By:  James J. Decoulos, P.E., LSP; James Curtis, P.E., LSP; Richard Eurich, Esq.; and Arthur Kreiger, Esq.

At the May 8, 2014 LSPA Membership Meeting, the Loss Prevention Committee presented a special program on the complexities of insurance coverage issues at contaminated sites - especially homeowner sites.  This article is intended to provide a brief summary of the issues discussed at the meeting.  Note, it is impossible in this brief article to provide a full discussion of all the relevant issues that come into play in evaluating insurance.  Further, the exact coverage that is provided by a particular policy depends on the language of the policy, and the generalizations discussed at the meeting may not apply.   

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)

• tcestat.doc (360 KB, MS Word)
• tcestat.pdf (764 KB, PDF)

1. EPA Trichloroethylene Toxicity Values and ORS Recommendations Regarding Remediation Targets & Timeframes to Address Potential Developmental Risks (August 15, 2014)

• tcevalsm.doc (245 KB, MS Word)
• tcevalsm.pdf (186 KB, PDF)

Provisions of the Amended MCP are Fully in Effect

The 2014 MCP is fully in effect.  While most provisions took effect on June 20, 2014, there were certain regulations that became effective on April 25, 2014.  The "unofficial" version of the MCP is available on the DEP website, along with new MCP Questions and Answers.

Request for Information on EPH Results

by: The LSPA Technical Practices Committee

LSPA Awards WES Professional Practice Grant to Haley & Aldrich Team

The LSPA is pleased to announce that a WES Professional Practice Grant has been awarded to the Haley & Aldrich team of Richard Rago, Kristina McCarthy, and Jane Parkin Kullman for their  proposal entitled “Background Indoor Air Levels of Volatile Organic Compounds (VOCs) and Air-Phase Petroleum Hydrocarbons (APH) in Office Buildings, Commercial Buildings, and Schools."  This is the first WES Grant awarded since its inception.

By:  Denise Kmetzo, DABT, Collaborative Risk Solutions, and Technical Practices Committee

Tetrachloroethylene, or PCE, is recognized as a toxic chemical and is considered likely to be carcinogenic in humans by all routes of exposure. The degree of its toxicity has been debated for years, especially for the inhalation route of exposure. Two years ago, the EPA finalized PCE toxicity factors, including an inhalation Unit Risk (UR) factor, which is used to assess carcinogenic risk via inhalation. The LSPA encouraged MassDEP to adopt the EPA toxicity values, including the UR. Instead, during its recent reevaluation of PCE toxicity, MassDEP’s Office of Research and Standards (ORS) relied upon a UR for PCE that it had previously derived.  In January 2014, MassDEP released an updated PCE UR which is lower (i.e., less conservative) than MassDEP’s previously derived value, but remains greater than ten times higher (i.e., more conservative) than the EPA value.  

Redevelop Brownfields Safely

Read the Boston Globe editorial "Redevelop brownfields safely - new state rules will help" (April 14, 2014). An LSPA letter provided background info.

LSPA Request for an LSP Licensing Exam in May or June 2014

Read the LSPA’s April 4, 2014 letter to the LSP Board of Registration urging them to offer the LSP licensing exam in May or June 2014.  At its April 17, 2014 meeting, the LSP Board voted to offer the exam.

LSPA Comments to MassDEP on Proposed Underground Storage Tank Regulations

On March 31, 2014, the LSPA submitted comments to MassDEP on the Proposed Underground Storage Tank Regulations, including 310 CMR 80.00.

LSPA Letter to the Editor on Revised Soil Standards

The LSPA’s Letter to the Editor was published in Boston Globe letters section. The letter was in response to a front-page February 23, 2014 Boston Globe article that drew the ire of many LSPA members.  

LSPA’s 17-minute video “Suspending Disbelief”

Watch the LSPA’s 17-minute video “Suspending Disbelief,” developed to commemorate the 20th anniversary of the creation of Massachusetts’ privatized hazardous waste site cleanup program, the Licensed Site Professional (LSP), and the formation of the LSP Association.