IMPORTANT NOTE - Mass.gov

1 IMPORTANT NOTE:This copy of the Massachusetts Contingency Plan, 310 CMR 40, is not an Official Version of particular, the page numbers and effective dates at the bottom of each page may beinaccurate due to differences in file conversions and formatting from Wordversion is offered as a convenience to our users and DEP believes that the body of the textis a faithful copy of the you REALLY, ABSOLUTELY, MUST know that the versionyou have is correct and up-to-date, then you must purchase the document through the statebookstore ( ).The OFFICIAL versions of all state statutes and regulations areonlyavailable through the downloading from files from the Massachusetts DEP s Web site, the copy you receive may bedifferent from the official version for a number of reasons, download mayhave gone wrong and you may have lost IMPORTANT information, document may not print well given your specific software/ hardware setup (Youmay get weird fonts, lost graphics, ), you translate our documents to another word processing program it may miss/skip/loseimportant information, file on this system may be out-of-date (as hard as we try to keep everything current).

2 Printing Note:The MCP is formatted for legal-size the document for x 11 paper will change the page numbering and significantly changethe format of several page-sized , you can download the PDF version of the regulations( ). The Adobe Acrobat Reader has a shrink-to-fit option on the print menu that allows you to print the legal-sized version on free Adobe Acrobat Reader is needed toview/print the PDF version of the regulations. It is availablefrom Adobe Systems CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION5/23/14(Effective 4/25/14)-corrected310 CMR-1465310 CMR :MASSACHUSETTS CONTINGENCY PLANS ectionSUBPART A: GENERAL : : : : Effective : Terminology, Definitions, and : Rules of : Computation of Time Periods and : Certification of : Effect of Orders and : Confidentiality of : Presumption of Irreparable : Document : Content of Waste Site Cleanup Activity Opinions( : Laboratory Certification: Reserved) : Environmental Sample Collection and : Health and Safety : Violations of Environmental : Violations of a Permanent or Temporary :Unlawful Interference with Response : Accurate and Timely Submittal of : Accurate and Complete : Timely Action and Anticipatory : Extensions of Deadlines and Time Periods forForce : Remedial Monitoring : Well Maintenance and.

3 Management Procedures for Remediation : General Provisions for the Management of Remediation : ContaminatedMedia and Contaminated : Uncontainerized : Bill of Lading : Bill of Lading : Management Requirements for Storing Remediation : Management Procedures for Remedial Wastewaterand Remedial : General Provisions for the management of Remedial Wastewater and/or Remedial : Remedial Wastewater Discharges to Surface : Remedial Wastewater Discharges to Publicly Owned Treatment Works (POTW) : Remedial Wastewater Discharges to Non-publicly Owned Treatment : Remedial Wastewater Discharges to the Ground Surface or Subsurface and/or : Application of Remedial : Reporting Requirements for Discharges of Remedial Wastewater and Remedial : Remedial Air : Appeals of Orders and : Appeals Relative to Administrative : Special Project Designation : Purpose and : Procedures for Applying Special Project : Approval of Applications for Special Project Designation Permits, and Special ProjectDesignation Permit Modifications, Transfers or : Special Project Designation : Modification of Special Project Designation : Transfer of Special Project Designation : Extension of Special Project Designation : Termination of Special Project Designation : Suspension and Revocation of Special Project Designation : Approval Process for Special Project Designation Permits310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION5/23/14(Effective 4/25/14)-corrected310 CMR-1466 Section: continuedSUBPART B: ORGANIZATION AND : Overview of Roles and Responsibilities in Response : Role of the Department in Response Actions( through : Roles of Other State Agencies and Organizations: Reserved)( through : Role of Local Government: Reserved) : Adequately Regulated.

