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| UST Regulatory Changes | |
The Massachusetts Department of Environmental Protection (MADEP) filed emergency regulations to implement the Massachusetts Underground Storage Tank Program. Since taking over the regulation of USTs from the state Fire Marshal, the MADEP is now expanding regulations to include required training of UST operators.
Until recently the Department of Fire Services (DFS) had responsibility for the underground storage tank (UST) program. In 2007, DFS was required to develop training for UST operators in order to meet the federal deadline of August 8, 2012 (72 FR 44523, see link to left), imposed on states that receive federal funds. Though DFS attempted to change the UST regulations at that time DFS was not able to meet the mandated federal training requirements before the management of USTs was transferred to the MADEP in 2009.
The MADEP soon realized it too would have difficulty meeting the federal deadline for training if, as was originally proposed, they received, reviewed and approved all training programs for the 4,000+ affected UST systems in Massachusetts; they simply did not have the resources for that level of effort. As a result, MADEP proposed regulations that would allow operators of USTs to develop and train their own employees by the federal deadline. Then, the MADEP would administer an exam, with the requisite fee. UST operators will have approximately one year to implement their training and get this operators license.
Operators will be classified as Class A, B or C, depending on their responsibilities as follows:
- Class A: responsible for operating and maintaining UST
- Class B: daily UST requirements, including maintenance and recordkeeping
- Class C: respond to UST alarms or emergencies
The MADEP filed regulations to adopt UST regulations as emergency regulations which will become effective when published in the Massachusetts Register on June 10, 2011. MADEP will hold public hearings and will close the public comment period on July 5, 2011. Links to both the Regulation and the Register are provided on the left. |
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| AUL and Vapor Intrusion Guidance - Comment Period Closed |
MADEP has closed the public comment period for both the proposed Guidance on Vapor Intrusion and the Guidance on Implementing Activity and Use Limitation (AUL). MADEP has indicated that due to the significant overlap between the policies, the comments must be reviewed and evaluated carefully. Final guidance must be consistent between the two documents. GEC understands that while vapor intrusion may be more complex, the final guidance for Vapor Intrusion will come out before the final policy for AULs. But exactly when either will be released is unclear.
No doubt both guidance documents will have significant implications for how response actions are completed in accordance with the Massachusetts Contingency Plan. Of primary interest to GEC and, we believe, our clients, is the extent to which these documents require construction and ongoing sampling, monitoring, maintenance of systems (i.e., sub-slab depressurization system, SSDS) to address potential indoor air contamination and the degree to which institutional controls (AULs) are necessary to memorialize these activities.
It seems likely that guidance will recommend implementation of an AUL to ensure pathway elimination to prevent exposure to vapors originating from the subsurface soil, NAPL and groundwater that could migrate into the indoor air of current or future buildings. Though the AUL guidance indicates that a passive SSDS or vapor barrier might be sufficient, discussions in the context of review of the vapor intrusion guidance indicate that passive system SSDS or vapor barriers may not be adequate in common circumstances. It is unclear if an active SSDS will be consistent with a Permanent Solution whether or not an AUL is recorded. Further, it remains unclear what level of restriction will be necessary to prevent migration of contaminants into buildings that have not yet been constructed. If AULs are not required to prevent installation of future private drinking water wells in areas where groundwater exceeds GW-1 standards, it seems incongruous to require an AUL to prevent or restrict the construction of future buildings where groundwater conditions exceed GW-2, product is present or volatile soil contamination is present.
GEC does not expect that either guidance will be finalized prior to the end of summer. In the meantime LSPs and stakeholders are left to speculate and use their best guess as to where the guidance will fall when finalized in order to assure that our clients and other stakeholders' interests are maintained. |
| Promises of 2011 Department of Energy Strategic Plan | |
The U.S. Department of Energy recently released its 2011 Strategic Plan calling it "a comprehensive blueprint to guide the agency's core mission of ensuring America's security and prosperity by addressing its energy, environmental, and nuclear challenges through transformative science and technology solutions." Simply stated, it makes transforming the nation's energy system and securing U.S. leadership in clean energy technologies primary goals for the Department. Such transformation is necessary because "business as usual" scenarios for climate change "will imperil future generations with dangerous and unacceptable economic, social, and environmental risks." The Plan notes that the rest of the world is changing as well, with "developed and developing countries in Europe and Asia...(already) positioning themselves for a future of higher oil prices and constrained carbon emissions."
The Plan outlines goals that require collaboration in science and technology to help address the nation's energy, environmental and nuclear challenges. As DOE Secretary Chu sees it: "The Department of Energy plays an important and unique role in the U.S. science and technology community. The Department's missions and programs are designed to bring the best scientific minds and capabilities to bear on important problems. It is an integrator, bringing together diverse scientists and engineers from national laboratories, academia, and the private sector in multidisciplinary teams, striving to find solutions to the most complex and pressing challenges. This Strategic Plan lays out the Department's leadership role in transforming the energy economy through investments in research, development of new technologies, and deployment of innovative approaches."
The Department's success depends on melding the federal government's diverse workforce of scientists and engineers from the national laboratories together with academia and the private sector in multidisciplinary teams, striving to find solutions to the most complex and pressing challenges.
They will marshal these teams in support of the DOE Strategic Plan, which identifies the following four big, if not distinct goals:
- Catalyzing the timely, material, and efficient transformation of the nation's energy system and securing U.S. leadership in clean energy technologies;
- Maintaining a vibrant U.S. effort in science and engineering as a cornerstone of our economic prosperity with clear leadership in strategic areas;
- Enhancing nuclear security through defense, nonproliferation, and environmental efforts; and
- Establishing an operational and adaptable framework that combines the best wisdom of all Department stakeholders to maximize mission success.
Despite the Congress' intention to cut spending, this initiative will provide significant new programs, grants and credits. We expect that our clients will be asking how they are affected. In practical terms, we see this as promotion of energy efficiency technologies; modernizing the electric grid; facilitating technology transfer to private industry; and enhancing the safety of offshore oil exploration. Whether the goal is just becoming more energy efficient, or a need to translate gains in sustainability to gains in market share, GEC is ready with its own diverse team of engineers, technical experts, certified energy auditors and LEED accredited planning talent to assist you. |
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