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List of MCP Subparts

A General Provisions

B Organization and Responsibilities

C Notification of Releases

D Preliminary Response Actions

E Tier Classification and Deadlines

F Transition Provisions

G Tier I Permits

I Risk Characterization

J Response Action Outcomes

K Audits

L Cost Recovery

M Administrative Record

N Public Involvement

O Numerical Ranking System

H Comprehensive Response Actions

P Oil and Hazardous Material List

Detailed Table of Contents

SUBPART A: GENERAL PROVISIONS

40.0001: Authority
40.0002: Purpose
40.0003: Applicability
40.0005: Effective Dates
40.0006: Terminology, Definitions, and Acronyms
40.0007: Rules of Construction
40.0008: Computation of Time Periods and Deadlines
40.0009: Certification of Submittals
40.0010: Effect of Orders and Appeals
40.0011: Confidentiality of Information
40.0013: Presumption of Irreparable Harm
40.0014: Document Retention
40.0015: Content of Waste Site Cleanup Activity Opinions
(40.0016: Laboratory Certification: Reserved)
40.0017: Environmental Sample Collection and Analyses
40.0018: Health and Safety Procedures
40.0019: Violations of Environmental Restrictions
40.0020: Violations of Response Action Outcomes
40.0021: Unlawful Interference with Response Actions
40.0022: Accurate and Timely Submittal of Documents
40.0023: Accurate and Complete Record-Keeping
40.0024: Timely Action and Anticipatory Noncompliance
40.0025: Extensions of Deadlines and Time Periods for Force Majeure
40.0027: Remedial Monitoring Report
40.0028: Well Maintenance and Security
40.0030: Management Procedures for Remediation Waste
40.0031: General Provisions for the Management of Remediation Waste
40.0032: Contaminated Media and Contaminated Debris
40.0033: Uncontainerized Waste
40.0034: Bill of Lading Process
40.0035: Bill of Lading Form
40.0036: Management Requirements for Storing Remediation Waste
40.0040: Management Procedures for Remedial Wastewater and Remedial Additives
40.0041: General Provisions for the management of Remedial Wastewater and/or Remedial Additives
40.0042: Remedial Wastewater Discharges to Surface Water
40.0043: Remedial Wastewater Discharges to Publicly Owned Treatment Works (POTW)
40.0044: Remedial Wastewater Discharges to Non-Publicly Owned Treatment Works
40.0045: Remedial Wastewater Discharges to the Ground Surface or Subsurface and/or Groundwater
40.0046: Application of Remedial Additives
40.0047: Reporting Requirements for Discharges of Remedial Wastewater and Remedial Additives
40.0049: Remedial Air Emissions
40.0050: Appeals of Orders and Permits
40.0051: Appeals Relative to Administrative Penalties
40.0060: Special Project Designation Permits
40.0061: Purpose and Eligibility
40.0062: Procedures for Applying Special Project Designation
40.0063: Approval of Applications for Special Project Designation Permits, and Special Project Designation Permit Modifications, Transfers or Extensions
40.0064: Special Project Designation Conditions
40.0065: Modification of Special Project Designation Permit
40.0066: Transfer of Special Project Designation Permit
40.0067: Extension of Special Project Designation Permit
40.0068: Termination of Special Project Designation Permit
40.0069: Suspension and Revocation of Special Project Designation Permit

