Thursday, October 1, 2009
9:30 am
MassDEP Boston
One Winter Street Boston
2nd Floor Conference Rooms

Highlights & Updates

Members present:  Jessica Cajigas, Carl Shapiro, Larry Feldman, Susan Chapnick, Jeff Porter, Ileen Gladstone, Steve Dodge, Wendy Heiger-Bernays, Michelle O'Brien, David Begelfer, and Janine Commerford.  Forty-seven people signed the sign-in sheet.

Welcome and Program Updates - Assistant Commissioner Janine Commerford welcomed the group and introduced two new committee members:  Carl Shapiro, past president of the LSPA, and Jessica Cajigas, Environmental Compliance Manager for the Westford Water Department.  Updates included:

• Budget - Because of the decline in state revenue, MassDEP issued layoff notices to about 30 people in September.  Between layoffs and early retirement, BWSC Boston is losing 8 staff (10% decrease)
  
  Alan Fierce, Executive Director of the LSP Board, is among those who opted for early retirement; Terry Wood, the General Counsel, will assume the role of Executive Director in the interim.
  
  
• Nanotechnology - The field is minimally regulated.  MassDEP's Office of Research and Standards has been reviewing research studies on the effectiveness of in situ nanoremediation. Studies indicate that nanoremedation appears to have a promising potential for site remediation.  However, concerns have been raised about the potential adverse environmental and public health impacts, which have not been fully studied.  This fall, BWSC and ORS will continue to conduct research and deliberate on the strengths and limitations of nanoremediation. This work will allow us to make future decisions about using nanoremediation at sites in MA and/or to develop guidance for its use including any needed precautions. We plan to discuss this issue with external nano-practitioners and researchers and will update the SAC on our progress.
  
  Stakeholders interested in discussing how they now use nanotechnologies and those with interest in shaping policies for the future should contact Carol Rowan West (head of the Office of Research and Standards) carol.rowan.west@state.ma.us) or Janine (janine.commerford@state.ma.us) to be included in a group to be convened this fall to discuss their experiences.
  
  
• Economic Stimulus funds - $3.5 million in LUST money, dispersed in August, has aggressive timeframes, with rigorous oversight and reporting requirements.  Financial audits are anticipated.  Questions about funding and projects may be addressed to Kristin LaCroix (kristin.lacroix@state.ma.us)

Download of audio of SAC Welcome and Opening Remarks
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeOctober012009  from Archive.org
(mp3 audio file and other formats)

FY 2010 Operational Priorities -(Link to Overheads):

• eDEP is beginning to yield cost savings.  All existing documents will be scanned by the end of FY 2010. 
  
• Paul encouraged LSPs to review the June 2009 fee regulations that eliminate the old requirement to submit copies of fee checks - another step to prevent them from being included in the electronic public record.
  
  
• The searchable site list will soon provide access to both the material submitted electronically and documents that were scanned. The documents from the two different sources will be on separate tabs on the search results page.
  
  
• Backup hard copy files are retained according to MassDEP protocols (may be stored on or off site); the file viewer attaches an RTN to all material that pertains to that site, so documents that had been "missing" or misfiled are now re-emerging in the BWSC efile universe.
  
  
• BWSC's system and protocol were developed to accommodate the development of electronic access to the records of other DEP programs; the long term plan is that all bureaus records will be available electronically.
  
  
• MassDEP staff-generated documents that are in the files are also being scanned.  Not sure yet how material staff creates in the future will be added to the electronic database.
  
  
• Training - current and future:
  
• Audit training will be offered monthly over the course of a year using just one presentation and set of case studies. 
  
  
• Internal remediation waste training, sponsored jointly with BWP, begins in October; LSP training on remediation waste will begin in December.
  
  
• CAM training will be offered at the UMass Amherst Soils Conference.
  
  
• PCE Initiative - Status of the ongoing review of PCE sites RAO'd prior to the 2006 change in the PCE GW-2 standard   
  
  
• About 400 sites were screened and 91 selected for audit.  One-third required no further action.  A question was asked about how many of the sites that were audited had temporary closures.  Answer:  This PCE initiative focused on Class A & B RAOs (permanent closures) rather than temporary solutions, although a few (less than 5) may have been included early in the screening process.  Please note, however that BWSC also conducts its regular audit program that might well review RAO C sites in the normal course of business, resulting in "non-initiative" audits.
  
