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 WSCAC Agenda January 23, 2014 (times are approximate)

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 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 Toxicity value hierarchy PCE standard changes Other Timing

Most Significant Changes from Public Hearing Draft to Final

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 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 Proposed more specific SRM triggers that reflected VI guidance on when to look for vapor intrusion

Conditions of SRM for Vapor Intrusion 1. soil or soil gas with VOCs within 6’ (horiz.) and 10’ (vert.) at concentrations likely to discharge vapors into structure; 2VOCs in GW > GW-2 within 30’ of structure, and the average annual GW depth is 15’ or less; 3volatile 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. Final amendments – SRM VI triggers

Active Exposure Pathway Mitigation Measure as part of a Permanent Soln with Conditions – AUL only; no permit – Requirements now at (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 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

AULs 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 and not included in final amendments

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 Natural Background Anthropogenic Background Historic Fill (definition clarified, including adding “Fill” definition) Other Anthro. Backgrnd  Perm. Soln. with Conditions, No AUL

Numeric Standards Vanadium S mg/kg (proposed 30 mg/kg) Pb S mg/kg (proposed bifurcated standard 200|300 mg/kg)

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 Other Provisions

Guidance to Support MCP Amendments LNAPL, NAPL 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