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GEC Newsletter—Fall 2003


In this Issue...

 

Overview of the Latest MCP Revisions

In case you were on vacation this summer and did not catch the June 27 implementation of the Revised Massachusetts Contingency Plan (MCP), here is a summary as provided by the MADEP:

In addition, as one might expect, compliance fees have increase and have been initiated where such fees were not previously required.

GEC believes that these changes will streamline the permitting and approval process to the benefit of those sites that do not require MADEP compliance assistance. For those sites where a little MADEP hand holding is necessary it may prove harder to come by as MADEP will have to be focusing their limited resources on other matters. For information on GEC's qualifications in conducting MCP Response Actions, click here.

But the GW Standards Stay the Same.For Now

Despite the recent changes to the MCP, one thing that remained unchanged for the moment is the MCP Numerical Standards for Groundwater, also referred to as the GW-2 standards. Changes to these standards have been in the works for several years, but have yet to be implemented. Proposed changes are still in the public comment phase of revision.

As we noted in previous newsletters, changes to the standards reflect a revised understanding of the risk associated with certain compounds and the concentrations present in "background." MADEP proposes reducing the GW-2 standard for approximately twenty-seven compounds and increasing the standard for four. In GEC's opinion, many of the changes are for relatively rare contaminants but others - including tetrachloroethene (PCE), trichloroethene (TCE) and dichloroethene (cis, 1,2-DCE and trans 1,2-DCE) - are common contaminants or breakdown products of common contaminants. If the standards are lowered in the future it will be that much more difficult to demonstrate a condition of no significant risk at disposal site, especially where potential indoor air impacts must be evaluated.

For information on GEC's qualifications in mitigating OHM releases, click here.

DQO - Get Used To It

The Data Quality Objectives (DQO) policy went into effect August 1, 2003. Though not directly linked to the revisions to the MCP, DQO will change how laboratory analysis is completed at disposal sites.

The MCP has always required that "analytical data and environmental monitoring data be scientifically valid and defensible and of a level of precision and accuracy commensurate with its stated or intended use." But just how to validate and defend the data has been left up to the LSP and performance standards have been lacking. Now there are two means by which data may be determine valid and defensible. The first is the use of data that meets the standard of "Presumptive Certainty," a rigorous standard that includes sample collection, handling, analysis, reporting and review procedures. Those parties using presumptive certainty will be assured that reviewers will accept data as valid - i.e., that is satisfies the QA/QC requirements and meets the test of data usability.

As noted in the MADEP's Compendium of Analytical Methods, parties who elect not to utilize Presumptive Certainty have the same obligation they have always had to demonstrate and document an overall level of data usability and representativeness adequate for its intended use.

GEC has always given thoughtful consideration to sampling and analytical methods and therefore the implementation of the DQO policy does not represent a new burden. However, GEC believes that the additional documentation associated with demonstrating either presumptive certainly or otherwise defending sampling of analytical approaches may prove time consuming at some sites.

Mold Damage and Insurance Claims

After a humid summer and seemingly never-ending reports of New England schools being shut down by indoor air concerns, insurance claims from mold damage have again received national attention. Until recent years, very few insurance policies mentioned anything about mold or mildew damage at all, but mold and mildew damage exclusions are now common, with varyingly explicit policies. Two of the reasons insurance providers and claimants struggle with this issue are (1) health expenses claimed against mold damage are difficult, if not impossible to prove and (2) it is rarely easy to distinguish between cases of structural damage caused by mold and by water damage. This second "chicken and egg" type problem - which damaged first, the water or the mold? - is a tough one, and was recently brought to the surface right here in Massachusetts. After newly-installed air conditioning units trapped outside muggy air within the building's walls, Mattapoisett's Old Hammondtown School was temporarily shut down and extensive repairs were required - totaling over $500,000. The town's claim to the school's insurer was rejected under a mold exemption clause in the policy. The town may now "re-"attempt to claim the damage - this time under a water damage provision. The town is also considering legal action against the contractor who installed the presumably faulty air-conditioning system.

Insurance and liability issues are rarely simple and often convoluted, but mold issues are certainly some of the most complex tackled yet.

GEC offers Mold Contingency Plans for clients wishing to gain mold liability protection for their facilities. Mold Contingency Plans are customized written protocols and worksheets that can help minimize the likelihood of your facility falling prey to mold infestation and damage. For more information on GEC's mold services, click here.

HAZWOPER Training

What do you do when a client hires a construction contractor to work on your disposal site but then tells you the contractor has no OSHA training? You train them. GEC recently completed 40-hour HAZWOPER training for a construction team redeveloping an abandoned Superfund site. The class was customized to include the specific worksite chemical hazards and construction activities, as well as required topics for compliance with OSHA's 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response standard (HAZWOPER). Graduates were trained in spill response, emergency procedures, evacuation, hazard recognition, material safety data sheets and much more. Training was completed at the construction site to further individualize the experience and allow for site-specific questions and answers.

If your company is interested in 8, 24 or 40-hour HAZWOPER training, contact GEC's Manager of Environmental, Health and Safety, Neil Inglis. GEC can tailor a class to your particular needs.

Exciting Changes

GEC is extremely excited to announce the recent arrival of Brian Donahoe and John (Jack) Carota to GEC. Actually, Brian has been with us through the summer so he is not really "recent" but both represent exciting changes at GEC.

Brian comes to GEC from Jacobs Engineering and brings with him a wealth of regional and national experience. Brian will lead the Environmental Services group concentrating on Title V, wetlands and waterways, site development and other environmental engineering projects. He will be working both at the sites and behind the scenes supporting our other staff. Brian comes to GEC after years with Jacobs and other consulting firms and ten years in the regulatory arena with the MADEP.

Jack also comes to GEC from Jacobs and brings tremendous engineering capabilities. Jack is a Professional Engineer (P.E.) licensed in civil and structural engineering in Massachusetts, Pennsylvania, Virginia and Maine. He will be working closely with Brian Donahoe but will also lend his engineering skills to GEC's existing soil and groundwater remediation projects. Jack brings to GEC both large and small project management experience, teaching, design and construction experience with the knowledge and skills to interface with multi-discipline tasks and projects.

GEC views the addition of Brian and Jack as a huge enhancement of our skill set and tremendously increases the spectrum of projects we are able to tackle. We are currently working on several Title V, landfill closure and wetland projects that we might not have otherwise had the confidence to complete. Further, their experience and capabilities further increases our depth of knowledge with respect to our existing capabilities. For example, we are using Brian's intimate knowledge of wetland and flood processes to fine-tune a risk characterization at an industrial site. GEC looks forward to a long and prosperous relationship with both Brian and John.

For information regarding GEC's new and improved Title V design and maintenance capabilities, click here.

[October 2003]