Current through Register 1531, September 27, 2024
(1) Special Project
Designation Permits and Special Project Designation Permit Modifications,
Transfers or Extensions shall be approved in accordance with the process and
schedule in
310
CMR 40.0070.
(2) The Department shall consider the
criteria in 310 CMR 40.0063(3) and (4) and all other available information when
reviewing a Special Project Designation Permit Application or a Modification,
Transfer or Extension submitted pursuant to
310
CMR 40.0060, and when making the following
decisions:
(a) to grant a Special Project
Designation Permit, or Special Project Designation Permit Modification,
Transfer or Extension;
(b) to grant
a Special Project Designation Permit, or Special Project Designation Permit
Modification, Transfer or Extension with conditions; or
(c) to deny a Special Project Designation, or
Special Project Designation Permit, Modification, Transfer or
Extension.
(3)
Department Decision Concerning Special Project Designation Permit
and Special Project Designation Permit Modification, Transfer or
Extension. In considering whether to grant or deny an application,
the Department shall consider the following:
(a) the extent to which risks posed by
releases at or from property proposed for inclusion in the Special Project
Designation have been identified and characterized and whether known or
potential risks can likely be managed in a manner that protects health, safety,
public welfare, and the environment;
(b) whether the project meets the eligibility
criteria in
310
CMR 40.0061(3);
(c) whether compliance with the applicable
response action deadline(s) described in
310
CMR 40.0500 that would be extended under the
Special Project Designation would unreasonably decrease the cost-effectiveness
of project implementation;
(d) the
extent to which the implementation and coordination of proposed response
actions at the disposal site(s) in the project area is feasible and likely, and
whether the applicant and other participants (e.g., property owners, if
different from applicant) have agreed to such implementation and
coordination;
(e) the ability and
willingness of the applicant to perform necessary response actions;
(f) the environmental compliance history of
the applicant and the party who will implement proposed response actions (if
different from the applicant);
(g)
whether significant public comments can be addressed in the decision;
(h) whether Department oversight of response
actions is necessary; and
(i) any
other factor the Department deems relevant to the decision.
(4) The Department may deny a
Special Project Designation Permit and Special Project Designation Permit
Modification, Transfer or Extension if it determines that:
(a) the applicant has submitted information
in the application that he or she knew or reasonably should have known was
false or misleading;
(b) the
application was not completed by an applicable deadline;
(c) risks posed by releases at or from the
property(ies) proposed for inclusion in the Special Project Designation have
not been sufficiently identified, and characterized and/or cannot be managed to
ensure that the deadline extension(s) sought under the Special Project
Designation will not compromise the protection of health, safety, public
welfare, and the environment;
(d)
compliance with the response action deadline(s) the applicant is seeking to
extend under the Special Project Designation would not unreasonably decrease
the cost-effectiveness of project implementation;
(e) implementation of the proposed response
actions is not feasible or likely, or property owners included in the Special
Project Designation, if different from the applicant, have not agreed to such
implementation;
(f) there is
significant public opposition to granting the Special Project Designation with
respect to performance of response actions;
(g) the applicant is not able or willing to
oversee and coordinate implementation of the Special Project; or
(h) the Department intends to oversee,
undertake or arrange for the performance of necessary response actions at the
disposal site.
(5)
Effect of Special Project Designation. The
Department's decision to grant a Special Project Designation shall have the
following effect on response action deadlines of
310
CMR 40.0000.
(a) For Special Project Designations sought
to extend the deadline for Tier Classification pursuant to
310
CMR 40.0061(1)(a), the
deadline for Tier Classification shall be extended two years from the deadline
specified at
310
CMR 40.0501(2);
(b) For Special Project Designations sought
pursuant to extend a specific deadline(s) for Comprehensive Response Actions
pursuant to
310
CMR 40.0061(1)(b), the
specified Comprehensive Response Action deadline(s) shall be extended for a
period of two years from the applicable deadline(s) in
310
CMR 40.0560;
(c) Additional deadline extensions may be
sought upon the expiration of the Special Project Designation. pursuant to
310
CMR 40.0067.
(6) A Special Project Designation Permit or
Special Project Designation Permit Modification, Transfer or Extension shall
become effective:
(a) 36 days from the date
the complete application is received by the Department, if the Permit is
presumptively approved without conditions pursuant to
310
CMR 40.0070(3);
(b) on the date the Department issues its
written approval of the Permit, if approved with conditions;
(c) 36 days from the date the Department
issues a Notice of Extended Review, if the Department issues the applicant(s) a
Notice of Extended Review in accordance with
310
CMR 40.0070(3)(c) and the
Permit is presumptively approved without conditions pursuant to
310
CMR 40.0070(4); or
(d) on the date the Department issues its
written approval of the Permit, if the applicant and the Department by written
agreement extend any schedule for timely action or individual portion thereof
for the review of a Permit application pursuant to
310
CMR 40.0070(6) or
310 CMR
4.00: Timely Action Schedule and Fee
Provisions.
(7)
A Special Project Designation Permit or Special Project Designation Permit
Extension shall be effective for two years, unless otherwise established by the
Department; any modification or transfer of a permit shall be effective for the
remaining duration of the permit being transferred or modified.
