Notice is hereby given that the Department of Environmental Protection, acting in accordance with M.G.L. c. 21E, will hold public hearings on proposed amendments to 310 CMR 40.0000, the Massachusetts Contingency Plan (MCP).

The proposed MCP amendments, part of MassDEP's Regulatory Reform Initiative, are intended to enhance program efficiency while maintaining a high standard of environmental protection. Specifically, the proposals:

  • eliminate Tier I Permits and streamline the disposal site classification system;
  • streamline Notice of Activity & Use Limitation (NAUL) requirements (NAULs are deed notices put in place to limit future use of properties where residual contamination remains after cleanup);
  • improve site closure-related requirements by clarifying source control provisions, facilitating closure at sites with active exposure pathway elimination measures, and providing transparency in documenting any conditions relevant to maintaining closure or site redevelopment;
  • revise definitions, assessment and closure requirements related to Nonaqueous Phase Liquid (NAPL) to reflect updated science on the behavior of NAPL in the subsurface environment; and
  • revise numeric cleanup standards and notification thresholds by incorporating the most recent chemical toxicity information for a number of chemicals.  

Public hearings will be conducted under the provisions of M.G.L. Chapter 30A on:

Wednesday, April 3, 2013 at 5:00 PM
Department of Environmental Protection
627 Main St.
Worcester, Massachusetts

Thursday, April 4, 2013 at 9:30 AM
Department of Environmental Protection
One Winter Street, 2"d Floor Conference Room
Boston, Massachusetts

Tuesday, April 9, 2013 at 9:30 AM
Department of Environmental Protection
20 Riverside Drive
Lakeville, Massachusetts

Wednesday, April 10, 2013 at 9:30 AM
Department of Environmental Protection
436 Dwight Street
Springfield, Massachusetts

Testimony may be presented orally or in writing at the public hearings. Written comments will also be accepted until 5:00 PM on Friday, May 17, 2013.  Written testimony must be submitted to:

Department of Environmental Protection
Bureau of Waste Site Cleanup
One Winter Street, 6th Floor
Boston, MA 02108
Attn: Elizabeth Callahan

Copies of the proposed regulations and background information are available on MassDEP's web site at Proposed & Recently Promulgated Regulations or see below.

For special accommodations for these events or hearing information in an alternate format, please contact Donald Gomes, MassDEP's ADA Coordinator at 617-556-1057, One Winter Street, 3rd Floor, Boston, MA 02108.

By Order of the Department

Kenneth Kimmell