The Massachusetts Department of Environmental Protection (the DEP) on December 20, 2001, issued a PrePublic Hearing Draft of its proposed revisions to the Massachusetts Contingency Plan (the MCP). The MCP regulates the reporting and cleanup of oil and hazardous material releases in Massachusetts. These proposed revisions, if promulgated, will have a significant impact on when certain contaminants must be reported to the DEP as releases and the extent to which the public may participate in the cleanup process. Here is a summary of some of the more significant proposed revisions.
The reportable concentrations of several oil constituents and several hazardous materials would decrease under the proposed revisions to 310 C.M.R. § 40.1600, resulting in increased reporting obligations. For example, the reportable concentrations applicable to soil for benzene, ethylbeneze, toluene, xylene, methyl tertiary butyl ether, fuel oil, chlorinated solvents and metals, not including lead, would
