1. Soil Management Discussion April 24, 2014 MassDEP Waste Site Cleanup Program

2. What is Soil? A mixture of… 1.Material derived from rock (minerals) 2.Material derived from vegetation (organics) + 3.(sometimes) Material that is man-made (could be anything, like paint chips) 2

3. What is “Clean” Soil? “There’s nothing in it.” See Slide #1: “There’s nothing bad in it.” See Slide #1: 3

4. What is “Clean” Soil? A: A meaningless term. If any soil is analyzed, it will be found to contain measurable amounts of constituents that will be on the Massachusetts Oil & Hazardous Materials List. Soil may be considered “clean enough” for certain uses but not for others. 4

5. Current Issue for Discussion Many large development projects are underway, with excavation of soil that needs to be managed. Some soil coming from 21E sites may be over- managed as “Remediation Waste” due to lack of clear options. There are few outlets for managed soil in Massachusetts, resulting in higher disposal costs, typically out-of-state. 5

6. “Similar Soils” Similar to “Similar Soils” “Remediation Waste” Similar to “Remediation Waste” “Gap Soils” (Between Similar Soils and Remediation Waste) Similar to “Gap Soils” We’re talking about the 21E side of the Universe (unless specifically stated otherwise) 6

7. MassDEP Goals 3 Basic Principles Soil needs to be adequately characterized so that the management options can be understood. New notifiable 21E releases should not be created at receiving locations New dumping grounds should not be created at the receiving locations 7

8. Addressing the “Gap” Soils MassDEP plans to develop guidance (shorter term) and regulations (longer term) for the appropriate use of soil that contains some level of “hazardous” constituents. – Focus is on using (or re-using) the soil – Approach would not address “disposal” of soil. Disposal facilities are already covered by the Solid Waste Program regulations Q: How do you distinguish between “re-use” and “disposal”? 8

9. Characteristics of Soil Re-Use “Re-Use” of soil… – supports a specific development or reclamation project at the receiving location – The development/reclamation project at the receiving location must have the appropriate approval or acceptance of the host municipality 9

10. Characteristics of Soil Disposal “Disposal” of soil includes… – the dumping, landfilling or placement… – into or on any land (or water)… – of useless, unwanted or discarded material. 10

11. MassDEP will address: Due diligence at the generating location to ensure that soil is adequately characterized Principles for re-use/reclamation based on soil characteristics (e.g., use of soil with potentially hazardous constituents at levels <RCS-2) Criteria for upfront MassDEP approvals of re-use of “Gap” Soils 11

12. 12 “Similar Soils” Similar to “Similar Soils” “Remediation Waste” Similar to “Remediation Waste” “Gap Soils” (Between Similar Soils and Remediation Waste) Similar to “Gap Soils” 12 What about the other half of the universe?

13. Possible Criteria for Up-front MassDEP Approval of Larger Receiving Locations Just to get the conversation started: SIZE (Projects in any location that will accept > X cubic yards of soil) LOCATION (Projects in sensitive/ protected areas) DURATION (Projects that will take soil over a long period of time) 13

14. Draft Schedule Draft interim guidance for Waste Site Cleanup & Solid Waste Advisory Committee review: Summer 2014 Interim guidance available for use: Fall 2014 Draft regulation amendments published for public comment: Spring 2015 14