Approval of Applications for Special Project Designation Permits, and Special Project Designation

Permit Modifications, Transfers or Extensions (1) Special Project Designation Permits and Special Project Designation Permit Modifications, Transfers or Extensions shall be approved in accordance with the process and schedule in 310 CMR 40.0070. 40.0063: continued (2) The Department shall consider the criteria in 310 CMR 40.0063(3) and (4) and all other available information when reviewing a Special Project Designation Permit Application or a Modification, Transfer or Extension submitted pursuant to 310 CMR 40.0060, and when making the following decisions: (a) to grant a Special Project Designation Permit, or Special Project Designation Permit Modification, Transfer or Extension; (b) to grant a Special Project Designation Permit, or Special Project Designation Permit Modification, Transfer or Extension with conditions; or (c) to deny a Special Project Designation, or Special Project Designation Permit, Modification, Transfer or Extension. (3) Department Decision Concerning Special Project Designation Permit and Special Project Designation Permit Modification, Transfer or Extension. In considering whether to grant or deny an application, the Department shall consider the following: (a) the extent to which risks posed by releases at or from property proposed for inclusion in the Special Project Designation have been identified and characterized and whether known or potential risks can likely be managed in a manner that protects health, safety, public welfare, and the environment; (b) whether the project meets the eligibility criteria in 310 CMR 40.0061(3); (c) whether compliance with the applicable response action deadline(s) described in 310 CMR 40.0500 that would be extended under the Special Project Designation would unreasonably decrease the cost-effectiveness of project implementation; (d) the extent to which the implementation and coordination of proposed response actions at the disposal site(s) in the project area is feasible and likely, and whether the applicant and other participants (e.g., property owners, if different from applicant) have agreed to such implementation and coordination; (e) the ability and willingness of the applicant to perform necessary response actions; (f) the environmental compliance history of the applicant and the party who will implement proposed response actions (if different from the applicant); (g) whether significant public comments can be addressed in the decision; (h) whether Department oversight of response actions is necessary; and (i) any other factor the Department deems relevant to the decision. (4) The Department may deny a Special Project Designation Permit and Special Project Designation Permit Modification, Transfer or Extension if it determines that: (a) the applicant has submitted information in the application that he or she knew or reasonably should have known was false or misleading; (b) the application was not completed by an applicable deadline; (c) risks posed by releases at or from the property(ies) proposed for inclusion in the Special Project Designation have not been sufficientlyidentified, and characterized and/or cannot be managed to ensure that the deadline extension(s) sought under the Special Project Designation will not compromise the protection of health, safety, public welfare, and the environment; (d) compliance with the response action deadline(s) the applicant is seeking to extend under the Special Project Designation would not unreasonably decrease the cost-effectiveness of project implementation; (e) implementation of the proposed response actions is not feasible or likely, or property owners included in the Special Project Designation, if different from the applicant, have not agreed to such implementation; (f) there is significant public opposition to granting the Special Project Designation with respect to performance of response actions; (g) the applicant is not able or willing to oversee and coordinate implementation of the Special Project; or (h) the Department intends to oversee, undertake or arrange for the performance of necessary response actions at the disposal site. 40.0063: continued (5) Effect of Special Project Designation. The Department's decision to grant a Special Project Designation shall have the following effect on response action deadlines of 310 CMR 40.0000. (a) For Special Project Designations sought to extend the deadline for Tier Classification pursuant to 310 CMR 40.0061(1)(a), the deadline for Tier Classification shall be extended two years from the deadline specified at 310 CMR 40.0501(2); (b) For Special Project Designations sought pursuant to extend a specific deadline(s) for Comprehensive Response Actions pursuant to 310 CMR 40.0061(1)(b), the specified Comprehensive Response Action deadline(s) shall be extended for a period of two years from the applicable deadline(s) in 310 CMR 40.0560; (c) Additional deadline extensions may be sought upon the expiration of the Special Project Designation. pursuant to 310 CMR 40.0067. (6) A Special Project Designation Permit or Special Project Designation Permit Modification, Transfer or Extension shall become effective: (a) 36 days from the date the complete application is received by the Department, if the Permit is presumptively approved without conditions pursuant to 310 CMR 40.0070(3); (b) on the date the Department issues its written approval of the Permit, if approved with conditions; (c) 36 days from the date the Department issues a Notice of Extended Review, if the Department issues the applicant(s) a Notice of Extended Review in accordance with 310 CMR 40.0070(3)(c) and the Permit is presumptively approved without conditions pursuant to 310 CMR 40.0070(4); or (d) on the date the Department issues its written approval of the Permit, if the applicant and the Department by written agreement extend any schedule for timely action or individual portion thereof for the review of a Permit application pursuant to 310 CMR 40.0070(6) or 310 CMR 4.00: Timely Action Schedule and Fee Provisions. (7) A Special Project Designation Permit or Special Project Designation Permit Extension shall be effective for two years, unless otherwise established by the Department; any modification or transfer of a permit shall be effective for the remaining duration of the permit being transferred or modified.