In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the new regulations. 

Provided below is a brief summary of the new regulations on the topics of

• Method 1 Numerical Standards,
• Coal Tar, and
• Tier Classification and Temporary Solutions.

This information was developed and is provided on behalf of the LSPA only; it does not represent MassDEP guidance or other input. MassDEP training on the new regulations is expected to take place in January 2024.

Key Changes to Method 1 Numerical Standards

• Method 1 Numerical Standards have changed for several contaminants in groundwater, S-1 Soil, S-2 Soil, and S-3 Soil, as summarized below.  

• Changes to 310 CMR 40.0321(2) indicate a relaxing of standards for concentrations of arsenic, cadmium, and mercury which “could pose” an Imminent Hazard in soil within 12 inches of the ground surface.
• Changes were also made to Direct Contact Standards (310 CMR 40.0985(6)) and Ceiling Limits (formerly UCLs – 310 CMR 40.0996(7)).
• Revised Method 1 and Method 2 (Direct Contact) Standards may be used prior to March 1, 2024, and will be considered Method 2.
• Revised concentrations which could pose an Imminent Hazard and the Revised Method 3 Ceiling Limits may not be used prior to March 1, 2024.

Key Changes to Coal Tar and Related Topics

• "Visible Coal Tar Waste Deposits” is a new term at 310 CMR 40.0924(11) and must be considered a distinct Exposure Point. There is no definition for that term at this time.
• 310 CMR 40.0926(8)(a)(3) specifies a new Exposure Point Concentration (EPC) requirement for visible coal tar waste deposits.
• 310 CMR 40.0994(3)(b) creates a new public welfare risk characterization requirement for the presence of accessible visible coal tar waste deposits at a site.
• There are new criteria to demonstrate No Significant Risk (310 CMR 40.0997) for any visible coal tar waste deposit for current conditions but not for future conditions, and different criteria for current and future conditions.
• There is a new explicit requirement at 40.1012(2)(a)(4) indicating that “…AULs shall be required at any disposal site or portion of a disposal site where visible coal tar waste deposits are located at a depth greater than 15 feet from the ground surface pursuant to 310 CMR 40.0997(3).”

Key Changes to Tier Classification and Temporary Solutions

• 310 CMR 40.1050(4)(c) describes the conditions under which the submittal of the Periodic Review of the Temporary Solution and Post-temporary Solution Status Report, as specified pursuant to 310 CMR 40.0898(1)(e), would have the effect of maintaining a Tier Classification or Extension. This eliminates the need for a Tier Classification Extension if one is in effect at the time the Temporary Solution Statement is submitted to MassDEP and until such time as a Permanent Solution Statement is submitted, as long as these conditions are met.
• Post-Temporary Solution Status Reports (310 CMR 40.0898) are required to be submitted every six months for sites with Active O&M ongoing (i.e., remedial system, AEPMM, Remedial Monitoring Program) and are to be submitted with Periodic Review Opinions for sites where Active O&M is NOT being conducted.

These slides present a summary of and elaborate on the information on the three topics above.

More MCP topics to come.