310 CMR 40.0360 - Reportable Concentrations for Oil and Hazardous Material
(1) A release indicated by the measurement of
oil and/or hazardous material in soil and/or groundwater requires notification
to the Department under the provisions of
310
CMR 40.0315 if the measured concentration of
one or more listed substance in
310
CMR 40.1600 in any soil or groundwater sample
is equal to or greater than the media and category-specific Reportable
Concentration value listed at
310
CMR 40.1600 in effect on the date of the
sample analysis.
(2) Except for
gasoline, kerosene, and aviation fuel, the Reportable Concentration for the
oils listed at
310
CMR 40.1600 shall be the Reportable
Concentration established in
310
CMR 40.1600 for Total Petroleum Hydrocarbons
(TPH) or the Reportable Concentrations established in
310
CMR 40.1600 for the Aliphatic Hydrocarbon
Fractions and/or Aromatic Hydrocarbon Fractions which comprise these products.
Notification shall not be required for sites solely on the basis of a
measurement of TPH equal to or greater than an applicable Reportable
Concentration if data exists demonstrating that concentrations of the Aliphatic
and Aromatic Hydrocarbon Fractions comprising the TPH are less than the
applicable Reportable Concentrations established in
310
CMR 40.1600.
(3) The Reportable Concentration for
gasoline, kerosene, and aviation fuel shall be the Reportable Concentrations
established in
310
CMR 40.1600 for the Aliphatic and Aromatic
Hydrocarbon Fractions which comprise these products.
(4) The Reportable Concentration for Chromium
shall be the Reportable Concentration established in
310
CMR 40.1600 for Total Chromium or the
Reportable Concentrations established in
310
CMR 40.1600 for the specific species of
chromium. Notification shall not be required for sites solely on the basis of a
measurement of Total (unspeciated) Chromium equal to or greater than the
Reportable Concentration for Total Chromium if data exists demonstrating that
the concentrations of Hexavalent Chromium (Cr VI) and Trivalent Chromium (Cr
III) are both less than their applicable Reportable Concentrations established
in 310 CMR 40.1600.
(5) The Reportable Concentration values for
the hazardous materials listed at
310
CMR 40.1600, including hazardous materials
that may be components of oil or waste oil, shall be compared to concentrations
of hazardous material in soil or groundwater that have been measured by the
analytical procedures detailed in EPA Publication SW-846, Test Methods
for Evaluating Solid Waste, the Department's Compendium of Analytical
Methods or any other appropriate analytical procedure, as described in
310
CMR 40.0017.
(6) The techniques utilized for obtaining
soil and groundwater samples for comparison to the Reportable Concentration
values listed at
310
CMR 40.1600 shall be in conformance with
generally accepted practices and procedures, consistent with the Response
Action Performance Standard described in
310
CMR 40.0191, and shall not involve measures
or steps that are undertaken to cause or promote the dilution of analyte values
for the sole purpose of avoiding reporting obligations imposed in
310
CMR 40.0315.
(7) Persons notifying the Department of a
release under the provisions of
310
CMR 40.0315 and 40.0360 through
40.0369 shall specify whether
the measured concentration of one or more of the listed substances in
310
CMR 40.1600 constitutes a release of oil,
hazardous material, or both oil and hazardous material. Such a determination
shall be based upon:
(a) factual evidence
relating to the source and mechanism of the release;
(b) factual evidence relating to the storage,
use and disposal of oil and hazardous material at the site of the release;
and/or
(c) analytical
characterization of the release.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) A release indicated by the measurement of oil and/or hazardous material in soil and/or groundwater requires notification to the Department under the provisions of 310 CMR 40.0315 if the measured concentration of one or more listed substance in 310 CMR 40.1600 in any soil or groundwater sample is equal to or greater than the media and category-specific Reportable Concentration value listed at 310 CMR 40.1600 in effect on the date of the sample analysis.
(2) Except for gasoline, kerosene, and aviation fuel, the Reportable Concentration for the oils listed at 310 CMR 40.1600 shall be the Reportable Concentration established in 310 CMR 40.1600 for Total Petroleum Hydrocarbons (TPH) or the Reportable Concentrations established in 310 CMR 40.1600 for the Aliphatic Hydrocarbon Fractions and/or Aromatic Hydrocarbon Fractions which comprise these products. Notification shall not be required for sites solely on the basis of a measurement of TPH equal to or greater than an applicable Reportable Concentration if data exists demonstrating that concentrations of the Aliphatic and Aromatic Hydrocarbon Fractions comprising the TPH are less than the applicable Reportable Concentrations established in 310 CMR 40.1600.
(3) The Reportable Concentration for gasoline, kerosene, and aviation fuel shall be the Reportable Concentrations established in 310 CMR 40.1600 for the Aliphatic and Aromatic Hydrocarbon Fractions which comprise these products.
(4) The Reportable Concentration for Chromium shall be the Reportable Concentration established in 310 CMR 40.1600 for Chromium or the Reportable Concentrations established in 310 CMR 40.1600 for the specific species of chromium. Notification shall not be required for sites solely on the basis of a measurement of Total (unspeciated) Chromium equal to or greater than the Reportable Concentration for Chromium if data exists demonstrating that the concentrations of Hexavalent Chromium (Cr VI) and Trivalent Chromium (Cr III) are both less than the applicable Reportable Concentrations established in 310 CMR 40.1600.
(5) The Reportable Concentration values for the hazardous materials listed at 310 CMR 40.1600, including hazardous materials that may be components of oil or waste oil, shall be compared to concentrations of hazardous material in soil or groundwater that have been measured by the analytical procedures detailed in EPA Publication SW-846, "Test Methods for Evaluating Solid Waste", or any other appropriate analytical procedure, as described in 310 CMR 40.0017, and where there is greater than a 95% probability that the reported analyte is present at or above the Reportable Concentration.
(6) The techniques utilized for obtaining soil and groundwater samples for comparison to the Reportable Concentration values listed at 310 CMR 40.1600 shall be in conformance with generally accepted practices and procedures, consistent with the Response Action Performance Standard described in 310 CMR 40.0191, and shall not involve measures or steps that are undertaken to cause or promote the dilution of analyte values for the sole purpose of avoiding reporting obligations imposed in 310 CMR 40.0315.
(7) Persons notifying the Department of a release under the provisions of 310 CMR 40.0315 and 40.0360 through 40.0369 shall specify whether the measured concentration of one or more of the listed substances in 310 CMR 40.1600 constitutes a release of oil, hazardous material, or both oil and hazardous material. Such a determination shall be based upon:
(a) factual evidence relating to the source and mechanism of the release;
(b) factual evidence relating to the storage, use and disposal of oil and hazardous material at the site of the release; and/or
(c) analytical characterization of the release.