Posted on Thu, Dec 10, 2009 @ 10:41 AM
By John Bailey, Environmental Compliance Advisor
In October 2007, the Massachusetts Department of Environmental Protection (MA DEP) released draft final changes to the Massachusetts Contingency Plan (the MCP 310 CMR 40.000) to clarify the notification and cleanup requirements for asbestos fibers and asbestos containing material in soil. These changes include new notification requirements and amendments to the Remediation Waste management, to ensure that off-site management of soil containing asbestos meets all applicable state and federal requirements.
The changes include the addition of definitions for Asbestos Source Material (ASM), and Visible ASM. Generally ASM meets the same definition as friable asbestos according to state and federal regulations, and Visible ASM is pieces of ASM three inches or larger in any dimension.
Changes to the notification requirements will include new 2-hour and 120-day notification conditions:
• 2-hour: A release to the environment indicated by the presence of either 5 cubic feet or more, or 5 pounds or more, of Visible ASM, at the ground surface at any location within 500 feet of a residential dwelling, school, playground, recreation area or park; and
• 120-day: A release to the environment indicated by the presence of either 1 cubic foot or more, or 1 pound or more, of Visible ASM located at the ground surface or mixed in subsurface soil.
In addition to the proposed changes to the MCP, changes have been proposed to the Air Pollution Control regulations (310 CMR 7.00), Solid Waste regulations (310 CMR 19.000), the Removal, Containment or Encapsulation of Asbestos regulations (453 CMR 6.00), and guidance policy COMM 97-001, “Reuse and Disposal of Contaminated Soil at Massachusetts Landfills” in order to maintain consistency during asbestos remediation, disposal, testing, and handling operations.
Resources:
MA DEP Asbestos-In-Soil Draft Final Regulations and Policies:
Look for future engineering blogs about Massachusetts Contingency Plan and Industrial Hygiene topics. Please contact Triumvirate’s engineering group for more information. We have Licensed Site Professionals and Environmental Engineers ready to answer your questions.
Posted on Wed, Apr 08, 2009 @ 12:23 PM
By Michael Bricher, Senior Environmental Engineer
Over the past two years, there has been an increase concern from the regulatory community, its Licensed Site Professionals (LSPs), and environmental attorneys regarding Mass DEP's implementation of vapor intrusion requirements at Massachusetts Contingency Plan (MCP) sites.
Over a 100 MCP audited sites have been recently re-opened by Mass DEP due to potential vapor intrusion concerns which include some sites that have been closed for more than 15 years. As a result, the responsible parties have been required to perform additional environmental response actions at a significant expense. In many cases, the audited sites were closed out in accordance with the regulations that applied at that time.
As a result of Mass DEP's revised approach and more stringent requirements (some of which are still in draft) to address potential vapor intrusion, there's much more uncertainty concerning what it takes to achieve MCP closure for VI sites. For example:
• Can you really rely on vapor intrusion modeling now?
• Do you need Mass DEP review and approval of every vapor intrusion site in order to be comfortable that real closure has been achieved?
In response to the increasing degree of uncertainty from the public regarding Mass DEP's policies for addressing potential vapor intrusion at MCP sites, Mass DEP has convened an Indoor Air Workgroup to develop an Updated Vapor Intrusion Guidance Document. In order to stay current with Mass DEP's approach and requirements for potential vapor intrusion, Triumvirate recommends that you review the latest draft version of the Assessment section in the New Vapor Intrusion Guidance (dated March 27, 2009). The link is provided below:
http://indoorairproject.files.wordpress.com/2009/03/assessment-text-draft-3-27-093.doc