reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0343 - Criteria for Listing Oil and Hazardous Material

Current through Register 1525, July 5, 2024
In determining whether to list a substance as an oil or
				  hazardous material, the Department shall consider whether or not the substance
				  meets the statutory definition of oil or hazardous material. This determination
				  by the Department shall include, but not be limited to, a consideration of the
				  following factors:
(1) whether or not
				other state or federal agencies with expertise in the regulation and management
				of such substances have identified or characterized that substance as hazardous
				to health, safety, public welfare, or to the environment;
(2) the extent to which the substance
				exhibits the characteristics of acute toxicity, chronic toxicity,
				carcinogenicity, mutagenicity, ignitability, corrosivity, reactivity,
				infectivity or radioactivity; and
(3) any substantial and relevant scientific
				data submitted by any person in support of adding any substance to or deleting
				any substance from
				310
				CMR 40.1600.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0344 - Adding and Deleting Substances to or from the Massachusetts Oil and Hazardous Material List

Current through Register 1525, July 5, 2024
(1) The Department
				shall review the Massachusetts Oil and Hazardous Material List, which appears
				at 310 CMR 40.1600, at least
				once every five years for the purposes of adding or deleting oil and/or
				hazardous material.
(2) Substances
				may be added to or deleted from
				310
				CMR 40.1600 at any time in accordance with
				the following procedures:
(a) The Department
				may, in accordance with the procedures set forth in M.G.L. c. 30A and other
				applicable laws for adopting, amending or repealing regulations:
1. add substances to
				310
				CMR 40.1600 that meet any of the criteria set
				forth in
				310
				CMR 40.0343; or
2. delete substances from
				310
				CMR 40.1600 that do not meet the criteria set
				forth in
				310
				CMR 40.0343.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0345 - The Massachusetts Oil and Hazardous Material List

Current through Register 1525, July 5, 2024
The oils and hazardous materials listed at
				  310
				  CMR 40.1600 are subject to the requirements
				  of 310 CMR 40.0000 unless
				  specifically excluded from regulation thereunder. The Reportable Quantities and
				  Reportable Concentrations which appear beside listed oils and hazardous
				  materials represent those levels which, upon their release or threat of
				  release, invoke the notification requirements of
				  310
				  CMR 40.0300.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0346 - Criteria for Determining the Characteristics of Hazardous Material

Current through Register 1525, July 5, 2024
In determining whether a substance should be identified as a
				  hazardous material by characteristic, the Department shall first determine that
				  the characteristic can be either:
(1)
				measured by an available standardized test method that is within the capability
				of independent laboratories that are available to the public; or
(2) reasonably detected by persons handling
				hazardous material through their knowledge of those materials.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0347 - Characteristics of Hazardous Material

Current through Register 1525, July 5, 2024
310 CMR 40.0347 describes the characteristics of materials
				  that are hazardous materials but that may not be listed at
				  310
				  CMR 40.1600. Any material that exhibits one
				  or more of the following characteristics is subject to
				  310
				  CMR 40.0000, unless it is specifically
				  excluded from regulation thereunder.
(1)
Ignitability
:
(a) A substance is a hazardous material if a
				representative sample exhibits any of the following properties:
1. it is a liquid and has a flash point of
				less than 60°C [approximately 140°F]. However, an aqueous solution of
				ethyl alcohol which contains less than 24% alcohol by volume is not considered
				ignitable under
				310
				CMR 40.0000;
2. it is not a liquid and is capable under
				standard temperature and pressure of catching fire through friction, absorption
				of moisture or spontaneous chemical changes and, when ignited, burns so
				vigorously and persistently that it creates a hazard;
3. it is a compressed gas and ignitable;
				or
4. it is an oxidizer;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0350 - Reportable Quantities for Oil and Hazardous Material

Current through Register 1525, July 5, 2024
(1) The Reportable
				Quantities for the following substances are established in
				310
				CMR 40.0351 and
				40.0352:
(a) oils and hazardous materials that are
				listed at
				310
				CMR 40.1600; and
(b) hazardous materials that exhibit one or
				more of the characteristics set forth in
				310
				CMR 40.0347(1) through
				(5).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0351 - Reportable Quantities for Oil

