MCP Regulatory Reform Project Complete

The Regulatory Reform revisions to the Massachusetts Contingency Plan are effective June 20, 2014 (with some provisions in effect as of April 25, 2014).

This concludes BWSC “Reg Reform” project, although the program is committed to continually evaluating and improving the regulations, policy and guidance as appropriate.  Please check the MassDEP Waste Site Cleanup web page for any new projects or initiatives.


 

NAPL, LNAPL and OHM Source/Migration Control

A topic-specific discussion of the proposed amendments related to NAPL, LNAPL and OHM Source/Migration Control was held at MassDEP on Tuesday, July 30, 2013. The audio of the discussion is available online at archive.org:  http://archive.org/details/July302013NaplAndSourceDiscussion, broken into five 20 minute long segments.  The discussion covered:

  •  Definitions of NAPL and LNAPL and their implications for:

–         Notification
–         SRM
–         Removal to the extent feasible
–         AULs

  •  Wide range of comments related to the proposed definition of Source of OHM and the requirements for “Source” Control

–         Definition of Source of OHM and its relationship to performance standards for plume/migration control
*  “leading edge of a plume” provision; dissolved phase/soil gas not a source
*  plume/migration control provisions

 –         LNAPL “removal to the extent feasible” implies active remediation is required to demonstrate source has been controlled

–         1% Solubility Limit criterion for DNAPL constituents has limitations, particularly as a bright line “Source Control” standard

  • Implementation of the proposed amendments will require timely release of technical guidance related to NAPL – discussion of guidance development scope and goals, including ensuring guidance for MCP users with varying degrees and types of expertise in this area.

Public Comments on MCP Reg Reform Proposals

The following documents were received as part of the public comment on the MCP Regulatory Reform Proposals. The documents are in PDF unless otherwise noted. Comments received in other formats (such as email correspondence or oral testimony) may be subsequently added to this list in the future and will be labelled as “new”.

AECOM
AIM
AMEC
Arcadis
Cardno ATC
CDM Smith
CEA
CLF
Decoulos
Dominion
EPA UIC Program
Geosyntec
GEI
Gordon_Phillips
GoodwinProcter + GEI
GZA
HAI
Heiger-Bernays_Reiss
Horan
Kleinfelder
LaGoy
LSPA
LSPA_Cover Letter
NAIOP_FINAL
National Grid
New Bedford, City of
NEH
Kueper
Roundtable Comments (no name)
O’Reilly
RackemannSawyer&Brewster
SES_LNAPL
Shapiro_LNAPL
Shapiro_PTS Mobility Screening Method
Sherburne
Shope
Speight
Stimpson
Vertex
Worcester, City of

Audio from Public Hearings – NEW (6/3/13)

MCP Regulatory Reform Proposal

MassDEP is proposing significant amendments to the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000, as part of the agency’s regulatory reform efforts. The MCP sets forth the procedures and standards for notification, assessment, and remediation of disposal sites resulting from the release of oil and/or hazardous materials to the environment.  These regulations govern the response to sudden oil and hazardous material spills, as well as the assessment and cleanup of Brownfields, properties contaminated by past use as industrial or commercial facilities, prior to their redevelopment and productive reuse. Consistent with regulatory reform goals, the proposed MCP amendments enhance regulatory efficiency in a manner that benefits both parties conducting response actions and MassDEP, while maintaining a high standard of environmental protection.

The MassDEP website (http://www.mass.gov/dep/service/regulations/newregs.htm#proposed and then scroll down to the MCP revisions) offers the proposed revisions as both a redline/strikeout document and a “clean” (just the new text) version. The spreadsheets documenting changes to the MCP numerical standards are also available to download, as is a 4-page summery of the proposals.

An extended (until May 17, 2013) Public Comment Period will allow reviewers time to develop comments on this substantial package. MassDEP also expects to hold discussion sessions over the next few months to address specific issues in the proposal.

Save the Dates!

The DRAFT revisions to the Massachusetts Contingency Plan (310 CMR 40.000) will be available for public review and comment shortly (within the next week).  Check back here (or the MassDEP website, http://www.mass.gov/dep/public/publiche.htm#regulations) to download a copy when it becomes available.

Public Hearings for the proposed revisions will be conducted under the provisions of M.G.L. Chapter 30A on the following dates:

  1. Wednesday, April 3, 2013 at 5:00 PM
    Department of Environmental Protection
    627 Main Street
    Worcester, MA
  2. Thursday, April 4, 2013 at 9:30 AM
    Department of Environmental Protection
    One Winter Street, 2nd Floor Conference Room
    Boston, MA
  3. Tuesday, April 9, 2013 at 9:30 AM
    Department of Environmental Protection
    20 Riverside Drive
    Lakeville, MA
  4. Wednesday, April 10, 2013 at 9:30 AM
    Department of Environmental Protection
    436 Dwight Street
    Springfield, MA

Testimony may be presented orally or in writing at the public hearings. Written comments will also be accepted until 5:00 PM on Friday, May 17, 2013. Written testimony must be submitted to:

Department of Environmental Protection
Bureau of Waste Site Cleanup
One Winter Street, 6th Floor
Boston, MA 02108
Attn: Elizabeth Callahan

Recent Comments Received on Reg Reform, PCE Toxicity

MassDEP has received comments on the proposed Regulatory Reform initiatives and on the recently released EPA IRIS toxicity values for tetrachloroethylene.  These comments are available on the blog, as comments to the PCE Toxicity Review post and the March SAC Meeting post.

The Department appreciates the thought and effort that went into the comments and strongly encourages all stakeholders to review the material posted on these issues and contribute your thoughts, suggestions, comments and reactions as well.

STRAWMAN PROPOSAL: MCP Closures – Temporary & Permanent Solutions

The proposal below (MS Word or PDF download) outlines possible changes to the MCP that are being considered. This is a “strawman” proposal, intended to stimulate discussion and generate creative ideas – as discussed at the March 22, 2012 Advisory Committee meeting (audio, PowerPoint). The proposal is not a commitment to any specific concept. MassDEP is currently developing draft regulations loosely based on the concepts described below. Any comments – the earlier the better – are welcome.  Please post them to the MassDEP Reg Reform blog below (“Leave a Comment”) or email to Paul.Locke@state.ma.us.  There will be a formal public comment period where additional comments will be solicited.

Download: