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40.1500:   The Numerical Ranking System and Scoring Instructions

The regulations published at 310 CMR 40.1501 through 40.1599, cited collectively as 310 CMR 40.1500, contain the requirements and procedures for using the Numerical Ranking System to score disposal sites for purposes of Tier Classification under 310 CMR 40.0500.

40.1501:   Purpose and Scope

310 CMR 40.1500 provides instructions for using the Numerical Ranking System and completing the Numerical Ranking System scoresheet.

40.1502:   Applicability

310 CMR 40.1500 applies to any person undertaking Tier Classification pursuant to 310 CMR 40.0500.

40.1503:   General Instructions

(1)   Any person performing Tier Classification shall score the disposal site being classified in accordance with 310 CMR 40.1500.

(2)   An LSP shall be engaged or employed for purposes of rendering an LSP Tier Classification Opinion regarding the NRS scoring of a disposal site.  In rendering such Opinion, the LSP shall consider the data, facts and other information known about a disposal site, including, but not limited to, the data, facts and other information obtained during Phase I and, if applicable, during Phase II.

(3)   The  Response Action Performance Standard (RAPS) shall be used when scoring a disposal site using the Numerical Ranking System.

(4)   All information used to develop an NRS score shall be documented in the applicable Phase Report(s) required by 310 CMR 40.0480 and/or 40.0800.

(5)   The NRS score for a disposal site is the sum of the separate scores developed for Sections II., III., IV., V. and VI. of the NRS Scoresheet.  The score for each Section is the sum of the separate scores developed for the Subsections of each Section.  Section VI. may be completed when allowed pursuant to 310 CMR 40.1509.

(6)   Risk Reduction.   In the event that Immediate Response Actions or Release Abatement Measures are completed at the disposal site prior to scoring pursuant to 310 CMR 40.1500, the oil and/or hazardous material, concentrations, and Exposure Pathways present after such action(s) shall serve as the basis for the NRS score for such disposal site.  All such risk reduction measures shall be fully documented in the applicable Phase Report(s).

(7)   The NRS Scoresheet requires units of measurement in micrograms per liter (ug/l) for groundwater and surface water concentrations and in micrograms per gram (ug/g) dry weight for soil concentrations.

(8)   Distances between the disposal site and identified resources shall be measured from any place where oil and/or hazardous material from the disposal site has come to be located to the boundary of the identified resource.

(9)   When manually completing an NRS scoresheet, all sections shall be completed in black ink.  The applicable values or scores in the scoresheet shall be circled.  When completing a scoresheet electronically, all sections shall clearly indicate the applicable values or scores.

40.1504:   NRS Section I. - Disposal Site Information

(1)   The DEP Release Tracking Number(s), Name and Address, and the location of the disposal site using Universal Transverse Mercator (UTM) coordinates shall be provided so that the disposal site being classified is properly identified. 

(2)   It shall be indicated where provided in Section I. whether the disposal site is categorically classified as Tier I pursuant to 310 CMR 40.0520(2)(a).

(3)   The name, license number, firm name and telephone number of the LSP rendering an Opinion regarding the NRS Scoresheet shall be provided and the LSP shall sign, seal and date the completed NRS Scoresheet.

40.1505:   NRS Section II. - Exposure Pathways

(1)   Section II. scores potential Exposure Pathways for four media: soil; groundwater; surface water; and air.  Based upon the exposure criteria provided in 310 CMR 40.1512, the potential Exposure Pathways for each media shall be characterized according to the following designations: None or Not Applicable; Evidence of Contamination; Potential Exposure Pathway; and, Likely or Confirmed Exposure Pathway.  Technical Justification pursuant to 310 CMR 40.0193 shall be provided in a Phase I Report or other supporting documentation when a designation of None or Not Applicable is provided for any media.

