Breaking News: Imminent Changes to Massachusetts Environmental Regulations

March 28, 2014

The long-awaited regulatory changes to the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000) are finally in the publication stage with the Secretary of State’s office.  The Massachusetts Department of Environmental Protection (MADEP) estimates that the new version of the MCP will be published on either April 11 or April 25, 2014

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A few of the new provisions will be effective immediately upon the publication date, but most of the changes will become effective on a date that is yet to be determined (sometime after publication--estimated to be 45 to 90 days).  This means that the new MCP will likely become fully effective sometime this summer.

 

MCP revisions will likely include important structural changes, including:

  • simplifying the Tier Classification and Permit system;

  • streamlining the Activity and Use Limitation process;

  • changing some of the criteria for vapor intrusion investigations and vapor mitigation systems;

  • eliminating the non-aqueous phase liquid upper concentration limit of ½ inch and replacing it with a mobility-based and source-based evaluation; and

  • adding new provisions for “historic fill” and anthropogenic background conditions.

 

The MADEP is also revising the MCP compliance fee schedule.  The new compliance fees will become effective in June 2014. 

 

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Want to know when the new MCP goes live?

Just click the button below and enter your e-mail address. We'll deliver MCP information, important Massachusetts environmental compliance updates, and deadline reminders directly to your inbox. How easy is that?

 

Keep me posted!