of oil and hazardous material present at the disposal site to environmental receptors, with special attention given to the natural resource areas referenced in 310 CMR 40.0483(1)(a)8.c.

(g) Evaluation for Immediate Response Actions. The Phase I Report shall include an evaluation of the need to conduct an Immediate Response Action, as described in 310 CMR 40.0412.

(h) Conclusions. The Phase I Report shall include a Conclusions section containing a summary of findings and statement of conclusions with respect to the site, a preliminary Conceptual Site Model for the disposal site and the outcome of Initial Site Investigation Activities, as documented in the Phase I Report, and as described in 310 CMR 40.0486.

(2) In addition to the Phase I Report requirements set forth in 310 CMR 40.0483(1), such additional information as may be necessary to adequately and completely characterize a disposal site in accordance with the Response Action Performance Standard described in 310 CMR 40.0191, and/or as required by unique release, threat of release and/or site conditions, shall be provided in the Phase I Report. It may also be appropriate to eliminate certain information categories, or investigation or assessment elements from the Phase I Report, as may be consistent with unique release, threat of release and/or site conditions, by application of the Technical Justification standard set forth in 310 CMR 40.0193.

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