(2)   NRS scores for Section II. shall be derived by applying the criteria found in 310 CMR 40.1512 as follows:

(a)   310 CMR 40.1512(1) shall be applied to establish the score for Soil Exposures for Subsection II.A.; and

(b)   310 CMR 40.1512(2) shall be applied to establish the score for Groundwater Exposures for Subsection II.B.;  and

(c)   310 CMR 40.1512(3) shall be applied to establish the score for Surface Water Exposures for Subsection II.C.; and:

1.   Freshwater chronic Ambient Water Quality Criteria (AWQC) concentrations, if established, shall be used for evaluating impacts:

a.   to a freshwater environment, and

b.   to a marine environment if no marine AWQC has been established; or

2.   Marine chronic AWQC concentrations, if established, shall be used for evaluating impacts:

a.   to a marine environment, and

b.   to a freshwater environment if no freshwater AWQC has been established; or

3.   When no chronic AWQC concentrations have been established, acute AWQC concentrations shall be used for evaluating impacts; or 

4.   When no AWQC exist for an oil or hazardous material, the AWQC of a comparable compound shall be used; and

(d)   310 CMR 40.1512(4) shall be applied to establish the score for Air Exposures for Subsection II.D.

(3)   The rationale used for scoring subsections II.A. through II.D. in Table II.(A. - D.) shall be provided including specific page references to the Phase I and/or other applicable Phase Reports.

(4)   OHM (oil and hazardous materials) Sources, Subsection II.E., shall be assigned a score of:

(a)   zero if the disposal site contains one source of oil or hazardous material; or

(b)   25 if the disposal site includes two sources of oil or hazardous material; or

(c)   50 if the disposal site includes three or more sources of oil or hazardous material.

(5)   The total Section II. score shall be developed by adding the sum of the scores from Subsections II.A., II.B., II.C., II.D., and II.E.

(6)   It shall be indicated in Section II., where provided, if Section VI. is used to amend the Section II. score.

40.1506:   NRS Section III.:  Disposal Site Characteristics

(1)   Section III. evaluates the disposal site on the basis of: the type(s) of oil and hazardous materials released to the environment and the human health-based toxicity of such oil and hazardous materials in relation to the concentrations of such oil and hazardous materials in the environment; the mobility and persistence of such oil and hazardous materials; and, disposal site hydrogeology.

(a)   The highest toxicity score selected shall be assigned for Subsection III.A., OHM (oil and hazardous materials) Toxicity Score. An OHM Toxicity Score shall be selected for each oil or hazardous material identified at the disposal site in soils, including sediments, and in surface water and groundwater, where the soil, groundwater or surface water media  received an unamended score greater than zero in 310 CMR 40.1512.  OHM Toxicity Scores are not required to be developed for concentrations of oil and hazardous materials detected in the air.  One of the following methods shall be used in selecting the OHM Toxicity Score:

1.   The OHM Toxicity Score shall be selected from Table III.A. of 310 CMR 40.1511, based on the concentration of the oil or hazardous material in soil or water; or

2.   The OHM Human Health-Based Toxicity Value shall be selected from 310 CMR 40.1513(2), and the corresponding Toxicity Score shall be selected from 310 CMR 40.1511 Worksheet III.A.1, based on the concentration of the oil or hazardous material in soil or water; or

3.   For oil or hazardous materials not listed in Table III.A. of 310 CMR 40.1511 or 310 CMR  40.1513(2), a Toxicity Value shall be derived from the criteria contained in 310 CMR 40.1513(3)(a) or (b), and the corresponding Toxicity Score shall be selected from 310 CMR 40.1511 Worksheet III.A.1, based on the concentration of the oil or hazardous materials in soil or water; or

4.   If new toxicity data not included in 310 CMR 40.1513(2) for a particular oil or hazardous material become available from the U.S. Environmental Protection Agency after the effective date of 310 CMR 40.0000, the Toxicity Score shall be selected in accordance with 310 CMR 40.1506(1)(a)3., and such new data shall be documented in an addendum to the NRS Scoresheet.

