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 40.0344 - Adding and Deleting Substances to or from the Massachusetts Oil and Hazardous Material List

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0344

Current through Register 1531, September 27, 2024

(1) The Department shall review the Massachusetts Oil and Hazardous Material List, which appears at 310 CMR 40.1600, at least once every five years for the purposes of adding or deleting oil and/or hazardous material.

(2) Substances may be added to or deleted from 310 CMR 40.1600 at any time in accordance with the following procedures:

(a) The Department may, in accordance with the procedures set forth in M.G.L. c. 30A and other applicable laws for adopting, amending or repealing regulations:
1. add substances to 310 CMR 40.1600 that meet any of the criteria set forth in 310 CMR 40.0343; or

2. delete substances from 310 CMR 40.1600 that do not meet the criteria set forth in 310 CMR 40.0343.

(b) Any person may petition the Commissioner to add a substance to or delete a substance from 310 CMR 40.1600. Any such petition shall include scientific evidence that a material does or does not meet the criteria set forth in 310 CMR 40.0343.

(3) Any substance that is added to or deleted from either the CERCLA List of Hazardous Substances set out at 40 CFR Part 302.4 or the List of Extremely Hazardous Substances set out at 40 CFR Part 355, Appendix A after the date of promulgation of 310 CMR 40.0300 shall be evaluated by the Department pursuant to the criteria set forth in 310 CMR 40.0343 to determine if that substance should be added to or deleted from 310 CMR 40.1600.

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