Section 40.0112 - Federal Corrective Action Pursuant to HSWA(1)General. HSWA Corrective Actions performed by persons other than the Department shall be deemed adequately regulated for purposes of 310 CMR 40.0000, provided the person undertaking such response actions does so in compliance with the terms and conditions of the applicable license, permit, approval or order issued pursuant to 42 U.S.C. §§ 6928(a), 6928(h), 6924(u) or 6924(v) and the following: (a) the general provisions in 310 CMR 40.0001 through 310 CMR 40.0099, except: 1. the requirements for LSP Opinions set forth in 310 CMR 40.0015;2. the requirements for force majeure set forth in 310 CMR 40.0025;3. the provisions of 310 CMR 40.0050 with respect to permit decisions only;(b) the requirements and provisions in 310 CMR 40.0101 through 310 CMR 40.0199, except: 1. the general requirements for conducting response actions set forth in 310 CMR 40.0190;2. the provisions of 310 CMR 40.0193 applicable to technical justification;(c) the requirements and procedures in 310 CMR 40.0300 for notifying the Department of a release, threat of release and/or Imminent Hazard, except those releases for which 120-day notification is required by 310 CMR 40.0315;(d) the requirements and procedures in 310 CMR 40.0405 through 310 CMR 40.0429 applicable to Immediate Response Actions, except: 1. for the following Conditions of Substantial Release Migration: a. releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater, or significantly exacerbate an existing condition of groundwater pollution;b. releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year; orc. releases to the groundwater that have been or are within one year likely to be detected in a surface water body, wetland or public water supply reservoir;2. requirements for approval of the Department set forth in 310 CMR 40.0420, if EPA has approved the response actions;(e) the requirements and procedures in 310 CMR 40.0900 and 310 CMR 40.1000 applicable to Risk Characterization; provided however: 1. such requirements shall apply only to locations: a. outside the boundary of a landfill either licensed pursuant to 310 CMR 30.800 or having an interim license pursuant to 310 CMR 30.099(6); and b. outside the boundary of a landfill which has been closed pursuant to 310 CMR 30.633; and2. the requirements therein applicable to Permanent or Temporary Solution Statements shall not apply; and3. the requirements therein shall not be deemed to preempt more stringent applicable federal and state standards; and(f) the requirements and procedures for Public Involvement Activities and Technical Assistance Grants in 310 CMR 40.1400 shall apply to the extent applicable and practicable as determined by the Department.(2)Adequate Regulation during Pendency of Appeal. Unless otherwise provided by the Department, HSWA Corrective Actions performed by persons other than the Department shall be deemed adequately regulated for purposes of 310 CMR 40.0000 while an appeal from the applicable license, permit, approval or order is pending, provided the person undertaking such response actions complies with the following: (a) the general provisions in 310 CMR 40.0001 through 310 CMR 40.0099, except: 1. the requirements for force majeure set forth in 310 CMR 40.0025;2. the provisions of 310 CMR 40.0050 with respect to permit decisions only;(b) the requirements and provisions in 310 CMR 40.0101 through 310 CMR 40.0199, except: 1. the general requirements for conducting response actions set forth in 310 CMR 40.0190;2. the provisions of 310 CMR 40.0193 applicable to technical justification;(c) the requirements and procedures in 310 CMR 40.0300 for notifying the Department of a release, threat of release and/or Imminent Hazard, except those releases for which 120-day notification is required by 310 CMR 40.0315;(d) the requirements and procedures in 310 CMR 40.0405 through 310 CMR 40.0467 applicable to Immediate Response Actions, Release Abatement Measures and Utility-related Abatement Measures;(e) the requirements and procedures in 310 CMR 40.0900 and 310 CMR 40.1000 applicable to Risk Characterization; provided however: 1. such requirements shall apply only to locations: a. outside the boundary of a landfill either licensed pursuant to 310 CMR 30.800: Licensing Requirements and Procedures or having an interim license pursuant to 310 CMR 30.099(6); and b. outside the boundary of a landfill which has been closed pursuant to 310 CMR 30.633: Closure and Post-closure Care; and2. the requirements therein applicable to Permanent or Temporary Solution Statements shall not apply; and3. the requirements therein shall not be deemed to preempt more stringent applicable federal and state standards; and(f) the requirements and procedures for Public Involvement Activities and Technical Assistance Grants in 310 CMR 40.1400 shall apply to the extent applicable and practicable as determined by the Department.(3) Any person who is performing a HSWA Corrective Action at a disposal site deemed adequately regulated pursuant to 310 CMR 40.0112 shall concurrently submit to the Department a copy of any document submitted to EPA for approval.(4) In order to ensure compliance with those requirements and procedures in 310 CMR 40.0000 which are applicable to HSWA Facilities deemed adequately regulated pursuant to 310 CMR 40.0112, the Department may conduct an audit of any RP, PRP or Other Person, or any response action including, but not limited to, any HSWA Corrective Action or any HSWA Facility that is a site in accordance with 310 CMR 40.1100.(5) No provision of 310 CMR 40.0112 shall be construed to limit or waive any of the Commonwealth's authority or rights under RCRA including, but not limited to, the authority or right to: (a) provide comment or to appeal any license, permit approval or order proposed by EPA;(b) seek and obtain authorization to administer and enforce a hazardous waste program including, but not limited to, authority over HSWA Corrective Actions; and(c) enter into agreements to establish a federal-state partnership to carry out the purposes of RCRA.(6) Notwithstanding any provision of 310 CMR 40.0000 to the contrary, except 310 CMR 40.0112(2), no person undertaking response actions at a HSWA Facility which the Department deems adequately regulated pursuant to a license, permit, approval or order issued pursuant to 42 U.S.C. §§ 6928(a), 6928(h), 6924(u) or 6924(v) shall be required to engage or employ a Licensed Site Professional for purposes of having such professional render one or more LSP Opinions with respect to such HSWA Corrective Action; provided however, that such person shall employ or engage an LSP for purposes of 310 CMR 40.0035(1)(h), unless otherwise approved by the Department.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.