310 CMR 40.0520 - Basis for Tier Classification
(1)
Disposal Site Information.
(a) Any person performing Tier Classification
for a disposal site shall evaluate such disposal site using the Tier
Classification Criteria described in 310 CMR 40.0520(2) based upon:
1. for an initial Tier Classification, data,
facts and other information obtained during a Phase I - Initial Site
Investigation and documented in the Phase I Report pursuant to
310
CMR 40.0480, and any other relevant data,
facts or information known by such person at the time of the initial Tier
Classification; and
2. for
reclassification, any data, facts and other information obtained subsequent to
the initial Tier Classification that are relevant to determining whether the
disposal site conditions meet the Tier I Criteria at 310 CMR
40.0520(2).
(b) For an
initial Tier Classification or reclassification, all relevant data, facts and
other information considered during Tier Classification shall be documented in
the applicable Phase Report(s) and the LSP Tier Classification Opinion. LSPs
shall use the Response Action Performance Standard in
310
CMR 40.0191 to develop an LSP Tier
Classification Opinion.
(c) Any
person performing an initial Tier Classification or reclassification may
account for risk reduction measures, if any, conducted at the disposal site
pursuant to
310
CMR 40.0400 prior to performing such Tier
Classification or reclassification, including Immediate Response Actions,
Release Abatement Measures and Utility-related Abatement Measures.
(2)
Tier I
Criteria. Any disposal site which meets the following criteria at
the time of Tier Classification shall be classified as Tier I:
(a) there is evidence of groundwater
contamination with oil and/or hazardous material at concentrations equal to or
exceeding the applicable RCGW-1 Reportable Concentration set forth in
310
CMR 40.0360, and such groundwater is located
within an Interim Wellhead Protection Area, Zone II or within 500 feet of a
Private Water Supply Well;
(b) an
Imminent Hazard is present;
(c) one
or more remedial actions are required as part of an Immediate Response Action
pursuant to
310
CMR 40.0414(2); or
(d) one or more response actions are required
as part of an Immediate Response Action to eliminate or mitigate a Critical
Exposure Pathway pursuant to
310
CMR 40.0414(3).
(3) Any disposal site that meets
one or more of the Tier I Criteria set forth in 310 CMR 40.0520(2) and is
classified as Tier I may be reclassified as Tier II pursuant to
310
CMR 40.0530 once the Tier I Criteria no
longer apply at the disposal site, and, with regard to the Tier I Criteria at
310 CMR 40.0520(2)(b), (c) and (d), an Immediate Response Action Completion
Statement is submitted or has been submitted documenting the completion of the
Immediate Response Actions.
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) Disposal Site Scoring.
(a) Any person performing Tier Classification for a disposal site shall score such disposal site using the Numerical Ranking System described in 310 CMR 40.1500. The disposal site score shall be based upon data, facts and other information obtained during Phase I, and any other relevant data, facts or information known by the person performing Tier Classification, including, but not limited to, any data, facts or information obtained during a Phase II - Comprehensive Site Assessment, if Phase II work has been performed at such disposal site.
(b) All relevant data, facts and other information considered during Tier Classification shall be documented in the applicable Phase Report(s) and the LSP Tier Classification Opinion. LSPs shall use the Response Action Performance Standard in 310 CMR 40.0191 to develop an LSP Tier Classification Opinion.
(c) Any person performing Tier Classification may account for risk reduction measures, if any, that have been completed at the disposal site pursuant to 310 CMR 40.0400 prior to performing such Tier Classification , including Immediate Response Actions, Release Abatement Measures and Utility-related Abatement Measures.
(2) Tier I Inclusionary Criteria.
(a) Any disposal site which meets any of the following criteria shall be categorically classified as Tier I, regardless of the score such disposal site receives using the Numerical Ranking System:
1. any disposal site at which:
a. there is evidence of groundwater contamination with oil and/or hazardous material at concentrations equal to or exceeding the applicable RCGW-1 Reportable Concentration set forth in 310 CMR 40.0360 at the time of Tier Classification, and
b. such groundwater is located within an Interim Wellhead Protection Area or Zone II; or
2. any disposal site at which an Imminent Hazard is present at the time of Tier Classification.
(b) Any disposal site that is classified as Tier I only because such disposal site meets the criteria set forth in 310 CMR 40.0520(2)(a)2. may be reclassified as Tier II pursuant to 310 CMR 40.0530 once the Imminent Hazard is no longer present at the disposal site.
(c) For the purpose of assessing annual compliance assurance fees in accordance with 310 CMR 4.00 for billable years prior to June 27, 2003, each disposal site for which the Department does not receive one of the following by the applicable deadline for Tier Classification shall be categorically classified as a Tier IB disposal site on the date of the applicable deadline if such deadline is prior to June 27, 2003.
1. a Response Action Outcome Statement, or
2. a Tier Classification Submittal, and, if applicable, an application for a Tier I Permit.
(d) Each disposal site for which the deadline for Tier Classification pursuant to 310 CMR 40.0501(3) is prior to February 1, 1995, and for which the Department has not received a Tier Classification Submittal or a Response Action Outcome Statement by February 24, 1995, shall be categorically classified as Tier IB, effective February 24, 1995.
(3) NRS Cut-off Scores. The score a disposal site receives using the Numerical Ranking System shall serve as the basis for the LSP Tier Classification Opinion as follows:
(a) any disposal site receiving a total score equal to or greater than 550 shall be considered Tier IA;
(b) any disposal site receiving a total score less than 550 and equal to or greater than 450 shall be considered Tier IB;
(c) any disposal site receiving a total score less than 450 and equal to or greater than 350 shall be considered Tier IC; and
(d) any disposal site receiving a total score of less than 350 shall be considered Tier II, unless such disposal site meets any of the Tier I Inclusionary Criteria specified in 310 CMR 40.0520(2)(a), in which case the disposal site shall be considered Tier IC.