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LSPA Announces March 2021 Compliance Tip

The following LSPA compliance tip was presented at the March 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on March 16, 2021.  

Compliance Tip of the Month

The four criteria for a Tier I site are related to IRA conditions, and a Tier I site cannot be initially classified or reclassified as Tier II until the IRA condition has been resolved and an IRA Completion Statement has been filed.  If a site meets at least one of these criteria it must be classified as Tier I:  evidence of groundwater contamination with OHM at concentrations equal to or exceeding the applicable RCGW-1 Reportable Concentration at a location within an Interim Wellhead Protection Area or Zone II, or within 500 feet of a Private Water Supply Well; 2) an Imminent Hazard is present; 3) one or more remedial actions are required as part of an IRA pursuant to 310 CMR 40.0414(2); or 4) an IRA is necessary to eliminate or mitigate a Critical Exposure Pathway pursuant to 310 CMR 40.0414(3).  

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LSPA Presents February 2021 Compliance Tip

The following LSPA compliance tip was presented at the February 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on February 9, 2021.  

Not all LSP Board-approved “Regulatory” continuing education credits are also “DEP Course” credits. To qualify as a “DEP Course,” an otherwise qualifying course must also be “taught in whole or in substantial part by Department of Environmental Protection personnel.” Only those credits specifically listed as “DEP Regulatory” can be applied toward both the 12-credit DEP Course requirement and the eight-credit Regulatory requirement.  

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LSPA Unveils December 2020 Compliance Tip

The following LSPA compliance tip was presented at the December 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on December 15, 2020.  

During the COVID-19 State of Emergency declared by the Governor, MassDEP will apply its enforcement discretion with respect to the use of email to send notices to local officials provided that the sender employs some way of confirming that the intended recipient has received the email (e.g., using the read receipt function or requesting an email response confirming receipt).

It is expected that the proposed MCP amendments in the 2019 public hearing draft would allow email notification of local officials.


Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

MassDEP Drinking Water Program: Private Wells PFAS Sampling Program

At MassDEP's Bureau of Waste Site Cleanup (BWSC) December 3, 2020 Office Hours meeting, Paul Locke, Assistant Commissioner, announced that MassDEP's Drinking Water Program is kicking off its private well sampling program for PFAS compounds. Linked here are pertinent materials with more details:
 
Letter and FAQ about the MassDEP Private Wells PFAS Sampling Program
 
 
 
Check here to see recordings of Office Hours meetings.

MassDEP Establishes Final PFAS MCL and Updates

The LSPA received the following email, addressed to public water suppliers, from MassDEP's Drinking Water Program, with information and details on the October 2, 2020 publication of final regulations establishing a 20 parts per trillion (ppt) drinking water standard, or a Maximum Contaminant Level (MCL), for the sum of six per- and polyfluoroalkyl substances (PFAS). 
September 24, 2020
 
Re:  Final PFAS Maximum Contaminant Level (MCL) and Updates
 
Dear Public Water Suppliers:
 
On October 2, 2020, the Massachusetts Department of Environmental Protection (MassDEP) will publish final regulations establishing a drinking water standard, or a Maximum Contaminant Level (MCL), for the sum of six per- and polyfluoroalkyl substances (PFAS). The MCL is 20 parts per trillion (ppt) for what the regulations call PFAS6, or the sum of six PFAS compounds: perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). PFAS are a family of chemicals widely used since the 1950s to manufacture common consumer products. They have been linked to a variety of health risks, particularly in women who are pregnant or nursing, and in infants. In using the sum of six PFAS compounds, the new standard protects public health for sensitive subgroups including pregnant women, nursing mothers and infants.

Of special interest in the new regulations, Public Water Supplies (PWS) in the Community (COM) and Non-Transient Non-Community (NTNC) categories will begin quarterly sampling for PFAS6:
  • Large COM PWS (>50,000 population) - 1/1/2021
  • Medium PWS (>10,000 & <=50,000 population) - 4/1/2021
  • Small COM and NTNC PWS (<=10,000 population) - 10/1/2021 
Transient Non-Community (TNC) PWS are not subject to the PFAS MCL requirements, but they are required under the regulations to collect one PFAS6 sample by September 30, 2022. Case-specific health assessments of drinking water PFAS6 concentrations at TNC systems can be required under existing authority.

