Reclassification by RPs, PRPs, or Other Persons During Response Actions

(1) An RP, PRP or Other Person performing response actions at a disposal site following Tier Classification shall reevaluate such disposal site using the Tier I Criteria specified in 310 CMR 40.0520(2) if he or she obtains information which could cause reclassification of the disposal site from Tier II to Tier I, and shall submit to the Department a Tier Classification Submittal for the reclassification of the disposal site within 60 days of obtaining knowledge that the disposal site meets the Tier I Criteria. (2) An RP, PRP or Other Person may downgrade a Tier I disposal site classification if, upon re-evaluation of the disposal site pursuant to the Tier I Criteria at 310 CMR 40.0520(2), the disposal site is determined to no longer meet one or more of the Tier I Criteria, and, with regard to the Tier I Criteria at 310 CMR 40.0520(2)(b), (c) and (d), an Immediate Response Action Completion Statement is submitted or has been submitted documenting the completion of the Immediate Response Actions. (3) An RP, PRP or Other Person who is reclassifying a disposal site pursuant to 310 CMR 40.0530(1) or (2) shall submit a Tier Classification Submittal to document the reclassification that includes: (a) a completed Tier Classification transmittal form using the form established by the Department for such purposes; (b) on the basis of the Tier I Criteria, an LSP Opinion as to whether a disposal site should be reclassified as Tier I or Tier II; (c) any other information required by 310 CMR 40.0520 or 310 CMR 40.0530 including, but not limited to, any other Phase Reports, Status Reports, and Completion Statements material to such LSP Opinion; and (d) the certification required by 310 CMR 40.0009. (4) Except as otherwise specified by the Department, reclassification of a disposal site by an RP, PRP or Other Person who has been performing and is continuing to perform response actions at such disposal site shall not change the effective date of the Tier Classification or the response action deadlines based upon the initial Tier Classification effective date of such disposal site, as detailed in 310 CMR 40.0560(1) and (2). (5) A Tier Classification Submittal for the reclassification of a disposal site shall include the public involvement activities relevant to Tier Classification, including, but not limited to, those activities set forth in 310 CMR 40.1403(3) and (6). Response actions may be initiated or continued at the disposal site during the public and written notice period described in 310 CMR 40.1403(6)(a), unless otherwise prohibited by the Department. (6) Reclassification pursuant to 310 CMR 40.0530 shall not be required for disposal sites classified as Tier II prior to June 20, 2014 for conditions that meet the Tier I Criteria specified in 310 CMR 40.0520(2)(c) and (d) where the RP, PRP, or Other Person had knowledge of and was conducting response actions to address such conditions prior to June 20, 2014.