Current through Register 1525, July 5, 2024
Reportable Quantities for oils appear at
				  310
				  CMR 40.1600.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0352 - Reportable Quantities for Hazardous Material

Current through Register 1525, July 5, 2024
(1)
Listed Hazardous Material
:
(a) Reportable Quantities for listed
				hazardous material appear at
				310
				CMR 40.1600; and
(b) the applicable Reportable Quantity for a
				hazardous material that is listed at
				310
				CMR 40.1600 and that also exhibits one or
				more of the characteristics described at
				310
				CMR 40.0347(1) through (5)
				shall be the Reportable Quantity listed at
				310
				CMR 40.1600 for that particular hazardous
				material.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0361 - Reportable Concentrations of Oil and Hazardous Material in Soil

Current through Register 1525, July 5, 2024
(1) For the purpose
				of determining whether a notification obligation exists under
				310
				CMR 40.0315, measured concentrations of any
				oil or hazardous material listed at
				310
				CMR 40.1600 shall be compared to the
				Reportable Concentration value in the reporting category that best
				characterizes the current use of the site under evaluation, as described below:
(a)
Reporting Category
				RCS-1
. Reporting category RCS-1 shall be applied to all soil
				samples obtained:
1. at or within 500 feet of
				a residential dwelling, a residentially-zoned property, school, playground,
				recreational area or park; or
2.
				within the geographic boundaries of a groundwater resource area categorized as
				RCGW-1 in
				310
				CMR 40.0362(1)(a).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0362 - Reportable Concentrations of Oil and Hazardous Material in Groundwater

Current through Register 1525, July 5, 2024
(1) For the purpose
				of determining whether a notification obligation exists under
				310
				CMR 40.0315, measured dissolved
				concentrations of any oil or hazardous material listed at
				310
				CMR 40.1600 shall be compared to the
				Reportable Concentration value in the reporting category that best
				characterizes the site under evaluation, as described below:
(a)
Reporting Category
				RCGW-1
. Reporting category RCGW-1 shall be applied to all
				groundwater samples obtained:
1. within a
				Current Drinking Water Source Area; or
2. within a Potential Drinking Water Source
				Area.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0370 - Requirements for Releases of Oil and/or Hazardous Material That Do Not Require Notification

Current through Register 1525, July 5, 2024
(1)
				Response actions shall be undertaken for releases or threats of release of oil
				and/or hazardous material that do not require notification under
				310
				CMR 40.0300 if the releases or threats of
				release pose a significant risk to health, safety, public welfare, or the
				environment, as described in
				310
				CMR 40.0900.
(2) Persons undertaking response actions for
				releases or threats of release of oil and/or hazardous material that do not
				require notification under
				310
				CMR 40.0300, unless otherwise notified by the
				Department, are not subject to the submittal requirements, approvals, or fees
				specified in
				310
				CMR 40.0000. All such response actions shall
				conform to all applicable federal, state or local laws, regulations, or
				ordinances.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0371 - Release Notification Form

Current through Register 1525, July 5, 2024
(1)
				Written notification of releases and threats of release required under
				310
				CMR 40.0333 shall be submitted to the
				Department on a form established by the Department for such purposes and shall
				include, without limitation, the following:
(a) the location and address where the
				release or threat of release occurred;
1. the
				street number, city or town, and zip code, where applicable; and
2. the location coordinates;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0400 - Preliminary Response Actions and Risk Reduction Measures

Current through Register 1525, July 5, 2024
310 CMR 40.0401 through
				  40.0499, cited collectively
				  as 310 CMR 40.0400, set forth requirements and procedures for Preliminary
				  Response Actions and risk reduction measures.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0401 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose of
				  310
				  CMR 40.0400 is to describe the nature and
				  extent of Preliminary Response Actions that are undertaken at a site or vessel
				  following a release or the discovery of a release or a threat of release of oil
				  and/or hazardous material, and to prescribe standards and procedures for
				  conducting Immediate Response Actions, Release Abatement Measures, and
				  Utility-related Abatement Measures, whether they are conducted as part of a
				  Preliminary Response Action or at any other time.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0402 - Applicability

