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MA DEP Asbestos Waste in Soil Regulations

Posted by Rebecca McDaniel

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.


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.

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