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WSCAC Agenda January 23, 2014 (times are approximate). 9:30    General Program Updates & 2014 Program Plan – Ben Ericson, Assistant Commissioner 9:50     TCE sites – Current Case Experience – Steve Johnson, Millie Garcia-Serrano 10:20     MCP Amendments  - Liz Callahan & Paul Locke

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WSCAC AgendaJanuary 23, 2014 (times are approximate)
  • 9:30    General Program Updates & 2014 Program Plan – Ben Ericson, Assistant Commissioner
  • 9:50     TCE sites – Current Case Experience – Steve Johnson, Millie Garcia-Serrano
  • 10:20     MCP Amendments  - Liz Callahan & Paul Locke

    Summary of final amendments; MCP-related fee amendments; implementation (guidance, forms & training)

  • 11:15  PCE – update to the ShortForms – Sandra Baird, ORS
  • 11:30    Soil Management – Status and check-in on “Similar Soils” policy  - Paul Locke 
  •  11:45    Adjourn
mcp amendments
MCP Amendments
  • Schedule
  • Related Amendments
    • Fee amendments public hearing draft is being prepared; aiming for same effective date
    • MCP trailer package (separate from fee package)
  • Most Significant Changes since the public hearing draft
  • Implementation
proposed mcp related fee amendments
Proposed MCP-Related Fee Amendments
  • New Tier I fee
  • New AUL fee (for initial AUL, not amendments or Terminations)
  • Expanded Reduced Fees for Homeowners (RAM, Phase V, Post-Temp. Soln, AUL)
mcp trailer package
MCP Trailer Package
  • Toxicity value hierarchy
  • PCE standard changes
  • Other
  • Timing
tier classification
Tier Classification
  • Replacing NRS with 4 criteria, as proposed
    • RCGW-1 in a GW-1 area
    • IH
    • IRA ongoing to address CEP
    • IRA with remedial actions ongoing
  • Grandfathering current Tier IIs where IRAs to address CEPs or IRAs with remedial actions are underway prior to effective date of amendments
  • Changes to Phase deadlines, as proposed (Phase II due 3 years from TC;Phase II Scope of Work becomes Conceptual Ph II SOW
conditions of srm for vapor intrusion
Conditions of SRM for Vapor Intrusion
  • Proposed more specific SRM triggers that reflected VI guidance on when to look for vapor intrusion
  • Final amendments incorporate triggers with modifications
  • eliminated proposed trigger of GW within 100’ structure with OHM concentrations greater than 10 times GW-2
  • eliminated proposed trigger “one or more VOCs exist in groundwater within 30’ of” structure with sump, earthen floor, fieldstone or concrete block foundation
  • revised other criteria to be more specific, based on comments, to narrow applicability
conditions of srm for vapor intrusion1
Conditions of SRM for Vapor Intrusion

Final amendments – SRM VI triggers

  • 1. soil or soil gas with VOCs within 6’ (horiz.) and 10’ (vert.) at concentrations likely to discharge vapors into structure;
  • VOCs in GW > GW-2 within 30’ of structure, and the average annual GW depth is 15’ or less;
  • volatile LNAPL in well, excavation, or subsurface depression within 30’ of structure at thickness ≥ 1/8”; or
  • 4. evidence of vapor migration along preferential pathways at a location likely to result in the discharge of vapors into the structure.
active exposure pathway mitigation measure as part of a permanent soln with conditions
Active Exposure Pathway Mitigation Measureas part of a Permanent Soln with Conditions
  • AUL only; no permit
  • Requirements now at 40.1025 (Subpart J)
  • Remote telemetry required; affected parties in buildings must be notified if shutdown extends beyond 30 days
  • Would apply to both SSD systems (vapor intrusion) and point of entry/point of use systems on private drinking water supplies
  • Added provisions specific to AEPMMs as part of ROS and Temporary Solutions (no AUL, but would require remote telemetry)
lnapl napl
  • LNAPL Conceptual Site Model – folded into CSM definition
  • Proposed changes to the 72 hour and 120 NAPL notification thresholds not made
  • Permanent Solution requirements
    • Absence of Non-Stable NAPL
    • NAPL removal to the extent feasible (clarified, does not necessarily mean attempts to remove NAPL)
    • AUL required for NAPL with Microscale Mobility (added definition of NAPL with Microscale Mobility)
source performance standards for perm temp solns
Source & Performance Standards for Perm. & Temp. Solns
  • Clarified definition of Source of OHM
    • Emphasis on area proximate to original release; addressed concern that dissolved/vapor phase could be viewed as a source
  • Reworked Performance Standards
    • Source Elimination or Control
    • Migration Control
    • NAPL
    • Removed 1 % Solubility Limit (DNAPL) as Perm Soln criterion
  • Eliminated AUL Opinion; site information related to the need for the AUL now to be attached as an exhibit
  • Within 30 days of recording or registering a deed conveying title for a property subject to a Notice of Activity and Use Limitation, a copy of such deed must be sent to MassDEP by either the grantor or grantee
  • For Active Exposure Pathway Mitigation Measures, standardized AUL conditions
  • Proposed text changes to 40.0019 and 40.0020 not included in final amendments
permanent solutions
Permanent Solutions
  • With Conditions
    • AUL
    • No AUL
        • Anthropogenic Background
        • Gardening Best Management Practices (Gardening BMPs definition added)
        • Under roadways, rail rights-of-way
        • Above GW-2 in areas with no current/planned occupied blgs
  • With No Conditions
background historic fill
Background & Historic Fill


Natural Background

Historic Fill (definition clarified, including adding “Fill” definition)

Anthropogenic Background


Anthro. Backgrnd  Perm. Soln. with Conditions, No AUL

numeric standards
Numeric Standards
  • Vanadium S-1 400 mg/kg (proposed 30 mg/kg)
  • Pb S-1 200 mg/kg (proposed bifurcated standard 200|300 mg/kg)
other provisions
Other Provisions
  • Use of Modeling
  • Temporary Soln Transition Provisions
  • Remedial Additives Near Sensitive Receptors
    • Added requirement for prior approval for additives with 100’ of school, daycare or residence
    • In final amendments, changed from prior written approval to 30 day presumptive approval with option to request oral approval
guidance to support mcp amendments
Guidance to Support MCP Amendments
  • Vapor Intrusion…coming soon, survey of VI guidance users
  • AUL
  • MCP Q&As - revising existing Q&As and developing new Q&As to address likely questions related to amendments
  • Posting BMP guidance links