(b)   In 310 CMR 40.1511 Subsection III.A., of the Numerical Ranking System Scoresheet the following shall be clearly identified:  the highest OHM Toxicity Score selected and assigned in accordance with 310 CMR 40.1506(1)(a); the corresponding substance name; the OHM Toxicity Value, if required pursuant to 310 CMR 40.1506; and the concentration in soil or water.

(c)   Multiple OHMs, Subsection III.B., shall be assigned a score of 30 points if more than one oil or hazardous material identified at the disposal site has an OHM Toxicity Score established pursuant to 310 CMR 40.1506(1)(a) to be greater than or equal to 30.

(d)   OHM Mobility and Persistence

1.   The Score for Subsection III.C., OHM Mobility and Persistence, is the highest of the individual OHM Mobility and Persistence Scores of all oil or hazardous materials for which such scores are developed.

2.   OHM Mobility and Persistence scores shall be developed for the following oil or hazardous materials identified in 310 CMR 40.1506(1)(a):

a.   for any oil or hazardous materials assigned an OHM Toxicity Score greater than or equal to 20; or

b.   if no oil or hazardous material has been assigned an OHM Toxicity Score greater than or equal to 20 but at least one has been assigned a score greater than or equal to ten, for any oil or hazardous material assigned an OHM Toxicity Score greater than or equal to ten; or

c.   if no oil or hazardous material has been assigned an OHM Toxicity Score greater than or equal to ten, for any oil or hazardous materials scored in Subsection III.A.

3.   An oil or hazardous material shall be assigned an OHM Mobility and Persistence Score using one of the following methods:

a.   the method as set forth in tables 310 CMR 40.1514(2) or 310 CMR 40.1514(3) if such oil or hazardous material appears in those tables; or

b.   the method as developed by using the factors and ranges provided in 310 CMR 40.1514(4); when such method is used, the OHM Mobility and Persistence Score shall be documented in an addendum to the NRS.

(e)   The Disposal Site Hydrogeology Score shall be indicated in Table III.D. of 310 CMR 30.1511.  This score shall be based on ranges of depths to groundwater and soil permeability specified in this section as follows:

1.   The highest identified seasonal groundwater level shall be used for the depth to groundwater; and

2.   The disposal site's soil permeability shall be identified using the criteria set forth in 310 CMR 40.1515.

(2)   The Section III. score shall be the total of the scores assigned for Subsections III.A., III.B., III.C., and III.D.

(3)   It shall be indicated in Section III. where provided if Section VI. is used to amend the Section III. score.

40.1507:   NRS Section IV. - Human Population and Land Uses

(1)   Section IV. evaluates the potential risks posed by the disposal site to public health and welfare based on nearby populations and land and water uses.

(a)   The score for Human Population, Subsection IV.A., is the sum of the scores for Residential Population Within 1/2 Mile, Institutions Within 500 feet and On-site Workers.

1.   Residential Population Within 1/2 Mile of the disposal site shall be assigned a score of:

a.   zero, if no residences are located in such area; or

b.   five, if less than 100 people live within such area; or

c.   ten, if 100 or more but less than 1000 people live within such area; or

d.   15, if 1000 or more people live within such area.

2.   Institutions within 500 feet of the disposal site shall be assigned a score of ten.

3.   The presence of On-Site Workers at the property or properties comprising the disposal site shall be assigned a score of:

a.   zero, if there are no On-Site Workers; or

b.   five, if there are one or more but less than 100 On-Site Workers; or

c.   ten, if there are 100 or more but less than 1,000 On-Site Workers; or

d.   15, if there are 1,000 or more On-Site Workers.

(b)   The score for Aquifers, Subsection IV.B., is the sum of the scores for Sole Source Aquifer and Potentially Productive Aquifer.

