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MassDEP developing soils-reuse policy for large-scale imports, stresses public participation
Summary
MassDEP staff said a soils-reuse policy for 21E sites is in active development, will require permanent solutions at receiving sites and broad public involvement for large imports ("on the order of 500,000 cubic yards"). A draft is expected for external review this fall.
Unidentified Speaker 2, a MassDEP program staff member, said the soils-reuse policy is an extensive cross-office effort that will affect 21E sites and the importation of soils. They said the policy is being vetted with environmental justice staff, the Office of General Counsel, regional directors, deputy regional directors, and the commissioner's office.
"This is a policy that, basically, it's being vetted across up down, given that it's it affects directly, and it's applicable applicable specifically, to 21 east sites and, as it pertains to the importation of soils at 21 east sites," Unidentified Speaker 2 said, characterizing the scope.
Unidentified Speaker 1 explained the policy rests on two major components: a permanent solution at the receiving site (completed Phase II and Phase III characterization and justification that reuse will achieve no significant risk) and a strong public-involvement process for large-scale imports. "Since we're talking about large scale operations, probably, you know, on the order of 500,000 cubic yards, this will require and involve public participation and approvals for this to go forward," Unidentified Speaker 1 said.
Staff outlined where technical acceptance criteria may appear: some requirements will be in policy appendices, others in site-specific soil management plans or Administrative Consent Orders. Examples listed included activity and use limitations (AULs), financial assurance/monitoring (FAMs), sampling and monitoring requirements, pH limits, and controls for traffic and fugitive dust.
Unidentified Speaker 1 said the team has met all summer, expects to conclude internal briefings with the commissioner's office and Office of General Counsel, and aims to have a complete draft for external review "sometime this fall," while acknowledging timing is tentative.
The discussion did not result in any formal vote; staff framed the work as draft policy development and inter-office coordination.
