310 Mass. Reg. 40.0994

Current through Register 1523, June 7, 2024

Section 40.0994 - Method 3 Public Welfare Risk Characterization

Purpose. There are two purposes for conducting a characterization of risk to public welfare:

(a) to identify and evaluate nuisance conditions which may be localized, and

(b) to identify and evaluate significant community effects. The characterization of risk to public welfare shall consider effects which are or may result from the presence of residual contamination or the implementation of a proposed remedial alternative.

The characterization of risk to public welfare shall be conducted for all current and reasonably foreseeable Site Activities and Uses identified in 310 CMR 40.0923, as follows:

(1) The characterization of the risk of harm to public welfare shall consider the site, receptor, and exposure information identified in 310 CMR 40.0901 through 310 CMR 40.0930, as well as data collected pursuant to the response action(s) being performed.

(2) the characterization of the risk to public welfare shall, in addition to those factors identified in 310 CMR 40.0994(1), also consider such factors as the existence of nuisance conditions, loss of active or passive property use(s), and any non-pecuniary effects not otherwise considered in the characterization of risk of harm to health, safety and the environment, but which may accrue due to the degradation of public resources directly attributable to the release or threat of release of oil and/or hazardous material or the remedial alternative.

(3) The risk of harm to public welfare shall also be characterized by:

(a) comparing the concentration of each oil or hazardous material to the Method 3 Ceiling Limits in Soil and Groundwater, as described at 310 CMR 40.0996; and

(b) assessing the presence of accessible visible coal tar waste deposits at the site, as described at 310 CMR 40.0997.

(4) A level of no significant risk of harm to public welfare exists or has been achieved if:

(a) No nuisance conditions exist or will result from the release or threat of release of oil or hazardous material, or the remedial alternative, including:

1. The breathing zone of ambient and indoor air are currently and will, in the reasonably foreseeable future, remain free from persistent, noxious odors,

2. There is accessible drinking water that is and will, in the reasonably foreseeable future, remain free from noxious taste and odors; and

3. Livestock is and will remain, in the reasonably foreseeable future, free from harmful effects. No specific evaluation of livestock is required if it is reasonable to conclude that the human health and environmental risk characterizations conducted for the site are also protective of livestock exposures.

(b) No community that is currently affected and/or community for which it is reasonably foreseeable to conclude that it could be affected by the release experiences significant adverse impacts as set forth as the factors to be considered in 310 CMR 40.0994(2); and

(c) The requirements of 310 CMR 40.0996 concerning the Method 3 Ceiling Limits are met; and

(d) The requirements of 310 CMR 40.0997 concerning the presence of visible coal tar waste deposits are met.

(5) The documentation of the Method 3 public welfare Risk Characterization shall clearly state whether or not a condition of no significant risk of harm to public welfare exists or has been achieved at the current and reasonably foreseeable Site Activities and Uses.