1.   The location of a disposal site in relation to an area designated  as a Sole Source Aquifer shall be assigned a score of :

a.   zero if no portion of the disposal site is located in such a Sole Source Aquifer; or

b.   25 if any portion of the disposal site is located in such a Sole Source Aquifer.

2.   The location of a disposal site in relation to an area designated by the Department to be a medium or high yield Potentially Productive Aquifer shall be assigned a score of:

a.   zero if no portion of the disposal site is located in such a Potentially Productive Aquifer; or

b.   15 if any portion of the disposal site is located in such a Potentially Productive Aquifer.

(c)   The Score for Water Use,  Subsection IV.C., is the sum of the scores for the Proximity of the Disposal Site to Public Drinking Water Supply Sources, Persons Served by the Public Drinking Water Supply, Private Water Supplies Within 500 Feet, and Alternative Public Water Supply Availability.

1.   Proximity of Disposal Site to Public Drinking Water Supply Source shall be assigned a score of:

a.   zero, if no portion of the disposal site is located within a Zone A, a Zone II, an IWPA, or 400 feet of a surface drinking water intake; or

b.   20, if any portion of the disposal site is located within a Zone A of a public drinking water supply; or

c.   50, if any portion of the disposal site is located within a Zone II, an IWPA, or 400 feet of a surface drinking water intake.

2.   Persons Served by Public Drinking Water Supply shall be assigned a score of:

a.   zero, if no portion of the disposal site is located within a Zone II, an IWPA, or 400 feet of a surface drinking water intake; or

b.   if any portion of the disposal site is located within a Zone II, an IWPA, or 400 feet of a surface drinking water intake, the disposal site shall be assigned a score of:

i.   five if the corresponding drinking water supply services less than 1,000 persons; or

ii.   ten, if the corresponding drinking water supply services 1,000 or more persons but less than 5,000 persons; or

iii.   20, if the corresponding drinking water supply services 5,000 or more persons but less than 50,000 persons; or

iv.   25, if the corresponding drinking water supply services 50,000 or more persons.

3.   Private Water Supplies Within 500 Feet shall be assigned a score of:

a.  zero, if there are no private water supplies located within 500 feet of any portion of the disposal site; or

b.   if there are private water supplies within 500 feet of any portion of the disposal site, the disposal site shall be assigned a score of:

i.   ten if those supplies are only used for commercial or industrial purposes not involving food processing or ingestion; or

ii.   15 if those supplies are only used for agricultural or residential purposes where human contact with the water is possible, but where the water is not ingested; or

iii.   25 if those supplies are used for drinking water, food processing or otherwise ingested by humans.

4.   Alternative Public Water Supply Available shall be assigned a score of:

a.   zero, if 310 CMR 40.1507(c)4.b. does not apply; or

b.   25, if the city or town the disposal site is located in has no public water supply system, or if the city or town the disposal site is located in is served by a public water supply and:

i.   the system connections are located greater than 500 feet from the disposal site; or,

ii.   if oil or hazardous materials from the disposal site have been detected in the public water supply; or

iii.   if any private water supply wells are located within 500 feet of any portion of the disposal site and such wells are located greater than 500 feet from the nearest system connection; or

iv.   if that public water supply system is otherwise unavailable to the disposal site area.

(2)   The Section IV. score shall be the total of the scores of Subsections IV.A., IV.B., and IV.C.

(3)   It shall be indicated in Section IV. where provided if Section VI. is used to amend the Section IV. score.

40.1508:   NRS Section V - Ecological Population

(1)   Section V evaluates the potential risks posed to the environment by a release of oil or hazardous materials based on the proximity of the disposal site to sensitive environmental areas.

(a)   The Score for Environmental Resource Areas, Subsection V.A. is the sum of the scores assigned to: Areas of Critical Environmental Concern; Species of Special Concern, Threatened or Endangered Species Habitat; Surface Water (including Wetlands and Vernal Pools); Wetlands, Vernal Pools or Outstanding Resource Waters; Fish Habitat; and Protected Open Space.

