MassDEP Finalizes Supplemental Amendments to the State Cleanup Program
Beveridge & Diamond, P.C. - Massachusetts Environmental, Land Use & Real Estate Alert, February 2008
MassDEP has revised the regulations implementing the state privatized cleanup program. These revisions became effective on February 14, 2008, with the exception of the “white knight” provision, described below, which became effective on December 14, 2007.
About twenty separate changes were made to the regulations implementing the state cleanup program. Among the significant changes are:
Revised Cleanup and Reporting Standards. The revisions include updated standards for reporting and cleanup of scores of chemicals, including petroleum hydrocarbons and MtBE. In addition, reporting and cleanup standards were added for RDX and HMX. These revisions can be found at 310 CMR 40.1600.
White Knight. The revisions include a “white knight” provision that would enable new owners or tenants to request new deadlines for assessment and cleanup of a site if the new owner or tenant accepts responsibility for completing response actions and meets certain eligibility requirements. Under the prior rules, a new owner or tenant would have been required to meet the existing deadlines and, if a deadline had already been missed, potentially would have been immediately out of compliance. These revisions can be found at 310 CMR 40.0570.
Oil Contamination in GW-1 Areas. The revisions provide additional flexibility to achieve site closure when addressing oil contamination in a drinking water area where it can be established that, among other things: (a) the disposal site is located more than 1000 feet away from a public water supply well; (b) the source has been eliminated, (c) contaminant concentrations are diminishing throughout the horizontal and vertical extent of the plume; and (d) oil contamination is not detected at or above analytical limits appropriate for a GW-1 area at the downgradient edge of the plume. Under the previous rules, site closure was possible only if the drinking water standard was met. These revisions can be found at 310 CMR 40.0924(3) and 40.0926(8).
Naturally-Occurring Arsenic, Beryllium and Nickel. The revised regulations expand exempt from reporting arsenic, beryllium and nickel that is attributable to certain documented natural conditions. The previous regulations limited the exemption to arsenic and beryllium in Worcester County. These revisions can be found at 310 CMR 40.0317(22).
Well Maintenance. The revised regulations include a requirement that any well installed for sampling, monitoring, or remediation be maintained and secured during its period of service. This revision can be found at 310 CMR 40.0028.
Electronic Submittal. The revised regulations require that all environmental response action opinions be submitted electronically as of January 1, 2009. This revision can be found at 310 CMR 40.0015.
To view a copy of the revised rules, please click here.1
For more information, please contact Jeanine Grachuk at jgrachuk@bdlaw.com.
