In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the MCP regulations. 

Provided below is a summary of the new regulations on a variety of topics not covered by previous LSPA email blasts. This information was developed and is provided on behalf of the LSPA only; it does not represent MassDEP guidance or other input. 

In 2020, the LSPA formed a Climate Change Subcommittee (of the Technical Practices Committee) to consider how waste site cleanup practitioners might address anticipated MCP amendments on that topic. In 2022, the subcommittee produced and shared a Climate Change Toolkit. Now, the MCP Amendments are final and it’s time to start using the toolkit! 

The new MCP includes climate change-related language in specific sections on these topics: 

The following LSPA practice tip was introduced at the January 2024 Membership Meeting, which was held remotely on January 17, 2024 via Zoom.  

Practice Tip of the Month

Upcoming LSP Exam

The LSP Board of Registration website notes that the next LSP exam will be held on February 26, 2024. 

In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the MCP regulations. 

The links below provide summaries of the three Sampling and Exposure Point Concentration topics that have materially changed from the 2019 regulations:

The LSPA received the following email from MassDEP's Bureau of Waste Site Cleanup on Friday. 

Dear Waste Site Cleanup Program stakeholder,

The following LSPA compliance tip was introduced at the December 2023 Membership Meeting, which was held remotely on December 12, 2023 via Zoom.  

Compliance Tip of the Month

On November 20, 2023, the LSPA sent a white paper to MassDEP entitled “Recommendations for Risk Management Under the MCP for Trichloroethene Exposures Based on Updated Toxicological Information.” The paper was prepared under the auspices of the LSPA’s Technical Practices Committee by Jay Peters of Haley & Aldrich, Inc. and Marie Rudiman of EnviroRisk Solutions, LLC. 

Based on evaluation of the updated scientific evidence referenced in this paper, the LSPA concurs with the findings of EPA studies and others that the association of TCE exposure with congenital heart defects (CHDs) is not scientifically supported. The LSPA proposes that MassDEP seriously reconsider and reevaluate the weight of evidence for TCE-induced CHDs and revise its risk management framework for TCE to be based on the chronic immunological endpoint, rather than the developmental effects endpoint. The paper notes that this would have the following implications for the regulation of TCE in Massachusetts:

In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the new regulations. 

Provided below is a brief summary of the new regulations on the topics of

Tips for Developing Your LSP Application and Taking the Exam

Click here to read Ten Tips for Developing Your LSP Exam Application

Congrats to New LSPs

 Ten New LSPs Join the Ranks

The LSP Board of Registration recently announced that the following ten new LSPs passed the exam in early November. The LSPA congratulates each of them on this impressive accomplishment and applauds this new milestone in their practice. 

Provided below is new information from both US EPA and MassDEP.

Ongoing Updates on MCP-Related Information
Watch this space on the MassDEP website for updates and “related information” on the 2024 MCP. At this time, updates include:

In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the MCP regulations. 

Provided below is a summary of the new regulations on the topic of Active Exposure Pathway Mitigation Measures (AEPMMS). This information was developed and is provided on behalf of the LSPA only; it does not represent MassDEP guidance or other input. MassDEP training is expected to take place in January 2024.

The following LSPA compliance tip was introduced at the November 2023 Membership Meeting, which was held remotely on November 15, 2023 via Zoom.  

Compliance Tip of the Month

The LSPA celebrated its 30^th anniversary in style on October 26^th at beautiful and historic Mechanics Hall in Worcester. Our last annual dinner was in 2019 so this gathering was a reunion of sorts. 30 years and over 300 LSPA members and friends were there. 

It was a great night: 16 LSPA Past Presidents in attendance, an official citation from the Massachusetts State Senate, recognition of Immediate Past President Dave Leone, a Lifetime Achievement Award for Paul Locke, and a viewing of the LSPA’s short video Suspending Disbelief.

The LSPA received notice on October 16, 2023 from MassDEP’s Bureau of Waste Site Cleanup that the updated Compendium of Analytical Methods (CAM) protocols for Trace Metals, WSC-CAM-III A (6010D) and WSC-CAM-III D (6020B), have been posted to MassDEP's website. Also posted are summaries of the significant changes made to the respective existing protocols with these updates.

The effective date for these updated protocols is January 15, 2024. On and after January 15, 2024, any laboratory that is certifying compliance with MassDEP’s CAM protocols for these methods must be complying with these updated protocols. 

MassDEP’s Central Regional Office (CERO) has shared with the LSPA about 40 files containing results from the sampling of non-legacy aqueous film forming foams (AFFFs) for PFAS content. The aim of this 2021 effort was to create a reference of AFFFs deployed at release Sites that would guide MassDEP staff, PRPs, and LSPs as they formulate sampling plans at release Sites where an AFFF has been deployed.  

This effort stems from the fact that, in some cases, AFFF content is not included in ingredients on product Safety Data Sheets or it is assumed that AFFF does not contain PFAS for products manufactured after 2002, around when PFOS was voluntarily phased out from AFFF manufactured by 3M. This can lead parties to conclude that PFAS sampling is not warranted. But that may be an inaccurate assumption. 

The LSPA sent this letter to the Massachusetts Department of Revenue (DOR) following their request for feedback on the implementation of the Massachusetts Brownfields Tax Credit (BTC) regulations (830 CMR 63.38Q.1) which went into effect just over two years ago.  

The LSPA provided comments to MassDOR in February 2021 in an effort to contribute to the clarification and codification of the BTC program. Unfortunately, most of the LSPA members we heard from are disappointed with the new regulations. The LSPA letter provides more details.