SUBPART B: ORGANIZATION AND RESPONSIBILITIES

40.0100: Overview of Roles and Responsibilities in Response Actions
40.0101: Role of the Department in Response Actions
(40.0102 through 40.0104: Roles of Other State Agencies and Organizations: Reserved)
(40.0105 through 40.0109: Role of Local Government: Reserved)
40.0110: Adequately Regulated Sites
40.0111: Federal Superfund Program
40.0112: Federal Corrective Action Pursuant to HSWA
40.0113: RCRA Authorized State Hazardous Waste Program (M.G.L. c. 21C and 310 CMR 30.000)
40.0114: Solid Waste Management Facilities
40.0120: Coordination with Responses by the United States Coast Guard to Discharges of Oil
40.0150: Role of Other Persons
40.0160: Departmental Notice to Responsible Parties and Potentially Responsible Parties
40.0165: Departmental Requests for Information (RFI)
40.0166: Department Right of Entry
40.0167: Interim Deadlines
40.0168: List of Locations and Disposal Sites
40.0169: The Role of Licensed Site Professionals
40.0170: The Role of RPs, PRPs and Other Persons in Response Actions
40.0171: Failure to Perform a Response Action
40.0172: Technical, Financial, and Legal Inabilities
40.0173: Site Access Authorization
40.0180: Downgradient Property Status
40.0181: Purpose
40.0182: Applicability
40.0183: General Requirements and Procedures for Asserting Downgradient Property Status
40.0184: Effect of Providing Downgradient Property Status Submittal or Modification of a Downgradient
Property Status Submittal
40.0185: Maintenance of Downgradient Property Status
40.0186: Termination of Downgradient Property Status
40.0187: Modification of Downgradient Property Status Submittal
40.0190: General Requirements for Conducting Response Actions
40.0191: Response Action Performance Standard (RAPS)
40.0193: Technical Justification

SUBPART C: NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIALS

40.0300: Notification of Releases and Threats of Release of Oil and Hazardous Materials; Identification
and Listing of Oil and Hazardous Materials
40.0301: Purpose and Scope
40.0302: Applicability
40.0303: Role of Licensed Site Professional
40.0310: Releases and Threats of Release Which Require Notification
40.0311: Releases Which Require Notification Within Two Hours
40.0312: Threats of Releases Which Require Notification Within Two Hours
40.0313: Releases Which Require Notification Within 72 Hours
40.0314: Threats of Release Which Require Notification Within 72 Hours
40.0315: Releases that Require Notification Within 120 Days
40.0317: Releases and Threats of Release Which Do Not Require Notification
40.0318: Limited Removal Actions
40.0320: Releases and Threats of Release that Pose Imminent Hazards
40.0321: Reporting of Releases and Threats of Release that Pose or Could Pose an Imminent Hazard
40.0322: Response Actions to Prevent or Abate Imminent Hazards
40.0330: Notification Requirements and Procedures
40.0331: Who Shall Notify
40.0332: Timing of Notifications
40.0333: How to Notify
40.0334: Content of the Notification
40.0335: Retracting a Notification
40.0336: Notification Requirements for Persons that Receive a Notice of Responsibility
40.0340: Identification of Oil and Hazardous Material
40.0341: Purpose and Scope
40.0342: Methods of Identification of Oil and Hazardous Material
40.0343: Criteria for Listing Oil and Hazardous Material
40.0344: Adding and Deleting Substances to or from the Massachusetts Oil and Hazardous Materials List
40.0345: The Massachusetts Oil and Hazardous Materials List
40.0346: Criteria for Determining the Characteristics of Hazardous Material
40.0347: Characteristics of Hazardous Material
40.0350: Reportable Quantities for Oil and Hazardous Material
40.0351: Reportable Quantities for Oil
40.0352: Reportable Quantities for Hazardous Material
40.0360: Reportable Concentrations for Oil and Hazardous Material
40.0361: Reportable Concentrations of Oil and Hazardous Material in Soil
40.0362: Reportable Concentrations of Oil and Hazardous Material in Groundwater
40.0370: Requirements for Releases of Oil and/or Hazardous Material That Do Not Require Notification
40.0371: Release Notification Form

