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.