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Ten Takeaways from MassDEP’s March 19, 2021 Waste Site Cleanup Advisory Committee (WSCAC) Meeting

Members of the LSPA Regulations Committee sat in on this meeting (see the recording here) and present the following takeaways, in no particular order.

  • 2019 MCP Revisions. The MCP amendments continue to be edited and revised in response to comments. Once finalized, which is expected to be “later this spring,” they will go into effect (with a grace period), and MassDEP will provide training and updated risk guidance.
  • Private Well Sampling and IH Level of 90 ppt.  MassDEP is communicating with local Boards of Health and private well owners in ~80 towns that rely primarily on private water sources. MassDEP is aiming to collect data from both private wells near potential (known) PFAS sources and wells randomly located, as an approach to gaining a better understanding of background levels of PFAS in groundwater. If PFAS is detected in a residential well, a homeowner will not be required to notify MassDEP; in the absence of an identified on-site source, MassDEP will assume that homeowners have Downgradient Property Status, and MassDEP will hold in abeyance the issuance a Notice of Responsibility (NOR). MassDEP will work with homeowners to reduce risk; a drinking water Imminent Hazard PFAS6 concentration of 90 ppt has been established by MassDEP.
  • Multi-Lab Audit Findings.  Ken Marra and Liz Callahan summarized the results of the audit, which was initiated in 2016 and evaluated data packages for VPH/EPH/APH/TO-15. The Multi-Lab Data Audit Report (March 2021) has been posted here. Generally, laboratories did well with the TO-15 and APH analyses. There were potential low bias issues with VPH & EPH analyses in approximately one-half of the data packages, resulting in MassDEP issuing revisions to the VPH methods (February 2018) and EPH methods (December 2019) to clarify the issues. MassDEP does not anticipate doing a systematic review of past submittals relative to the low bias issues identified, but is considering measures for more routine checking of laboratory quality.

    If you are interested in participating in subgroup meetings regarding laboratory data quality, please send an email to [email protected].
  • MassDEP Focus on Environmental Justice.  Deneen Simpson, MassDEP’s Director of Environmental Justice, summarized MassDEP’s work since June 2020 to evaluate the agency’s internal and external culture, practices, and policies related to environmental justice and equity. This work involves regional offices as well as a focus by the Commissioner. MassDEP is working to diversify advisory and stakeholder groups, and has developed and is implementing Environmental Justice Public Involvement Plan Guidance (currently an internal document only) on approaches to  engage diverse communities. MassDEP’s EJ Team meets quarterly. Rishi Reddi is the Director of Environmental Justice at the Executive Office of Energy and Environmental Affairs (EEOA), and the EJ Team also includes Liz Callahan and Peggy Shaw of BWSC. 
  • Refreshing the Waste Site Cleanup Advisory Committee (WSCAC).  MassDEP is evaluating the composition of its stakeholder groups. The WSCAC is not created by statute and therefore MassDEP has flexibility regarding its composition, meeting format, etc. MassDEP would like to expand representation to ensure the full range of program stakeholders and would like to seek additional representation from EJ communities, PIP group members, student representatives, environmental advocacy groups, and/or subject matter experts. The Department is considering establishing term limits, establishing a set meeting schedule (likely quarterly), and varying meeting times and locations. The WSCAC members discussed their thoughts on the various proposals. If you have ideas of how MassDEP might conduct outreach to expand the representation of the advisory committee, please email [email protected].
  • Office Hours and WSCAC Meetings.  MassDEP expects to continue holding virtual meetings, but anticipates switching from the Zoom platform to another platform for its Thursday morning “office hours” and WSCAC meetings.  The frequency of weekly office hours will probably be reduced, and WSCAC meetings will likely be held quarterly.
  • Brownfields Tax Credits. The Massachusetts Department of Revenue is considering comments on its proposed new brownfields tax credit regulations.  An interagency workgroup has recently conducted listening sessions about the brownfields tax credit program.  They expect to have workgroup findings within a couple of months.
  • Searching for COCs on Waste Site/Spills Look Up.  Paul Locke confirmed that it is not possible for the public or MassDEP to search the site lookup database by COCs.
  • BWSC Grant Programs update.  Liz Callahan provided an update on various grant programs, including:
    • Natural Resource Damages – grant opportunity related to Former National Fireworks Site in Hanover
    • Technical Assistance
    • Marine Oil Spill Prevention & Response

