Compliance

Important Regulatory Update
September 15, 2009

At the DEP Hazardous Waste Transporter Subcommittee Meeting held on Wednesday, September 9, 2009 in Boston, the Department: 1) Clarified the regulatory status of petroleum-impacted groundwater; and 2) Explained the new UST inspection program that was transferred from the Dept. of Fire Services to the DEP in July 2009.


1) Petroleum-Impacted Groundwater

The Department issued a newly written guidance document on September 9, 2009 to clarify the Bureau of Waste Prevention (BWP) and Bureau of Waste Site Cleanup (BWSC) regulations for the management of groundwater that may otherwise be considered hazardous for toxicity characteristic codes D018 through D043 but is from a petroleum UST cleanup, so is therefore exempt from the RCRA and MA Hazardous Waste Management Regulations. There are specific CONDITIONS for this exemption to apply, so please read the attached DEP guidance carefully. The exemption 310 CMR 30.104(2)(p) is limited to petroleum dissolved in groundwater from USTs only. Other criteria is that (1) the water must be hazardous for D018 through D043 only (no other characteristics or listed waste present); (2) the generator must send the water to a permitted receiving facility with testing data that the remedial wastewater meets the exemption criteria, along with a Bill of Lading (BOL) prescribed by 310 CMR 40.0034 (i.e., a MA BOL, not a straight BOL).

The Massachusetts exemption is based on the USEPA federal policy decision as codified in 40 CFR 261.4(b)(10) known as the “federal UST groundwater exemption”.

NewStream can help you save money today... DEP's issuance of an official position on this matter means that many streams that would have otherwise had to go to a TSDF can now come to NewStream at a significant cost savings. Call (508-236-6001) or email our business development team today to see how we can save you money.

2) UST Program

The UST program was transferred to DEP in July. All affected facilities (i.e., anyone with an underground storage tank [motor vehicle fuel tanks and chemical USTs, NOT heating oil, consumptive use and farm USTs]) will have to have their tanks inspected by a qualified Third Party Inspector before August of 2010.

DEP expects that these mandated 3rd party inspections will result in increased tank pulls. (i.e., more work for remediation contractors and LSP’s). The 3rd party inspector must be a MA P.E., LSP and certified by a 3rd party organization (e.g., API or another state). Plus, inspectors must receive the applicable training which is currently provided by the Dept of Fire Services and will soon be offered by DEP.

Questions? Call DEP at 617-556-1035 ext. 2. DEP Contacts: Tom Denormandie and Eric Arvedon.

Partner with NewStream to keep costs low... The changes to the UST program will result in more inspections, tank pulls, and tank replacement projects in coming months. NewStream is the low-cost, convenient, and compliant solution for related groundwater disposal and treatment needs. Call (508-236-6001) or email our business development team today.