Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart I - RISK CHARACTERIZATION
Section 40.0941 - Approaches to Characterizing Risk of Harm

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0941

Current through Register 1531, September 27, 2024

Several approaches may be employed to characterize the risk of harm to health, safety, public welfare and the environment. The specific Risk Characterization approach used shall depend upon the nature of the risk being assessed, the response action being performed and the nature of the disposal site.

(1) The methodology used to evaluate site conditions which may pose an Imminent Hazard is described in 310 CMR 40.0950 through 40.0959. This methodology shall be used to determine if notification is required pursuant to 310 CMR 40.0321, and if an Immediate Response Action is required by 310 CMR 40.0411 through 310 CMR 40.0429 to abate, prevent, or eliminate an Imminent Hazard.

(2) The methodology used to evaluate the risk of harm to safety shall be as described in 310 CMR 40.0960. A characterization of the risk of harm to safety is required at all disposal sites to determine the need for a response action or to demonstrate that a level of no significant risk of harm to safety exists or has been achieved.

(3) One of the following three options shall be used to determine the need for a remedial action or to demonstrate that a level of no significant risk of harm to health, public welfare and the environment exists or has been achieved:

(a) the characterization of the risk through the use of promulgated standards (hereafter referred to as Method 1), described in 310 CMR 40.0970 through 310 CMR 40.0979; or

(b) the characterizations of risk through the application of promulgated standards supplemented by site-specific information, described in 310 CMR 40.0980 through 310 CMR 40.0989 (hereafter referred to as Method 2); or

(c) the characterizations of risk through the application of site-specific methodologies, described in 310 CMR 40.0990 through 310 CMR 40.0999 (hereafter referred to as Method 3).

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