Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart I - RISK CHARACTERIZATION
Section 40.0903 - Scope of the Risk Characterization and Supporting Documentation

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0903

Current through Register 1531, September 27, 2024

(1) The scope and level of effort of the Risk Characterization shall depend on the complexity of the disposal site and the response action being performed.

(a) The complexity of the disposal site shall be evaluated with reference to the Conceptual Site Model.

(b) The Risk Characterization shall be of sufficient scope and adequately documented to demonstrate that the Response Action Performance Standard (RAPS) has been met in accordance with 310 CMR 40.0191.

(c) Selection of the sampling approach (e.g., judgmental or systematic) and the sample collection procedure (e.g., discrete or incremental) employed at each Exposure Point shall consider, without limitation, what is known about the nature, extent and distribution of the contamination at the disposal site, the source(s) of the release impacting the Exposure Point, the number and types of contaminants present or potentially present within the Exposure Point, the spatial distribution of the contaminants within the Exposure Point, and the concentration variability.

(2) The length and complexity of the documentation of the Risk Characterization shall depend upon the nature of the site and the response action being performed, as well as the method of Risk Characterization being performed. The documentation may be written as a separate report or as one or more components of another submittal required pursuant to 310 CMR 40.0000. The documentation shall provide a technical justification for the data set used to calculate Exposure Point Concentrations, including the choice of sampling approach, the sample collection procedure, and the size of the data set. The justification shall be based on the contaminant distribution and variability and the size of the area sampled, and shall demonstrate consistency with 310 CMR 40.0904, 310 CMR 40.0926 and either 310 CMR 40.1056(2)(k) or 310 CMR 40.1057(2)(k), as applicable.

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