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 40.0400 apply to releases and threats of
				  release of oil and/or hazardous material that require reporting to the
				  Department under the provisions of
				  310
				  CMR 40.0300. No provision of
				  310
				  CMR 40.0400 shall limit the authority of the
				  Department to initiate, oversee or order the performance of any response action
				  deemed necessary by the Department to protect health, safety, public welfare or
				  the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0403 - Responses to Releases and Threats of Release

Current through Register 1525, July 5, 2024
(1) Response actions shall be taken by RPs,
				and may be taken by PRPs and Other Persons, to assess and, where necessary,
				remediate all releases and threats of release of oil and/or hazardous material
				to the environment.
(2) The nature,
				extent and timing of response actions shall be dependent upon the type(s) and
				amount(s) of oil and/or hazardous material released or threatening to be
				released, site conditions, and the proximity and sensitivity of human and
				environmental receptors.
(3)
				Preliminary Response Actions, as described in
				310
				CMR 40.0405, shall be conducted within the
				one year period following the earliest date specified in
				310
				CMR 40.0404(3). Preliminary
				Response Actions may be sufficient for complete evaluation and/or remediation
				of localized or uncomplicated releases and threats of release at some sites,
				and shall consist of:
(a) Initial Site
				Investigation Activities, as described in
				310
				CMR 40.0405(1), up to and
				including those activities required for preparation of a Phase I Report, if
				necessary, as described in
				310
				CMR 40.0480; and
(b) where required, one or more Immediate
				Response Actions, as described in
				310
				CMR 40.0410, or, where appropriate, one or
				more Release Abatement Measures, as described in
				310
				CMR 40.0440.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0404 - Timing of Response Actions

Current through Register 1525, July 5, 2024
(1) RPs
				and any other persons conducting response actions shall initiate, implement,
				and complete those response actions described in
				310
				CMR 40.0400 within the time frames specified
				in 310 CMR 40.0400 and/or any
				Interim Deadlines specified by the Department pursuant to
				310
				CMR 40.0167.
(2) RPs and any other persons conducting
				response actions shall submit all required plans, status reports, completion
				reports, and other required response action documentation described in
				310
				CMR 40.0400 within the time frames specified
				in 310 CMR 40.0400 and/or any
				Interim Deadline specified by the Department pursuant to
				310
				CMR 40.0167.
(3) Except for notifications retracted
				pursuant to the provisions of
				310
				CMR 40.0335, a Permanent Solution Statement
				or Tier Classification Submittal shall be received by the Department within one
				year of the earliest following dates:
(a) the
				date that oral notification is received by the Department from any person
				listed at
				310
				CMR 40.0331 of a release or threat of release
				that requires notification pursuant to the "two Hour" or "72 Hour" notification
				provisions of
				310
				CMR 40.0311 through
				40.0314;
(b) the date that written notification is
				received by the Department from any person listed at
				310
				CMR 40.0331 of a release that requires
				notification pursuant to the "120 Day" notification provisions of
				310
				CMR 40.0315; or
(c) the date that the Department issues a
				Notice of Responsibility to any person listed at
				310
				CMR 40.0331 specifying that they are an RP or
				PRP for a release or threat of release that requires a response action pursuant
				to 310 CMR 40.0400.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0405 - Overview of Preliminary Response Actions

