Emergency Promulgation

PCBs settle to the floor of the body of water into which they are discharged; they may remain there for decades. Because lobsters and certain fish are bottom-feeders, they take in PCBs which remain in their bodies in unacceptably high concentrations. These food sources are currently being taken from contaminated areas (as described in 105 CMR 260.005) for primarily recreational and other noncommercial purposes and are being consumed by the public. Consumption of these food sources by humans poses an immediate and lasting threat to health. Further public consumption of these overly-contaminated food sources must be avoided by immediately preventing the taking, sale, and thereby the eating of such food sources caught in the contaminated area. Immediate adoption of 105 CMR 260.000 is necessary for the preservation of the public health; observance of the requirements of notice and public hearing, generally required under the first paragraph of M.G.L. c. 30A, § 2 prior to the promulgation of regulations, would be, in this situation, contrary to the public interest.