Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES
Section 40.0426 - Imminent Hazard Evaluations

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0426

Current through Register 1531, September 27, 2024

(1) An Imminent Hazard Evaluation shall be performed as part of an Immediate Response Action at sites where a release or threat of release could pose an Imminent Hazard to human health, safety, public welfare, or the environment, as described in 310 CMR 40.0321(2), and may be performed at sites where a release or threat of release is deemed to pose an Imminent Hazard, as described in 310 CMR 40.0321(1).

(2) Unless otherwise specified in writing by the Department, RPs, PRPs and Other Persons conducting Immediate Response Actions at a site where a release or threat of release could pose an Imminent Hazard to human health, as described in 310 CMR 40.0321(2), shall initiate an Imminent Hazard Evaluation within 14 days of obtaining knowledge of such a condition, and shall submit to the Department, within 60 days of obtaining knowledge of such a condition:

(a) an LSP Opinion as to whether an Imminent Hazard to human health actually exists at the site, as described in 310 CMR 40.0950; or

(b) when such an Opinion cannot yet be made, an LSP Opinion:
1. describing the investigative efforts that have been made and remain to be taken in order to determine whether an Imminent Hazard to human health actually exists at the site, as well as a timetable for the remaining activities; or

2. proposing a plan to undertake removal and/or containment actions at the site to address those conditions that could pose an Imminent Hazard to human health.

(3) Unless otherwise specified in writing by the Department, RPs, PRPs, or Other Persons conducting response actions at sites where a release or threat of release could pose an Imminent Hazard to safety, public welfare, or the environment shall initiate an Imminent Hazard Evaluation within 14 days of obtaining knowledge of such a condition, and shall submit to the Department, within 60 days of obtaining knowledge of such a condition:

(a) an LSP Opinion as to whether an Imminent Hazard to safety, public welfare, or the environment actually exists at the site; or

(b) when such an Opinion cannot yet be made, an LSP Opinion:
1. describing the investigative efforts that have been made and remain to be taken in order to determine whether an Imminent Hazard to safety, public welfare, or the environment actually exists at the site, as well as a timetable for the remaining activities; or

2. proposing a plan to undertake removal and/or containment actions at the site to address those conditions that could pose an Imminent Hazard to safety, public welfare, or the environment.

(4) RPs, PRPs and Other Persons conducting Immediate Response Actions at a site where a release or threat of release poses or could pose an Imminent Hazard, as specified in 310 CMR 40.0321 and 40.0950, shall keep the Department informed as to the progress being made in addressing and/or abating the Imminent Hazard, in report submittals made as part of the Immediate Response Action Status Reports, or in accordance with a reporting frequency and procedure established by the Department as part of its approval of the Immediate Response Action Plan.

(5) Imminent Hazard Evaluations shall be submitted to the Department using a transmittal form established by the Department for such purposes.

(6) Active Remedial Systems, Active Exposure Pathway Mitigation Measures, and/or continuing response actions required and/or approved by the Department to address an Imminent Hazard condition at a site shall not be terminated by the RP, PRP, or Other Person conducting Immediate Response Actions until such time as response objectives and/or approval conditions have been met, and until approval to do so has been obtained from the Department. All requests to terminate such actions shall be submitted to the Department using a transmittal form established by the Department for such purposes, and shall contain data, documentation, and technical information sufficient to justify cessation of such actions. Approval to terminate such actions shall be presumed if the Department does not issue a written approval or denial of such a request within 21 days of receipt of the same.

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