MassDEP

As mentioned at the MassDEP Waste Site Cleanup Advisory Committee meeting last month, there will be a meeting on Wednesday, November 16, 2016 to discuss possible revisions to the Massachusetts Contingency Plan provisions concerning Imminent Hazards.

The meeting will be begin at 9:30 am and will be located in Conference Room C on the 2nd floor of MassDEP’s 1 Winter Street, Boston office.  (The duration of the meeting will depend upon the depth and breadth of the discussion. The room is reserved until 12:00 pm.) Please click here for directions.  

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Top Takeaways from October 27, 2016 MassDEP WSCAC Meeting Planned Nov. 16th Meeting on Imminent Hazard Approach

LSPA Regulations Committee members were in attendance at the recent Waste Site Cleanup Advisory Committee (WSCAC) meeting held on October 27, 2016. The meeting was moderated by Paul Locke, and included presentations by Gerard Martin and Liz Callahan. A video of the meeting is available here and slides are available here

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MassDEP Finalizes Vapor Intrusion Guidance

As of Monday, October 17, 2016, MassDEP's Vapor Intrusion guidance document is final.  

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For a Limited Time…
Complimentary Viewing of ASTM’s Standard Guide for Greener Cleanups

Looking to integrate sustainability into your operations? In search of an effective approach to reducing energy usage and waste as you work towards protecting public health and the environment?

More and more, organizations are using ASTM E2893 Standard Guide for Greener Cleanups to reduce their environmental footprint while achieving cleanup objectives. This EPA-endorsed standard provides a step-by-step approach to reduce energy, water and materials use during the investigation and remediation of hazardous waste sites.

In partnership with the U.S. Environmental Protection Agency, ASTM is offering a complimentary, 2-month viewing period (September 28 – November 30) for this standard. Don’t miss this opportunity to become familiar with a standard designed to help incorporate more sustainable practices into your organization’s work. For complementary viewing of the Standard, go to www.astm.org/E2893-16


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The LSPA received the following information from MassDEP regarding eDEP Updates. Please read carefully!

July 28, 2016 New, revised BWSC104 Permanent and Temporary Solution Statement Form

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LSPA Requests Your Comments on Draft Technical Update 

MassDEP has recently released the Historic Fill / Anthropogenic Background Public Comment DRAFT Technical Update. A copy is available here on the MassDEP website. The LSPA Regulations Committee is assembling comments on this 12-page draft guidance document and would like your input. Please send your comments, suggestions, and revisions to the LSPA Regulations Committee Co-Chairs by Wednesday, June 29, 2016. Click here for more information about how to do this.

Court Decides Peterborough Oil vs. MassDEP 

On June 6, 2016, the Massachusetts Supreme Judicial Court issued its opinion in Peterborough Oil Co. v. MassDEP upholding MassDEP’s interpretation that the word “oil” in the Zone II exemption does not include leaded gasoline.   Read on for a brief summary of the decision.  The LSPA submitted an amicus brief in this case.  

LSPA Comments on MassDEP's Second Public Review Draft LNAPL Guidance 

The LSPA submitted comments on December 18, 2015 to MassDEP on its Second Public Review Draft of Light Nonaqueous Phase Liquids (LNAPL) and the MCP: Guidance for Site Assessment and Closure, Policy #WSC‐14‐450. Read our cover letter and comments

MassDEP Bureau of Waste Site Cleanup Updates 

The second public review draft of the Light Nonaqueous Phase Liquid (LNAPL) Guidance is posted under “Draft Policies & Guidance” here.  This document has been updated to reflect public comments received on the first (July 2014) draft.  BWSC will be holding a meeting on the revised draft on Thursday November 12, 2015 at 10:00 am at MassDEP’s Boston Office, One Winter Street 2nd floor conference rooms A & B.  Please submit any written comments on the second public hearing draft by Friday December 18, 2015 to [email protected]

LSPA Files Amicus Brief with MA Supreme Judicial Court  

On September 30, 2015, the LSPA filed an Amicus Curiae (“Friend of the Court”) brief with the Commonwealth of Massachusetts Supreme Judicial Court in the case of Peterborough Oil Company, LLC v. Department of Environmental Protection.  The case is on appeal from Worcester County Superior Court.   

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LSPA Comments on MassDEP's Draft Interim Policy on Reclamation Soils 

The LSPA submitted comments to MassDEP on its Draft Interim Policy on Reclamation Soil. Read our letter.  

MassDEP Publishes Draft Interim Policy on Reclamation Soils

MassDEP has prepared a DRAFT Interim Policy on the Re-Use of Soil for Large Reclamation Projects; the draft policy is now available on MassDEP’s Reclamation Soil blog (https://reclamationsoil.wordpress.com/).  Comments are due to MassDEP by June 17, 2015.  
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LSPA Seeks Comments from Members on MassDEP's Draft Vapor Intrusion Guidance

MassDEP's draft guidance document on vapor intrusion has been published here

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LSPA Submits Comments to MassDEP on Public Review Draft, Vapor Intrusion Guidance 

The LSPA sent a cover letter and matrix of comments to MassDEP on its October 2014 Public Review Draft of Vapor Intrusion Guidance, Policy #WSC-14-435.

LSPA Submits Comments to MassDEP on Public Review Draft, Vapor Intrusion Guidance 

The LSPA sent a cover letter and matrix of comments to MassDEP on its October 2014 Public Review Draft of Vapor Intrusion Guidance, Policy #WSC-14-435.

Overview of 2014 MCP 2014 Regulatory Changes: Characterizing and Closing Out NAPL Sites 

The LSPA has prepared an overview as part of a series of topic discussions and resourc  MCP 2014 Regulatory Changes es pertaining to the 2014 MCP changes; this first in the series provides a discussion of key aspects of  the investigation and closure of NAPL sites. Read more.

MassDEP Publishes Guidance on Best Management Practices ("BMPs") for Non-Commercial Gardening at Disposal Sites, WSC # 14-910.

December 2014

MassDEP's Vapor Intrusion Draft Guidance

The public review draft of the Vapor Intrusion Guidance is now posted here.  MassDEP will be holding a pre-comment stakeholder discussion of this draft on December 11, 2014, MassDEP, One Winter Street, Boston, 2nd floor, from 9:30 am to noon.  Written comments on this public review draft should be submitted to [email protected] by February 2, 2015.

LSPA Submits Comments on MassDEP's Draft Activity and Use Limitations (AUL) Guidance

On September 22, 2014, the LSPA sent a letter and submitted comments to MassDEP on its June 2014 Public Review Draft, "Guidance on Implementing Activity and Use Limitations – Policy #WSC14-300". MassDEP is revising its guidance on AULs to accompany the newly amended MCP.

Updated TCE Documents

MassDEP has recently made minor revisions to two TCE-related documents (last updated in March, 2014):

  1. TCE Toxicity Information:  Implications for Chronic and Shorter-Term Exposure – Fact Sheet (August 15, 2014)
  1. EPA Trichloroethylene Toxicity Values and ORS Recommendations Regarding Remediation Targets & Timeframes to Address Potential Developmental Risks (August 15, 2014)