Current through Register 1525, July 5, 2024
(1)
Initial Site Investigation
				Activities.
(a) Initial Site
				Investigation Activities shall consist of limited investigative and assessment
				actions of sufficient scope and level of effort to make and/or guide
				determinations on required and appropriate response actions at a site. Initial
				Site Investigation Activities may include, without limitation:
1. evaluation of records relating to the
				release, threat of release or impacted site;
2. evaluation of underground storage tank
				testing results;
3. testing and/or
				retesting of underground storage tanks;
4. evaluation of environmental monitoring
				data;
5. limited sampling and
				analysis of soil, sediment, groundwater, surface water, soil gas, indoor air or
				ambient air; and
6. any other
				limited investigations, monitoring, surveys, testing or information gathering
				activities necessary to evaluate releases and threats of release of oil and/or
				hazardous material, excluding removal and containment actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0406 - Possible Outcomes of Preliminary Response Actions

Current through Register 1525, July 5, 2024
(1) Within the one year time period specified
				in 310 CMR
				40.0404(3), one of the
				following actions shall be taken by RPs, and may be taken by PRPs or Other
				Persons:
(a) a Permanent Solution Statement
				shall be submitted to the Department, as described in
				310
				CMR 40.1000, indicating that assessment
				and/or remedial actions taken at the site have resulted in a Permanent
				Solution; or
(b) a Phase I Report
				and Tier Classification Submittal shall be submitted to the Department, in
				accordance with the provisions of
				310
				CMR 40.0500, indicating that a Comprehensive
				Response Action will be undertaken at the site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0410 - Immediate Response Actions

Current through Register 1525, July 5, 2024
310 CMR 40.0411 through
				  40.0429, cited collectively
				  as 310 CMR 40.0410, set forth requirements and procedures for conducting
				  Immediate Response Actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0411 - General Provisions for Immediate Response Actions

Current through Register 1525, July 5, 2024
(1) Immediate Response Actions shall assess
				release, threat of release and/or site conditions and, where appropriate,
				contain, isolate, remove or secure a release or threat of release of oil and/or
				hazardous material in order to:
(a) abate,
				prevent or eliminate an Imminent Hazard to health, safety, public welfare or
				the environment; and/or
(b) respond
				to other time-critical release, threat of release and/or site
				conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0412 - Sites Where an Immediate Response Action is Required

Current through Register 1525, July 5, 2024
Immediate Response Actions shall be conducted at the
				  following sites:
(1) sites or vessels
				where a release or threat of release of oil and/or hazardous material has
				occurred which requires notification to the Department under the "Two Hour"
				notification provisions of
				310
				CMR 40.0311 or
				40.0312;
(2) sites where a release or threat of
				release of oil and/or hazardous material has occurred which requires
				notification to the Department under the "72 Hour" notification provisions of
				310
				CMR 40.0313 or
				40.0314;
(3) sites where a release of oil and/or
				hazardous material has resulted in conditions which have been determined to
				pose an Imminent Hazard pursuant to
				310
				CMR 40.0950; and
(4) any other site or vessel where the
				Department determines that immediate or accelerated response actions are
				necessary to prevent, eliminate, or minimize damage to health, safety, public
				welfare or the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0414 - Scope and Types of Immediate Response Actions

Current through Register 1525, July 5, 2024
(1) At a minimum, Immediate Response Actions
				shall involve the assessment of the release or threat of release and/or site
				conditions described in
				310
				CMR 40.0412. The nature and extent of
				assessment actions taken as an Immediate Response Action shall be commensurate
				with the type and amount of oil and/or hazardous material released or
				threatening to be released, site complexity, and the sensitivity of site and
				surrounding human and environmental receptors, and shall be adequate and
				sufficient for determining:
(a) the degree of
				hazard posed by the release, threat of release and/or site
				conditions;
(b) whether remedial
				actions are required at the site prior to the completion of a Phase IV Remedy
				Implementation Plan, as described in
				310
				CMR 40.0870; and
(c) where appropriate, the nature, extent,
				and timing of any required removal or containment actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0420 - Requirements, Approvals, and Time Lines for Conducting Immediate Response Actions

