Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL
Section 40.0343 - Criteria for Listing Oil and Hazardous Material
Current through Register 1531, September 27, 2024
In determining whether to list a substance as an oil or hazardous material, the Department shall consider whether or not the substance meets the statutory definition of oil or hazardous material. This determination by the Department shall include, but not be limited to, a consideration of the following factors:
(1) whether or not other state or federal agencies with expertise in the regulation and management of such substances have identified or characterized that substance as hazardous to health, safety, public welfare, or to the environment;
(2) the extent to which the substance exhibits the characteristics of acute toxicity, chronic toxicity, carcinogenicity, mutagenicity, ignitability, corrosivity, reactivity, infectivity or radioactivity; and
(3) any substantial and relevant scientific data submitted by any person in support of adding any substance to or deleting any substance from 310 CMR 40.1600.
