Overview: Proposed MCP Amendments Liz Callahan, Acting Div. Director, Policy & Program Planning MassDEP, Bureau of Waste Site Cleanup LSP Association Meeting April 9, 2013
Proposed MCP Amendments • Process Improvements : - Eliminate Tier I Permits - Simplify Tier Classification - Streamline AULs, Notices of AULs on NPL Sites • More Ways to Achieve Closure : - Vapor Intrusion - Petroleum sites (LNAPL) - Closure with conditions but no AUL • More Transparent Closure Terms • Updated Standards
Public Hearing Draft Format • Organized by topics • Permit/Tier Classification • AULs • Vapor Intrusion & Closure • NAPL & Source Control • Miscellaneous & Cross-Referencing • “Notes to Reviewers” describe intent of amendment and seek input on proposal/alternatives 3
Public Comment Process • Public Hearing Draft is available for review, along with supporting documents at http://www.mass.gov/dep/service/regulations/newregs.htm#proposed • Written Comments Due COB Friday, May 17, 2013 • 4 Public Hearings to hear/receive testimony (CERO 4/3 at 5pm; Boston 4/4 at 9:30 am; SERO 4/9 at 9:30 am; WERO 4/10 at 9:30 am) 4
Written Comments - What’s Very Useful to MassDEP... • Consider proposals with your current and past sites in mind – Does it raise any unforeseen issues that should be addressed/clarified? – Does it make sense/help/hurt – be specific – Provide site examples • Provide specific language for revisions and explain why it is better/issue you are trying to address 5
Fees, Other Amendments? • Fee Changes – to be determined • Fee change effective date a consideration relative to effective date of MCP amendments • Fee package is a vehicle for other MCP amendments not previously proposed 6
Eliminate Permits/Streamline Tier Classification
Permit Amendments • No Tier I permit; same process for both Tiers • Uniform extension timeframe of 2 years • Retains provisions to restart clock for Eligible Persons/Tenants (currently 40.0570) • Special Project Permits retained • DEP has authority to require approval upon notice to PRP
Tier Classification Amendments • Phase I still the basis for Classification; still occurs one year from notification • NRS scoresheet replaced by “ Tier I Criteria ” >> directed at concerns that MassDEP considers for closer review/potential oversight • No subclasses of Tier I, except Tier ID (defaults)
Proposed Tier I Criteria One or more of the following exist at time of Tier Classification – OHM above RCGW-1 in a Zone II, IWPA or within 500 feet of a private drinking water supply well – Presence of an Imminent Hazard – IRA where remedial action is required – IRA to address a CEP is required 10
Tier Classification Amendments • Once Tier I criterion condition is addressed, site may be reclassified (would likely be automatic with receipt of subsequent transmittal forms)
AULs Amendments 12
AULs Amendments • Eliminate separate AUL Opinion; incorporate information into Form 1075 • Require documentation be sent to MassDEP when AUL is incorporated into a deed • Revise Amendment form so resulting doc. presents all inconsistent/consistent Activities & Uses • CERCLA Adequately Regulated provisions at 40.0111 and 40.1070 are amended to provide for use of Notices of AUL at CERCLA sites 13
Vapor Intrusion-Related Amendments ( in addition to Source Control and Closure proposals ) 14
VI-Related Amendments • Incorporate VI considerations more clearly in Phases I & II; add CSM definition/documentation • Clarify VI-related SRM conditions - when to look (that trigger 72 hr notification) • CEP amendments *New definitions of Residential Dwelling & Living or Working Space (exclude incidental use of one hr or less) *Reduced IRA Status Report frequency for non-IH CEPs *Clearer provisions for completing IRAs to address CEPs • Permanent Solution with Conditions for Active SSD Systems (operated under permit) 15
Closure • More Transparent Terms • More Options 16
TEMPORARY SOLUTIONS PERMANENT SOLUTIONS NOTHING PERMANENT SOLUTION PERMANENT SOLUTION FEASIBLE With NO CONDITIONS With CONDITIONS NATURAL BACKGROUND NSR for Residential/ Unrestricted NOT TEMPORARY ACTIVITY & USE LIMITATION NOR PERMANENT SOLUTIONS AUL & ENGINEERED BARRIER AUL & PERMIT Former Sites in NO AUL REQUIRED C-2 RAOs ROS 17