Current through Register 1525, July 5, 2024
(1) Immediate Response Actions shall be taken
				by RPs, and may be taken by PRPs or Other Persons, in response to all releases
				and threats of release described in
				310
				CMR 40.0412.
(2) Immediate Response Actions shall be
				conducted in compliance with all applicable provisions and time lines specified
				in 310 CMR 40.0400, and in
				compliance with any response action requirements deemed necessary by the
				Department and/or specified by the Department in its approval of Immediate
				Response Action Plans.
(3) RPs,
				PRPs and Other Persons shall communicate to the Department their intentions to
				conduct Immediate Response Actions which are required pursuant to
				310
				CMR 40.0412. Such communication shall be
				provided orally to the Department on the earliest of the following dates:
(a) at the time an RP, PRP, or Other Person
				is providing oral notification to the Department of a "Two Hour" or "72 Hour"
				release or threat of release described in
				310
				CMR 40.0311 through
				40.0314;
(b) at the time a person is orally informed
				by the Department that they are an RP or PRP for a site at which an Immediate
				Response Action is required pursuant to
				310
				CMR 40.0412;
(c) within 72 hours of the time a person
				receives a Notice of Responsibility from the Department indicating that they
				are an RP or PRP for a site at which an Immediate Response Action is required
				pursuant to
				310
				CMR 40.0412; or
(d) within an Interim Deadline specified by
				the Department pursuant to
				310
				CMR 40.0167.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0421 - Immediate Response Actions That Do Not Require Prior Approval From the Department

Current through Register 1525, July 5, 2024
(1) Except where
				specifically prohibited in writing by the Department, assessment activities may
				be conducted at any site without prior notice to or approval from the
				Department to conduct such activities.
(2) Prior notice to and approval from the
				Department shall not be required to conduct or initiate remedial actions in
				those cases where the delay involved in notifying and obtaining approval from
				the Department would substantially exacerbate release or site conditions or
				endanger health, safety, public welfare or the environment. Immediate Response
				Actions conducted or initiated under such circumstances may include, without
				limitation, containment and/or removal actions that are undertaken:
(a) immediately after a sudden release of oil
				and/or hazardous material;
(b)
				immediately after the discovery of a release to prevent, abate or eliminate an
				Imminent Hazard; or
(c) immediately
				after the discovery of a threat of release, in order to prevent a release from
				occurring.
Persons conducting or initiating remedial actions under the
				  provisions of 310 CMR 40.0421(2) shall notify the Department of those remedial
				  actions undertaken and needed to be taken at the site as soon as possible, and
				  not later than 24 hours after commencement thereof.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0424 - Immediate Response Action Plans

Current through Register 1525, July 5, 2024
(1)
				An Immediate Response Action Plan shall contain the following:
(a) the name, address, telephone number and
				relationship to the site of the person assuming responsibility for conducting
				the Immediate Response Action;
(b)
				a description of the release or threat of release, site conditions and
				surrounding receptors;
(c) a
				description of any Immediate Response Actions undertaken to date at the
				site;
(d) the reason why an
				Immediate Response Action is required;
(e) the objective(s), specific plan(s) and
				proposed schedule for the Immediate Response Action, including, as appropriate,
				plans and/or sketches of the site and any proposed investigative and/or
				remedial installations;
(f) a
				statement as to whether Remediation Waste will be excavated, collected, stored,
				treated or re-used at the site;
(g)
				where appropriate, a proposed environmental monitoring plan, for implementation
				during and/or after the Immediate Response Action;
(h) a listing of federal, state or local
				permits that will likely be needed to conduct the Immediate Response
				Action;
(i) except as exempted
				pursuant to
				310
				CMR 40.0411(2), the seal and
				signature of the Licensed Site Professional who prepared the Immediate Response
				Action Plan; and
(j) such other
				information as the Department may deem appropriate and necessary, based on site
				specific conditions, in order to review and evaluate the Immediate Response
				Action Plan in question.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0425 - Immediate Response Action Status and Remedial Monitoring Reports

