October, November and December 2007 Level 1 Audits

MassDEP completed Level 1 (L1) file review audits (using Technical Screening Audit Forms) on 693 response actions at sites between October and December 2007.  Although MassDEP does not issue Notice of Audit Findings at the outcome of L1 Audits, available information is used to prioritize MassDEP's focus for Level 2 and Level 3 Audits. 

October, November and December 2007 Level 2 Audits

MassDEP completed Level 2 (L2) audits and issued Notices of Audit Findings (NOAFs) at 78 sites between October and December 2007. Eighteen Notices of Noncompliance (NONs) were issued, together with MassDEP's findings.  L2 audits of interest between October and December 2007 include:

Mass DEP completed a L2 audit of a Activity and Use Limitation (AUL) filed in 2006 for a commercial property to determine if the site activities and uses were consistent with the terms and conditions of the AUL and whether obligations and conditions required to maintain a condition of No Significant Risk were being met.  MassDEP issued a Notice of Audit Finding (NOAF)/Notice of Noncompliance (NON) which concluded that there were no violations of the requirements applicable to the AUL at the site; however, violations were identified which required the filing of corrective documents.  Specifically, the AUL describes provisions that must be undertaken if construction and utility repair are to be conducted in the portion of the AUL area located outside the engineered barrier but does not describe any provisions that must be undertaken if the engineered barrier located within the AUL area is removed, as permitted by the AUL.  The AUL did not include a description of the permitted activities/uses and inconsistent activities/uses to maintain a condition of No Significant Risk within the AUL area. 

Pursuant to 310 CMR 40.1074(2).  MassDEP required the termination of the AUL and implementation of a new AUL within a specified time frame (Orange, RTN 1-15918, NON-WE-07-3A124, November 30, 2007)

Level 2 Audits were conducted at the following sites between October and December 2007:

October, November, and December 2007 Level 3 Audits

MassDEP completed Level 3 (L3) audits and issued NOAFs at 68 sites between April and June 2007.  Fifty-six NONs were issued with MassDEP's findings.  L3 audits of interest between October and December 2007 include: 

MassDEP completed a L3 audit of a Response Action Outcome (RAO) filed in 2005 for a commercial property . Pursuant to 310 CMR 40.0000, a Response Action Outcome shall be supported by assessments and evaluations which are: a) of sufficient scope, detail and level of effort to characterize the risk of harm to health, safety, public welfare and the environment posed by the disposal site pursuant to 310 CMR 40.0900; b) are consistent with the Response Action Performance Standard described in 310 CMR 40.0191; c) are commensurate with the nature and extent of the release and complexity of site conditions; d) demonstrate that all the requirements of the applicable class of RAO pursuant to 310 CMR 40.1000 have been met, and; e) conform with the applicable requirements and procedures for conducting response actions specified in 310 CMR 40.0000.   MassDEP issued a Notice of Audit Finding (NOAF)/Notice of Noncompliance (NON) which concluded that the nature and extent of groundwater contamination at the site has not been adequately delineated.  According to the RAO, PCB-impacted soil was encountered in the waste oil/heating oil UST area and a PCB concentration of 0.67 ppb from a well  exceeded the Method 1 GW-3 standard.  This PCB concentration was not acknowledged as an exceedance of the Method 1 GW-3 standard in the RAO report and no further sampling/analysis for PCBs was conducted for this well.  In addition, no information was provided to substantiate that soil and groundwater samples in the vicinity of the former gasoline USTs and dispenser were analyzed for EDB.  Monitoring of a nearby well from March 2002 through April 2004 for VPHs identified VPH concentrations that exceeded the Method 1 GW-2 standards.  This well appeared to be within thirty (30) feet of the former garage but was destroyed in the Spring 2004 and the office/apartment building was constructed on the southern part of the site and above this well.  This monitoring well was not replaced with a collocated well and no further monitoring was conducted.  In addition, an evaluation of the potential impacts to indoor air for the recently constructed commercial/residential building above this area was not conducted. 

MassDEP required the responsible party to submit a revised RAO within 60 days  if conditions necessary to support an RAO were achieved as a result of additional assessment.; or retract the existing RAO Statement opinion, and submit a Tier II Extension.   (Mansfield, RTN 4-15838, NON-SE-07-3A-053, October 29, 2007).

 Level 3 Audits were conducted at the following sites between October and December 2007:

October, November, and December 2007 Observations and Notes:

• Of the 18 L2 Audit NOAF/NONs issued between October and December 2007, MassDEP cited56 violations of the MCP.  The most common violation cited was 40.1074(2), failure to include all required information in AUL reports. 
• Of the 56 L3 Audit NOAF/NONs issued between October and December 2007, MassDEP cited 212 violations of the MCP.  The most common violation cited was 40.1004, failure to support RAO.
• A historical compilation of all Audit Helpful Hints as well as past issues of  "The Agency Speaks - Audit Update" column, the Audit Fact Sheet and copies of the Level 1 Audit Technical Screening Forms can be found on MassDEP's Audit Program website at: http://www.mass.gov/dep/cleanup/compliance/audits.htm. 

This column was prepared by Gail Colaiacomo/Boston/BWSC/Audits.  Please forward any thoughts, comments or suggestions to  Gail.Colaiacomo@state.ma.us.