To assist public water suppliers in preparing for and implementing the new PFAS regulations, the Baker-Polito Administration provided funding to MassDEP in the FY 2020 Supplemental Budget for testing for PFAS. I encourage all Public Water Suppliers (PWS) to take full advantage of the Commonwealth's Free PFAS Lab Analyses Program to conduct sampling and analyses for PFAS in your public water system. Testing for PFAS may also enable communities to take advantage of limited funding programs providing grants for remediation design and zero percent loans for construction. The Administration has announced more than $1.9 million in awards to 10 public water supply systems - Ayer, Westfield, Barnstable and Hyannis, Hudson, Millbury, Barnstable and Cummaquid, Acton, Easton, Devens, and Braintree, Holbrook and Randolph - to support their efforts to address PFAS contamination and design treatment systems to eliminate it in their drinking water.
PWS can sign up for free PFAS laboratory analyses at https://www.surveymonkey.com/r/S7QHNF2, or can send a request with the information described in the survey (e.g. PWS name, PWS ID#, # of sources already tested, number of sources to be tested, and system population) to [email protected], Subject: "PFAS free lab analyses."
MassDEP has started accepting applications to certify labs for PFAS analysis. Once labs receive Massachusetts certification they will appear in the Online Searchable Laboratory Certification Listing
 at https://eeaonline.eea.state.ma.us/DEP/Labcert/Labcert.aspx. (Search for Analyte = PFAS and Matrix = Potable (Drinking Water).) Until then, we recommend you use a laboratory from the list of MassDEP DWP approved labs, or use a lab certified by another state or certification authority for the analysis of PFAS; see the National Environmental Laboratory Accreditation Management System.
 
For the complete text of the PFAS regulations, please see: https://www.mass.gov/lists/development-of-a-pfas-drinking-water-standard-mcl. For the press release on the PFAS regulations and grants see https://www.mass.gov/dep. For more about the development of the PFAS regulations, please see https://www.mass.gov/lists/development-of-a-pfas-drinking-water-standard-mcl.
 
If you have any questions please contact me or the MassDEP Drinking Water Program at [email protected]
 
Sincerely,
 
 
Yvette DePeiza
Director, Drinking Water Program
MassDEP/BWR
 
For more information about PFAS and the Department's efforts to address these contaminants, please see: https://www.mass.gov/info-details/per-and-polyfluoroalkyl-substances-pfas.
 

Technical Assistance Grant RFP, Info from MassDEP, and LSPA Summer Plans

TAG Grant RFP Posted on LSPA Job Board
There is a new posting on the LSPA's Job Board for technical assistance at the Olin Chemical Superfund site in Wilmington, MA. The Wilmington Environmental Restoration Committee, Inc. (WERC) is a citizen group of Wilmington and Woburn residents organized in 2007. Their funding is provided through the USEPA's Technical Assistance Grant program. Proposals are due by close of business on Wednesday, August 5, 2020.

Read the RFP posting here.

Governor's New Orders on Licenses and Permitting
At the July 9, 2020 BWSC Office Hours, Paul Locke, BWSC Assistant Commissioner, discussed Executive Order COVID-19 #42 "Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits"
Check out the meeting video here. Starting at about 17:20 minutes, the Assistant Commissioner clarifies state permitting and appeals deadlines and discusses how this may impact those working in areas regulated by BWSC.
 
The BWSC continues to hold weekly office hours every Thursday at 9:00 am. Go here for more details. 
 
Recordings of past office hours can be found here 

Public Involvement Q & A
The BWSC continues to add new items to the MCP Q & A: Covid-19 Edition. The most recent questions pertain to conducting public involvement activities, specifically in these areas:
  • Emailing local officials,
  • Conducting public meetings at PIP sites, and
  • Establishing information repositories.
The MCP Q&A: COVID-19 Edition consists of Questions & Answers about the notification, assessment, cleanup and closure of sites during the COVID-19 State of Emergency. Questions may be submitted to BWSC at [email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the website page.

LSPA Summer Plans
The LSPA plans to hold live webinars and offer several new on-demand, online courses throughout the summer. Please watch your email inbox for announcements, and also check the LSPA's course webpage regularly. In the meantime, if you have suggestions for webinar speakers or topics, don't hesitate to share them with us by writing [email protected].


LSPA Submits Comments to MassDEP on 2019 Proposed MCP Amendments


On Friday, July 19, 2019, at the end of MassDEP's public comment period, the LSPA submitted our comments on the 2019 Proposed MCP Amendments. Our cover letter summarized three key topics of concern: PFAS, Risk Characterization, and Transition Provisions. A separate document included 15 pages of comments.  

