Component Summary

The Massachusetts Contingency Plan (MCP) is a regulatory framework for cleaning up hazardous waste sites in Massachusetts. It outlines the schedule and procedures to be followed at disposal sites to undertake necessary and appropriate response actions to provide protection of health, safety, public welfare and the environment.

DEP Listing

Before the publication of the MCP in 1993, disposal sites were listed on the "Locations to be Investigated (LTBI) / Transition Sites" list for further investigation. The MCP provided timelines for LTBI/Transition Site owners to close out sites or enter the new MCP process by specific deadlines. The last of these deadlines was August 2, 1997. If site owners did not submit anything to DEP by the appropriate deadlines, their sites were automatically classified in Tier 1B.

Licensed Site Professionals (LSPs)

DEP has developed a licensing procedure for consultants, consisting of testing and training requirements to assure a base level of competency. Those consultants meeting DEP requirements become Licensed Site Professionals (LSPs) and provide assistance to disposal site owners to assure the site is cleaned up following the MCP process. The LSP minimizes DEP involvement in site activities by overseeing actions conducted at the site. DEP maintains a list of LSPs and audits their activities.

Reporting & Notification

DEP regulates what incidents must be reported and the notification procedures required. Depending on the type and severity of the release, there are three time frames for notifying DEP: 2-hour; 72-hour; and 120-day. Releases requiring 120-day notification may be cleaned up under a Limited Removal Action (LRA) within the 120-day time frame if the contaminated media does not exceed specific quantities. This allows site closure outside the MCP process. LRAs are not allowed if 2 or 72-hour notification is required.

Tier Classification

All sites with releases reported after 1993 must be Tier Classified within one year of the date of notification, unless a Response Action Outcome (RAO) is filed before the one-year deadline. Tier Classification is based on site-specific data placing each site into a Tier 1A, 1B, 1C or Tier II category. The classification helps DEP decide the appropriate level of Departmental oversight for response actions, with Tier I sites getting the highest level of oversight. After classification, a schedule of response action deadlines must be followed. These deadlines typically require the submittal of a Phase II and III within two years of the effective date of classification, a Phase IV within three years of the effective date of classification, and an RAO within five years of the effective date of classification.

Identifying Hazardous Materials (Phase I)

Upon notification of a release, each site is given a Release Tracking Number (RTN) and response actions must be taken to achieve a level of "No Significant Risk". The first step in conducting response actions is a Phase I - Initial Site Investigation. This consists of data collection activities on the site and release and includes sample collection and analysis. The purpose is to identify the hazardous materials released and their extent to determine if Comprehensive Response Actions are needed.

Comprehensive Response Actions (Phase II-V)

Sites requiring additional response actions at the completion of a Phase I must perform Comprehensive Response Actions. These are conducted in four phases beginning with Phase II - which involves a detailed site investigation to determine the extent of and risks associated with the site contamination. In Phase III, remedial measures are evaluated and one is selected for implementation onsite to achieve an RAO. Phase IV is the design and construction of the remedial alternative identified in Phase III. Finally, Phase V outlines reporting requirements for the operation, maintenance and/or monitoring of the implemented remedial system. Each phase is conducted until an RAO can be filed.

Exit Procedures

The MCP process may be executed through a Down gradient Property Status submittal or one of three categories of Response Action Outcomes (RAOs): Class A; Class B; and Class C. Class A RAOs apply to sites with a Permanent Solution and a level of No Significant Risk. No Significant Risk may be achieved with the application of an Activity and Use Limitation (AUL), allowing site contamination to remain by limiting future uses. Class B RAOs apply to sites where no remedial action is required and No Significant Risk exists and may also include the application of an AUL. Class C RAOs apply to sites where temporary solutions are used to eliminate any substantial hazard. A Down gradient Property Status Submittal may be filed for sites where the contamination has resulted from the migration of a release on an up gradient property.

Reporting Releases

Two Hour Notification

DEP must be notified within two hours of any sudden, intermittent, or continuous release of oil or hazardous material if any of the following are true:

If the release is a reportable quantity (310 CMR 40.0352 and 40.1600) of a listed material or an unlisted material that is ignitable, corrosive, reactive, toxic or infectious and was released within a 24 hour period.
If a release of any quantity causes a sheen on surface water.
If the release results in oil or hazardous materials found in a private drinking water well in concentrations greater than a reportable quantity for groundwater used as drinking water (40.1600 list specifies quantities).
If any release poses an imminent hazard as defined in 40.0321 (includes explosion, fire, public safety and serious and immediate public health and environmental hazards).
Any release in 1 or 4 above that is indirectly discharged to the sanitary sewage system.
A threatened release likely to exceed a reportable quantity or pose an imminent hazard.

