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Mass. DEP says Subpart I Q&A complete; AUL guidance nearing publication
Summary
Massachusetts Department of Environmental Protection staff reported that a Subpart I Q&A addressing coal-tar waste issues is finalized and that an AUL guidance document led by Peggy Shaw is close to posting after public review and coordination with ORS.
Ken Lara, policy and program development at the Massachusetts Department of Environmental Protection, briefed stakeholders on the agency’s progress implementing the 2024 regulatory amendments, saying the Subpart I Q&A is finished and an AUL (Activity and Use Limitation) guidance document is nearly ready for publication.
The updates matter because the Subpart I Q&A addresses longstanding confusion about coal-tar waste deposits and how the 2024 amendments apply during site assessment and cleanup. "The Subpart I Q and A was a major piece of work," Lara said, adding that the agency drafted the answers in collaboration with the LSP association and National Grid to clarify application of the new rules.
Lara said the Q&A also details technical matters such as exposure-point concentrations, sampling methods, and the use of caps and engineered barriers. He stated the Q&A has been updated through Nov. 1 and that a remaining "final installment" will cover the remaining topics not yet completed.
On the AUL guidance, Lara credited Peggy Shaw as the lead and said the interim guidance was released for public review, with the "last public review look" occurring in March and the comment period closing in June. He said the draft incorporates public comments dating back to 2010 and 2014, folds in provisions from the 2024 amendments, and includes clarifications driven by program experience. "The AUL guidance document is a major piece of work that's nearing the finish line," Lara said.
Lara said Peggy Shaw is incorporating comments with attention to consistency with other agency documents, specifically draft risk-characterization documents, and is coordinating with ORS to align language and expectations. He said Millie will perform one final review—what he described as the "beauty pageant test"—before the guidance is signed and posted. Contact information for Peggy Shaw was made available during the presentation (contact details not specified in the transcript).
The briefing did not include formal votes or regulatory decisions; it reported the status of two guidance products and next steps toward publication. Lara said the AUL guidance and the remaining Q&A installment should be posted soon, and the presentation moved on to the next slide.