4 Federal Superfund : Federal Corrective Action Pursuant to : RCRA Authorized State Hazardous Waste Program ( c. 21C and 310 :Hazardous Waste) : Solid Waste Management : Coordination with Responses by the United States Coast Guard to Discharges of : Role of Other : Departmental Notice to Responsible Parties and Potentially Responsible : Departmental Requests for Information (RFI) : Department Right of : Interim : List of Locations and Disposal : The Roleof Licensed Site : The Role of RPs, PRPs and Other Persons in Response : Failure to Perform a Response : Technical, Financial, and Legal : Site Access :Downgradient Property : : : General Requirements and Procedures for Asserting Downgradient Property : Effect of Providing Downgradient Property Status Submittal or Modificationof a DowngradientProperty Status : Maintenance of Downgradient Property : Termination of Downgradient Property : Modification of Downgradient Property Status : General Requirements for Conducting Response.

5 Response Action Performance Standard (RAPS) : Technical JustificationSUBPART C: NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL ANDHAZARDOUS MATERIAL; IDENTIFICATION ANDLISTING OF OIL AND : Notification of Releases and Threats of Release of Oil and Hazardous Materials; Identificationand Listing of Oil and Hazardous : Purpose and : : Role of Licensed Site : Releases and Threats of Release Which Require : Releases Which Require Notification Within Two : Threats of Releases Which Require Notification WithinTwo : Releases Which Require Notification Within 72 : Threats of Release Which Require Notification Within 72 : Releases that Require Notification Within 120 : Releases and Threats of ReleaseWhich Do Not Require : Limited Removal : Releases and Threats of Release that Pose Imminent : Reporting of Releases and Threats of Release that Pose or Could Pose an Imminent : Response Actions to Prevent or Abate Imminent : Notification Requirements and : Who Shall : Timing of Notifications310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION5/23/14(Effective 4/25/14)-corrected310 CMR-1467 Section: : How to : Content of the : Retracting a.

6 Notification Requirements for Persons that Receive a Notice of : Identification of Oil and Hazardous : Purpose and : Methods of Identification of Oil and Hazardous : Criteria for Listing Oil and Hazardous : Adding and Deleting Substances to or from the Massachusetts Oil and Hazardous Materials : The Massachusetts Oil and Hazardous Materials : Criteria for Determining the Characteristics of Hazardous : Characteristics of Hazardous : Reportable Quantities for Oil and Hazardous : Reportable Quantities for : Reportable Quantities for Hazardous : Reportable Concentrations for Oil and Hazardous : Reportable Concentrations of Oil and Hazardous Material in : Reportable Concentrations of Oil and Hazardous Material in : Requirements for Releases of Oil and/or Hazardous Material That Do Not Require : Release Notification FormSUBPART D: PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION : Preliminary ResponseActions and Risk Reduction : Purpose and : : Responses to Releases and Threats of : Timing of Response : Overview of Preliminary Response : Possible Outcomes of Preliminary Response : Immediate Response : General Provisions for Immediate Response : Sites Where an Immediate Response Action is : Scope and Types of Immediate Response : Requirements, Approvals, and Time Lines for Conducting Immediate Response : Immediate Response Actions That Do Not Require Prior Approval From the : Immediate Response Action :Immediate Response Action Status and Remedial Monitoring : Imminent Hazard : Immediate Response Action Completion : Public : Possible Outcomes of an Immediate Response : Release Abatement : General Provisions for Release Abatement : Scope and Types of Release Abatement : Approvals Required to Conduct Release Abatement.

7 Release Abatement Measure : Release Abatement Measure Status and Remedial Monitoring : Release Abatement Measure Completion : Public : Possible Outcomes of a Release Abatement : Utility-related Abatement : General Provisions for Utility-related Abatement : Conducting Utility-related Abatement : Approvals Required to Conduct Utility-related Abatement : Performance Standards for Utility-related Abatement : Utility-related Abatement Measures Status and Remedial Monitoring : Utility-related Abatement Measure Completion Reports310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION5/23/14(Effective 4/25/14)-corrected310 CMR-1468 Section: : Possible Outcomes of Utility-related Abatement : Phase I-Initial Site Investigation : General Provisions for Phase I Initial Site Investigation : Performance : Content of Phase I :Phase I Report Completion : Public : Possible Outcomes of a Phase I ReportSUBPART E: TIER CLASSIFICATION AND RESPONSE ACTION : Tier Classification and Response Action :Scope and : Tier ID Disposal : Tier Classification : Basis for Tier : Reclassification by RPs, PRPs or Other Persons during Response : Demonstration of Ability and : Response Action Deadlines and Requirements for Tier Classified Disposal : Requirements for Eligible Persons, Eligible Tenants or Other Persons Seeking to Re-establishResponse Action : Department Reclassification of a Tier Classified Disposal : Participation by the Public, RPs, PRPs, and Other Persons in Department : Right to Request an Adjudicatory : Public Involvement(SUBPART F: RESERVED)(SUBPART G: RESERVED)SUBPART H: COMPREHENSIVE RESPONSE : Comprehensive Response : : General Provisions for Comprehensive Response : Phase II-Comprehensive Site : General : Performance.

