Massachusetts Contingency Plan

Massachusetts Contingency Plan
Name	Massachusetts Contingency Plan
Jurisdiction	Commonwealth of Massachusetts
Established	1993
Governing body	Massachusetts Department of Environmental Protection
Related legislation	Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Comprehensive Environmental Response, Compensation, and Liability Act

Massachusetts Contingency Plan

The Massachusetts Contingency Plan is a regulatory framework administering response to hazardous material releases under the Massachusetts Department of Environmental Protection, aligning state action with federal Comprehensive Environmental Response, Compensation, and Liability Act requirements while interfacing with municipal authorities such as the City of Boston and regional entities like the Massachusetts Bay Transportation Authority. It prescribes procedures for reporting, site assessment, cleanup standards, and public involvement to address releases affecting locations including Cape Cod, Worcester County, and Suffolk County. The Plan integrates with programs and institutions such as the United States Environmental Protection Agency, Massachusetts Department of Public Health, Federal Emergency Management Agency, and U.S. Army Corps of Engineers.

Overview

The Plan establishes a comprehensive process for addressing releases originating from facilities regulated by General Electric, ExxonMobil, Texaco, Shell Oil Company, DuPont, and other entities operating in jurisdictions like Springfield, Massachusetts and New Bedford; it coordinates with state actors including the Massachusetts Attorney General and agencies such as the Massachusetts Office of Technical Assistance and Technology and the Massachusetts Emergency Management Agency. It defines responsibilities for potentially responsible parties drawn from cases involving corporations like Raytheon Technologies, Polaroid Corporation, Gillette Company, Beth Israel Deaconess Medical Center, and commercial sites in municipalities such as Cambridge, Massachusetts and Lowell, Massachusetts. The Plan is applied in contexts involving contamination types encountered near Boston Harbor, Merrimack River, Charles River, and sites formerly used by United States Navy or U.S. Air Force operations.

Legal Framework and Authority

Authority for the Plan derives from state statutes such as the Massachusetts Oil and Hazardous Material Release Prevention and Response Act and is implemented through regulations promulgated by the Massachusetts Department of Environmental Protection under the oversight of the Massachusetts Legislature and judicial review by courts including the Massachusetts Supreme Judicial Court. The Plan aligns with federal statutes and agencies including the Comprehensive Environmental Response, Compensation, and Liability Act, Resource Conservation and Recovery Act, Clean Water Act, and coordination with the United States Environmental Protection Agency Region 1 and United States Coast Guard in maritime incidents near New Bedford Harbor and Boston Harbor Islands National Recreation Area. Enforcement actions invoke offices such as the Massachusetts Attorney General and may involve litigation in venues like the United States District Court for the District of Massachusetts.

Site Classification and Notification Requirements

Site classification under the Plan uses tiers analogous to protocols adopted by operators such as Massachusetts Bay Transportation Authority and owners including Harvard University and Massachusetts Institute of Technology for facilities in Cambridge, Massachusetts and Boston University properties; it specifies immediate notification to agencies including the Massachusetts Department of Public Health and municipal officials in towns like Plymouth, Massachusetts and Salem, Massachusetts. Reporting thresholds reflect thresholds comparable to United States Environmental Protection Agency reportable quantities, requiring prompt action by entities from Massachusetts Port Authority to private landowners and institutions such as Boston Medical Center and Brigham and Women's Hospital. The Plan’s classification framework has been applied in incidents at sites managed by Massachusetts Port Authority and in cleanup responses involving properties owned by John Hancock Financial and MassMutual Financial Group.

Response Actions and Cleanup Standards

Response actions under the Plan include emergency response, preliminary assessment, site investigation, and remedial actions consistent with standards referenced by the United States Environmental Protection Agency and technical guidance from the National Oceanic and Atmospheric Administration and United States Geological Survey. Cleanup standards address contaminants including petroleum hydrocarbons historically associated with companies like ExxonMobil and Chevron Corporation, chlorinated solvents used by manufacturers such as DuPont and 3M Company, heavy metals found at industrial sites once occupied by General Electric and Westinghouse Electric Corporation, and emerging contaminants such as per- and polyfluoroalkyl substances implicated in matters involving 3M Company and Dupont de Nemours, Inc.. Remedy selection draws on expertise from institutions including Massachusetts Institute of Technology, Woods Hole Oceanographic Institution, Tufts University, and consulting firms that have worked with Massachusetts Department of Environmental Protection on remedy design.

Public Participation and Community Relations

The Plan mandates public notification and community involvement processes coordinated with municipal governments like Boston City Council, neighborhood organizations in areas such as Roxbury, Boston and Dorchester, Massachusetts, and stakeholders including environmental nonprofits such as Massachusetts Audubon Society, Conservation Law Foundation, Silent Spring Institute, and Charles River Watershed Association. Public meetings and information repositories engage academic centers such as Harvard T.H. Chan School of Public Health, Boston University School of Public Health, and community health partners like Partners HealthCare (now Mass General Brigham). The process has been used in contested sites drawing advocacy from groups including Greenpeace USA, Sierra Club, and Earthjustice.

Implementation, Enforcement, and Liability

Implementation responsibilities rest with the Massachusetts Department of Environmental Protection and local boards such as Boston Public Health Commission and municipal health departments; enforcement tools include administrative orders, cost recovery actions by the Massachusetts Attorney General, and remedial enforcement consistent with case law from the Massachusetts Supreme Judicial Court and federal decisions in the First Circuit Court of Appeals. Liability allocation follows principles used in actions involving corporations like ExxonMobil and General Electric and has prompted settlements negotiated with insurers including AIG, Liberty Mutual, and legal counsel from firms such as Ropes & Gray and Goodwin Procter. Funding mechanisms interface with federal programs like U.S. Environmental Protection Agency Superfund and state initiatives administered by the Massachusetts Department of Environmental Protection.

Historical Development and Notable Cases

The Plan evolved during the early 1990s, influenced by high-profile cleanups such as New Bedford Harbor PCB disposal site and litigation involving General Electric and federal oversight by the United States Environmental Protection Agency Region 1. Notable applications include remediation projects in Worcester, Massachusetts, industrial brownfield revivals in Lowell, Massachusetts and Lawrence, Massachusetts, and responses to releases affecting waterways like the Mystic River and Neponset River. Significant enforcement and settlement matters have involved corporations including ExxonMobil, Texaco, DuPont, and municipal sites overseen by entities such as Massachusetts Bay Transportation Authority and Massachusetts Port Authority. The Plan continues to shape redevelopment initiatives in areas such as Seaport District, Boston and informs institutional practices at universities including Harvard University and Massachusetts Institute of Technology.

Category:Environmental law of Massachusetts