1.   Areas of Critical Environmental Concern (ACECs) shall be assigned a score of:

a.   zero, if no portion of the disposal site is located less than 500 feet from an ACEC; or

b.   20, if any portion of the disposal site is located 500 feet or less from the boundaries of an ACEC; or

c.   30, if any portion of the disposal site is located within the boundaries of an ACEC.

2.   Habitats of Species of Special Concern, Threatened or Endangered Species shall be assigned a score of:

a.   zero, if no portion of the disposal site is located less than 500 feet from the habitat of a Species of Special Concern, Threatened or Endangered Species; or

b.   30, if any portion of the disposal site is located less than 500 feet from any such habitat.

3.   Wetlands, Vernal Pool, or Outstanding Resource Waters shall be assigned a score of:

a.   zero, if no portion of the disposal site is located less than 100 feet from any wetland, vernal pool, or Outstanding Resource Water; or

b.   20, if any portion of the disposal site is located within 100 feet of the boundary of a wetland, vernal pool, or Outstanding Resource Water; or

c.   30 if any portion of the disposal site is located within the boundaries of a wetland, vernal pool, or Outstanding Resource Water.

4.   Fish Habitat shall be assigned a score of:

a.   zero, if no portion of the disposal site is located less than 500 feet from a Fish Habitat; or

b.   20, if any portion of the disposal site is located 500 feet or less from the boundaries of a Fish Habitat; or

c.   30, if any portion of the disposal site is located within the boundaries of a Fish Habitat.

5.   Protected Open Space shall be assigned a score of:

a.   zero, if no portion of the disposal site is located less than 500 feet from a Protected Open Space; or 

b.   20, if any portion of the disposal site is located 500 feet or less from the boundaries of a Protected Open Space; or

c.   30, if any portion of the disposal site is located within the boundaries of a Protected Open Space.

(b)   Environmental Toxicity Score, Subsection V.B shall be scored if the unamended score assigned to 310 CMR 40.1511 Subsection V.A. is greater than or equal to 30.  Subsection V.B. evaluates the disposal site on the basis of the type of oil or hazardous material released to the environment and the environmental toxicity of such oil or hazardous materials in relation to the concentrations of such oil or hazardous materials in the environment.

1.   The highest toxicity score selected shall be assigned for Subsection V. B., Environmental Toxicity Score.  An Environmental Toxicity Score shall be selected for each oil or hazardous material identified at the disposal site in soils, including sediments, and in surface water and groundwater where the soil, groundwater or surface water media received an unamended score greater than zero in 310 CMR 40.1512.  Environmental Toxicity Scores are not required to be developed for concentrations or oil or hazardous material detected in the air.  One of the following methods shall be used in selecting the Environmental Toxicity Score:

a.   The Environmental Toxicity Score shall be selected from Table V.B. of 310 CMR 40.1511, based on the concentration of the oil or hazardous material in soil or water; or

b.   The Environmental Toxicity Value shall be selected from 310 CMR 40.1516(1), and the corresponding Toxicity Score shall be selected from 310 CMR 40.1511 Worksheet V.B.1, based on the concentration of the oil or hazardous material in soil or water; or

c.   For oil or hazardous materials not listed in Table V.B. of 310 CMR 40.1511 or 310 CMR  40.1516(1), an Environmental Toxicity Default Value shall be derived from the criteria contained in 310 CMR 40.1516(2), and the corresponding Toxicity Score shall be selected from 310 CMR 40.1511 Worksheet V.B.1, based on the concentration of the oil or hazardous material in soil or water; or

d.   If new toxicity data not included in 310 CMR 40.1516(1) for a particular oil or hazardous material become available from the U.S. Environmental Protection Agency after the effective date of these regulations, the Toxicity Value shall be selected in accordance with 310 CMR 40.1516(3), the Toxicity Score shall be selected in accordance with 310 CMR 40.1511 Worksheet V.B.1. based on the concentration of the oil or hazardous material in soil or water, and such new data shall be documented in an addendum to the NRS Scoresheet.

