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MassDEP to open interim soil‑reuse policy (COM 24) for public comment after MBTA case study
Summary
The Massachusetts Department of Environmental Protection plans to publish an interim policy (COM 24) this year to allow limited reuse of contaminated soils between 21E disposal sites, include strict acceptance criteria and public engagement, and will accompany the draft with an administrative checklist and outreach meetings.
The Massachusetts Department of Environmental Protection said it will soon release an interim policy titled COM 24 to govern importation and reuse of contaminated soils at disposal sites regulated under the Mass Contingency Plan (MCP), and will open the draft for public comment.
Department presenters described COM 24 as a fast‑tracked, senior‑reviewed policy that would allow the movement of soils between contaminated (21E) sites only when the receiving site achieves a permanent solution consistent with MCP requirements. Speaker 2, who introduced the draft, said the policy would include formal acceptance criteria and "robust public involvement requirements" and that the department expects to post the full document, appendices and an accompanying presentation for review and comment.
The department indicated it is considering a minimum project size for reuse — roughly 250,000 cubic yards — meaning the policy would apply to a limited number of large sites. Speaker 1 said the receiving site must still meet MCP conditions for "no significant risk" and that permanent solutions could include conditions or institutional controls.
As part of the briefing, a Massachusetts Bay Transportation Authority representative, Katie Kutzmaa, presented the South Coast Rail project as an example of beneficial reuse. Kutzmaa said the program set a 75 percent reuse target for excavated material but ultimately achieved a 93.5 percent reuse rate of more than 380,000 cubic yards, leaving roughly 25,000 cubic yards for off‑site disposal. She also said reuse yielded estimated cost savings of $20 million to $30 million and reduced trucking and related greenhouse gas emissions. Kutzmaa thanked MassDEP staff for collaboration on the project.
Department staff said the draft will describe both statewide and site‑specific benefits, including potential use of excess soils to support coastal resiliency projects while ensuring those projects meet MCP endpoints. The presentation named licensed site professionals (LSPs) and consultants consulted during policy development, including Chris Barnett and Michael Stiller (the latter identified in the discussion as an LSP at AECOM).
Attendees raised questions during the briefing. One participant, identified as Lisa, asked whether the proposed high minimum‑volume threshold could be removed to allow reuse at smaller sites; department staff invited that suggestion into the public comment process and said the rollout will include meetings and a reconciliation of submitted comments. Another participant, Deborah, asked whether a "permanent solution" could be achieved with conditions; the presenters said yes and pointed to an appendix checklist intended to help determine preliminary eligibility for an administrative consent order process.
The department said it expects to solicit public comment and host outreach meetings "very soon" after final clearance from senior leadership and the commissioner's office. No formal votes or regulatory adoptions were recorded in this briefing; the item was presented as an interim policy under development.
