The LSPA received the following email from MassDEP Bureau of Waste Site Cleanup on Thursday, October 23, 2025: 

MassDEP has posted the Public Comment Draft of Interim Policy Regarding the Re-Use of Soil at Disposal Sites Regulated under the Massachusetts Contingency Plan (COMM-25) dated Oct 24, 2025 under “DRAFT Policies” at https://www.mass.gov/lists/policies-guidance-technical-support-for-site-cleanup#draft-policies- .

This Draft Interim Policy (including all appendices) provides notice that MassDEP may issue a limited number of administrative consent orders  (“COMM-25 ACOs”) to persons who (a) are performing Response Actions at a Disposal Site (“Soil Receiving Site”) and (b) intend to import large quantities of contaminated soil from one or more other Disposal Sites or other locations (“Soil Donor Sites”) for re-use at the Soil Receiving Site (“Soil Re-Use Project”). 

To achieve this purpose, this Interim Policy describes:

• the process that will govern the request for, and issuance of, a COMM-25 ACO (Section II of the Interim Policy);
• minimum terms and conditions to be contained in a COMM-25 ACO, including criteria governing what soils may be accepted at the Soil Receiving Site (Section III and Appendix B of the Interim Policy); and
• public involvement requirements associated with a COMM-25 ACO and the robust public participation process for projects that are within one mile of an EJ Population (Section IV and Appendix C of the Interim Policy).

Comments can be submitted in two ways:

1. Email [email protected] by December 5, and our Regulations Committee will incorporate your feedback into our overall comments.
2. Email comments directly to MassDEP at [email protected] by December 24, 2025,

Thank you in advance for your help with this important work.