Permanent Solution with Conditions No AUL Required 4 Types - • Non-commercial gardening in residential settings addressed qualitatively & recommending BMPs • Elevated OHM attributable to Anthropogenic Background • Residual contamination within a public way or within a rail right-of-way • Absence of an occupied building, but OHM in groundwater greater than GW-2 levels (future VI concern)
Permanent Solution with Conditions No AUL Required • Makes you ask... “ What Conditions ?” • Label intended to flag concerns related to residual contamination • Assumes easy & known access to MassDEP files, both at time of closure and into the future
Non-Commerical Gardening – Related Amendments • Produce consumption pathway removed from calculation of Method 1 Standards • Provide for a qualitative risk assessment of gardening pathway in Subpart I • Allow use of “assumed future practices, controls or conditions” for limited specified circumstances (gardening) • MCP would require recommendation of gardening BMPs in Permanent Solution closure statement • Quantitative assessment would still be available to screen out pathway
Gardening BMPs • Use of BMPs for gardening is becoming more widely recognized and promoted, particularly in urban areas • Promotion of BMPs for gardening is becoming more common for non-MCP issues, like lead paint, pesticides • By incorporating BMP recommendation into Permanent Solution documentation, MassDEP aims to make property owners are AWARE of issue… use of BMPs then becomes an informed choice .
Anthropogenic Background/Historic Fill 22
Background Clarifications (Subparts I & J) • OHM at or below Background are not included in MCP Risk Characterization • Background includes both Natural and Anthropogenic Background 23
Proposed Definition - Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern, including both Natural Background and Anthropogenic Background. 24
Proposed Definition - Natural Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern, are ubiquitous and consistently present in the environment at and in the vicinity of the disposal site of concern, and attributable to geologic or ecological conditions. 25
Proposed Definition - Anthropogenic Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern and which are: (a) attributable to atmospheric deposition of industrial process or engine emissions; (b) attributable to Historic Fill ; (c) associated with sources specifically exempt from the definitions of disposal site or release as those terms are defined in MGL c. 21E and 310 CMR 40.0006; (d) releases to groundwater from a public water supply system; or (e) petroleum residues that are incidental to the normal operation of motor vehicles.
Proposed Definition – Historic Fill means non-indigenous material, deposited to raise the topographic elevation of the site that: ( a) may contain metals and/or semi-volatile compounds (excluding PCBs) typical of weathered materials, including construction and demolition debris, dredge spoils, incinerator residue, fly ash, coal ash, wood ash or other non- hazardous solid waste material (b) was contaminated prior to emplacement; (c) is not connected with the operations at the location of emplacement; (d) is not hazardous waste, chemical production waste, or waste from processing of metal or mineral ores, residues, slag or tailings; and (e) was not a result of illegal disposal of waste material at the time of placement.
Permanent Solution with Conditions AUL & Permit • For Active Exposure Pathway Elimination Measures (e.g., active sub-slab depressurization systems) • AUL to provide notice of obligations • Permit to operate the system 28
What About the Permits? (40.0700) • 21 day presumptive approval • Standardized permit conditions • No renewal required • Who can hold permit? • Person taking Response Actions • Property owner • Either/Both • Certification of Acceptance by non-Permitee property owners 29
Updated Method 1 Standards 30
Method 1 Standards - Proposed Revisions • Update toxicity values • Update indoor air background • Remove produce consumption exposures • Remove “sludge” criteria for Pb, Zn and PCBs • Change S2 and S3 background levels to ‘concentrations associated with fill material’ • Simplify and update the RAFs • Correct hardness-based NRWQC calculations
Recommend
More recommend
