Highlights & Updates

Members present:  Susan Chapnick, David Begelfer, Steve Dodge, Larry Feldman, and Janine Commerford.  Forty-nine people signed the sign-in sheet.

Opening Remarks - Janine Commerford welcomed the group.  Her opening remarks included the following:

• The Supplemental MCP Amendments package is under review at EEA. The regulations should be promulgated this fall.
• The RCRA Corrective Action regulations have been promulgated but still require EPA rulemaking.
• Training: A 4-hour Audit training class is about to begin, with more classes to be scheduled for the spring.  A 3-hour CEP training class will be offered at the UMass Soils conference in October; more classes will be offered in the spring/summer.  Janine will co-present a Professional Ethics course at the UMass Soils conference.  A Data Usability training class is under development and should be offered in the early spring.
• An open house at NERO, scheduled for November 7, will feature a presentation on Indoor Air by John Fitzgerald.
• The Technical Assistance Grant regulations were promulgated in July.  Seven applications were submitted, and decisions on awards are expected soon.
• Under the Safe Neighborhood Chemical Initiative, certain SQGs are being inspected for potential problems. MassDEP, DFS, local fire departments, and state police conduct the inspections.  Preliminary findings indicate that there may be regulatory gaps that need to be addressed.
• Under the Oil Spill Act, equipment trailers and training were provided to Cape and Island communities. MassDEP plans to provide additional trailers and training to North Shore communities.
• The next SAC meeting will be on Thursday, November 15, 2007.

Download audio of Opening Remarks from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-Introduction
(mp3 audio file and other formats)

Commissioner Burt -

• Very supportive of e-filing and e-records review.  Necessary to keep the Commonwealth economically competitive with other states 
• MCP and privatized system work extremely well and is well regarded across the nation.  Privatization and a performance-based approach could work for other MassDEP programs.

Download audio of Commissioner Burt's comments from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-CommissionerRemarks
(mp3 audio file and other formats)

E-DEP Update - Paul Locke gave a PowerPoint presentation that discussed the status of e-DEP.  Electronic submittals by LSPs/PRPs have increased dramatically, spurred in part by the mandatory electronic submittal of RMR forms. LSPs and their clients who may still have problems making submittals through e-DEP should contact Paul to discuss alternatives.  Paper copies are not required for documents filed electronically, but if paper submittals are made, make sure the printing is double-sided.  MassDEP also prefers that electronic submittals be in pdf format because it retains the intended look/format, although other formats (Word, Excel, etc., see eDEP FAQ) are accepted.

The on-line file review system is under construction.  Eventually the public will be able to view site files from home, but the first step is to provide regional office service centers with computers dedicated to file review.  A beta version of the file viewer is being tested. 

The regional service centers have lists of all e-submittals.  Until the file viewer is available in the regional offices, copies of electronic submittals can be obtained by sending a request that includes the RTN and the document sought to bwsc.edep@state.ma.us  The regional office file viewers should be up and running in November.

The Supplemental MCP Amendments now at EEA include provisions that eliminate the need to submit hard copies of documents filed electronically. The regulations will also require the electronic filing of all submittals commencing January 1, 2009. 

BWSC's "Searchable Sites" database at http://db.state.ma.us/dep/cleanup/sites/search.asp now contains for each community a map button at the end of the sites roster that offers a visual image using different colors to depict the status of sites.  A discussion ensued regarding the best way to present this information, with various suggestions made, including creating a separate map that includes only closed sites, and not including closed sites on these maps at all due to concerns about stigma.

Download audio of E-DEP update from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-EdepUpdate
(mp3 audio file and other formats)

Air-Phase Petroleum Hydrocarbons Workgroup - Don Muldoon announced the formation of an APH workgroup.  The APH method was released as a draft method in February 2000 and has been relied upon since for 21E sites.  Workgroup tasks will include a review of "lessons learned" from use of the draft method, a review of changes in technology since the draft method was released, and finalizing the APH method with whatever changes are appropriate.  The group will also develop a companion document to be included in the Compendium of Analytical Methods (CAM), which will provide presumptive certainty for APH data derived using the CAM.

