BWSC’s Clean Energy Results Program Promoting Greener Cleanups Superfund Advisory Committee Meeting Thursday, May 22, 2014 Thomas M. Potter Clean Energy.

BWSC’s BWSC’s Clean Energy Results ProgramClean Energy Results ProgramPromoting Greener CleanupsPromoting Greener Cleanups

Superfund Advisory Committee MeetingThursday, May 22, 2014

Thomas M. PotterClean Energy Development Coordinator

AGENDA

• 2014 MA Clean Energy Industry Report

• July 2014 Legislation

• October 2014 FINAL Greener Cleanups Guidance– Milestones– Review of Comments– Example

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Shaffer Landfill, Billerica

2014 Massachusetts Clean Energy Industry Report

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• Created by legislation – the Green Jobs Act of 2008 to: – Create jobs, long-term economic growth– Cultivate a robust marketplace for innovation– Accelerate technology development– Support affordable and appropriately-sited

municipal, residential and commercial projects– Invest in clean energy infrastructure

About MassCEC

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Massachusetts’ Clean Energy Economy Is Large and Growing

10.5% JOB growth from 2013 to 2014

13.3% Projected JOB growth in 2015

7.7% FIRM growth from 2013 to 2014

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Statewide Activity

• Western Region grew 4 years in a row

• Northeast Region had the largest number of jobs

• Southeast Region has the fastest growth

• Central Region growth was flat

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Advantages

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Challenges

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Massachusetts #1 in ACEEE Ranking for Fourth Year

• #1 Energy Efficient state in the country by the American Council for an Energy-Efficient Economy (ACEEE)

• Massachusetts received 42.5 of 50 possible points (#1 overall)– 20 of 20 points for utilities & public

benefits programs & policies (#1 with RI)

– 7 of 9 points for transportation policies (tied for third with OR, WA)

– 5.5 of 7 points for building energy codes (tied for 3 with 4 other states)

– 4.5 of 5 points for CHP (tied for 1 with CT)

– 5 of 7 points for state government initiatives (tied for 4 with MD, PA)

– 0 of 2 points for appliance standards

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July 2014 – Legislation

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2014 Greener Cleanups Milestones• APRIL - Regulatory Amendments include

provisions to address “core elements” in support of Commonwealth’s energy and emission reduction mandates of 2008.

• MAY - Draft Greener Cleanups Policy posted– Comments Due July

• SEPTEMBER – Greener Cleanups Workgroup• OCTOBER - FINAL Greener Cleanups Guidance

WSC #14-150 (available online as of 10/20/14)

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http://www.mass.gov/eea/agencies/massdep/cleanup/reports/site-cleanup-news-and-updates.html

2014 Greener Cleanups Guidance• Promotion of greener cleanups consistent with Commonwealth’s

mandates to improve energy efficiency, reduce emissions and expand the use of renewable energy resources where practicable.

• Regulatory compliance for consideration includes addressing five core

elements or factors for reducing the environmental footprint of a cleanup.

• Greener cleanup considerations may not be used to override any requirement to implement a remedy to achieve the timely elimination, mitigation or prevention of such conditions.

• Users determine specific cleanup phase/response action for green

application.

• MassDEP advocates for the use of the ASTM Standard Guide for Greener Cleanups in addition to other available resources.

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2013 USEPA Memo of EncouragementAssistant Administrator OSWER

“[I]n the Agency’s pursuit of a cleaner, safer environment, I recommend that the regions and OSWER programs facilitate and encourage use of ASTM’s Standard Guide for Greener Cleanups in your efforts to implement greener cleanup practices.”

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Comments on Guidance

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From:• LSP Association• CDM Smith• 2 Stakeholders

Resulting in:• ~ 20 specific comments

REVIEW OF LSPA COMMENTS

2014 Greener Cleanups Guidance

Comment 1 (LSPA)

Including in this guidance document specific reference to other guidance documents and BMPs (bibliographic reference including title, author, etc.), in addition to the ASTM Guide, that are more readily available than is the ASTM Guide. One of the most concerning aspects of the draft guidance is the fact that the ASTM Guide is not freely available and cannot be copied.

•United States Environmental Protection Agency (USEPA), August 2009, Principles for Greener Cleanups (US EPA Office of Solid Waste and Emergency Response)•USEPA, August 2014, CLU-IN | Strategies & Initiatives |Green Remediation Focus (http://cluin.org/greenremediation/)•ASTM International, November 2013, Standard Guide for Greener Cleanups, E2893-13•The Interstate Technology and Regulatory Council (ITRC), May 2011, Technology Overview, Green and Sustainable Remediation: State of the Science and Practice (GSR-1)•ITRC, November 2011, Technical/Regulatory Guidance, Green and Sustainable Remediation: A Practical Framework (GSR-2).

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Comment 2 (LSPA)

Providing a few examples from hypothetical sites to demonstrate how the ASTM BMPs might be evaluated and described to meet the appropriate MCP requirements.