SUBPART D: PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES

40.0400: Preliminary Response Actions and Risk Reduction Measures
40.0401: Purpose and Scope
40.0402: Applicability
40.0403: Responses to Releases and Threats of Release
40.0404: Timing of Response Actions
40.0405: Overview of Preliminary Response Actions
40.0406: Possible Outcomes of Preliminary Response Actions
40.0410: Immediate Response Actions
40.0411: General Provisions for Immediate Response Actions
40.0412: Sites Where an Immediate Response Action is Required
40.0414: Scope and Types of Immediate Response Actions
40.0420: Requirements, Approvals, and Time Lines For Conducting Immediate Response Actions
40.0421: Immediate Response Actions That Do Not Require Prior Approval From the Department
40.0424: Immediate Response Action Plans
40.0425: Immediate Response Action Status and Remedial Monitoring Reports
40.0426: Imminent Hazard Evaluations
40.0427: Immediate Response Action Completion Reports
40.0428: Public Involvement
40.0429: Possible Outcomes of an Immediate Response Action
40.0440: Release Abatement Measures
40.0441: General Provisions for Release Abatement Measures
40.0442: Scope and Types of Release Abatement Measures
40.0443: Approvals Required to Conduct Release Abatement Measures
40.0444: Release Abatement Measure Plans
40.0445: Release Abatement Measure Status and Remedial Monitoring Reports
40.0446: Release Abatement Measure Completion Report
40.0447: Public Involvement
40.0448: Possible Outcomes of a Release Abatement Measure
40.0460: Utility-related Abatement Measures
40.0461: General Provisions for Utility-related Abatement Measures
40.0462: Conducting Utility-related Abatement Measures
40.0463: Approvals Required to Conduct Utility-related Abatement Measures
40.0464: Performance Standards for Utility-related Abatement Measures
40.0465: Utility-related Abatement Measures Status and Remedial Monitoring Reports
40.0466: Utility-related Abatement Measure Completion Reports
40.0467: Possible Outcomes of Utility-related Abatement Measures
40.0480: Phase I - Initial Site Investigation Report
40.0481: General Provisions for Phase I Initial Site Investigation Report
40.0482: Performance Standards
40.0483: Content of Phase I Report
40.0484: Phase I Report Completion Statement
40.0485: Public Involvement
40.0486: Possible Outcomes of a Phase I Report

SUBPART E: TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES

40.0500: Tier Classification and Response Action Deadlines
40.0501: Scope and Applicability
40.0502: Tier ID Disposal Sites
40.0510: Tier Classification Process
40.0520: Basis for Tier Classification
40.0530: Reclassification by RPs, PRPs or Other Persons during Response Actions
40.0540: Demonstration of Ability and Willingness
40.0550: Response Action Deadlines and Requirements for Tier I Disposal Sites
40.0560: Response Action Deadlines and Requirements for Tier II Disposal Sites
40.0570: Requirements for Eligible Persons, Eligible Tenants or Other Persons Seeking to Re-establish Response Action Deadlines
40.0583: Department Reclassification of a Tier Classified Disposal Site
40.0584: Participation by the Public, RPs, and Other Persons in Department Reclassification
40.0585: Right to Request an Adjudicatory Hearing
40.0590: Public Involvement

SUBPART F: TRANSITION PROVISIONS

40.0600: Transition Provisions
40.0601: Scope and General Provisions
40.0602: Incorporation of 310 CMR 40.000 by Reference in the Transition Provisions
40.0610: Locations To Be Investigated
40.0620: Unclassified Disposal Sites
40.0630: Nonpriority Disposal Sites With Waivers
40.0636: Nonpriority Disposal Sites Without Waivers
40.0637: Exemption from Transition Requirements
40.0640: Priority Disposal Sites
40.0641: Short Term Measures and Interim Measures
40.0642: Requirements for Notifications Received between August 2, 1993 and September 30, 1993,
Which are Not Listed on the Transition List or Addenda
40.0650: Remedial Sites
40.0660: Deleted Sites
40.0670: Effect on a Consent Order, Decree, or Departmental Memorandum of Understanding