  
• LSPA is evaluating another round of MassDEP's site audits, so they ask that LSPs be extra careful in filling out Form 111 (Audit Follow-up Plan submittal). 
  
  
• Paul is working with ASTSWMO on long-term stewardship issues (sites with continuing obligations such as O&M and/or AULs).  MassDEP is concerned that owners of sites with AULs may forget/not be aware of the stipulations and therefore fail to uphold them.

Download of audio of FY 2010 Operation Priorities
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeOctober012009 from Archive.org
(mp3 audio file and other formats)

AUL Compliance Assistance Letter - Liz Callahan discussed the draft letter (Link to AUL Compliance Assistance Letter).  BWSC intends to send it to the owners of the more than 1800 sites with AULs to remind them of the requirements of an AUL.  MassDEP anticipates sending the letter will also serve to confirm the names of current owners. The letters will be sent annually; in future years, site-specific information could be included.  Liz welcomes comments; either email her at elizabeth.j.callahan@state.ma.us or hand her a marked-up copy after the meeting.

Download of audio of AUL Compliance Assistance Letter
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeOctober012009 from Archive.org
(mp3 audio file and other formats)

BREAK

FY 2010 Policy Priorities/Updates - Liz stated that the issues BWSC will focus on over the next year are being addressed by workgroups for Indoor Air, LNAPL, CAM, AUL, and Remedial Alternatives.  Remedial Alternatives is still an internal effort (an external workgroup will be formed once MassDEP has resolved internal issues) but the webpage should be available in November.  An additional priority for this time period is updating all BWSC documents to ensure they are current and consistent with our other publications.  (Link to FY10 Guidance Development Priorities)

• Gerard Martin chairs the Indoor Air (vapor intrusion) Workgroup, which met between December and May.  Over the summer MassDEP staff met to review comments, further develop drafts, and identify areas of consensus.  Comments received can be viewed on the blog (http://indoorairproject.wordpress.com).  Workgroup meetings are to resume after MassDEP concludes briefings with Commissioner Burt.  Workgroup members will receive an email notice of the next meeting.  The plan is to prepare a second public comment draft for review in December.  Gerard suggested that LSPs with questions on how to proceed on specific sites during the period that the guidance is under development should contact the BWSC Deputy Regional Director for the region in which the site is located.
  
  
• Ken Marra chairs the Light Non-Aqueous Phase Liquid Workgroup.  Ken outlined areas of workgroup consensus and remaining issues for discussion including mobility determinations and addressing exposure/redevelopment concerns related to LNAPL left behind.  The next meeting is scheduled for November 23, at 1pm, MassDEP Boston.  Email comments to Ken (kendall.marra@state.ma.us); he expects the work to be completed within a year.
  
  
• Don Muldoon chairs the Compendium of Analytical Methods (CAM) that has met six times since January.  They are reviewing existing CAM documents to ensure consistency among them and developing new protocols for APH, TO-15, and perchlorate.  The next meeting is on December 15, with an expectation that the effort will finish by the end of this year.  Several review drafts will be posted on the workgroup webpage http://www.mass.gov/dep/cleanup/camwg.htm beginning in October.  Training for LSPs will be held October 20 at the UMass Soils Conference and in January 2010 for the laboratory community.
  
  
• Peggy Shaw chairs the AUL Workgroup, whose task is to update the existing AUL guidance to reflect changes contained in the 1999 and 2006 MCP revisions, and revise it based on 10 years of on-the-ground experience.  Persons interested in joining the workgroup should contact Peggy at Margaret.shaw@state.ma.us.  The first meeting will be held later this fall.
  
  
• Paul Locke stated that the asbestos in soil effort is on hold awaiting answers from EPA.   BWSC does not anticipate that this will be resolved soon.
  
  Regarding Historic Fill policy development, Paul Locke indicated that BWSC is working with BWP on a range of issues related to managing and moving dirt and the applicable regulations.  He will be meeting with BWP senior staff on October 13 to help move internal coordination forward.

Download of audio of FY 2010 Policy Priorities/Updates
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeOctober012009 from Archive.org
(mp3 audio file and other formats)

Stakeholders whose names are included on the BWSC mailing list will receive a notice informing them of the date of the next Advisory Committee meeting.

Handouts/Overheads

FY2010 Operational Priorities

MS PowerPont 2.7 MB | PDF 1 MB

Draft AUL Compliance Assistance Letter

MS Word 39 KB | PDF 23 KB

FY2010 Guidance Development Priorities

MS PowerPont 911 KB | PDF 404 KB