MassDEP Proposes Allowing Certain RCRA Corrective Actions to be Completed under State Cleanup Program
Beveridge & Diamond, P.C., February 2007
Consistent with EPA’s One Cleanup Program, MassDEP has proposed hazardous waste rules that would allow interim status RCRA sites to complete corrective action under the state privatized cleanup program with the oversight of a licensed site professional so long as additional public participation and financial assurance requirements are met, and the MassDEP audits the cleanup. If these regulations are promulgated, MassDEP will seek authorization from EPA to implement this program. To view the public hearing draft of this proposal, please click here.1
MassDEP has identified thirteen (13) interim status RCRA facilities that are subject to RCRA post-closure and corrective action requirements. MassDEP notes that there may be additional facilities that are not known to MassDEP because they did not notify EPA of their hazardous waste activities. MassDEP has also identified sixteen (16) active treatment and storage facilities that are subject to RCRA corrective action for any releases from the facility.
Under the proposed rules, sites that have or should have had Interim Status may perform cleanup under the state cleanup program (the Massachusetts Contingency Plan or MCP) if certain additional requirements are met:
- Public Involvement. In addition to the public involvement requirements of the MCP, public notice must be provided prior to a release abatement measure, remedy selection, and termination of Interim Status after completion of the cleanup;
- Oversight. MassDEP must audit the final cleanup at the end of all corrective action activity. In addition, MassDEP retains authority to exercise direct oversight during the cleanup.
- Financial assurance. The facility must maintain RCRA financial assurance for closure/post closure activities.
Facilities subject to a permit would conduct corrective action under the hazardous waste operating license, or under an administrative order.
The proposed rules also would incorporate federal requirements relating to corrective action management units, temporary units, staging piles, mixed waste and make other changes.
The public comment period for these rules runs through March 23, 2007. Public meetings will be held throughout the state during the week of March 5, 2007.
For further information, please contact Jeanine Grachuk at jgrachuk@bdlaw.com.