SUBPART G: TIER I PERMITS

40.0700: Tier I Permits
40.0702: Applicability
40.0703: Requirements for All Tier I Permit Applications
40.0704: Additional Application Submittal Requirements for Initial Tier I Permit Applications
40.0705: Additional Application Submittal Requirements for Tier I Permit Transfers
40.0706: Additional Application Submittal Requirements for Tier I Permit Extensions
40.0707: Additional Application Submittal Requirements for Tier I Permit Major Modifications
40.0710: Incomplete Tier I Permit Applications
40.0720: Approval Process for Tier I Permit Applications, Major Modifications, Transfers or Extensions and Special Project Designation Permits
40.0725: Minor Permit Modifications
40.0730: Department review of Tier I Permit Applications, Major Modifications, Transfers, and Extensions
40.0731: Criteria for Denials of Tier I Permits, Major Modifications, Transfers, or Extensions
40.0740: Conditions Applicable to all Tier I Permits
40.0750: Tier I Permit Effective Date
40.0751: Duration of Tier I Permits
40.0760: Tier I Permit Suspension and Revocation
40.0770: Right to Request An Adjudicatory Hearing

SUBPART H: COMPREHENSIVE RESPONSE ACTIONS

40.0800: Comprehensive Response Actions
40.0801: Applicability
40.0810: General Provisions for Comprehensive Response Action
40.0830: Phase II - Comprehensive Site Assessment
40.0832: General Provisions
40.0833: Performance Standards
40.0834: Phase II Scope of Work
40.0835: Phase II Report
40.0836: Phase II Completion Statement
40.0839: Public Involvement
40.0840: Possible Outcomes
40.0850: Phase III - Identification, Evaluation and Selection of Comprehensive Remedial Action
Alternatives
40.0852: General Provisions
40.0853: Performance Standards
40.0855: Identification and Evaluation of Remedial Action Alternatives
40.0856: Initial Screening of Likely Remedial Action Alternatives
40.0857: Detailed Evaluation of Remedial Action Alternatives
40.0858: Detailed Evaluation Criteria
40.0859: Selection of Remedial Action Alternative
40.0860: Feasibility Evaluations
40.0861: Remedial Action Plan
40.0862: Phase III Completion Statement
40.0863: Public Involvement
40.0864: Possible Outcomes
40:0870: Phase IV - Implementation of the Selected Remedial Action Alternative
40.0871: General Provisions
40.0872: Performance Standards
40.0874: Remedy Implementation Plan (RIP)
40.0875: As-Built Construction Report
40.0877: Phase IV Status Report and Remedial Monitoring Report
40.0878: Final Inspection Report
40.0879: Phase IV Completion Statement
40.0880: Public Involvement
40.0881: Possible Outcomes
40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions
40.0891: General Provisions
40.0892: Phase V Status and Remedial Monitoring Reports
40.0893: Remedy Operation Status
40.0894: Phase V Completion Statement
40.0895: Public Involvement
40.0896: Possible Outcomes
40.0897: Post-Class C RAO Operation, Maintenance and/or Monitoring
40.0898: Post-Class C RAO Status and Remedial Monitoring Reports

