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Questions and Answsers from the 2008 MHOA Seminars
Emerging Contaminants
What is MassDEP doing about pharmaceuticals and personal care products (PPCPs) in the environment?
Pharmaceutical and Personal Care Products (PPCPs) include medicines, insect repellents, sunscreens, perfumes, soaps, fragrances, and lotions. These products, which can be found in any drug store, have the potential to enter the environment through domestic sewage and other sources. Some are endocrine disrupting compounds (or EDCs) and could possibly affect the system of glands that produces hormones that help control the body's metabolic activity and development. MassDEP has taken the following steps to begin addressing emerging contaminants, including PPCPs and EDCs:
- Established an Emerging Contaminants Work Group. The Work Group centralizes MassDEP's focus on emerging contaminants, fosters information exchange, and brings together a broad range of cross-program expertise.
- Initiated a collaborative research project with UMass - Amherst, EarthTech and the American Water Works Association Research Foundation on the effects of different treatment technologies on removing PPCPs and EDCs in source water from public water supplies. Researchers at UMass will introduce individual PPCPs and EDCs into samples of source waters and then treat the water with ozone, chlorine, or chloramines, which are chemicals typically used to disinfect public water supplies. Levels of the PPCPs and EDCs before and after treatment will be assessed. The research team will use bioassay techniques to assess endocrine disruptive activity. Any community or utility in Massachusetts or any other state can participate in this project by contributing funding at one of three levels: Gold ($12,000), Silver ($6,000) or Bronze ($3,000). Participating communities and utilities will receive analytical results from their raw and finished water samples, as well as information on the effectiveness of additional treatment on the finished water.
- MassDEP is also supporting a national research project sponsored by the U.S. Geological Survey (USGS), which will target water samples in the Merrimack River. In this study, USGS will take raw water samples this spring from the Merrimack and scan the samples for hundreds of different PPCPs. The study will also track PPCPs to determine their fate through the drinking water treatment process.
- Initiated discussions with state partners on pollution prevention programs. MassDEP is partnering with the Massachusetts Department of Public Health, the Massachusetts Water Resources Authority, and the Executive Office of Energy and Environmental Affairs to determine the best strategies to keep PPCPs and EDCs out of the environment.
- Remains committed to involving key stakeholders including the public. On June 5, 2008, MassDEP and MADPH convened a Summit on PPCPs in the Environment. Discussions centered on what kinds of strategies Massachusetts should pursue to address this issue of emerging concern. MassDEP and MADPH are planning a second, larger Summit for October 2008.
Much more information regarding PPCPs and EDCs can be found at MassDEP's website at the following link: http://mass.gov/dep/toxics/stypes/ppcpedc.htm.
There are some recent publications suggesting that there may be health effects of concern from even the exposure to low levels of fluoride found in public drinking water supplies added as part of fluoridation programs to support dental health care programs. Is MassDEP aware of these studies and if so, does this raise any questions about fluoridation programs?
MassDEP will be discussing this issue with the Massachusetts Department of Public Health (DPH) through a MassDEP/DPH Interagency Task Force that routinely meets to review and discuss any new or potentially evolving environmental and public health issues that may be of concern/interest to both agencies. An assessment will be made by the task force to determine if this issue merits further attention or is an issue that should stay on our "watch list." We will keep local Health Officials updated on any findings of substance. DPH is planning to post a Question and Answer document on their web page regarding health concerns related to fluoridation some time this June: http://www.mass.gov/dph/
The Centers for Disease Control and Prevention (CDC) has more information regarding the health effects of fluoridation: http://www.cdc.gov/fluoridation/
Renewable Energy and Green House Gases
How does MassDEP regulate geothermal heating systems (also known as ground source heat pump systems)?
A geothermal heat pump system is defined as an electrically powered system that utilizes energy in the form of the groundwater's relatively constant temperature to provide heating and cooling. A vertical closed-loop geothermal heat pump well is a well or borehole drilled to a specific depth either singly or in series where a continuous closed-loop of pipe is inserted from one well to another for the purpose of non-contact thermal energy transfer from a fluid in the loop to or from the earth. In an open-loop geothermal heat pump well, there is an actual withdrawal and discharge of water to the environment. Discharge can be either re-injected into a well or to surface water. Closed loop systems require an Underground Injection Control (UIC) registration from MassDEP. Open loop systems with design flows <15,000 gallons per day (gpd) would also require a UIC registration. More information, including forms, can be obtained at MassDEP's website at: http://www.mass.gov/dep/water/approvals/dwsforms.htm#uic. Open loop systems >15,000 gpd may require a Groundwater Discharge Permit. Information on these permits can be obtained at: http://www.mass.gov/dep/water/approvals/surffms.htm#groundwater. Depending on other impacts, other permits that may be required include Water Management Act, Notice of Intent, and the National Pollutant Discharge Elimination System (NPDES).
