Current through Register 1531, September 27, 2024
(1) 310 CMR 40.1067
applies to remedial actions conducted at a disposal site after a Permanent
Solution Statement has been submitted to the Department.
(2) Nothing in 310 CMR 40.1067 shall affect
any person's duty to notify the Department of a release(s) or threat of
release(s) in accordance with M.G.L. c. 21E, and
310
CMR 40.0000 or limit the Department's
authority to establish site-specific requirements for response actions,
including response actions to address a violation(s) or
deficiency(ies).
(3) When remedial
actions are conducted after the submittal of a Permanent Solution Statement at
a disposal site pursuant to 310 CMR 40.1067, Remediation Waste shall be managed
in accordance with the provisions of
310
CMR 40.0030 and Remedial Wastewater shall be
managed in accordance with the provisions of
310
CMR 40.0040.
(4) For remedial actions conducted after the
submittal of a Permanent Solution with No Conditions the following requirements
shall apply:
(a) a Tier Classification or
Extension thereof is not required;
(b) unless otherwise specified by the
Department, no documentation, including a revised Permanent Solution Statement,
is required to be maintained by the person conducting response actions or
submitted to the Department, but may be maintained or submitted voluntarily;
and
(c) unless otherwise specified
by the Department, public involvement activities pursuant to
310
CMR 40.1400 are not required.
(5) For remedial actions conducted
within an area subject to an Activity and Use Limitation or which have the
potential to affect an area subject to an Activity and Use Limitation after the
submittal of a Permanent Solution with Conditions to the Department, the
following requirements shall apply:
(a)
Limited soil excavation may be undertaken without the need to notify the
Department and public involvement activities pursuant to
310
CMR 40.1400 are not required, provided:
1. such soil excavation is not prohibited by
the Activity and Use Limitation; and
2. except as provided in 310 CMR
40.1067(5)(b), such soil excavation does not result in the excavation of more
than 100 cubic yards of Remediation Waste contaminated solely by oil or waste
oil, or 20 cubic yards of Remediation Waste contaminated by hazardous material
or mixture of oil or waste oil and hazardous material;
(b) Remedial actions that either exceed the
scope of the limited soil excavation activities outlined in 310 CMR
40.1067(5)(a), or are being conducted to allow a change in Site Activities and
Uses pursuant to
310
CMR 40.1080, shall be conducted as Release
Abatement Measures, provided such remedial actions do not exceed the scope of a
Release Abatement Measure as described in
310
CMR 40.0442. Such remedial actions shall not
require a Tier Classification or Extension thereof, provided:
1. such remedial actions are conducted in
accordance with the requirements set forth in
310
CMR 40.0440, including requirements at
40.0442 that limit the scope of Release Abatement Measures, all requirements
for submittal of Plans, Status Reports, and Completion Statements;
2. notice to local officials is provided as
specified in
310
CMR 40.1403(3);
and
3. if such remedial actions are
being conducted to allow a change in Site Use and/or Activities, the
requirements in
310
CMR 40.1080 are met;
(c) Remedial actions that exceed the scope of
a Release Abatement Measure as described in
310
CMR 40.0442 shall be conducted as a Phase IV
Comprehensive Remedial Action, as specified at
310
CMR 40.0870, provided:
1. such remedial actions are conducted under
a valid Tier Classification or Extension thereof;
2. public involvement applicable to Phase IV
Comprehensive Remedial Action is conducted; and
3. if such remedial actions are being
conducted to allow a change in Site Use and Activities, the requirements in
310
CMR 40.1080 are met;
(d) A revised Permanent Solution Statement
shall be submitted upon completion of remedial actions when the terms and
conditions of an Activity and Use Limitation are changed through an amendment,
termination, or partial termination in accordance with
310
CMR 40.1080 and
40.1081. A revised Permanent
Solution Statement, whenever submitted, may be limited to the area in which the
response actions were conducted.