72 Hour Notification

DEP must be notified within 72 hours if the release meets any of the following criteria:

A release that is indicated by the presence of a non-aqueous phase liquid (NAPL) more than 1/2 inch thick.
A release that is indicated by a head space reading of organic vapors of more than 100 parts per million (ppm) in samples taken more than two feet below the surface or in connection with an underground storage tank removal.
A release that is indicated by contaminated groundwater exceeding reportable levels: within the Zone 1 of a public water supply well (typically a 400 foot radius), or within 500 feet of a private water supply well.
A release indicated by contaminated groundwater with total volatile organic compound (VOC) levels of more than 5 milligrams per liter (mg/L) within 30 feet of a school or occupied residential structure if groundwater levels are greater than 15 feet below the ground surface.
A threat of a release indicated by: likelihood of a leak of more than 0.05 gallons per hour in a single walled tank, or a likely leak of 0.05 gallons per hour in the inner wall of a double walled tank, or a leak in the outer wall of a double walled tank.

120 Day Notification

DEP must be notified within 120 days if the release meets any of the following criteria:

The release is indicated by soil or groundwater contamination in an amount exceeding the reportable quantity.
The release consists of two or more cubic yards of soil contaminated with oil at a concentration greater than the reportable quantity.
The release is indicated by the presence of oil in the groundwater in excess of the reportable quantity.
The release is indicated by the presence of subsurface NAPL more than 1/8 inch thick but less than 1/2 inch thick.

Preliminary Response

MCP Summary

The Massachusetts Contingency Plan (MCP) requires that the responsible, potentially responsible person (RP or PRP) or other person take response actions to assess and remediate (if necessary) any release or threat of release of oil and/or hazardous material to the environment. Preliminary response actions must be taken within one year of either the oral or written notification to DEP or the receipt of a Notice of Responsibility (NOR), whichever is earliest.

Preliminary Response Actions

Preliminary response actions may include one or more of the following actions.

Initial Site Investigation Activities
These consist of limited investigative and assessment activities to determine and act on the appropriate response actions to be taken at a site.

Immediate Response Actions
These consist of assessment and/or remedial actions that must be taken quickly to address sudden releases, imminent hazards and other time-critical releases or site conditions. These require DEP approval except when they consist solely of the construction of a fence and/or the posting of signs, if DEP is informed of these actions during the next required response action submittal.

Release Abatement Measures (RAMs)
Rams can be used to remediate limited or localized releases, and/or to mitigate the impacts of larger releases until additional action can be taken. Rams require at least presumptive approval by the Department if conducted before Tier Classification (presumptive approval is granted if DEP fails to issue written denial or approval within 21 days of the receipt of the RAM Plan).

Reporting Requirements At the end of the one year period, a Response Action Outcome (RAO) or Tier Classification must be filed depending on site conditions. Possible outcomes are outlined below.

Class A RAO Statement
A Class A RAO may be filed if remedial actions have been taken at the site and have resulted in a Permanent Solution.

Class B RAO Statement
A Class B RAO may be filed if no remedial actions are required at the site to achieve a level of No Significant Risk.

Phase I Report and Tier Classification
A Phase I Report and Tier Classification is filed if additional Comprehensive Actions are required to achieve an RAO.

*Note that Limited Removal Actions can sometimes be used to avoid notification obligations on 120 day notification sites.

Use of Limited Removal Actions (LRAs) to Avoid MCP Notification

LRA Summary

Limited Removal Actions (LRAs) are allowed under certain circumstances to avoid DEP notification under the Massachusetts Contingency Plan (MCP). The release must meet 120-Day Notification criteria, and the total volume of soils for disposal must be less than specified thresholds. If the criteria (listed below) can be met, then a Limited Removal Action can be accomplished without oversight or reporting, although certain records must be kept. The action must be completed within 120 days of the discovery of the release.

120 Day Notification Criteria

A release meets the 120 Day Notification criteria if it is characterized by:

soil or groundwater contamination exceeding the reportable concentration.
two or more cubic yards of soil contaminated with oil at a concentration greater than the reportable concentration.
the presence of oil in the groundwater in excess of the reportable concentration.
the presence of subsurface NAPL (such as a floating oil product) more than 1/8 inch thick but less than 1/2 inch thick on groundwater.

Specific Exclusions

Limited Removal Actions may not be used if:

the release or threat of release requires 2 or 72 hour notification, or
DEP has already been notified, or
the release is at a Location to Be Investigated (LTBI) site or Transition List site.

Volume Restrictions

Limited removal actions are restricted to the excavation and off-site recycling, reuse, treatment, and/or disposal of:

less than or equal to 100 cubic yards of oil or waste oil contaminated* soil;
less than or equal to 20 cubic yards of soil contaminated* with hazardous materials or mixtures of oil or waste oil and hazardous materials.

*In concentrations equal or greater than the applicable reportable concentration.

What If Volume Restrictions Are Exceeded?

If greater volumes of contaminated soil are encountered during the limited removal action, DEP must be notified within the 120-day time frame and remedial actions must cease. Alternatively, approval may be sought from DEP to continue the removal actions as a Release Abatement Measure (RAM).

No Oversight Required

Limited Removal actions may be conducted by a responsible or potentially responsible party (RP or PRP) or other person without the oversight of a Licensed Site Professional (LSP). An LSP signed Bill of Lading is required for soil management. Nonetheless, all excavated materials must be handled according to the requirements and procedures for management of remediation wastes.

Required Records

Records of the Limited Removal Action must be kept for a minimum of five years and must include:

post-action oil and/or hazardous material concentrations
the volume and chemical characterization of excavated soils