As usual, the LSPA process started with a call to members to submit their comments to the LSPA Regulations Committee.  Then committee co-chairs Joe Roman (GEI) and Dan LaFrance (Fuss & O'Neill) assembled a team of "champions" to review, develop, and vet comments.  Many thanks and kudos to that group for an awesome job pulling together a solid draft set of comments.

These comments were reviewed by the LSPA Board and finally by Michele Paul (City of New Bedford), the LSPA's new President. 

We encourage you to share any additional thoughts and comments with the LSPA at [email protected].  


LSPA's June 2019 Compliance Tip

The LSPA presented the following compliance tip at the June Membership Meeting at the Hilton Hotel in Woburn, MA on June 13, 2019.  

COMPLIANCE TIP OF THE MONTH 

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May 2019 LSPA Compliance Tip

The LSPA presented the following compliance tip at the May Membership Meeting at the DoubleTree in Westborough, MA on May 16, 2019.  

COMPLIANCE TIP OF THE MONTH 

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Proposed MCP Revisions Available

The proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000) are now available on MassDEP's website at: https://www.mass.gov/lists/2019-proposed-mcp-revisions and a Public Hearing Notice has been published in the Massachusetts Register. This will kick-off an extended 3-month long public comment period that will end July 19, 2019, and will include five public hearings at MassDEP Offices across the state and additional meetings as needed/requested.
 
The purpose of the proposed revisions is to update and clarify existing provisions for the notification, assessment and cleanup of oil and/or hazardous material contamination in the environment to ensure that actions are performed in a timely manner, are appropriately monitored and documented, and achieve of a level of No Significant Risk that is protective of public health and the environment.
 
The proposals include, but are not limited to:
  • Clarification and modification of provisions related to notification, Imminent Hazards, Tier Classification and Extensions, Remedial Additives, Status Reports, Remedial Monitoring Reports, Temporary Solutions, Active Exposure Pathway Mitigation Measures, Exposure Point Concentrations, Activity and Use Limitations, and public involvement;
  • New adequately regulated provisions for disposal sites with Radioactive Materials;
  • Updates to Reportable Concentrations (RCs) and numerical cleanup standards (Method 1) for a limited number of chemicals; and
  • The addition of RCs and Method 1 standards for six perfluoroalkyl substances-Perfluoroheptanoic Acid (PFHpA), Perfluorohexanesulfonic Acid (PFHxS), Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonate (PFOS), Perfluorononanoic Acid (PFNA) and Perfluorodecanoic Acid (PFDA)-emerging contaminants of concern for exposure in drinking water.
Questions about the public comment process, the meetings/hearing and/or the proposals may be emailed to [email protected].
 
The LSPA's Regulations Committee will spearhead the LSPA's response to the public comment period; we will send an email to LSPA members with details and deadlines early next week.


Kicking Off the School Year

The LSPA kicked off its “school” year with a great event on September 25th sponsored by Regenesis

We heard a high energy and far ranging talk by Jay Ash, MA Secretary of Housing and Economic Development. Secretary Ash covered topics including his time as Mayor of Chelsea, collaboration with several LSPA members with whom he has worked (all good experiences!), Governor Baker’s bipartisan administration, exciting economic development projects happening statewide, and why he is optimistic about the Massachusetts innovation economy. MassDEP Commissioner Marty Suuberg gave a broad reaching overview of the 25 year privatized program and generously acknowledged the important role of the LSPA in this work. He spoke about MassDEP priorities going forward, including the use of new technology to improve government transparency, emerging contaminants, climate change and resiliency, and brownfields development. Both speakers addressed the value of the work that LSPs and other practitioners do, and its importance to the economic and environmental health of the Commonwealth. 

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MassDEP Posted its Updated VPH Method by GC/PID/FID and Corresponding CAM Protocol

The Massachusetts Department of Environmental Protection has updated its Method for the Determination of Volatile Petroleum Hydrocarbons by Gas Chromatography/Photoionization Detector/Flame Ionization Detector (VPH by GC/PID/FID) and the corresponding CAM protocol, WSC-CAM-IVA, Quality Control Requirements and Performance Standards for the Analysis of Volatile Petroleum Hydrocarbons (VPH) by Gas Chromatography/Photoionization Detector/Flame Ionization Detector in Support of Response Actions under the Massachusetts Contingency Plan. The updates include revised calibration requirements, changes to retention time windows for aliphatic hydrocarbons, required traps for the purge-and-trap process, new requirements for data deliverables, and a series of other minor revisions and clarifications. The revised method may be found here VPH Method by GC/PIC/FID. A complete list of the updates is provided in the preface of the revised method. 

