MCP Amendments

A PDF clean version of the final 2024 revisions to the Massachusetts Contingency Plan (310 CMR 40.0000) that will take effect on March 1, 2024.

Final 2024 MCP Clean Version

In order to highlight changes that have been made to the regulations, MassDEP has prepared redline/strikeout documents that compare the final 2024 MCP to past versions:

• A comparison of the final 2024 regulations to the current (2019) version of the MCP;
• A comparison of the final 2024 Massachusetts Oil and Hazardous Materials List (MOHML) to the current (2019) version of the MOHML;
• A comparison of the final 2024 regulations to what was proposed in the 2019 Public Hearing Draft of the MCP.

The documents below summarize comments received and changes incorporated into the final 2024 MCP revisions.

Summary of 2024 MCP Amendments Process and Comments

Response to Public Comments on the Public Hearing Draft of Proposed Amendments to the MCP

• Interim Guidance on Implementing Activity and Use Limitations

March 1, 2024 – MassDEP is issuing this Interim Guidance on Implementing Activity and Use Limitations (Interim AUL Guidance) for public review, at the conclusion of which it intends to consider comments received and issue a final guidance. This Interim AUL Guidance supersedes previous AUL Guidance drafts. Please send written comments on this Interim AUL Guidance by close of business on June 5, 2024 (this review deadline has been extended from May 1, 2024) to Margaret Shaw by email to Margaret.Shaw@mass.gov or by mail to Margaret Shaw, MassDEP/BWSC, 100 Cambridge Street, Suite 900, Boston, MA 02114. You may also reach Margaret Shaw by telephone at (617) 874-6467.

Interim Guidance on Implementing Activity and Use Limitations

• Risk Characterization Guidance, Chapters 1-5, Public Review Draft

March 1, 2024 – MassDEP is issuing this Draft Guidance for Disposal Site Risk Characterization (Risk Characterization Guidance), Chapters 1 through 5, for public review, at the conclusion of which it intends to consider comments received and issue a final guidance. Additional chapters of the draft Risk Characterization Guidance will be released for public review and comment in additional phases. Please send written comments on this document by close of business on June 5, 2024 (this review deadline has been extended from May 1, 2024) to Greg Braun by email to  Greg. Braun@mass.gov or by mail to Greg Braun, MassDEP/ORS, 100 Cambridge Street, Suite 900, Boston, MA 02114. You may also reach Greg Braun by telephone at (781) 697-4843.

Risk Characterization Guidance, Chapters 1-5, Public Review Draft

• Method 1 Standards Spreadsheets

March 1, 2024 - The spreadsheets below summarize all risk-based Method 1 standards (effective March 1, 2024) and their derivations for soil and groundwater.

Zip file containing Method 1 standards spreadsheets

• Summary of Numerical Standard Changes

The document below summarizes changes to MCP numerical standards that take effect on March 1, 2024.  Prior to March 1, 2024, the revised Method 1 Groundwater and Soil Standards (Tables 1 through 4) and the revised Method 2 Soil Standards (Table 5) may be used as part of an MCP Risk Characterization pursuant to 310 CMR 40.0982(7).

Summary of Changes to MCP Numerical Standards

• Updated Shortforms 

 The Method 3 Human Health Risk Assessment shortforms have been updated and are available for use at https://www.mass.gov/lists/risk-assessment-information#shortforms:-method-3-human-health-risk-assessment-.  These updates incorporate updated toxicity information and risk assessment practices consistent with the 2024 MCP amendments.

3/28/24 - The Method 3 Human Health Risk Assessment Shortforms have been recently updated.  Details about the revisions may be found in the “3-28-24 Shortforms revision note.pdf" file contained in the Shortforms.  

• Activity and Use Limitation Forms

March 1, 2024 - The document below contains the Activity and Use Limitation forms that must be used to implement an Activity and Use Limitation on or after March 1, 2024.

AUL Forms

• 2024 MCP Amendments Questions & Answers

March 29, 2024 – The document below contains Q&As related to the 2024 MCP amendments.  MassDEP will be adding additional Questions and Answers to this document and revising the date of the document to indicate updates have been made. 

MCP Amendments Q&A: 03-29-24