9:30 General Program Updates & 2014 Program Plan – Ben Ericson, Assistant Commissioner

1. 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

2. 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

3. 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)

4. MCP Trailer Package • Toxicity value hierarchy • PCE standard changes • Other • Timing

5. Most Significant Changes from Public Hearing Draft to Final

6. 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

7. 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

8. 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.

9. 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)

10. 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)

11. 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

12. 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 40.0019 and 40.0020 not included in final amendments

13. 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

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

15. 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)

16. 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

17. 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