Section 40.1301 - Purpose, Scope and Applicability(1) The regulations published at 310 CMR 40.1301 through 310 CMR 40.1399, collectively referred to as 310 CMR 40.1300, set forth procedures for the establishment of an administrative record pursuant to M.G.L. c. 21E, § 5A.(2) The regulations published at 310 CMR 40.1300 shall apply when the Department elects to establish an administrative record pursuant to M.G.L. c. 21E, § 5A, for any Release Abatement Measure under 310 CMR 40.0440, Comprehensive Response Action under 310 CMR 40.0800 or any other response action.(3)310 CMR 40.1300 does not apply to response actions selected prior to April 25, 2014 or to Immediate Response Actions under 310 CMR 40.0410.(4) With respect to those response actions for which the Department does not elect to establish an administrative record in accordance with 310 CMR 40.1300, the administrative record shall consist of all items developed, relied upon, and received pursuant to procedures used by the Department for the selection of the response action, including procedures for the participation of interested parties and the public.(5)310 CMR 40.1300 describes when the Department may establish an administrative record pursuant to M.G.L. c. 21E, § 5A; the standards for the content of such an administrative record; the procedures by which the public, RPs and PRPs may participate in the establishment of such an administrative record; and where the Department shall locate such an administrative record.(6) The Department's decision to establish or certify an administrative record in accordance with 310 CMR 40.1300, and the Department's selection of a response action pursuant to M.G.L. c. 21E, and 310 CMR 40.0000, shall not be an adjudicatory proceeding and shall not be subject to those provisions of M.G.L. c. 30A, or any other law, governing adjudicatory proceedings.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.