8 Conceptual Phase II Scope of : Phase II : Phase II Completion : Public :Possible : Phase III-Identification, Evaluation and Selection of Comprehensive Remedial : General : Performance : Identification and Evaluationof Remedial Action : Initial Screening of Likely Remedial Action : Detailed Evaluation of Remedial Action : Detailed Evaluation : Selection of Remedial Action : Feasibility : Remedial Action : Phase III Completion : Public : Possible Outcome40:0870: Phase IV-Implementation of the Selected Comprehensive Remedial : General Provisions310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION5/23/14(Effective 4/25/14)-corrected310 CMR-1469 Section: : Performance : Remedy Implementation Plan (RIP) : As-built Construction : Phase IV Status Report and Remedial Monitoring : Final Inspection : Phase IV Completion : Public : Possible : Operation, Maintenance, and/or Monitoring of Comprehensive Response : General : Phase V Status and Remedial Monitoring : Remedy Operation : Phase V Completion : Public : Possible : Post-temporary Solution Operation, Maintenance and/or : Post-temporary Solution Status and Remedial Monitoring ReportsSUBPART I: RISK : Procedures and Standards for the Characterization of the Risk of Harm to Health, Safety,Public Welfare, and the : Applicability and General : Purpose of the Risk : Scope of the Risk Characterization and Supporting : Site Information Required for Risk : Receptor Information Required for Risk : Identification of Human : Identification of Environmental : Identification of Site Activities and : Identificationof Exposure : Identification of Exposure : Identification of Exposure Point Concentrations and Other Data : Identification of Site Groundwater and Soil.

9 : Identification of Applicable Groundwater : Identification of Applicable Soil : Methods for Characterizing Risk of : Approaches to Characterizing Risk of : Selection of Method to Characterizethe Risk of Harm to Health, Public Welfare, and : Imminent Hazard Evaluations and Substantial Hazard : Purpose and Scope of Imminent Hazard : Exposures to be Considered in Imminent Hazard : Imminent Hazard Risk Characterization and : Substantial Hazard : Characterization of Risk to : Method 1 Risk : Applicability ofMethod : General Approach to Method : Method 1 Risk : Identification of Applicable Groundwater Standards in Method : Identification of Applicable Soil Standards in Method : Method2 Risk : Applicability of Method : General Approach to Method : Derivation of Additional Method 1 Groundwater Standards for Use in Method : Derivation of Additional Method 1 Soil Standards forUse in Method : Determination of Method 2 Soil Standards Considering Leaching Potential310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION5/23/14(Effective 4/25/14)-corrected310 CMR-1470 Section: : Determination of Method 2 GW-2 : Determination of MCP Method 2 GW-3 : Method 2 Risk : Risk Characterization Method : Applicability of Method : General Approach to Method : Method 3 Human Health Risk : Method 3 Public Welfare Risk : Method 3 Environmental Risk : Method 3 Upper Concentration LimitsSUBPART J: PERMANENT AND TEMPORARY : Permanent and Temporary : : :General Provisions for Permanent and Temporary : Performance Standards for Permanent and Temporary : Defining the "Foreseeable Period of Time" for Purposes of a Permanent : Application of Activity and Use.

10 Limitations, Assumptions and Conditions on Site Activities and Uses That Do Not Require : Background Levels of Oil and Hazardous : Requirements for Active Exposure Pathw