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, Sep 09, 2009 @ 10:39 AM
By Jeremy Brandl, Engineering Technician
Activity and Use Limitations (AULs) are legal restrictions used in the context of the Massachusetts Contingency Plan (MCP) to limit future exposure to contaminants remaining in soil at a disposal site. An AUL on a property will alert future property owners that the property they will be occupying has potential risk for exposure.
“The purpose of an Activity and Use Limitation is to narrow the scope of exposure assumptions used to characterize risks to human health from a release pursuant to 310 CMR 40.0900, by specifying activities and uses that are prohibited and allowed at the disposal site in the future.”
A way to determine risk is by completing the risk characterization process. In Massachusetts, the guidelines in the MCP determines when an AUL is needed to eliminate potential exposure pathways. The AUL is necessary for the continued validity of a Response Action Outcome Statement (RAO) to ensure that the disposal site presents No Significant Risk to human health or the environment over time.
Elements of an AUL:
• written restriction, providing notice
• imposed by the land owner (DEP approval not required, but DEP can enforce)
• recorded at the Registry of Deeds (or Land Court)
• restricts future uses and allows permitted uses
• to prevent exposure to remaining oil or hazardous materials (OHM)
• largely used for soil contamination (for groundwater: to eliminate an existing private well, O + M of venting system or vapor barrier)
• goal/benefit: to reduce response actions (and costs) while maintaining protection (e.g., Brownfields redevelopment)
A detailed AUL guidance document may be found on the Mass DEP website (http://www.mass.gov/dep/cleanup/laws/99-300.pdf.) If you should have any questions or require more information on this topic, please contact Triumvirate's Site Assessment and Remediation Division for more information. We have experienced Licensed Site Professionals and Environmental Engineers ready to answer your questions.
Posted on Tue, Aug 25, 2009 @ 09:13 AM
By John Bailey, Environmental Compliance Advisor, Triumvirate Somerville
Preliminary Response Actions-Part I
The Massachusetts Contingency Plan (310 CMR 40.0000) “the MCP” allows three main types of preliminary response actions at disposal sites. These are Limited Removal Actions, Immediate Response Actions and Release Abatement Measures. The regulations related to Limited Removal Actions are described below.
Limited Removal Actions (“LRA”) are described in section 40.0318 of the MCP. LRA’s are restricted to the removal of contaminated soil. While performing a LRA contaminated soil can be removed from a site under certain conditions without notification or reporting to the MA DEP, or direct oversight by the MA DEP.
LRAs can be conducted for soil that would be a “120 Day Notification” release if the volume of contaminated soil is less than 100 cubic yards for oil or waste oil contamination, or 20 cubic yards for contamination by other hazardous materials.
LRAs cannot be conducted for releases requiring “2 Hour” or “72 Hour” notification, or after the MA DEP has been notified of a release.
All excavation activities related to the LRA must be conducted within 120 days of obtaining knowledge of the release, and all contaminated soil generated must be managed in accordance with the remediation waste management procedures detailed in section 40.0030 of the MCP. Management of remediation waste typically requires transportation using a Uniform Hazardous Waste Manifest, or a MA DEP Bill of Lading form signed by a Licensed Site Professional, and recycling or disposal at a permitted facility.
Look for future engineering blogs about MCP Preliminary Response Actions, Immediate Response Actions, Release Abatement Measures, and other 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
Posted on Tue, Mar 24, 2009 @ 01:10 PM
Notification Conditions - Part 2: 72 hour and 120 day Reporting
By Craig Sasse, Senior Engineer
The Massachusetts Contingency Plan, Section 40.0300 presents conditions which require notification to the MA DEP within 2 hours, 72 hours or 120 days. Releases and Threats of Release which require notification of the MA DEP within 72 hours include:
A release to the environment of oil or hazardous material (OHM) that is indicated by the presence of:
• non-aqueous phase liquid (NAPL) with a measured thickness greater than 1/2 inch;
• a soil sample with equal to or greater than 100 parts per million of total organic vapors from within 10 feet of the exterior wall of a underground storage tank (UST) and is greater than 2 feet below grade and collected as part of the assessment or removal of a UST;
• concentration greater than the reportable concentration within the Zone I of a public water supply or 500 feet of a water supply well;
• concentration in groundwater greater than 5 mg/l total volatile organic compounds within 30 feet of a school or occupied residential structure, where the groundwater table is less than 15 feet below grade; or
• a condition of Substantial Release Migration, associated with a release for which notification is required.
A threat of release to the environment of OHM from a UST of a leak equal or greater than 0.05 gallons per hour:
• in a single wall UST;
• in the inner wall of a double wall UST; or
• in the outer wall of a double wall UST.
Notification of the MA DEP within 120 days is required if:
• OHM in soil or groundwater is equal to or greater than the appropriate reportable concentration;
• Oil in soil equal to or greater than the reportable concentration, where the total continuous volume of the contaminated soil is equal to or greater than two cubic yards; or
• a release results in subsurface NAPL having a thickness of greater than 1/8 inch and less than 1/2 inch.
There are exemptions, timing, and actions that may affect notification requirements. Several exemptions are: gasoline releases from passenger car accidents; releases from coal, coal ash, or wood ash; and releases associated with building materials in good repair. Previous cleanup work or cleanup by a Limited Removal Action may eliminate the need to make notification.