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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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MassDEP Finalizes Policy on the Re-Use of Soil for Large Reclamation Projects

MassDEP’s Interim Policy on the Re-Use of Soil for Large Reclamation Projects (#COMM-15-01) is final and may be found here.   

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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.  

LSPA Board of Directors Elected 

The LSPA membership has elected Susan O'Brien, LSP of Amec Foster Wheeler, for a first term on the LSPA Board.  Two current Board members were re-elected for second terms:  Mike Billa, LSP of Tetra Tech, and Mike Penzo, LSP, Consulting Hydrogeologist.  They were each elected for three year terms and will take office on July 1, 2015.  

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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Massachusetts Geological Society is Formed

The LSPA has learned about the recent formation of the Massachusetts Geological Society. http://MassGeoSociety.org

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Governor Baker Issues Executive Order to Reduce Unnecessary Regulatory Burden

On March 31, 2015, Governor Baker issued Executive Order No. 562 requiring all state agencies to review regulations based on a variety of criteria found in the document.  Read some reactions here

What a difference a few weeks can make.   As we write, the sun is shining and the once looming snow banks are quickly turning to puddles.  Just a few weeks ago it was a much different picture.  

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Scholarship Fund is Now Accepting Applications for Educational Scholarships

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Call for Golfers: May 26, 2015 LSPA Scholarship Fund 2nd Annual Golf Tournament

Sign up here to become a sponsor and to play.

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.

By: Wesley E. Stimpson, Technical Practices Committee

The recent revisions to the MCP, most of which became effective June 20, 2014, substantially change how sites with NAPL are characterized and moved through the MCP process.  In addition to some new terminology, MassDEP has embraced the fundamental scientific principles describing the behavior of fluid flow in porous media necessary to assess NAPL in subsurface strata.  PRPs are now asked to provide multiple lines of evidence to support any endpoint conclusions, and MassDEP will be looking for more data than has historically been provided in support of closing out this type of disposal sites.  The NAPL Upper Concentration Limit of 0.5 inches no longer needs to be met, and in fact is no longer available to be used as a component for obtaining an endpoint. 

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By: Jeanine Grachuk, Esq.; Beveridge & Diamond, P.C.; and Loss Prevention Committee member 

When doing any project, consider whether local Board of Health, Planning Board, Wetlands or other municipal ordinances, bylaws, or regulations could limit or restrict your planned work.  Local rules may impact site cleanup by requiring an additional permit or approval or by imposing stricter requirements.  An unusual case-in-point is a set of regulations adopted by the Town of Dartmouth Board of Health in April 2014 which will have the effect of prohibiting certain types of remediation at properties in Dartmouth, if it withstands judicial scrutiny.  At least one LSP has received an Order to Cease and Desist prohibiting transport of such soils from a property located in Dartmouth being remediated under state cleanup law, bringing the remediation to a halt.  

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By: Wendy Rundle, LSPA Executive Director 

Starting on January 1, 2015, LSPs will have liability protection when they provide voluntary services to emergency and public safety agencies during a natural catastrophe or disaster, at the request of or with the approval of an appropriate federal, state or local official. 

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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.

By: Matt Young, Senior Project Manager Environmental Affairs, Cumberland Gulf Group of Companies  and Dave Leone, LSP, Senior Project Manager, GZA GeoEnvironmental, Inc.

LSPA Regulations Committee members were in attendance at the July 31, 2014 MassDEP Bureau of Waste Site Cleanup pre-comment meeting on the public review draft Activity and Use Limitation (AUL) Guidance. The meeting was an informative and productive start to the draft guidance review process. The meeting was moderated by Liz Callahan, Acting Director Div. of Policy and Program Development, and included a presentation by Peggy Shaw, Esq.,

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

December 2014

LSPA Submits Comments on MassDEP's Draft Guidance for LNAPL Site Assessment and Closure

The LSPA sent a cover letter and a compilation of comments to MassDEP on its July 1, 2014 
Public Review Draft, LNAPL and the MCP: Guidance for Site Assessment and Closure - Policy #WSC-14-450. BWSC is planning a meeting on this topic on December 16, 2014 from 1:00 - 3:30 pm in Boston.