(6) For remedial actions conducted after a
Permanent Solution with Conditions Statement has been submitted to the
Department where an Activity and Use Limitation is not required pursuant to
310
CMR 40.1013, or where such remedial actions
are being conducted outside an area subject to an Activity and Use Limitation
and will not potentially affect the area subject to an Activity and Use
Limitation, the following requirements shall apply:
(a) Limited soil excavation may be undertaken
without the need to notify the Department or conduct public involvement
activities pursuant to
310
CMR 40.1400. Except as provided in
310
CMR 40.1067(6)(b), such soil
excavation shall not result in the excavation of more than 100 cubic yards of
Remediation Waste contaminated solely by oil or waste oil, or 20 cubic yards of
Remediation Waste contaminated by hazardous material or mixture of oil or waste
oil and hazardous material;
(b)
Remedial actions that exceed the scope of the limited soil excavation
activities outlined in
310
CMR 40.1067(6)(a) shall be
conducted as Release Abatement Measures and shall not require a Tier
Classification or Extension thereof, provided:
1. such remedial actions are conducted in
accordance with the requirements set forth in
310
CMR 40.0440, including requirements at
310
CMR 40.0442 that limit the scope of Release
Abatement Measures; and
2. notice
to local officials is provided as specified in
310
CMR 40.1403(3);
(c) Remedial actions
that exceed the scope of a Release Abatement Measure as described in
310
CMR 40.0442 shall be conducted as a Phase IV
Comprehensive Remedial Action, as specified at
310
CMR 40.0870, provided:
1. such remedial actions are conducted under
a valid Tier Classification or Extension thereof; and
2. public involvement applicable to Phase IV
Comprehensive Remedial Action is conducted;
(d) A revised Permanent Solution Statement
shall be submitted upon completion of remedial actions where such remedial
actions result in the elimination of one or more of the conditions associated
with the Permanent Solution with Conditions specified in
310
CMR 40.1013. A revised Permanent Solution
Statement, whenever submitted, may be limited to the area in which the response
actions were conducted;
(e)
Notwithstanding the provisions of
310
CMR 40.1067(6), where a
Permanent Solution with Conditions Statement has been submitted based upon
assumptions pursuant to
310
CMR 40.1013(1)(d), future
construction of a building that results in exposure to OHM from the disposal
site in indoor air in the new building shall be subject to notification
requirements of
310
CMR 40.0300 and, if necessary, the
performance of response actions to ensure that the requirements of a Permanent
Solution are met for the change in conditions and exposure that resulted from
the building construction.
(7) At disposal sites where an Engineered
Barrier has been implemented as part of a Permanent Solution with Conditions,
remedial actions conducted after a Permanent Solution with Conditions Statement
has been submitted to the Department:
(a) that
are in, affect the integrity of, or affect the area where an Engineered Barrier
is located:
1. shall be conducted under a
valid Tier Classification, or Extension thereof;
2. shall be conducted as a Phase IV
Comprehensive Remedial Action, as specified at
310
CMR 40.0870; and
3. shall include public involvement
applicable to Phase IV Comprehensive Remedial Actions;
(b) that are outside of and do not affect the
integrity of the Engineered Barrier or the area where an Engineered Barrier is
located, shall be conducted pursuant to
310
CMR 40.1067(5) or
310
CMR 40.1067(6), as
applicable.
(8) The
Department may specify in a Notice of Audit Findings that remedial actions are
necessary at a disposal site after a Permanent Solution Statement has been
submitted to the Department pursuant to
310
CMR 40.1067. Notwithstanding the provisions
of 310 CMR 40.1067 to the
contrary, all remedial actions conducted in response to a Notice of Audit
Findings pursuant to
310
CMR 40.1067 shall be documented in the
Post-Audit Completion Statement as described at
310
CMR 40.1170.
(9) Notwithstanding
310
CMR 40.1067, remedial actions initiated as a
URAM that include an area for which a Permanent Solution with Conditions has
been submitted to the Department and are consistent with the scope of
activities under
310
CMR 40.1067(5)(b) or
310
CMR 40.1067(6)(b), may
proceed as a URAM, provided such remedial actions are conducted in compliance
with the requirements of
310
CMR 40.1067(5) or (6), as
applicable. No rights to undertake actions beyond those rights otherwise
possessed by persons undertaking such actions are created by this
provision.
