Waste Site Cleanup Advisory Committee Meeting: May 28, 2009
Highlights & Updates
Members present: Susan Chapnick, Ileen Gladstone, Steve Dodge, Jeff Porter, Ray Leather, Jim Young for Kerry Tull, Michelle O'Brien, and Janine Commerford. Forty-four people signed the sign-in sheet.
Welcome and Program Updates - Assistant Commissioner Janine Commerford welcomed the group and reviewed the agenda. Updates included:
NJ's LSRP Act is in effect. Phil Brilliant, a NJ-based consultant to the state, was present to see how BWSC's Advisory Committee works
Janine requested a moment of silence in remembrance of Jeff Hardin, a committee member who recently passed on.
Budget - for FY 2010 deliberations, so far BWSC is down $800,000; at this point we are cautiously optimistic regarding avoiding lay-offs, but the budget process is far from over.
Economic Stimulus funds - $3.5 million of LUST money is on its way but constraints (like very stringent cost recovery requirements) limit the sites on which it can be used. Half must be obligated in 18 months
Training - current and future:
Monthly audit training began in Boston and NERO; the same course will be presented for a year
SERO hosted a regional technical night on 5/27; more are being scheduled
CAM training will be offered this fall at the Umass Amherst Soils Conference
Remediation waste training may get off the ground this fall; would be sponsored jointly with BWP
eDEP status:
As of January 2009, 90 percent of submittals are arriving via eDEP. To help correctly route those that do not, a new form has been developed that should be submitted along with the non-eDEP submittals. Copies of the form were distributed at the meeting.
The scanning project (of all regional paper BWSC site files) should be completed this fall. The electronic file viewer enhancement needed to make these files available online is expected to be completed this summer. Scanned files will be uploaded in batches starting later this summer, with all files expected to be available online by January 2010. One added benefit of this process is that we expect a number of "missing" (mis-filed) hard copy documents to reappear.
Overview of New Jersey's Privatized Program - Duff Collins, a member of LSPA who actively worked with NJ consultants and legislators as they developed and finalized their new program, discussed the highlights of the new program. Establishes an LSRP board (interim licensing begins in November - no reciprocity with MA), mandatory cleanup timeframes, three levels of NJDEP involvement, financial assurance provisions, and LSRP Association (http://www.state.nj.us/dep/srp/stakeholders/sr_reform20090511.pdf)
Significant Figures/Expressing Precision Discussion on final Technical Update - Paul Locke discussed comments submitted on the second draft and highlights of the final document (link to overheads) . One comment that led to further discussion was the stated perception that BWSC was becoming more and more conservative in policies and regulations despite the MCP already incorporating a conservative bias. Some members requested a broader-based discussion of this issue; such a discussion could be useful when we propose the next round of MCP regulation changes (perhaps sometime in 2010.)
No major changes were made from the second draft to the final technical update
Promoting Sustainable Remediation - Rose Knox explained BWSC's goal of promoting Sustainable Remediation throughout its program (link to overheads). Highlights include:
No requirements are being adopted beyond those within the existing MCP framework
Sustainability is defined as the balance between economic, environmental, and social goals
Several initiatives are in progress under the EEA umbrella and five of those initiatives were highlighted. Links to additional information on these initiatives are provided below:
BWSC efforts at NPL sites include evaluating energy efficient alternatives to optimize remedial systems operating at Baird and McGuire, Silresim, and the Charles George Landfill
Sustainable Remediation is defined as implementing a new remedy or optimizing an existing remedy that: reduces greenhouse gas emissions, and impacts to land, water and ecosystems; minimizes waste generation; and, in many cases, reduces cost
As written, the MCP is flexible enough to include Sustainable Remediation; however MCP Performance Standards must still be achieved
MassDEP is coordinating with EPA, IRTC, ASTWMO, NEWMOA, ASTM, and SURF to educate and promote Sustainable Remediation
MassDEP's most useful role is to serve as a clearinghouse to distribute (and receive feedback on) sustainable remediation issues
BWSC will establish a webpage with appropriate links and possibly conduct workshops to discuss technologies
This presentation prompted a discussion about the need to complete the work of the urban fill workgroup and coordinate with BWP on the BUD process. Both issues directly impact whether LSPs can reuse on-site media.
