1. 1 WSC Advisory Committee Agenda June 26, 2014 9:30 Welcome and general updates - Ben Ericson 9:50 Soil Management - next steps for policy and potential regulations, plus updates - Paul Locke 10:20 MCP Implementation issues - Liz Callahan Guidance development/plans for guidance development discussions 72 hour notification for SRM conditions related to vapor intrusion Other questions/issues? 11:00 MCP "trailer package" - issues to consider for additional MCP amendments Liz Callahan & Paul Locke 11:30 Adjourn

2. 2014 MCP Implementation 2

3. 3

4. Guidance Development Guidance discussion dates (LNAPL, VI, AUL) – Save the dates July 24, July 31 (AUL) Comment review period for AUL, LNAPL and VI Guidance – August 22, 2014 * 4 * Based on the discussion at 6/26/14 WSCAC meeting, MassDEP will stagger the review period end dates for the AUL, LNAPL and VI draft guidance documents. Review periods will be set to close late Summer/early Fall. Exact dates TBD/announced.

5. 5 Information specific to the implementation of the 2014 MCP is located at http://www.mass.gov/eea/agencies/massdep/cleanup/regulations/site- cleanup-regulations-and-standards.html#6 http://www.mass.gov/eea/agencies/massdep/cleanup/regulations/site- cleanup-regulations-and-standards.html#6

6. MCP-Related Fee Amendments – also effective June 20, 2014 6 Type Submittal Type & Fee Category Timing of Submittal (for One-Time Fees) Non- Homeowner Homeowner 3 Within 120 days of initial notification After 120 days & prior to Tier Classification After Tier Classification One-Time Fees 1 Permanent Solution --- Permanent Solution Fee See Note 4 $1,470$735 RAM Plan RAM Fee --- $980$490 DPS DPS Fee --- $1,965 Notice of AUL AUL Fee $2,000$1,000 Regular Annual Fees 2 Fee Category Non- Homeowner Homeowner 3 Tier ID$4,915$2,455 Tier I$4,320$1,225 Tier II$2,455$1,225 Temporary Solution$980$490 Phase V$980$490 Notes: 1. One-Time Fees must be paid when submittal is made. 2. Regular Annual Fees are billed by MassDEP after Tier Classification; Fee Category is based on Status of site on Annual Status Date. 3. Completed Homeowner Certification Form BWSC120 is required to qualify for lower Homeowner fee rates. 4. One-Time Permanent Solution Fee also applies if site is Tier ID and submittal is made within first 90 days of initial Status Date. More information http://www.mass.gov/eea/agencies/massdep/cleanup/grants/waste-site- cleanup-fees.htmlhttp://www.mass.gov/eea/agencies/massdep/cleanup/grants/waste-site- cleanup-fees.html

7. MCP Errata Two types – To be fixed as a technical correction - Publication errors To be addressed in the MCP amendments “trailer package” - MassDEP drafting errors 7

8. 8 CompoundCAS No. Aroclor 101612674-11-2 Aroclor 122111104-28-2 Aroclor 123211141-16-5 Aroclor 124253469-21-9 Aroclor 124812672-29-6 Aroclor 125411097-69-1 Aroclor 126011096-82-5 Aroclors01336-36-3 Benzene, 1,1’-(Dichloroethylidene)Bis[4-chloro-… (DDE)72-55-9 1,1’-Biphenyl, Chloro-Derivs.1336-36-3 1,4-Diethylene Oxide (1,4-Dioxane)00123-91-1 Methyl Mercury22967-92-6 Naphthalene91-20-3 Nickel7440-02-0 PCB1336-36-3 Polychlorinated Biphenyls, N.O.S.1336-36-3 Polychlorinated Biphenyls (PCBs)11097-69-1 Polychlorinated Biphenyls (PCBs)11104-28-2 Polychlorinated Biphenyls (PCBs)11141-16-5 Polychlorinated Biphenyls (PCBs)12672-29-6 Polychlorinated Biphenyls (PCBs)12674-11-2 Polychlorinated Biphenyls (PCBs)53469-21-9 Table 1 MOHML RC Errors (technical corrections)

9. 9 CompoundCAS No. Aroclor 101612674-11-2 Aroclor 122111104-28-2 Aroclor 123211141-16-5 Aroclor 124253469-21-9 Aroclor 124812672-29-6 Aroclor 125411097-69-1 Aroclor 126011096-82-5 Polychlorinated Biphenyls (PCBs)11096-82-5 Polychlorinated Biphenyls (PCBs)11097-69-1 Polychlorinated Biphenyls (PCBs)11104-28-2 Polychlorinated Biphenyls (PCBs)11141-16-5 Polychlorinated Biphenyls (PCBs)12672-29-6 Polychlorinated Biphenyls (PCBs)12674-11-2 Polychlorinated Biphenyls (PCBs)53469-21-9 Table 2 MOHML RC Errors (technical corrections)

10. Text still refers to Tier I Permits 10 310 CMR 40.0570(3) and (5) (technical corrections)

11. 310 CMR 40.0315(4) 11

12. l Vadose Zone Soil Contamination Evidence of Vapor Migration Along Preferential Pathways VOC Groundwater Contamination >GW-2 within 30 feet of structure where average annual depth to groundwater ≤ 15 feet Soil Gas Volatile LNAPL ≥ 1/8 inch within 30 feet of the structure in a monitoring well, excavation or subsurface depression 72 Hour SRM Notification Triggers – Schools, Daycare or Child Care Centers, Occupied Residences (310 CMR 40.0313(4)(f)) within 6 feet vertically from wall, 10 feet from foundation/basement floor at concentrations likely to discharge to structure

13. (16) releases indicated by the presence of oil and/or hazardous material in concentrations or quantities which would otherwise meet one or more of the sets of criteria set forth in 310 CMR 40.0313 through 310 CMR 40.0315 at a disposal site where: (a) a response action is being undertaken in compliance with the provisions of 310 CMR 40.0000 to address such release; (b) a release notification was previously provided to the Department for the disposal site on which the release has been observed or documented; and (c) such presence of oil and/or hazardous material is consistent with the types, nature, exposure potential and quantities of oil and/or hazardous material for which that notification was provided to the Department; 13 310 CMR 40.0317(16)

14. MCP Trailer package – topics/timing 14