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MassDEP's draft guidance document on vapor intrusion has been published here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

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 Gerard.Martin@state.ma.us 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.

By:  Larry Feldman, LSP, Senior Principal, GZA GeoEnvironmental, and LSPA Past President

On May 29, 2014 the LSPA Scholarship Fund held its first annual fund-raising golf tournament. Originally conceived of at the annual Past Presidents meeting last summer as a means to raise a targeted amount of $3,500 for the LSPA Scholarship Fund, the tournament actually netted over three times that amount - $11,000 - for the Fund, which celebrates its 10th anniversary this year.  Over 100 golfers enjoyed a beautiful day, a well-maintained course (Highfields in Grafton), and a hearty post-golf repast.  Prizes were awarded for best-ball team scores and individual skill accomplishments, and a raffle stocked with both golf-related and non-golf related items allowed all the chance to win while supporting the LSPA Scholarship Fund. Photographs of the event, taken by LSPA member and professional photographer Tom Barrasso, are available here.   

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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.   

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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)

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.