Thursday, December 17, 2009
9:30 am
MassDEP Boston
One Winter Street Boston
2nd Floor Conference Rooms

Highlights & Updates

Members present:  Carl Shapiro, Susan Chapnick, Ileen Gladstone, Steve Dodge, Wendy Heiger-Bernays, Michelle O'Brien, Ray Leather, and Janine Commerford.  Forty-five people signed the sign-in sheet.

Welcome and Program Updates - Assistant Commissioner Janine Commerford welcomed the group, provided program updates and shared a list of notable BWSC/LSP/21e 2009 program accomplishments.

• 2009 accomplishments:
• eDEP - All submittals were required to be submitted electronically as of January 1, 2009.  Approximately 90% of the ~15,000 submittals now arrive via eDEP.  About 75% of all paper files have been scanned
• Tier 1D non-responder initiative - of these difficult cases, about 50% are now in compliance - an excellent result
• PCE initiative - After the GW2 standard was lowered to 50 ug/l in 2006, MassDEP began a review of  sites where an RAO had been previously submitted based on the old standard of 3,000 ug/l. Of 600 sites screened, 93 were identified for L3 audits and 90% of these L3 audits have been completed: 30% are okay and 70% will need some kind of follow-up (approximately 10% of the 600 sites originally screened).  Janine will write an article for the LSPA Newsletter once the initiative has concluded.
• Training - several regional office technical events were held; new format Audit Case Study trainings were offered; and new Remediation Waste and CAM training are ongoing (the LSPA videotaped the CAM training and the next LSPA monthly meeting will feature a CAM discussion)
• Emergency Response/Preparedness 
• Spills of National Significance exercise  - Janine and the ER program are  very involved in planning for and participating in a 2-day table-top exercise utilizing Incident Command to deal with a scenario involving 2 million gallons of crude oil that is released in the Portland, ME area, with currents  bringing it to MA beaches 2 days later (the beginning of the exercise)
• Rumney Marsh - A 10,000 gallon release of #2 fuel was almost fully recovered because of good coordination and training as well as an incoming tide
• Oil Spill Act implementation - completed distribution of fully equipped trailers to deal with oil spills for the 90 coastal communities in the state
• ARRA funding - Used EPA money to address old LUST sites and some (brownfield) municipal sites;  Will solicit municipal nominations in January
• Martha's Vineyard UXO - A MassDEP contractor removed 500 pieces of ordnance this spring and fall from a formerly used defense site
• Staff/budget outlook - Two rounds of layoffs have occurred this fiscal year; a third may be necessary.  FY2011 may also be a challenge.  Anticipate legislation action to amend some MassDEP programs 
• Indoor Air guidance - Hope to have last internal meeting tomorrow, with a draft ready for external release in January.  Draft CAM methods are out for comment and BWSC will ensure that they mesh with the final indoor air guidance
• Kevin Kiernan, an attorney in our Southeast office has been battling cancer.  Please keep him in your thoughts.

Download of audio of SAC Welcome and Opening Remarks from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

eDEP Progress Report -  Paul Locke reported on the status of several efforts:

• Hundreds of MassDEP photos of site activities, including those funded by ARRA, are now available for view to help convey "what we do"  on Flickr.  Paul will add a link (http://www.flickr.com/photos/massdep/collections/) to that location from the MassDEP website. 
• The file scanning project will save $800K in file storage costs .  Paul demonstrated the online file lookup capability.  All files, except those that are enforcement sensitive or contain financial information, should be loaded by the end of the fiscal year. Paul reminded people that they should not be submitting checks through eDEP.  The program rollout will take about 6 months, assuming the IT staff isn't affected by budget cuts
• Anyone who wishes to help BWSC figure out how best to switch bills of lading submittals to an electronic format should indicate their interest on the sign-up sheet or email bwsc.edep@state.ma.us 

Download of audio of eDEP Progress Report from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

RCRA "Contained In" Rule update - RCRA requires that any listed hazardous waste that winds up in soil or groundwater, regardless of its concentration, must be managed as a hazardous waste or have a "contained in" determination by EPA (or delegated state agency) that it is no longer a hazardous waste.  Since 21e became a semi-privatized program, LSPs have been able to make those determinations directly pursuant to MassDEP policy and an MCP Q&A.  Recent discussion with EPA has confirmed that the program can continue to rely on LSP's making such contained in determinations.  MassDEP is reissuing and updating the existing Q&A on this topic to make it explicit that LSPs must submit documentation supporting their decision.  Paul will coordinate with Maria Pinaud of BWP (which implements the EPA-authorized program) and the new Q&A should be updated within 2 to 3 months.

The next Remediation Waste class is February 4; another CAM training will be held at a date TBD. 

Liz Callahan indicated that BWSC Q&As will be reviewed over the next year to update regulatory and policy references. 

