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The Massachusetts Contingency Plan was significantly revised effective October 1, 1993 when a new, privatized approach was adopted. Since then, DEP has worked with private-sector Licensed Site Professionals (LSPs) to assess and cleanup sites. This page asks and answers questions about the progress of cleanups since 1993.
This information is current through Fiscal Year 2016.
The chart below shows the length of time to achieve a Permanent or Temporary Solution from the time of notification by notification type (2-Hour, 72-Hour or 120-Day). The time required to achieve a Permanent or Temporary Solution is less than 6 years in the vast majority of cases and for all notification types (2 Hour - 98%, 72 Hour - 88%, 120 Day - 90%).
The chart below shows the current status of notifications made in FY2010. The chart shows that for the majority of sites for which the notification was made either a Permanent Solution has been achieved or a Permanent/Temporary Solution is not required within 6 years. (The most common reasons why a Permanent or Temporary Solution is not required is because the notification condition has been “linked” (i.e., response actions consolidated) under another notification and release tracking number. Other reason include the site is considered Adequately Regulated, Downgradient Property Status has been achieved or a Utility-related Abatement Measure is being conducted.)
Immediate Response Actions (IRAs) are required to address any condition that triggers a 2-Hour or 72-Hour notification to the Department. IRAs are expedited response actions that include at a minimum assessment, and where appropriate, actions to contain, isolate, or remove contamination from the environment that is the result of a release or address a threat of release. IRAs require approval by the Department. The chart below shows IRA approvals (both oral and written) by the Department by Fiscal Year (FY).
Since FY2000 MassDEP has conducted over 45,000 audits of response action submittals to evaluate and ensure compliance of those submittals and the associated response actions with the Massachusetts Contingency Plan. MassDEP conducts three different types of audits, which are referred to as Level 1 (Technical Screening Audit), Level 2 (Audit Inspection), and Level 3 (Comprehensive Audit). (Link to Audits Page) The majority of all audits conducted by MassDEP over time (over 80%) have been Level 1 Audits. The chart below shows the number of audits completed by fiscal year and the type of audit.
For a complete explanation of the terms and acronyms used here, see the document, "Understanding the Waste Site/Release Look Up Search Results" below.
a Prior to June 20, 2014, the Massachusetts Contingency Plan (MCP) used different Response Action Outcome (RAO) classes to identify Permanent and Temporary Solutions. After the June 2014 MCP amendments, RAO classes were recategorized into types of Permanent or Temporary Solutions in accordance with the transition provisions at 310 CMR 40.1055 (see below).
310 CMR 40.1055 Transition Provisions