GeoInsighter Winter 1999 Newsletter

Massachusetts DEP to Overhaul MCP Audit Program, Audit all RAOs and AULs

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As part of the current revision of the MCP audit program, the Massachusetts DEP plans to audit all future Response Action Outcomes (RAOs) and Activity and Use Limitations (AULs) beginning sometime in 1999. The overhaul of the audit program is partly in response to the DEP's failure to meet the goal of auditing 20% of all MCP sites. 

Unlike past MCP audits, future audits will not allow site owners and consultants the opportunity to provide input (such as missing submittals or supplementary information) during the audit process. This should speed up the audit process, but will likely result in the issuance of more Notices of Noncompliance (NONs). In the case of RAOs, the DEP plans to use a checklist that includes yes-or-no type questions on technical adequacy, completeness, and compliance with the MCP. RAOs that score poorly will either be rejected outright or selected for a more in-depth audit.

Some of the items that could cause an RAO to score poorly:

• GW-2 standards exceeded and no indoor air sampling conducted;

• Missing waste disposal documentation;

• Missing or incomplete history of waste disposal practices;

• Background concentrations not identified;

• RAO boundaries not delineated; and

• The information provided is inconsistent with the selected RAO class.

The evaluation procedure for AULs has not been fully developed, but is likely to be similar in nature to that proposed for RAOs. In addition, DEP intends to audit all past AULs, but it remains to be seen if sufficient resources will be available to accomplish this goal. 

Based on the proposed checklist procedure, it is advisable to compare future RAOs and AULs to a DEP-type checklist prior to submittal. This procedure could reduce rejected submittals (which can lead to missed MCP deadlines) and also reduce the chance of an in-depth audit. Both new and previously-submitted AULs should be reviewed to be sure that paperwork is in order, documents were recorded at the registry of deeds, public officials were properly notified, and that the terms of the AUL continue to be complied with.

GeoInsight personnel are active in committees that are monitoring the overhaul of the audit program and the MCP program revisions in general. We will keep you informed of new developments in this important area.

Richard E. Doherty, P.E., L.S.P.
redoherty@geoinc.com

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