Current through Register 1531, September 27, 2024
(1)
General. HSWA
Corrective Actions performed by persons other than the Department shall be
deemed adequately regulated for purposes of
310
CMR 40.0000, provided the person undertaking
such response actions does so in compliance with the terms and conditions of
the applicable license, permit, approval or order issued pursuant to
42 U.S.C. §§
6928(a),
6928(h),
6924(u) or
6924(v) and the
following:
(a) the general provisions in
310
CMR 40.0001 through
310
CMR 40.0099, except:
1. the requirements for LSP Opinions set
forth in
310
CMR 40.0015;
2. the requirements for force
majeure set forth in
310
CMR 40.0025;
3. the provisions of
310
CMR 40.0050 with respect to permit decisions
only;
(b) the
requirements and provisions in
310
CMR 40.0101 through
310
CMR 40.0199, except:
1. the general requirements for conducting
response actions set forth in
310
CMR 40.0190;
2. the provisions of
310
CMR 40.0193 applicable to technical
justification;
(c) the
requirements and procedures in
310
CMR 40.0300 for notifying the Department of a
release, threat of release and/or Imminent Hazard, except those releases for
which 120-day notification is required by
310
CMR 40.0315;
(d) the requirements and procedures in
310
CMR 40.0405 through
310
CMR 40.0429 applicable to Immediate Response
Actions, except:
1. for the following
Conditions of Substantial Release Migration:
a. releases to the ground surface or to the
vadose zone that, if not promptly removed or contained, are likely to
significantly impact the underlying groundwater, or significantly exacerbate an
existing condition of groundwater pollution;
b. releases to the groundwater that have
migrated or are expected to migrate more than 200 feet per year; or
c. releases to the groundwater that have been
or are within one year likely to be detected in a surface water body, wetland
or public water supply reservoir;
2. requirements for approval of the
Department set forth in
310
CMR 40.0420, if EPA has approved the response
actions;
(e) the
requirements and procedures in
310
CMR 40.0900 and
310
CMR 40.1000 applicable to Risk
Characterization; provided however:
1. such
requirements shall apply only to locations:
a. outside the boundary of a landfill either
licensed pursuant to
310
CMR 30.800 or having an interim license
pursuant to
310
CMR 30.099(6); and
b. outside the boundary of a
landfill which has been closed pursuant to
310
CMR 30.633; and
2. the requirements therein applicable to
Permanent or Temporary Solution Statements shall not apply; and
3. the requirements therein shall not be
deemed to preempt more stringent applicable federal and state standards;
and
(f) the requirements
and procedures for Public Involvement Activities and Technical Assistance
Grants in
310
CMR 40.1400 shall apply to the extent
applicable and practicable as determined by the Department.
(2)
Adequate
Regulation during Pendency of Appeal. Unless otherwise provided by
the Department, HSWA Corrective Actions performed by persons other than the
Department shall be deemed adequately regulated for purposes of
310
CMR 40.0000 while an appeal from the
applicable license, permit, approval or order is pending, provided the person
undertaking such response actions complies with the following:
(a) the general provisions in
310
CMR 40.0001 through
310
CMR 40.0099, except:
1. the requirements for force
majeure set forth in
310
CMR 40.0025;
2. the provisions of
310
CMR 40.0050 with respect to permit decisions
only;
(b) the
requirements and provisions in
310
CMR 40.0101 through
310
CMR 40.0199, except:
1. the general requirements for conducting
response actions set forth in
310
CMR 40.0190;
2. the provisions of
310
CMR 40.0193 applicable to technical
justification;
(c) the
requirements and procedures in
310
CMR 40.0300 for notifying the Department of a
release, threat of release and/or Imminent Hazard, except those releases for
which 120-day notification is required by
310
CMR 40.0315;
(d) the requirements and procedures in
310
CMR 40.0405 through
310
CMR 40.0467 applicable to Immediate Response
Actions, Release Abatement Measures and Utility-related Abatement
Measures;
(e) the requirements and
procedures in
310
CMR 40.0900 and
310
CMR 40.1000 applicable to Risk
Characterization; provided however:
1. such
requirements shall apply only to locations:
a. outside the boundary of a landfill either
licensed pursuant to
310
CMR 30.800: Licensing Requirements
and Procedures or having an interim license pursuant to
310
CMR 30.099(6); and
b. outside the boundary of a
landfill which has been closed pursuant to
310
CMR 30.633: Closure and Post-closure
Care; and
2. the
requirements therein applicable to Permanent or Temporary Solution Statements
shall not apply; and
3. the
requirements therein shall not be deemed to preempt more stringent applicable
federal and state standards; and
(f) the requirements and procedures for
Public Involvement Activities and Technical Assistance Grants in
310
CMR 40.1400 shall apply to the extent
applicable and practicable as determined by the Department.
(3) Any person who is performing a
HSWA Corrective Action at a disposal site deemed adequately regulated pursuant
to 310 CMR 40.0112 shall concurrently submit to the Department a copy of any
document submitted to EPA for approval.
(4) In order to ensure compliance with those
requirements and procedures in
310
CMR 40.0000 which are applicable to HSWA
Facilities deemed adequately regulated pursuant to 310 CMR 40.0112, the
Department may conduct an audit of any RP, PRP or Other Person, or any response
action including, but not limited to, any HSWA Corrective Action or any HSWA
Facility that is a site in accordance with
310
CMR 40.1100.
(5) No provision of 310 CMR 40.0112 shall be
construed to limit or waive any of the Commonwealth's authority or rights under
RCRA including, but not limited to, the authority or right to:
(a) provide comment or to appeal any license,
permit approval or order proposed by EPA;
(b) seek and obtain authorization to
administer and enforce a hazardous waste program including, but not limited to,
authority over HSWA Corrective Actions; and
(c) enter into agreements to establish a
federal-state partnership to carry out the purposes of RCRA.
(6) Notwithstanding any provision
of 310 CMR 40.0000 to the
contrary, except 310 CMR 40.0112(2), no person undertaking response actions at
a HSWA Facility which the Department deems adequately regulated pursuant to a
license, permit, approval or order issued pursuant to
42 U.S.C. §§
6928(a),
6928(h),
6924(u) or
6924(v) shall be
required to engage or employ a Licensed Site Professional for purposes of
having such professional render one or more LSP Opinions with respect to such
HSWA Corrective Action; provided however, that such person shall employ or
engage an LSP for purposes of
310
CMR 40.0035(1)(h), unless
otherwise approved by the Department.