•“At the time of publication of this guidance, case studies of greener cleanups based on sites located in Massachusetts were not available. MassDEP anticipates their inclusion in a future update to this guidance, once such case studies become available. MassDEP expects the case studies will help demonstrate the implementation and effective use of greener cleanup practices at Massachusetts sites. In the interim, four examples of greener cleanups from the state of Illinois are provided in Appendix B.”

•Illinois Environmental Protection Agency (IEPA) collaborated with borrowers under IEPA’s Brownfield's Revolving Loan Fund program to pilot the ASTM Guide at four sites.

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Comment 3 (LSPA)

Providing further clarification on acceptable ways to document assessment and implementation of BMPs. Doing so would assist LSPs in better understanding and documenting when an appropriate/acceptable level of BMP assessment/implementation has been achieved. This might include, in a future revision, MassDEP developing and providing its own forms/templates for LSPs to use to document that the intent of the guidance has been met.

•MassDEP does not anticipate developing its own forms/templates for LSP use in the near future and recommends use of the tools available.

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Comment 4 (LSPA)

Emphasizing, more specifically and explicitly, that implementing the Greener Cleanups guidance and ASTM guidelines during Emergency Response or Immediate Response Actions at MCP sites is likely untenable, and articulating that practitioners will likely be unable to abide by this guidance in those situations. The Applicability section states that the guidance and use of the ASTM Guide “applies to all assessment and remedial actions conducted at disposal sites…” Later in the same section, that is qualified by acknowledging that greener cleanup considerations “may not be used to override any requirement to implement a remedy to achieve the timely elimination, mitigation, or prevention of certain conditions.” Specific conditions are then listed. The LSPA thinks that the guidance can more specifically call out that adhering to the guidance will be difficult in such situations.

•MassDEP understands that time-critical situations where human health, public safety or the environment are at immediate risk (e.g., “2-hour” and “72-hour” reportable conditions under the MCP), likely are not suitable for initial consideration of greener cleanup practices. However, once immediate risks and their causes have been addressed, greener cleanup practices should be considered pursuant to the MCP as part of response actions that follow time-critical activities.

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Comment 5 (LSPA)

Clarifying to whom the guidance applies. The reference in Scope, B. Section 4.2, Professional Experience, Lead Environmental Professional is to “a Licensed Site Professional or other person with relevant credentials and experience as defined in the Attached Table 1.” Table 1 (page 6) then presents several categories of professionals to whom the guidance could apply; including non-LSPs as well as an LSP who may not be the LSP of Record. There is concern within the LSPA that this language could cause people to be held accountable who might not otherwise be held accountable under the MCP. The LSPA suggests that, when pertaining to MCP response actions, the term Lead Environmental Professional apply only to the LSP of Record for the site in question. Without this, the ultimate responsibility for this aspect of a response action could become diffuse and in conflict with the role of the LSP of Record as it currently stands.

•As specified by the ASTM Guide, its use by a Lead Environmental Professional is required. When conducting MCP Response Actions in adherence to this Policy and the ASTM Guide, a Lead Environmental Professional applies only to the Licensed Site Professional (LSP) of Record and/or, if applicable, another person under that LSP’s supervision and who has relevant credentials and experience as defined in APPENDIX A.

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Other Comments . . .

XXXX suggests incorporating an incentive program, such as a greener cleanups award, to promote the use and implementation of this policy.

– MassDEP is currently working on such an incentive program.

– Hope to partner with LSPA Technical Practices and other interested parties.

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BMP Case Study No. 1

• Future site use not defined• Status = Remedy Selection:

remedial excavation/backfill with engineered barriers and institutional controls

• BMP Opportunity Assessment Conducted (no QE)

• Summary tables prepared:– Potential BMPs– Prioritization of BMPs– Selection of BMPs– No Implementation at this

stage

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SAMPLE

BMP Case Study No. 1

Selected BMPs:– Target Treatment Zones and select appropriate

performance standard to minimize volume, tuck trips, emissions, etc.

– Use nearby clean backfill– Use local staff/contractors– Use local biodiesel– Implement idle reduction– Establish green requirements for subcontractor

selection.

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BMP Case Study No. 1 (cont.)BMP Table Summary

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MassDEP/LSPA Clean EnergyWorkshop Series

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1. Greener Cleanups– December 2014– 4 Regulatory CEU’s

2. Renewable Thermal/Geothermal with BRP & LSPA– Tentative Feb/Mar 2015– CEU’s TBD

3. Solar PV on Contaminated Land II– Tentative Apr/May 2015– CEU’s TBD

1. Greener Cleanups

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• TITLE: “Greener Cleanups Under the MCP”

• PRESENTERS: MassDEP and USEPA

• DATES:– Wednesday, 12/10/14,

8:00 AM to 12:00 PM, or– Thursday, 12/11/14, 8:00

AM to 12:00 PM

• LOCATION: Westborough

Atacama Desert - Chile

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Thank You!

Thomas M. PotterClean Energy Development Coordinator MassDEP Bureau of Waste Site Cleanup

One Winter Street, 6th FloorBoston, MA 02108

[email protected]

Clean Energy Results Program Website:http://www.mass.gov/eea/agencies/massdep/climate-energy/energy/

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