Current through Register 1525, July 5, 2024
(1) Unless
				otherwise specified in writing by the Department, a person conducting Immediate
				Response Actions shall submit a written Status Report to the Department 120
				days after the date on which that person first communicated to the Department
				his or her intention to conduct that Immediate Response Action.
(2) Except as provided in 310 CMR 40.0425(5),
				following submission of the first such Status Report, additional Status Reports
				shall be submitted to the Department every six months thereafter, until such
				time as an Immediate Response Action Completion Report is submitted to the
				Department, as described in
				310
				CMR 40.0427. Each Status Report shall
				document Immediate Response Action activities occurring over the period of time
				since the previously submitted Status Report.
(3) Immediate Response Action Status Reports
				shall contain, at a minimum, the following information:
(a) the status of assessment and/or remedial
				actions;
(b) any significant new
				site information or data;
(c)
				details of and/or plans for the management of Remediation Waste, Remedial
				Wastewater and/or Remedial Additives;
(d) any other information required by the
				Department in its approval of the Immediate Response Action Plan; and
(e) an LSP Opinion as to whether the
				Immediate Response Action is being conducted in conformance with the Immediate
				Response Action Plan and any conditions of approval established by the
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0426 - Imminent Hazard Evaluations

Current through Register 1525, July 5, 2024
(1) An Imminent
				Hazard Evaluation shall be performed as part of an Immediate Response Action at
				sites where a release or threat of release could pose an Imminent Hazard to
				human health, safety, public welfare, or the environment, as described in
				310
				CMR 40.0321(2), and may be
				performed at sites where a release or threat of release is deemed to pose an
				Imminent Hazard, as described in
				310
				CMR 40.0321(1).
(2) Unless otherwise specified in writing by
				the Department, RPs, PRPs and Other Persons conducting Immediate Response
				Actions at a site where a release or threat of release could pose an Imminent
				Hazard to human health, as described in
				310
				CMR 40.0321(2), shall
				initiate an Imminent Hazard Evaluation within 14 days of obtaining knowledge of
				such a condition, and shall submit to the Department, within 60 days of
				obtaining knowledge of such a condition:
(a)
				an LSP Opinion as to whether an Imminent Hazard to human health actually exists
				at the site, as described in
				310
				CMR 40.0950; or
(b) when such an Opinion cannot yet be made,
				an LSP Opinion:
1. describing the
				investigative efforts that have been made and remain to be taken in order to
				determine whether an Imminent Hazard to human health actually exists at the
				site, as well as a timetable for the remaining activities; or
2. proposing a plan to undertake removal
				and/or containment actions at the site to address those conditions that could
				pose an Imminent Hazard to human health.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0427 - Immediate Response Action Completion Reports

Current through Register 1525, July 5, 2024
(1) An Immediate Response Action shall be
				considered complete when the release, threat of release and/or site conditions
				which give rise to the need for that Immediate Response Action, as described in
				310
				CMR 40.0412, have been assessed and, where
				necessary, remediated in a manner and to a degree that will ensure, at a
				minimum:
(a) the accomplishment of any
				necessary stabilization of site conditions;
(b) the elimination or control of any
				Imminent Hazards to health, safety, public welfare and the environment, without
				the continued operation and maintenance of Active Remedial Systems or Active
				Exposure Pathway Mitigation Measures or the incorporation of ongoing response
				actions to eliminate or control the Imminent Hazard into the Phase IV Remedy
				Implementation Plan for the disposal site; and
(c) the completion of time-critical measures
				addressing the elimination, prevention or mitigation of Critical Exposure
				Pathway(s) as documented with an LSP Opinion concluding that:
1. the Critical Exposure Pathway(s) have been
				eliminated using passive measures;
2. a feasibility study, as specified at
				310
				CMR 40.0414(3) and (4),
				supports the conclusion that it is not feasible to eliminate, prevent, or
				mitigate the Critical Exposure Pathway(s);
3. a feasibility study, conducted as part of
				a Phase III evaluation of Comprehensive Remedial Alternatives as specified in
				310
				CMR 40.0860, supports the conclusion that it
				is not feasible to eliminate, prevent, or mitigate the Critical Exposure
				Pathway(s) as part of the Comprehensive Remedial Alternative; or
4. mitigation of Critical Exposure Pathway(s)
				is continuing by incorporation of ongoing response actions to address the
				Critical Exposure Pathway(s) into the Phase IV Remedy Implementation Plan for
				the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0428 - Public Involvement