What about geothermal heating systems on private well water supplies?
MassDEP does not regulate private well water supplies; however, if a ground source heat pump system was installed on a private well, it would still need to be registered as an UIC Registration or Groundwater Discharge Permit as described in the answer above.
Should we be concerned over environmental issues and permitting of small-scale biodiesel production facilities?
Aside from site related impacts of noise, odors and truck traffic, many of the issues associated with these facilities have centered around the use of soy and methanol in biodiesel production. Soy raises the specter of the food versus fuel controversy and methanol has hazardous qualities that pose inherent risks for storage and use. MassDEP regulates methanol emissions and not the handling of the material. The food versus fuel issue is resonating with policy makers and is currently receiving closer scrutiny.
Although the following content is not officially endorsed by MassDEP, the Oregon Department of Environmental Quality has detailed information on biodiesel production on their website and may be a good resource for more information: http://www.deq.state.or.us/aq/diesel/biodiesel.htm.
Waste Management Issues
Where can municipal officials get more information on strategies that they can support locally to ensure C&D recycling and waste ban compliance by contractors and haulers?
More information on these topics is available on the MassDEP web site at http://www.mass.gov/dep/recycle/reduce/managing.htm. This includes a tool for calculating C&D recycling costs, a guide for architects and contractors, a sample recycling plan, sample bid specifications and other tools to plan for and implement C&D recycling. In addition, the California Integrated Waste Management Board has a useful web page with a summary of several local government C&D debris recycling ordinances. See http://www.ciwmb.ca.gov/ConDemo/SampleDocs/.
How can municipalities more effectively regulate private trash haulers servicing residents and/or businesses within their municipalities?
Municipalities have authority to regulate private haulers under M.G.L. Chapter 111, Section 31A. Many cities and towns in Massachusetts have adopted local ordinances that require trash haulers to provide recycling services to their customers. The key to making these ordinances effective is that they require both trash and recycling to be provided as part of integrated service at a single price. For more information, please contact Brooke Nash at 617-292-5984 or at brooke.nash@state.ma.us.
What do we tell people to do with compact fluorescent light bulbs (CFLs), which contain mercury?
Intact CFLs that have burned out or are no longer wanted should be recycled through Municipal & Commercial Drop-Off Locations for Mercury-Added Product Recycling available at: http://www.mass.gov/dep/toxics/stypes/cflrlocs.pdf. As of May 1, 2008, Massachusetts law prohibits disposal of products containing mercury, including CFLs, with household trash.
What do you do if you break a CFL?
MassDEP's guidelines on cleanup of broken CFLs are available at: http://www.mass.gov/dep/toxics/stypes/brkncfls.htm.
How will the new regulations governing disposal of sharps affect us?
DPH ban on disposal in trash expected to be effective July 2009. Nearly 90 drop-off locations statewide now and DPH plans to deploy additional collection kiosks. MassDEP advised DPH on management of collected sharps. More information regarding sharps disposal can be found at DPH's web page at the following link: DPH Web site
Private Wells
Is hydrofracturing wells a worthwhile endeavor?
Hydrofracturing almost always provides additional yield. For a homeowner the cost benefit may be difficult to determine. The cost can range between $1,000 and $1,700 and go up from there; but will usually result in increased yield. The cost question is - Should I drill deeper or hydrofrac? At some point it is difficult to keep drilling deeper because the cost of the pump and electric cable goes up due to higher gage wire and a bigger motor. There are usually site-specific considerations that would need to be considered. Hydrofracturing can also be done in single shot or multiple (zone) fracturing. Zone fracturing is more costly but also more effective. More information on hydrofracturing can be obtained from the New Hampshire Department of Environmental Services (NH DES) website at: http://des.nh.gov/organization/divisions/water/dwgb/wwb/faqs.htm.
How do you decommission a dug well?
MassDEP has guidance on drilled wells but not shallow. It is generally a good idea to remove all of the equipment. If there are tiles, remove the uppermost tile - take it out and back fill with clean compactable fill and compact the material to prevent settling of the area. More guidance regarding shallow dug wells is available from NH DES at the following link: http://des.nh.gov/organization/divisions/water/dwgb/wwb/index.htm.
Can local Boards of Health and Health Departments get access to a statewide database on private wells? Is this something available on line?
At this time, there is no statewide database to access private well information. The Department of Conservation and Recreation (DCR), which oversees the Well Drillers Program, can provide more information on this subject and can help track down existing well logs. Please contact Laurene Poland of DCR via e-mail at Laurene.Poland@State.MA.US or by calling 617-626-1409 for more information.
Title 5
Where can I get more information on training opportunities?
