MCP Amendments – MassDEP BWSC Advisory Committee Meeting Recap
During the February 28, 2019 Mass DEP Waste Site Cleanup Advisory Committee Meeting, an update on the status of the amendments to the Massachusetts Contingency Plan (MCP) was presented by Liz Callahan, Acting Division Director, Policy and Program Planning at Bureau of Waste Site Cleanup (BWSC), MassDEP, and Paul Locke, Assistant Commissioner at BWSC, MassDEP. After months of preparation on the MCP Public Hearing Draft, MassDEP is nearing completion of the internal review process; the MCP Public Hearing Draft was recently approved by the Executive Office of Energy and Environmental Affairs (EOEEA) and is currently undergoing review by the Executive Office of Administration and Finance, which is the last step prior to publication.
Once the MCP Public Hearing Draft has been approved for publication, it will be published in the Massachusetts Register. MassDEP will publish two versions of the MCP Public Hearing Draft, a clean version and a redline version. The redline version will show all amendments to the MCP in redline strikeout and it will contain notes to reviewers explaining the intent of the more significant changes. The notes to the reviewers will also reference related changes to other sections of the MCP. Unlike the redline versions for previous MCP Public Hearing Drafts, this redline version will contain the entire MCP. MassDEP is encouraging detailed written comments to the proposed MCP amendments, including suggested wording for any requested changes. MassDEP is also requesting feedback on any unforeseen issues which the proposed changes could cause and how the changes might affect specific sites.
Following publication, there will be a public comment period of approximately three months during which time MassDEP plans to hold three or four public hearings. MassDEP expects to take a few months to review the comments and modify the MCP amendments based on these comments. The agency currently hopes to release the Final Draft of the MCP in the Fall of 2019.
Changes to the Reportable Concentrations would take effect on the date of publication of the Final Draft of the MCP amendments, but other changes would not take effect until a specified effective date which is expected to be approximately two months after the publication. Any changes to the Method 1 Standards could optionally be used during the period between publication of the Final Draft of the MCP and the effective date of the new MCP.
The following proposed amendments to the MCP were noted during the February 28, 2019 MassDEP Waste Site Cleanup Advisory Committee Meeting:
- Clarified the requirements for Notices of Activity & Use Limitations (AULs) at CERCLA sites.
- Updated MCP notification provisions for tank tightness testing to be consistent with the Underground Storage Tank (UST) Program regulations.
- Modified “adequately regulated” provisions for disposal site with Radioactive Materials to minimize duplicative oversight by MassDEP and the Massachusetts Department of Public Health (MassDPH) Radiation Control Program.
- Amended criteria for determining GW-1 areas to align with areas protected by the drinking water regulations.
- Clarified that the presence of non-petroleum hydrocarbon contaminants does not necessarily preclude the use of the provision related to petroleum contamination in Zone II GW-1 areas.
- Included the consideration of anticipated climate change impacts where relevant to response actions and MCP outcomes.
- Narrowed the approval for use of remedial additives applied near a school, daycare, or residence to the treatment of volatile compounds or the application of additives that result in volatilization.
- Clarified how to request approval for use of remedial additives applied near a school, daycare, or residence and shortened the presumptive approval period to 21 days.
- Clarified that Tier reclassification of a site does not require a new Phase I report, it just requires information relative to the applicability of the Tier I criteria.
- Clarified that Tier reclassification requires public involvement.
- Clarified that Tier Classification must be maintained until a Permanent Solution (PS) or Remedy Operation Status (ROS) is achieved.
- Specified that Post-Temporary Solution (TS) Status Reports will automatically maintain Tier Classification.
- Eliminated the 45-day “prior” submittal requirement for Tier Extensions.
- Specified that six-month status reports will be required for sites in TS with Active Operation & Maintenance (O&M) while annual status reports will be required for TS sites without Active O&M unless an alternative schedule has been presumptively approved by MassDEP.
- Clarified that for Active Exposure Pathway Mitigation Measures (AEPMMs) which involve a subslab depressurization system (SSDS), the focus is on measurement of the system vacuum.
- Addressed requirements for monitoring of drinking water AEPMMs.
- Added registration process for required remote telemetry units.
- Modified annual AEPMM certification and AUL obligations to include an acknowledgement of the requirement to notify MassDEP of systems which have been down for 30 days.
- Added a place holder to allow MassDEP to approve continuous monitoring of AEPMMs and reduce other monitoring requirements as part of continuous monitoring approval.
- Removed provisions related to a TS from 40.1067 “Remedial Actions After a Permanent or Temporary Solution Statement has been Submitted to the Department.”
- Incorporated management of contaminated groundwater into Post-PS Remedial Actions.
- Allowed for the use of Utility Related Abatement Measures (URAMs) to conduct Post-PS Remedial Actions.
- Limited the requirement for an AUL for nonaqueous phase liquid (NAPL) to those instances where NAPL is visible/anticipated at greater than ½ inch in thickness.
- Proposed to incorporate GPS coordinates for the location of monitoring wells in MCP submittals.
- Modified the Notice to Affected Individual so that it is provided upon confirming the presence of an Imminent Hazard (IH) or Critical Exposure Pathway (CEP) and clarified that for multi-unit and commercial/industrial buildings where posting of the notice is required, it is required for the duration of the Immediate Response Action (IRA).
- Allowed written notices to local officials and other parties to be sent by email rather than by mail if there is a written agreement between the parties.
- Added a notification exemption for releases of liquid oxygen and liquid nitrogen; MCP notification is not required for such release if they are managed according to requirements specified by local public safety officials overseeing the response.
- Added Method 1 Standards and Reportable Concentrations (RCs) for perfluoroalkyl substances (PFAS).
- Provided more detail on when Best Management Practices for Gardening are required and how to implement a qualitative assessment of this potential exposure pathway.’
- Incorporated up-to date methodologies and strategies for determining Exposure Point Concentrations (EPCs) and appropriately account for contaminant distribution and variability.
- Specified the requirements for identifying toxicity values which are used in Method 3 Risk Characterizations, including requiring the use of values developed by MassDEP and listed in regulation.
- Updated surficial soil concentrations indicative of a potential IH.
- Amended IH risk management criteria to specify that the Excess Lifetime Cancer Risk (ELCR)/Hazard Index (HI) “is equal to or greater than” the risk limit to eliminate uncertainty and rounding bias.
- Updated MCP Method 1 Standards, Method 2 Direct Contact Standards, Method 3 Upper Concentration Limits, and corresponding RCs to reflect more recent scientific and technical information on chemical exposure and toxicity.
- Added a few new hazardous materials.
- Approximately 18% of the Method 1 standards changed; the majority of those changes are relatively small, are due to updating the exposure factors, and are less stringent.
- Clarified that waste deposits such as manufactured gas plant waste and other waste deposits in soils must be explicitly evaluated to ensure appropriate risk characterization.
MassDEP will be providing additional information on the proposed MCP Amendments and 1.5 hours of DEP/Regulatory LSP Credits at the Licensed Site Professional Association’s (LSPA’s) March 19, 2019 monthly meeting and April 16, 2019 Western Massachusetts meeting. You can sign up for these events at the LSPA website. MassDEP intends to offer more in-depth training on the regulations once the final Draft of the MCP has been published. The full February 28, 2019 MassDEP Waste Site Cleanup Advisory Committee Meeting can be viewed on MassDEP’s Youtube page.