Fee Regulation Changes Update - Kristin LaCroix described the background of the fees program (link to overheads) and the issues that bear on the two changes to the fee regulations (effective the end of July) that pertain to PRPs:
Creates a $100 annual compliance fee category for PRPs with financial, legal, or technical inability status
Expands annual compliance fees to include the universe of PRPs that have not taken timely steps to cleanup their sites
BWSC no longer has a billing backlog. In FY 2009 we anticipate invoicing 3100 parties for approximately $5.5 million in annual compliance fees
Transfer/Transition of UST Program to MassDEP - Paul Locke stated that certain parts of the Department of Fire Safety program dealing with USTs is moving to BWP on July 1 (link to overheads). The associated DFS forms, which are noted in the handout, will still be in effect. Tom Denormandie (thomas.denormandie@state.ma.us) (617-292-5763) will be in charge of the program. The LUST program remains with BWSC.
Questions about the program can be directed to BWP staff at 617-556-1035 ext. #2 after July 1.
Indoor Air Workgroup - Gerard Martin, workgroup chair, discussed Data Day (May 4), highlights of the 3 sub-workgroup meetings, and the blog (link to overheads).
Data Day: No data sets outside of MassDEP's were submitted. MassDEP provided results from 35 Massachusetts sites, Andy Friedmann provided an overview of modeling, and Robbie Ettinger (co-author of the Johnson & Ettinger model) discussed lessons learned from 2 studies. MassDEP indicated that data that demonstrated the predictability of modeling could be submitted to the blog at any time.
MassDEP stated that it recognizes that models can be valuable in certain circumstances: where data cannot be collected (access issues), when there are also sources in the building, to target/prioritize sampling, to document that you sampled enough, to assist in interpreting indoor air sampling results, to estimate future exposures and determine remedial goals. The MassDEP also indicated that simpler empirical models (an attenuation factor for sub-slab soil gas concentrations) may be more useful than complex mathematical models. We have requested (but may or may not actually receive) an intern to plumb our files for additional data.
The sub-workgroups meet next week, while the entire workgroup gathers on 6/18 in Boston. MassDEP will continue development of the draft guidance document over the summer. Sections will be added to the Indoor Air Workgroup blog as completed.
To improve ease of use, the Indoor Air Workgroup blog will be "cleaned up" by removing earlier versions of draft language, and reorganized to improve ease of use. Draft guidance language posted on the blog has changed substantially many times already and will continue to be revised; it is not current guidance or policy.
AUL Workgroup - Peggy Shaw, workgroup chair, stated that the internal workgroup would meet next week to continue discussions related to updating the AUL guidance document. After meeting internally a couple more times, BWSC anticipates that a draft document will be ready for outside comment and discussion, and that an external workgroup would convene in the fall (link to overheads).
Compendium of Analytical Methods Workgroup - Liz Callahan stated that the workgroup, chaired by Don Muldoon, and its subcommittees have been meeting frequently since December 2008 and have a dozen work products in draft form. The draft QA/QC Requirements and Performance Standards for SW-846 Method 8260B, Volatile Organics by GC/MS are currently posted at: http://www.mass.gov/dep/cleanup/laws/camwkpr.htm and comments are still welcome (link to overheads)
LNAPL Workgroup - Liz Callahan indicated that the group, chaired by Ken Marra, has met twice and will again on June 15th at 1:00 pm in MassDEP's Boston office to discuss technical approaches for determining the practical limits of mobility and the definition of LNAPL (link to overheads).
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