SUBPART I: RISK CHARACTERIZATION

40.0900: Procedures and Standards for the Characterization of the Risk of Harm to Health, Safety,
Public Welfare, and the Environment
40.0901: Applicability and General Requirements
40.0902: Purpose of the Risk Characterization
40.0903: Scope of the Risk Characterization and Supporting Documentation
40.0904: Site Information Required for Risk Characterization
40.0920: Receptor Information Required For Risk Characterization
40.0921: Identification of Human Receptors
40.0922: Identification of Environmental Receptors
40.0923: Identification of Site Activities and Uses
40.0924: Identification of Exposure Points
40.0925: Identification of Exposure Pathways
40.0926: Identification of Exposure Point Concentrations and Other Data Criteria
40.0930: Identification of Site Groundwater And Soil Categories
40.0931: Purpose
40.0932: Identification of Applicable Groundwater Categories
40.0933: Identification of Applicable Soil Categories
40.0940: Methods for Characterizing Risk of Harm
40.0941: Approaches to Characterizing Risk of Harm
40.0942: Selection of Method to Characterize the Risk of Harm to Health, Public Welfare, and the Environment
40.0950: Imminent Hazard Evaluations and Substantial Hazard Evaluations
40.0951: Purpose and Scope of Imminent Hazard Evaluations
40.0953: Exposures to be Considered in Imminent Hazard Evaluations
40.0955: Imminent Hazard Risk Characterization and Outcome
40.0956: Substantial Hazard Evaluations
40.0960: Characterization of Risk to Safety
40.0970: Method 1 Risk Characterization
40.0971: Applicability of Method 1
40.0972: General Approach to Method 1
40.0973: Method 1 Risk Characterization
40.0974: Identification of Applicable Groundwater Standards in Method 1
40.0975: Identification of Applicable Soil Standards in Method 1
40.0980: Method 2 Risk Characterization
40.0981: Applicability of Method 2
40.0982: General Approach to Method 2
40.0983: Derivation of Additional Method 1 Groundwater Standards for Use in Method 2
40.0984: Derivation of Additional Method 1 Soil Standards for Use in Method 2
40.0985: Determination of Method 2 Soil Standards Considering Leaching Potential
40.0986: Determination of Method 2 GW-2 Standards
40.0987: Determination of MCP Method 2 GW-3 Standards
40.0988: Method 2 Risk Characterization
40.0990: Risk Characterization Method 3
40.0991: Applicability of Method 3
40.0992: General Approach to Method 3
40.0993: Method 3 Human Health Risk Characterization
40.0994: Method 3 Public Welfare Risk Characterization
40.0995: Method 3 Environmental Risk Characterization
40.0996: Method 3 Upper Concentration Limits

SUBPART J: RESPONSE ACTION OUTCOMES

40.1000: Response Action Outcomes
40.1001: Purpose
40.1002: Applicability
40.1003: General Provisions for Response Action Outcomes
40.1004: Performance Standards for Response Action Outcomes
40.1005: Defining the "Foreseeable Period of Time" for Purposes of a Response Action Outcome
40.1012: Application of Activity and Use Limitations
40.1020: Background Levels of Oil and Hazardous Material
40.1030: Categories of Response Action Outcomes
40.1035: Class A Response Action Outcomes: Permanent Solutions
40.1036: Categories of Class A Response Action Outcomes
40.1045: Class B Response Action Outcomes: No Remedial Action Required
40.1046: Categories of Class B Response Action Outcomes
40.1050: Class C Response action Outcomes: Temporary Solutions
40.1051: Categories of Class C Response Action Outcomes
40.1056: Content of Response Action Outcome Statements
40.1066: Effect of Response Action Outcomes on Fees
40.1067: Remedial Actions After a Response Action Outcome has been Submitted to the Department
40.1070: Implementation of Activity and Use Limitations
40.1071: Grants of Environmental Restrictions for Disposal Sites Where a RP, PRP or Other
Person Conducts Response Actions
40.1072: Process for Applying for a Grant of Environmental Restriction
40.1073: Environmental Restrictions for Disposal Sites Where the Department Conducts Response
Actions
40.1074: Notice of Activity and Use Limitation
40.1075: Form of Notice of Activity and Use Limitation
40.1080: Changes in Land Uses/Activities or Other Site Conditions After an RAO Has Been Filed
40.1081: Amendment of Activity and Use Limitations
40.1082: Process for Amending Grant of Environmental Restriction
40.1083: Release and Partial Release of Activity and Use Limitations
40.1084: Process for Implementing a Release of Grant of Environmental Restriction or Partial Release
of Grant of Environmental Restriction
40.1085: Correction of Notices of Activity and Use Limitations
40.1090: Public Involvement Requirements
40.1099: Forms for Activity and Use Limitations

