Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart I - RISK CHARACTERIZATION
Section 40.0971 - Applicability of Method 1

(1) Method 1 may be used to characterize the risk of harm to health, public welfare and the environment at disposal sites where assessments conducted in accordance with 310 CMR 40.0000 have determined that the presence of oil and/or hazardous material is limited to soil and/or groundwater.

(2) If contamination is present in one or more environmental media other than soil or groundwater, Method 1 shall not be used, except as described in 310 CMR 40.0942(1)(b). Persistent odors in ambient or indoor air resulting from a release of oil and/or hazardous material to the environment shall prohibit the use of Method 1, except as described in 310 CMR 40.0942(1)(b)1.

(3) If oil or hazardous material that are known to bioaccumulate are present within two feet of the ground surface, and Environmental Receptors have been identified pursuant to 310 CMR 40.0922, then Method 1 shall not be used, except as described in 310 CMR 40.0942(1)(c).

(4) The documentation of the Risk Characterization shall affirm and document the applicability of Method 1 to the disposal site.

(5) A Method 1 Risk Characterization shall be conducted in combination with a separate characterization of the risk of harm to safety, as described in 310 CMR 40.0960.