Current through Register 1531, September 27, 2024
Section 40.0835 - Phase II Report(1) A Phase II Report shall be submitted to the Department at the conclusion of Comprehensive Site Assessment activities pursuant to the applicable deadlines set forth in 310 CMR 40.0550 or 40.0560 or at Interim Deadlines specified by the Department.(2) A Phase II Report shall present, contain, or append relevant information, data, findings, and Opinions related to the Comprehensive Site Assessment of the disposal site.(3) A Phase II Report shall set forth in narrative and, to the extent possible, in maps, graphs, and tables, the disposal site Conceptual Site Model, approach, methods and results of the Phase II - Comprehensive Site Assessment.(4) The information and assessment findings outlined in 310 CMR 40.0835(4) shall be provided in the Phase II Report. Depending upon specific site and release conditions, it may be necessary to provide additional information to adequately characterize the disposal site, consistent with the Response Action Performance Standard described in 310 CMR 40.0191, or it may be appropriate to forgo particular assessment or information gathering elements and provide Technical Justification as described in 310 CMR 40.0193. (a) Disposal Site Name, Location and Locus Map, updated, if necessary, from what was provided in the Phase I Report;(b) Detailed Disposal Site Map(s), updated, as necessary, from the base map(s) provided in the Phase I Report, and depicting all investigatory and sampling points relevant to the Comprehensive Site Assessment, the boundaries of the disposal site in plan view, and, as appropriate, the vertical extent of contamination at the disposal site;(c) Disposal Site History, updated, supplemented, or modified if necessary from information provided in the Phase I Report;(d) Site Hydrogeological Characteristics, including details of subsurface investigations conducted at the disposal site, together with a comprehensive description and depiction of site hydrogeologic conditions, including, without limitation: 1. a description of all relevant geologic, hydrologic, geophysical, and other subsurface investigations and assessments conducted at the disposal site;2. documentation related to borings, well construction, and well development, including copies of well drilling logs, within or appended to the Phase II Report; and3. a detailed characterization of geologic and hydrogeologic conditions at the disposal site, including:a. groundwater potentiometric surface(s), gradients, flow rates, and flow direction(s);b. soil type(s), stratigraphy, and permeability;c. where appropriate, bedrock type and characteristics, depths and contours; andd. an evaluation and description of the potential for flooding;(e)Environmental Fate and Transport of Oil and/or Hazardous Material, including, as appropriate:1. an evaluation of the environmental fate and transport characteristics of the oil and/or hazardous material identified at the disposal site, including, without limitation, mobility, stability, volatility, persistence and bioaccumulative potential of the oil and/or hazardous material;2. identification and characterization of existing and potential migration pathways of the oil and/or hazardous material at and from the disposal site, including, as appropriate, air, soil, groundwater, soil gas, preferential migration pathways such as subsurface utility lines and other subsurface void spaces, surface water, sediment, and food chain pathways; and3. an evaluation of the potential for soil, groundwater, or NAPL to be a source of vapors of oil and/or hazardous material to indoor air of occupied structures as described in 310 CMR 40.0900;(f) Nature and Extent of Contamination, including a characterization of the nature, and vertical and horizontal extent of oil and/or hazardous material in the environment, including any and all source(s), the presence, distribution, and stability of any NAPL, tabulation of analytical testing results, and, where appropriate, a characterization of background concentrations of oil and/or hazardous material at the disposal site;(g) Exposure Assessment, including the identification and characterization of all potential human and environmental receptors that could be impacted by oil and/or hazardous material at or migrating from the disposal site, and, as appropriate, the quantification of exposure of oil and/or hazardous material to these receptors, including justification for the sampling approach and the Exposure Point Concentration calculation, under current and reasonably foreseeable site conditions, as described in 310 CMR 40.0900;(h) Risk Characterization, as set forth in 310 CMR 40.0900, for all appropriate human and environmental receptors identified at and near the disposal site; and(i) Conclusions, including a summary of the Phase II Comprehensive Site Assessment findings. The Conclusions section shall provide the disposal site Conceptual Site Model, the reasoning and results used to support the findings, and indicate and support the outcome of the Phase II Investigation as described in 310 CMR 40.0840.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.