The first workgroup meeting will be held on Tuesday, November 13.  Six to eight laboratories that perform APH analyses will be invited to participate, and any other interested stakeholders are welcome to participate in what will be highly technical discussions.  MassDEP plans to finalize the APH method and publish the results of the workgroup sometime late in 2008. 

Download audio of APH Method Workgroup update from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-AphMethodWorkgroup
(mp3 audio file and other formats

Break

Indoor Air Workgroup Update - Ken Marra summarized the status of the workgroup (handout) http://mass.gov/dep/cleanup/iawg.htm.  The Workgroup's task is to identify the best datasets to be used by MassDEP in developing typical indoor air chemical concentrations in residences not impacted by a 21E release.  Screening criteria developed by the workgroup reduced from more than 100 to 7 the number of datasets to be used in developing typical indoor air concentrations.

MassDEP plans to publish a list of upper percentile values within the range of typical indoor air concentrations for a variety of chemicals, and also to develop guidance on how these values can be used for MCP purposes.

Considerable discussion ensued about the relationship between the upper percentile values and indoor air "background."  There was concern that the change in terminology is an indication that MassDEP is eliminating the option to demonstrate that observed indoor air levels are "background" and thus pose No Significant Risk.  DEP explained that comparison to the upper percentile levels may be a part of such a demonstration, in the context of other site information supporting such a conclusion. 

MassDEP staff agreed that written guidance needs to be provided on the rationale behind and appropriate application of upper percentile values.  Guidance addressing these issues is currently under development and will be made available in the next few months/at the time that the values are published.

Download audio of Indoor Air Workgroup update from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-IndoorAirWorkgroup
(mp3 audio file and other formats)

Representativeness Evaluations and Data Usability Assessment Final Policy - Liz Callahan led a discussion of the policy (handout), which was issued as a final policy on September 19, 2007.  

The Representativeness Evaluation and Data Usability Assessment requirement was included in the April 2006 MCP amendments to support the validity of analytical and other data used to support an RAO.  The policy is a framework of issues that should be evaluated and articulated in an RAO, rather than a prescriptive approach. The appendix to the policy includes optional worksheets that can be used as a tool for organizing information. The next steps are to develop case studies to demonstrate the scope and appropriate level of detail for submittals, and to provide training in the near future. 

Download audio of Representativeness Evaluations and Data Usability Assessment Final Policy from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-DataUsability
(mp3 audio file and other formats)

BWSC Program Updates -  

EPH/VPH sediment benchmarks - Nancy Bettinger (ORS) discussed the Battelle toxicity study, which has been completed and will be placed on the MassDEP website as a resource for Method 3 risk assessors.  The final version includes DEP methodology-based fractions.

Q&A - Jeff Mickelson discussed the status of the pending Q&A, which BWSC is close to finalizing.  The Q&A includes 37 questions covering e-DEP, risk characterization, public involvement, remedial monitoring reports, DPS, post-RAO requirements, transmittal forms, groundwater issues, and AULs.  The LSPA Technical Practices committee is reviewing the document.  The LSPA's Loss Prevention Committee also submitted proposed questions and answers for a number of issues, which will be covered in a future Q&A.  MassDEP intends to publish a Q&A every six months. 

Hearings on revisions to the Administrative Penalty regulations  - Scheduled for 9/28, 10/3 and 10/4.  The LSPA will be submitting comments on the proposed revisions.

Asbestos in soil - Workgroup will meet on October 11.  Commissioner Burt will be briefed.

Download audio of Program Updates from Archive.org

http://www.archive.org/details/MassdepBwscacSept.272007-ProgramUpdates
(mp3 audio file and other formats)

Handouts/presentations

Air-Phase Petroleum Hydrocarbons (APH Method) Workgroup Announcement

Web page

eDEP

MS Powerpoint 1.6 MB | PDF 1.7 MB

Indoor Air Workgroup-Update

MS Powerpoint 58 KB | PDF 35 KB

Representativeness Evaluations & Data Usability Assessment Policy

MS Powerpoint 29 kB | PDF 20 kB