Laboratories that are currently performing VPH by GC/PID/FID must make the necessary adjustments to implement the changes to the method on or before June 1, 2018 to comply with the method requirements and certify that the method is being performed in conformance with the CAM protocol, found here WSC-CAM-IVAIf you have questions about the revised method or CAM protocol, you may contact MassDEP at [email protected].

Record-Breaking Attendance at Western MA Membership Meeting

LSPA’s Western Massachusetts Committee had a record-breaking number of attendees at its membership meeting on Monday, January 29. 

We would like to thank our speakers of the evening: Mr. Jason Barroso, Waste Management, Inc.; Mr. Hugo DelRosso, US Ecology and Ms. Eva Tor, Bureau of Waste Site Cleanup, MassDEP’s Western Regional Office. The speakers addressed the topic of Waste Management Considerations for MCP Projects to an audience of 60+.

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Regulations Committee: January 2018 SAC Meeting 3-minute Update

Isaac Anderson, of Cooperstown Environmental and the LSPA's Regulations Committee, briefly summarizes the following topics from the January 25, 2018 MassDEP BWSC Advisory Committee:

  • MassDEP FY 19 Governor's Budget
  • Schedule for 2018 amendments to 2014 MCP
  • MassDEP internal coordination on PFAS 
  • CAM and Method Updates on VPH
  • Natural Resource Damages regulation development 
  • SSD system telemetry challenges, pilot testing, and guidance document 


More info can be found here:  https://www.mass.gov/service-details/january-25-2018-bwscac-massdep including link to the video of the full meeting.

April Compliance Tip of the Month

April 6, 2017
The LSPA presented the following monthly compliance tip at the April Membership Meeting at Bridgewater State University on April 6, 2017. 

How does one apply Reportable Concentrations and Method 1 Standards when they are equal to the site Oil and Hazardous Materials (OHM) concentrations?


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LSPA Presents March Compliance Tip

March 16, 2017
The LSPA presented the following monthly compliance tip on March 16, 2017. 

“Greener Cleanup evaluations” or considerations are not only called out in the MCP under Phase III (Detailed Evaluation Criteria for selecting a comprehensive remedy at 310 CMR 40.0858[4][c]), but also under Response Action Performance Standard (RAPS) at 310 CMR 40.0191(3)(e). 
 
Therefore, Greener Cleanup practices should be considered in all MCP Phases, except during time critical responses (e.g., “2-hour” and “72-hour” reportable conditions). MassDEP provides assistance in the Greener Cleanups Guidance, WSC #14 – 150 (October 2014).

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

LSPA Comments on MassDEP's DRAFT Fact Sheet Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan

LSPA Comments on MassDEP's DRAFT Fact Sheet Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan.
As the presence of Per- and Polyfluoroalkyl Substances (together, PFAS) become more commonly identified and sampled at MCP sites, LSPs and other practitioners need guidance on sampling protocols, analytical methods, and reporting limits. MassDEP's draft guidance begins to address these issues. LSPA comments are embedded in the draft fact sheet.  

MassDEP Waste Site Cleanup Advisory Committee Meeting

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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LSPA Soliciting Issues for MassDEP's

MassDEP Bureau of Waste Site Cleanup is developing a "trailer package" to the 2014 MCP amendments; this package is intended to be a combination of new items that have become apparent since the previous MCP update, items held over from the previous regulatory reform discussion, and corrections to issues that have arisen under the new regulations. 
 
If you have items you'd like considered for MassDEP's trailer package, please reach out to us with an explanation of the issue and what you think needs refining. 
 
The LSPA Regulations Committee will be preparing a submittal for the LSPA Board to review and then submit to MassDEP. This document will comment on topics that MassDEP plans to present for inclusion in the trailer package as well as propose additional topics that the LSPA believes MassDEP should include. 
 
Comments should be sent to us by Wednesday, August 31.  
 
We appreciate your input.
David E. Leone, LSP, Senior Project Manager, GZA, [email protected]
David Foss, LSP, Principal Hydrogeologist, Wilcox & Barton, [email protected]
 
LSPA Regulations Committee Co-Chairs
 

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

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