The New England Interstate Water Pollution Control Commission (NEIWPCC) maintains current information on training opportunities. For general Title 5 information, go to: http://www.neiwpcc.org/training/title5.asp. For the current list of training opportunities, go to: http://www.neiwpcc.org/training/training-docs/TCH_current.pdf. For the form to request contact hours for a specific course, go to: http://www.neiwpcc.org/training/training-docs/T5TCHeval.pdf.
Why can't a regulatory floodway be allowed for nitrogen credit land whereas wetlands are allowed?
Regulatory floodways are similar to land under water and cannot be used as acceptable nitrogen credit land. Regulatory floodways and lands under water are specifically prohibited to be used for nitrogen credit. The reasoning behind this is that land under water or in a floodway would/could not be developed, so using that land would not compensate for or reduce nitrogen loading in that area or zone. Under certain situations, a wetland could be developed and create a nitrogen loadable property, so it was determined that wetlands can be credited. In addition, there could be some nitrogen uptake in a wetland.
Why does MassDEP allow the use of land aggregation for small single-family lots with a private well on-site? Isn't it true that for most small home lots, allowing more land to be used in the nitrogen averaging calculations won't change the actual exposure potential to the well from the Title 5 system?
These areas typically have more than one private well, so the intent is to limit the nitrogen loading to that private well area and to also review well versus water supply locations. If the facility is in a private well area, non-facility credit land must be:
- within the subdivision site for a residential subdivision (simplifies credit as adjacent to the individual facility lots in the subdivision);
- adjacent to the facility land for a facility where the design flow is less than 2,000 gpd; and,
- adjacent and downgradient of the impacted area of the discharge for a facility where the design flow is 2,000 gpd or greater.
Emergency Preparedness and Response
Does MassDEP have any criteria for evaluating odor problems related to fuel oil spills?
There really are no MassDEP criteria for evaluating odors relating to fuel oil spills. The odor issue is subjective and based on whether or not it bothers the people living there. MassDEP has oversight of vapor intrusion issues related to releases to the environment and the potential effects to indoor air. If there is vapor intrusion related to a release to the environment, it will have to be addressed during the site assessment/remediation. Additional information can be obtained at MassDEP's vapor intrusion website: http://www.mass.gov/dep/cleanup/laws/vifs.htm.
When there are overlapping jurisdictions between the Board of Health and MassDEP during an indoor air release event, who is responsible for reviewing the final Response Action Outcome (RAO) Statements?
MassDEP has jurisdiction over releases to the environment that may affect indoor air. Releases in buildings that do not reach the environment are typically overseen by the BOH. If it is not a "reportable release" to the environment, MassDEP does not have jurisdiction under MGL 21E.
As for an RAO: If the indoor air issue results from a release to the environment and vapor intrusion is occurring, an RAO will eventually have to be submitted to MassDEP and indoor air issues will need to be addressed. If the indoor air issue did not emanate from a release to the environment (if there was no "reportable release"), an RAO does not need to be submitted to MassDEP and the BOH will have jurisdiction over that indoor air issue.
As far as MassDEP audits of sites and RAOs go, the web page lays out when and how sites are audited: http://www.mass.gov/dep/cleanup/audfs.htm.
Does MassDEP use the Health and Homeland Alert Network (HHAN) as a communication tool?
MassDEP is working on a pilot project with public water systems on this as a possibility. Once the results of this pilot are in, we will evaluate whether it makes sense to expand its use as a communication tool to other local entities we work with on a routine basis.
As a result of the Safe Neighborhoods Chemical Initiative (SNCI), do you think that local level permits should be enhanced to include some of the key issues that could help reduce the risk of catastrophic events?
One of the SNCI project's recommendations is to look at the possibility of upgrading the statewide fire code, which is mainly implemented at the local level.
Air Quality
When is MassDEP going to come out with regulations governing Outdoor Wood Boilers?
MassDEP has posted draft regulations on this topic: http://www.mass.gov/dep/public/publiche.htm#owb. MassDEP has proposed adding new sections to its Air Pollution Control Regulations that would address outdoor hydronic heaters, also known as outdoor wood boilers, installed after the new regulations' effective date and the operation of units installed before the effective date. Requirements would apply to manufacturers, sellers and owners of outdoor hydronic heaters. Public hearings regarding these draft regulations are being conducted statewide and MassDEP is currently accepting public comment on the draft regulations. More information can be accessed from the link above.
How are portable incinerators/crematoriums regulated?
Under MassDEP Air Pollution Control regulations, a written plan approval from MassDEP is required prior to the construction and operation of any incinerator/crematorium at each site where such a device is to be located and operated. There are very specific design and operating requirements that must be met in order to be approvable by MassDEP. These include, but are not limited to, such design features as a primary and secondary chamber and minimum stack heights. The unit must also operate at very specific temperatures and only natural gas can be used as a supplemental fuel. Burning certain materials like plastic may require additional emission controls. For more information contact your local MassDEP Air Pollution Control permitting section in your region.
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