Download of audio of RCRA "Contained In" Rule update from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

Homeowner Heating Safety Law update - Liz Callahan discussed the draft (handout) fact sheet that MassDEP will be distributing describing the new homeowner heating safety law.  Liz reviewed the history of the effort led by Chris Davis to pass legislation that expands insurance coverage for homeowners who install leak protection devices.  Chapter 453 of the Acts of 2008 requires homeowners who heat with oil to install one of two leak protection devices by July 1, 2010.  By that date, it also requires insurance companies that write homeowner policies to offer first and third party insurance coverage to those who have installed either device.  Purchase of the insurance coverage is optional.

The fact sheet will be finalized in January, providing a 6-month lead time to reach the target audience.  Suggested edits should be left with Liz today or sent to her (Elizabeth.j.callahan@state.ma.us) no later than COB December 24.  BWSC would also welcome recommendations about effective ways to get this information to homeowners who heat with oil.   Over 900,000 Massachusetts homes heat with oil; it is estimated that more than 100,000 homes currently lack a leak protection device and would be subject to the upgrade requirements.

Download of audio of Homeowner Heating Safety Law update from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

AUL Compliance Letter - MassDEP will be sending out its first batch of AUL Compliance letters this month.  The AUL Compliance Letter is a reminder to owners of property where an AUL has been recorded of the existence of the AUL and related AUL requirements under 21E and the MCP.   The AUL Compliance Letter also provides instructions on how to notify MassDEP if the letter recipient is no longer the owner of the property.  The first 100 letters will be sent by the end of the month, with the rest posted within the next three months.  BWSC will create a webpage that includes the body of the letter and contains a form on which letter recipients can respond with updated property ownership information.

Download of audio of AUL Compliance Letter from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

AUL Guidance update - Liz indicated that progress is being made through internal discussions: it is an agenda item at the senior staff meeting in January.  BWSC will then meet with external stakeholders and expect to present it at the next SAC meeting.
 
Download of audio of AUL Guidance update from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

UST Program Transition - Maria Pinaud, formerly a BWSC staffer, now in BWP, is overseeing the implementation of the UST Program, which was transferred to MassDEP from the Department of Fire Services (DFS) as of July 1, 2009.  The regulatory universe consists of more than 5,000 facilities with approximately 14,000 registered USTs.  The transfer of implementation responsibilities includes scanning historic records from DFS, creating electronic data systems, verifying credentials for third-party inspectors eligible to conduct UST system inspections in Massachusetts, and program capacity building.  Compliance assessment inspections are being conducted to guide MassDEP in the continued development of the program. The UST Program is operating under DFS' regulations until MassDEP promulgates its own.  The program's website can be viewed at http://www.mass.gov/dep/toxics/ust/index.htm.  Maria's staff will establish an external workgroup to assist in these efforts.

Download of audio of UST Program Transition from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)
     
LNAPL Workgroup update - Ken Marra, who chairs the Light Non-Aqueous Phase Liquid Workgroup, provided his update with a brief PowerPoint presentation (link to Workgroup Update presentation,  link to Flowchart).  After covering a variety of discrete topics over the last year, the group is now focusing on "Implementation" and developing a path through the MCP process leading to a Permanent Solution for sites, even with 1/2 inch or more of LNAPL.  At the last workgroup meeting, a MassDEP auditor offered his perspective on LNAPL sites and closure issues.  Specific criteria regarding risk, feasibility, source control, AULs, and liability need further clarification and/or development covering a wider scope than is contained in the LSPA White Papers.  The workgroup webpage:  http://www.mass.gov/dep/cleanup/lnaplwg.htm.  Ken (Kendall.marra@state.ma.us) welcomes comments on anything/everything heard in the meetings or seen on the web site.
 
Download of audio of  LNAPL Workgroup update from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009
(mp3 audio file and other formats)

Sustainable Remediation webpage - Rose Knox discussed the components of the topic's webpage http://www.mass.gov/dep/cleanup/priorities/susrem.htm, emphasizing that sustainable remediation is not a new regulatory requirement.  The site currently features 3 case studies (Baird and McGuire energy efficiency study; Brockton's Brightfields project, and the optimization activities for MMR groundwater cleanup program); BWSC is actively soliciting information on more case studies.  The goal is to have this page be used as a clearinghouse for all sustainable remediation information under the commonwealth's waste site cleanup program.

Download of audio of Sustainable Remediation webpage from Archive.org
http://www.archive.org/details/MassdepWasteSiteCleanupAdvisoryCommitteeMeeting-Dec192009 (mp3 audio file and other formats)

Handouts/Overheads

Link to DEP Photos on Flickr

http://www.flickr.com/photos/massdep/collections/

LNAPL Workgroup update

MS Powerpoint 90 KB | PDF 20 KB

LNAPL Workgroup update-Flow Chart

MS Powerpoint 70 KB | PDF 23 KB