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 40.0441 - General Provisions for Release Abatement Measures

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0441

Current through Register 1531, September 27, 2024

(1) Release Abatement Measures are intended to reduce risks at a disposal site and/or increase the cost-effectiveness of response actions by allowing the implementation of certain accelerated remedial actions to stabilize, treat, control, minimize or eliminate OHM contamination at a disposal site. A Release Abatement Measure may be implemented:

(a) prior to conducting Comprehensive Remedial Actions;

(b) in conjunction with Comprehensive Remedial Actions;

(c) prior to the achievement of a Permanent Solution; or

(d) to perform additional remedial action(s) at a site for which a Permanent Solution Statement has been submitted, in accordance with 310 CMR 40.0400 and 310 CMR 40.1067.

(2) Release Abatement Measures shall be limited in scope and complexity, as described in 310 CMR 40.0442, in order to prevent adverse impacts to health, safety, public welfare or the environment that could result from the implementation of complicated or large-scale remedial actions at disposal sites where there has not been adequate assessment, evaluation, planning and/or public involvement.

(3) Any person who conducts a Release Abatement Measure shall do so in accordance with all applicable requirements and specifications prescribed in 310 CMR 40.0000. RPs, PRPs and Other Persons conducting Release Abatement Measures shall employ or engage a Licensed Site Professional as required by these regulations.

(4) Release Abatement Measures shall comply with all local, state and federal permitting and approval requirements.

(5) Health and safety procedures consistent with the provisions of 310 CMR 40.0018 shall be implemented at all sites where a Release Abatement Measure is being conducted.

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