SUBPART K: AUDITS

40.1101: Purpose, Scope and Applicability
40.1110: Selection of Persons, Response Action and Sites for Audit
40.1120: Audit Activities
40.1130: Initiation of Audit
40.1131: Response Actions During Audits
40.1140: Notice of Audit Findings
40.1160: Audit Follow-up Plans
40.1170: Post Audit Completion Statements
40.1190: Reservation of Rights

SUBPART L: COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS

40.1200: Cost Recovery
40.1201: Purpose, Scope, and Applicability
40.1202: General Provisions
40.1220: Recovery of Response Action Costs Incurred in Response Actions
40.1221: Calculation of Indirect Rate
40.1250: Procedures for Liens
40.1251: Notice of Intent to Perfect a Lien
40.1252: Content of Notice of Intent to Perfect a Lien
40.1253: Service of Notice of Intent to Perfect a Lien
40.1254: Right to Adjudicatory Hearing
40.1255: Waiver of Right to Adjudicatory Hearing
40.1256: Conducting the Adjudicatory Hearing
40.1257: Reservation of Rights
40.1260: Petitions for Reimbursement of Incurred Costs
40.1261: Right to Petition for Reimbursement
40.1262: Content of Petition
40.1263: Timing of Petition
40.1264: Grounds for Reimbursement
40.1265: Petitions not Subject to M.G.L. c. 30A

SUBPART M: ADMINISTRATIVE RECORD

40.1301: Purpose, Scope, and Applicability
40.1302: When the Department May Establish an Administrative Record
40.1303: Participation by the Public, RPs, and PRPs
40.1304: Administrative Record Requirements After Certification
40.1305: Content of the Administrative Record
40.1306: Location of the Administrative Record

SUBPART N: PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS

40.1400: Public Involvement - General Approach for Response Actions
40.1401: General Principles for Public Involvement in Response Actions
40.1402: Responsibility for Performing Public Involvement Activities in Response Actions
40.1403: Minimum Public Involvement Activities in Response Actions
40.1404: Public Involvement Plan Site Designation
40.1405: Additional Public Involvement Activities Required for Public Involvement Plan Sites
40.1406: Notification to Owners of Property within the Boundaries of a Disposal Site
(40.1407: Community Site Inspection: Reserved)
40.1450: Technical Assistance Grants
40.1451: Purpose and Scope of Technical Assistance Grants
40.1452: Grant Availability
40.1453: Eligible Applicants
40.1454: Eligible Activities
40.1455: Notice Provisions
40.1456: Grant Application Process
40.1457: Grant Selection Process
40.1458: Payment Method
40.1459: Fiscal Management of Grants
40.1460: Records to be Maintained by Grantees
40.1461: Inspection of Projects
40.1462: Honest Practices

SUBPART O: THE NUMERICAL RANKING SYSTEM AND SCORING INSTRUCTIONS

40.1500: The Numerical Ranking System and Scoring Instructions
40.1501: Purpose and Scope
40.1502: Applicability
40.1503: General Instructions
40.1504: NRS Section I: Disposal Site Information
40.1505: NRS Section II: Exposure Pathways
40.1506: NRS Section III: Disposal Site Characteristics
40.1507: NRS Section IV: Human Population and Land Uses
40.1508: NRS Section V: Ecological Population
40.1509: NRS Section VI: Mitigating Disposal Site-Specific Conditions
40.1510: Completion of the NRS Scoresheet
40.1511: Numerical Ranking System Scoresheet
40.1512: Exposure Pathway Designation Criteria
40.1513: Human Health-Based Toxicity Values and Scores
40.1514: Mobility and Persistence Scores
40.1516: Environmental Toxicity Values and Scores

SUBPART P: MASSACHUSETTS OIL AND HAZARDOUS MATERIAL LIST

40.1600: Massachusetts Oil and Hazardous Material List