News & Events / MassDEP Proposes Series of Changes to State Cleanup Program
MassDEP Proposes Series of Changes to State Cleanup Program
Beveridge & Diamond, P.C., February 2007
MassDEP has proposed a series of changes to the regulations implementing to the state privatized cleanup program. To view the public hearing draft of this proposal, please click here.1
Based on MassDEP’s public hearing materials, approximately twenty separate changes will be made to the regulations implementing the state cleanup program. Among the significant changes are:
- Revised standards for reporting and cleanup of scores of chemicals, including petroleum hydrocarbons and MTBE. In addition, reporting and cleanup standards would be added for three new chemicals, RDX, HMX and 1,4-Dioxane.
- A “white knight provision,” that would enable new owners or tenants to request new deadlines for assessment and cleanup of site when accepting responsibility for conducting the work, if the new owner or tenant meets certain eligibility requirements. These deadlines include the requirement to complete the cleanup within five years. Under current rules, such new owners would be required to meet deadlines already in place, which may already have lapsed.
- Additional flexibility to develop a site-specific risk based cleanup standard where oil contamination has been identified in groundwater in areas classified as drinking water but sufficiently far from a public drinking water supply well. Based on that risk characterization, it may be possible to conclude that no further cleanup is required, and close the site. Under current rules, the drinking water standard must be met.
- A mandate that wells installed for sampling, monitoring or remediation be maintained and secured.
- A mandate to submit all opinions electronically by January 1, 2008.
The public comment period for these rules runs through April 16, 2007. Public meetings will be held throughout the state on February 27, March 1, March 6, and March 13, 2007.
For further information, please contact Jeanine Grachuk at jgrachuk@bdlaw.com