2.   In 310 CMR 40.1511 Subsection V.B. of the Numerical Ranking System Scoresheet the following shall be clearly identified: the highest Environmental Toxicity Score selected and assigned in accordance with 310 CMR 40.1508(1)(b)1.; the corresponding substance name; the Environmental Toxicity Value if required pursuant to this section; and the concentration in soil or water.

(2)   The Section V. score shall be the sum of the scores from Subsections V.A and V.B.

(3)   It shall be indicated in Section V. where provided if Section VI. is used to amend the Section V. score.

40.1509:   NRS Section VI. - Mitigating Disposal Site-Specific Conditions

(1)   Section VI. may be used to add or subtract a maximum of 50 points from the total NRS score.  Additions or subtractions may only be made in five point increments for each subsection.

(2)   Section VI. shall only be used to amend a score when the LSP rendering an Opinion relative to the NRS for the RP, PRP or Other Person believes, or the Department determines, that specific disposal site conditions warrant a reduction or increase in the score assigned in a particular subsection pursuant to the Response Action Performance Standard in 310 CMR 40.0191.

(3)   Amendments shall directly relate to the range of scores possible in each particular subsection. Amendments shall not reduce the score assigned in a particular subsection to less than zero or increase such score above the maximum score that could be assigned.

(4)   The following amendments are allowable in Section VI., provided that the total number of points added or subtracted from all subsections does not exceed 50 points:

(a)   For amendments to 40.1511 subsections II.A., II.B., and II.C. up to 50 points may be added or subtracted in five point increments, provided the amended score for each subsection is not less than zero or more than 150 points.

(b)   For amendments to 40.1511 subsection II.D., up to 50 points may be added or subtracted in five point increments, provided the amended score for this subsection is not less than zero or more than 200 points.

(c)   For amendments to 40.1511 subsection II.E. up to 50 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than zero or more than 50 points.

(d)   For amendments to 40.1511 subsection III.A. up to 50 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than one or more than 80 points.

(e)   For amendments to 40.1511 subsection III.B. up to 30 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than zero or more than 30 points.

(f)   For amendments to 40.1511 subsection III.C. up to 50 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than zero or more than 50 points.

(g)   For amendments to 40.1511 subsection III.D. up to 20 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than two or more than 20 points.

(h)  For amendments to 40.1511 subsections IV.A. and IV.B. up to 40 points may be added or subtracted in five point increments in each subsection, provided the amended score for each subsection is not less than zero or more than 40 points.

(i)   For amendments to 40.1511 subsection IV.C. up to 50 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than zero or more than 125 points.

(j)   For amendments to 40.1511 subsection V.A. up to 50 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than zero or more than 150 points.

(k)   For amendments to 40.1511 subsection V.B. up to 35 points may be added or subtracted in five point increments, provided the amended score for the subsection is not less than zero or more than 35 points.

(3)   Section VI. of 310 CMR 40.1511 shall reference specific pages of the Phase I or other applicable Reports where the basis and Technical Justification for a score amendment are provided.

40.1510:   Completion of the NRS Scoresheet

(1)   Disposal Site Score.  The scores assigned for Sections II., III., IV., V., and VI. shall be recorded in the Scoresheet table marked "DISPOSAL SITE SCORE".  The scores assigned for Sections II., III., IV., V., and VI. shall be added and recorded in the "TOTAL" box on Scoresheet table marked "DISPOSAL SITE SCORE".

(2)   The disposal site's Tier Classification shall be indicated where required as Tier I or Tier II in accordance with the Disposal Site Score and tier classification criteria in 310 CMR 40.0520.

40.1511:   NUMERICAL RANKING SYSTEM SCORESHEET

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