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GeoInsighter Spring 2006 Newsletter

Wave 2 Has Finally Rolled In

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In October 2004, the Massachusetts Department of Environmental Protection (MADEP) published a Public Hearing Draft of proposed changes to the Massachusetts Contingency Plan (MCP, 310 CMR 40.0000). The final version of the proposed changes was submitted to the Office of the Secretary of State for publication in the Massachusetts Register and the effective date is April 3, 2006. The final amendments are presented in a document titled Final Amendments Massachusetts Contingency Plan, 310 CMR 40.0000, dated January 6, 2006, and can be found on the MADEP’s website at http://mass.gov/dep/cleanup/laws/regulati.htm.

Key changes to the MCP are described below.

Remedial Monitoring Reports shall be submitted monthly for disposal sites where remedial actions address an Imminent Hazard or Condition of Substantial Release Migration. Otherwise, six-month status reports are required.

  • Wave 2 revisions include modifications to the Special Project Designation, including expanding the list of eligible applicants (formerly only public organizations) and extending Tier Classification and comprehensive response action timelines.  Eligible Persons or Eligible Tenants are required to provide a letter demonstrating community support and describing the public benefits of the project.

Releases and Threats of Releases That Do Not Require Notification now include an exemption for arsenic or beryllium in Boston Blue Clay or arsenic in soil or ground water in Worcester County, which are consistently present in the environment in the vicinity of the sampling location and attributable to local geologic or ecologic conditions.

  • Wave 2 revisions include two categories of the Class C Response Action Outcome (RAO): Class C-1 and Class C-2. The Class C-1 RAO will apply to disposal sites where a condition of no substantial hazard exists and response actions to achieve a permanent solution are not currently feasible (periodic review is still required). The Class C-2 RAO will apply to disposal sites where a condition of no substantial hazard exists and response actions to achieve a permanent solution are feasible and are to be conducted (periodic review is not required). The MADEP will classify existing Class C RAOs as C-1 until the RAO is reclassified (e.g., as a Class C-2, Class A, or Class B RAO).

Wave 2 revisions regarding public involvement activities include the following.

  • Persons conducting response actions shall provide the property owner with written notice explaining that the owner will be provided with the results of environmental samples collected from their property.

  • Persons conducting response actions as part of an Immediate Response Action (IRA) to abate an Imminent Hazard or to address a Critical Exposure Pathway must notify (within 72 hours) owners and/or operators and other persons who may experience significant health or safety impacts from the disposal site that is being addressed by the IRA.

  • Persons providing notification of a release or threat of a release shall also provide a copy of the Release Notification Form to municipal officials within seven days of submission to the MADEP.

  • Persons conducting response actions must provide written notice to the owners of the property within the boundaries of the disposal site at the completion of the Phase II or RAO, whichever comes first, for the disposal site. 

Wave 2 revisions also consist of changes to the MCP numerical standards, including the Reportable Concentrations, Method 1 Risk Characterization Standards, and Upper Concentration Limits. For example, the revised Ground Water Category GW-2 (which is considered to be a potential source of vapors to indoor air) standards for several chlorinated solvents (e.g., cis- and trans-1,2-dichloroethylene, tetrachloroethylene, and trichloroethylene) are now considerably lower. For disposal sites where response actions are ongoing, GeoInsight recommends that these changes be reviewed (as applicable) to evaluate their impact on waste site cleanup decisions.

What does it all mean?

Some of the more immediate impacts to the regulated community include:

  • more comprehensive public notification requirements; and
  • gas station owners, dry cleaners, and industrial facilities, in some cases, will need to meet lower numerical standards for spills or releases of oil and hazardous materials.
What changes to the MCP are still in the works?
  • New regulations pertaining to asbestos in soil.
  • Numerical standards for perchlorate, a compound associated with explosives, propellants, rocket testing, chemical manufacturing, etc.
  • Additional changes to the numerical standards.


Joel J. Trifilo, P.G., L.S.P., L.E.P.
jjtrifilo@geoinc.com
 

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