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities shall be conducted in accordance with
				310
				CMR 40.1400 through
				310
				CMR 40.1406. Public Involvement Activities
				relevant to Immediate Response Actions may include, without limitation, those
				activities set forth at
				310
				CMR 40.1403(3)(b), (c), (f), and (5) and
				(9).
(2) If the disposal site where the Immediate
				Response Action is conducted is a Public Involvement Plan Site, a Public
				Involvement Plan that is consistent with
				310
				CMR 40.1405 shall be implemented by the RP,
				PRP or Other Person conducting response actions at that site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0429 - Possible Outcomes of an Immediate Response Action

Current through Register 1525, July 5, 2024
One or more of the following actions shall be taken by an RP,
				  PRP or Other Person following the completion of an Immediate Response
				  Action:
(1) the filing of a Permanent
				Solution Statement, in accordance with the provisions of
				310
				CMR 40.1000;
(2) the initiation of a Release Abatement
				Measure, in accordance with the provisions of
				310
				CMR 40.0440; or
(3) the continuation of further Preliminary
				or Comprehensive Response Actions, in accordance with the provisions of
				310
				CMR 40.0400 or
				310
				CMR 40.0800.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0440 - Release Abatement Measures

Current through Register 1525, July 5, 2024
310 CMR 40.0441 through
				  310
				  CMR 40.0449, cited collectively as 310 CMR
				  40.0440, set forth requirements and procedures for conducting Release Abatement
				  Measures.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0441 - General Provisions for Release Abatement Measures

Current through Register 1525, July 5, 2024
(1) Release Abatement Measures are intended
				to reduce risks at a disposal site and/or increase the cost-effectiveness of
				response actions by allowing the implementation of certain accelerated remedial
				actions to stabilize, treat, control, minimize or eliminate OHM contamination
				at a disposal site. A Release Abatement Measure may be implemented:
(a) prior to conducting Comprehensive
				Remedial Actions;
(b) in
				conjunction with Comprehensive Remedial Actions;
(c) prior to the achievement of a Permanent
				Solution; or
(d) to perform
				additional remedial action(s) at a site for which a Permanent Solution
				Statement has been submitted, in accordance with
				310
				CMR 40.0400 and
				310
				CMR 40.1067.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0442 - Scope and Types of Release Abatement Measures

Current through Register 1525, July 5, 2024
(1) The scope and complexity of Release
				Abatement Measures shall be commensurate with the amount of information known
				about, and the degree of risk associated with, release and disposal site
				conditions. A Release Abatement Measure shall not:
(a) be implemented without a level of
				understanding of disposal site conditions and surrounding receptors sufficient
				to support the actions taken;
(b)
				be continued at a disposal site where encountered oil and/or hazardous
				material, migration pathways, or exposure routes are substantially different
				from those anticipated;
(c) be
				conducted in a manner that is likely to result in the exposure of surrounding
				human or ecological receptors to levels of oil and/or hazardous material that
				could pose a significant risk of harm to health, safety, public welfare or the
				environment, as described in
				310
				CMR 40.0950;
(d) prevent or impede the implementation of
				likely future response actions; or
(e) be conducted in a manner inconsistent
				with the Response Action Performance Standard described in
				310
				CMR 40.0191.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0443 - Approvals Required to Conduct Release Abatement Measures

