Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies
Section 8.15 - Air Pollution Incident Emergency (APIE)

(1) The Commissioner shall declare an Air Pollution Incident Emergency if in his opinion, such is deemed advisable to prevent or abate a condition or impending condition which constitutes a present or reasonably imminent danger to the public health.

(2) By nature of Air Pollution Incident Emergencies, as defined, APIE's do not lend themselves to specific pre-planned strategies for the specific emission sources as in the case of Air Pollution Episodes.

(3) Upon declaration of an Air Pollution Incident Emergency the Commissioner or his designee shall assume and exercise such authority and powers as are provided in M.G.L. c. 111, § 2B as amended, and as the Commissioner or his designees may deem necessary to effect a prevention or an abatement of the conditions which occa sioned his declaration of the APIE.

(4) Appropriate agencies of the Commonwealth and political subdivisions thereof shall cooperate with the Commissioner and his designees in efforts to effect the prevention or abatement of the Air Pollution Incident Emergency.

(5) Steps taken by any person to effect or assist in the prevention or abatement of an Air Pollution Incident Emergency shall not be proof conclusive in any action to establish responsibility for the event or happening that occasioned the APIE and shall not prejudice his rights under the law.