Highlights & Updates 

Members present:  Larry Feldman, Susan Chapnick, Wendy Heiger-Bernays, Ileen Gladstone, Steve Dodge, Jeff Porter, Ray Leather, Kerry Tull, and Janine Commerford.  Fifty people signed the sign-in sheet.

Welcome and Program Updates - Assistant Commissioner Janine Commerford welcomed the group and reviewed the agenda.  Updates included:

* Sustainability discussion - Postponed to the next meeting

* Budget - as of now, seems that BWSC is okay for remainder of FY 2009

* Economic Stimulus funds - May get money to continue cleanups at Superfund sites; LUST money is available, but limitations on its use are still being worked out; specifics will be placed on MassDEP's website

* eDEP status - Reasonably smooth transition to mandatory electronic submittals; scanning of regional BWSC legacy paper files expected to be completed late this summer. By January 2010 all files should be viewable online; paper copies of documents that must be retained will be stored at off-site locations

* Fee regulations status - MassDEP fee reg package is out for public comment; includes a new BWSC ACF fee category, with a $100 fee, for those who have demonstrated financial inability during the applicable fee year.  Under the current fee regs, a PRP who has demonstrated financial inability but performs some response actions is liable for the full ACF, which ranges from $1,000/year and up.  New regs expected to be in effect in July

* Marine Oil Spill Act amendments - Requires:

* MassDEP to provide state-licensed pilots for eligible double hull barges transiting Buzzards Bay that request pilots; pilot program is in place as of March 1

* eligible vessels to notify MassDEP 24 hours or more before they transit Buzzards Bay in order to avoid triple penalties in the event they cause oil spill in Buzzards Bay; notification system is in place as of March 1, and 3) MassDEP to contract for rescue tugs to accompany eligible vessels as they transit Buzzards Bay; procurement did not result in a contract.  See http://www.mass.gov/dep/cleanup/laws/buzfs.htm for Buzzards Bay Vessel Notification & State-Funded Marine Pilot Program Fact Sheet

* The next SAC meeting is scheduled for May 28

Download of audio of SAC Welcome and Opening Remarks
http://www.archive.org/details/MassDEP_BWSC_Advisory_Committee_Meeting_03262009 from Archive.org
(mp3 audio file and other formats)

ROS Q&A Discussion - Liz discussed the ROS handout.  The proposal would remove the reference to a 10-year timeframe for remedies suitable for ROS in Question 2 of the February 2009 Q&A, substituting instead wording that is consistent with MassDEP's original intent of ROS as suitable for ongoing operation of remedies that meet the ROS performance standards and make progress toward a Permanent Solution. Comments on the revised Q&A are due April 24.

In response to a question on the postponed Sustainable Remediation discussion, Liz stated that the discussion is not time sensitive and that the presentation, rescheduled for the next SAC meeting, is focused on identifying ways to promote consideration of sustainable remedies. 

Download of audio of ROS Q&A Discussion             http://www.archive.org/details/MassDEP_BWSC_Advisory_Committee_Meeting_03262009 from Archive.org
 (mp3 audio file and other formats)

LNAPL Work Group Update - Ken Marra used a PowerPoint presentation to summarize the December Work Group meeting, comments received since then, and the issues the work group participants need to focus on. Risk characterization issues will be a primary topic of the upcoming April 27 Work Group meeting.

Download of audio of the LNAPL Work Group Update                http://www.archive.org/details/MassDEP_BWSC_Advisory_Committee_Meeting_03262009  from Archive.org
(mp3 audio file and other formats)

Significant Figures/Expressing Precision Discussion Draft - Paul Locke discussed the second draft document that was sent to everyone on BWSC's emailing list with the notice announcing the meeting.  Meetings since the first draft document was presented in September 2008 with MassDEP and external commenters have helped BWSC frame the question more coherently.  The seemingly simple question of the appropriate number of significant figures to use in an MCP risk characterization is now addressed in the larger context of how the regulations address precision and uncertainty in measured and estimated values.  MassDEP has proposed a presumptive certainty approach of expressing risk estimates and Exposure Point Concentrations with two digits and discusses the use of one significant figure where appropriate, documented and conservatively rounded.  When using Method 3, 1 significant figure is in the majority of cases most likely acceptable, but a risk assessor should confirm it.  For Methods 1 and 2, the number of significant figures may be justified on a case-by-case basis, with the final number rounded upward.  Comments are due to Paul Locke (Paul.Locke@state.ma.us) by April 24.

Download of audio of Significant Figures/Expressing Precision Discussion Draft         http://www.archive.org/details/MassDEP_BWSC_Advisory_Committee_Meeting_03262009 from Archive.org
(mp3 audio file and other formats)

Indoor Air Work Group - Gerard Martin (SERO and Work Group chair) discussed the group's structure (3 subgroups) and schedule:

* regulatory framework work group -  chaired by Cathy Wanat (WERO)

* assessment work group - chaired by Andy Friedman (NERO)

* mitigation work group - chaired by Phil Doherty (CERO)

The first full group meeting was in December (including 44 external and 15 MassDEP members).  The second full group meeting is scheduled for March 30.  The subgroups meet monthly.  The goal is to have a draft guidance document by June and finish by December 2009.

The group has a blog - http://indoorairproject.wordpress.com - that contains meeting notes and the guidance outline.  Interested persons can join the group's email list by contacting Gerard at gerard.martin@state.ma.us.

Gerard discussed the issues the regulatory framework and mitigation subgroups are tackling.  Andy Friedman covered those for the assessment subgroup.

The next mitigation subgroup meeting is in Worcester on April 7; the regulatory framework and assessment sub groups are meeting in Boston on April 9.

Download of audio of Indoor Air Work Group Update         http://www.archive.org/details/MassDEP_BWSC_Advisory_Committee_Meeting_03262009 from Archive.org
(mp3 audio file and other formats)

CAM Work Group Update - Liz Callahan mentioned that the group has several subgroups: organic and inorganic (to address appropriate methods), administrative (to clarify presumptive certainty protocols), and APH/TO15 (to develop QC requirements for the air methods).  The next meeting of the full work group is scheduled for April 15 in Worcester.

Download of audio of CAM Work Group Update http://www.archive.org/details/MassDEP_BWSC_Advisory_Committee_Meeting_03262009 from Archive.org
(mp3 audio file and other formats)

Handouts/Overheads

Proposed Revision to ROS Question in February 2009 MCP Q&A

MS Word  30 KB | PDF 81 KB

Overheads: LNAPL Workgroup

MS Powerpoint 407 KB | PDF 330 KB

Overheads: Significant Figures, etc...

MS Powerpoint 858 KB | PDF 108 KB

Draft: Expressing the Precision of Exposure Point Concentrations and Risk Estimates in MCP Risk Characterizations

MS Word  68 KB | PDF 44 KB