Current through Register 1525, July 5, 2024
(1) A Release Abatement Measure shall not be
				conducted at any disposal site until a complete Release Abatement Measure Plan,
				as described in
				310
				CMR 40.0444, has been received by the
				Department. A Release Abatement Measure Plan shall not be considered complete
				until all information described in
				310
				CMR 40.0444 is received in the appropriate
				DEP regional office, accompanied by a certification of payment, in cases where
				a fee is specified pursuant to
				310 CMR
				4.00:
Timely Action Schedule and Fee
				Provisions
.
(2) Subsequent
				to the receipt by the Department of a complete RAM Plan, except as otherwise
				specified by the Department in writing or as specified at
				310
				CMR 40.0046(3)  for the
				portion of such RAM Plans related to the application of Remedial Additives near
				sensitive receptors, approval shall not be required from the Department to
				conduct the Release Abatement Measure. Exemption from the need to obtain
				approval from the Department in these cases shall not relieve RPs, PRPs, or
				Other Persons of their obligation to submit to the Department all required
				Release Abatement Measure Plans, Status Reports and Completion
				Reports.
(3) Any person
				implementing a Release Abatement Measure shall conform to all proposals and
				specifications contained in the Release Abatement Measure Plan, and any
				conditions specified by the Department.
(4) A modified Release Abatement Measure Plan
				shall be submitted to the Department prior to implementing a modification of a
				Release Abatement Measure if:
(a) contaminants
				or conditions are discovered that significantly increase the degree or change
				the type of exposure to nearby receptors; or
(b) a significant change is proposed to
				on-site treatment processes.
All other modifications may be implemented immediately and
				  shall be documented with the next required response action submittal pursuant
				  to 310 CMR 40.0440.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0444 - Release Abatement Measure Plans

Current through Register 1525, July 5, 2024
(1) A
				Release Abatement Measure Plan shall not be considered complete, unless it
				contains, at a minimum, the following:
(a) the
				name, address, telephone number and relationship to the site of the person
				assuming responsibility for conducting the Release Abatement Measure;
(b) a description of the release or threat of
				release, site conditions and surrounding receptors;
(c) the objective(s), specific plan(s) and
				proposed implementation schedule for the Release Abatement Measure, including,
				as appropriate, descriptions, plans and/or sketches of the site, any proposed
				structures to be constructed or installed in the project area, and any proposed
				investigative and/or remedial installations;
(d) a statement as to whether Remediation
				Waste, Remedial Wastewater and/or Remedial Additives will be excavated,
				collected, stored, treated, discharged, applied, reused or otherwise managed at
				the site;
(e) where appropriate, a
				proposed environmental monitoring plan for implementation during and/or after
				the Release Abatement Measure;
(f)
				a listing of federal, state and/or local permits likely to be needed to conduct
				the Release Abatement Measure;
(g)
				the seal and signature of the Licensed Site Professional who prepared the
				Release Abatement Measure Plan;
(h)
				the certification required at
				310
				CMR 40.0442(5), if greater
				than 1500 cubic yards of Remediation Wastes are to be generated and managed at
				the disposal site; and
(i) any
				other information that the Department, during its review and evaluation of the
				Release Abatement Measure Plan, determines to be necessary to complete said
				plan, in view of site specific circumstances and conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0445 - Release Abatement Measure Status and Remedial Monitoring Reports

Current through Register 1525, July 5, 2024
(1) Persons
				conducting Release Abatement Measures shall submit a Status Report 120 days
				following receipt by the Department of the initial Release Abatement Measure
				Plan, and every six months thereafter, until a Release Abatement Measure
				Completion Report, in accordance with the provisions of
				310
				CMR 40.0446, has been submitted to the
				Department. Each Status Report shall document Release Abatement Measure
				activities occurring over the period of time since the previously submitted
				Status Report.
(2) Release
				Abatement Measure Status Reports shall contain, at a minimum, the following
				information:
(a) the status of response
				operations;
(b) any significant new
				site information or data;
(c)
				details of and/or plans for the management of Remediation Waste, Remedial
				Wastewater and/or Remedial Additives;
(d) any other information that the Department
				during its review and evaluation of a Status Report determines to be necessary
				to complete said Status Report, in view of site specific circumstances and
				conditions; and
(e) an LSP Opinion
				as to whether the Release Abatement Measure is being conducted in conformance
				with the Release Abatement Measure Plan and any conditions of approval
				established by the Department.