Dear Interested Party:

I am pleased to report that final amendments to Massachusetts Department of Environmental Protection (MassDEP) Site Assignment Regulations (310 CMR 16.00) have been promulgated. These amendments were published in the Massachusetts Register on June 8, 2001, and took effect that day. See the fact sheet summarizing the amendments or the full text of the revised regulations.  These final amendments address issues raised during the public comment period on the public hearing draft, which was issued in March 1999. 

Any application for a new Site Assignment or a Major Modification submitted (pursuant to 310 CMR 16.00) on or after June 8, 2001, is subject to the requirements of the amended Regulations, including an expanded requirement to evaluate a proposed facility's risks to public health. This requirement also must be met by any facility for which an application for an Authorization to Construct (pursuant to 310 CMR 19.00) is submitted to MassDEP on or after June 8, 2001, if that facility has already obtained a Site Assignment, and by any facility whose application for an Authorization to Construct is not administratively complete by that date. This expanded requirement was developed to begin addressing public comment about the cumulative impacts of solid waste management facilities and other potential sources of pollution.

To assist with these risk evaluations, MassDEP has issued an Interim Risk Evaluation Guidance Document for Solid Waste Facility Site Assignment and Permitting in Massachusetts, which establishes the approach and scientific method that we currently use to evaluate risks from solid waste management facilities. Please direct questions about this Document to Carol Rowan West, Director of the MassDEP Office of Research and Standards (Carol.RowanWest@state.ma.us, 617-292-5510).

We recognize that the Interim Guidance Document is our starting point for responding to public concerns. Our next step will be to convene a scientific panel to assist us in further evaluating those concerns. MassDEP also will continue to work with the Solid Waste Advisory Committee to develop the most practical ways to evaluate evolving risk evaluation methodologies.

Please call James Doucett, Deputy Director of the Business Compliance Division in the Bureau of Waste Prevention, if you have any questions about the amended Site Assignment Regulations (James.Doucett@state.ma.us, 617-292-5868). Please call Barbara Kwetz, Director of the Planning and Evaluation Division in the Bureau of Waste Prevention, if you have any questions about our continuing work on risk evaluation, or for information about the Solid Waste Advisory Committee (Barbara.Kwetz@state.ma.us, 617-292-5593).

Sincerely,

James C. Colman
Assistant Commissioner
Bureau of Waste Prevention