LSPA Members Identify Their Priority Issues

On February 1, 2021, the LSPA sent an email blast to all members asking them to rank nine practice issues, involving various regulations, policies, and programs, in order of importance to them.  Our intent was to help focus our resource and advocacy efforts on the issues most important to our members.  

We received responses from about 20% of our members (lower than usual for LSPA surveys) and you told us that your top three issues were:
  1. Finalize outstanding guidance/policies: AULs, Engineered Barriers, Historic Fill, etc. (MassDEP)
  2. Soil Management: Assist with needed capacity, beneficial uses, PFAS disposal (MassDEP and others)
  3. PFAS: Address background conditions and MCP release exemptions (MassDEP)
Each of these three issues were in the top three choices for over 50% of the respondents. 

Here are the percentages of respondents who listed the other issues as a top three choice:
  1. Asbestos in Soil: Streamline and clarify regulations (MassDEP) – 29%
  2. PFAS Private Well Sampling Program: Address MCP responsibility and liability issues (MassDEP) – 26%
  3. LSP Board of Registration: Update regulations, improve operations (EOEEA) – 23%
  4. 21J Fund: Reconcile LSP decision making and allowed reimbursements (MA Department of Revenue) – 18%
  5. Brownfields Tax Credits: Reconcile LSP decision making and allowed reimbursements (MA Department of Revenue) – 17%
  6. Public Involvement: Update guidance documents (MassDEP) – 8%%
Many thanks to the 60+ members who volunteered to be involved in LSPA efforts to advance these issues; in fact, many respondents volunteered to work on several issues. At this time, LSPA leadership is discussing how best to proceed and we expect that in the coming weeks, an LSPA Board member or Committee Chair will reach out to volunteers to invite them to participate in a committee or focus group, or even help form a new subcommittee. So stay tuned!

We look forward to working together to make some progress on these issues. Please don’t hesitate to contact [email protected] with suggestions and questions.
Michele Paul, LSP
LSPA President

 

News From Recent BWSC Office Hours Meetings

MassDEP’s Bureau of Waste Site Cleanup (BWSC) will hold an Advisory Committee meeting this Friday, March 19, from 9 am to 11 am.  Zoom sign in protocol will be the same as it is for the weekly BWSC Office Hours. Read more here.

The LSPA very much appreciates the Office Hours that occur weekly (except this week) on Thursdays at 9 am. Click here for more information and here to see the library of meeting video recordings.

Below are a few recent tidbits for your information.

PFAS Source Signatures in Coastal Watersheds on Cape Cod
There has been much discussion in the past weeks regarding a paper titled, “Isolating the AFFF Signature in Coastal Watersheds Using Oxidizable PFAS Precursors and Unexplained Organofluorine,” authored by Harvard and USGS scientists Bridger J. Ruyle, Heidi M. Pickard, Denis R. LeBlanc, et al. in Environmental Science & Technology, published by the American Chemical Society, March 1, 2021. More information is here.

The Boston Globe published an article on the study and related issues on March 8, 2021.  

MassDEP Interactive Story Maps on PFAS in Public Water Systems
MassDEP’s website page on PFAS is full of useful information.

The third item on this page, titled PFAS detected in drinking water supplies in Massachusetts, shows a story map with seven tabs that present interactive maps, dashboards and photographs describing the efforts by MassDEP and Public Water Suppliers to address PFAS contamination. Tabs 3 and 4 show which municipalities in the Commonwealth have had their PWSs tested and the status of PFAS detections and responses by public water systems.

Check back regularly for updates.

Technical Assistance Grants
At the March 4 BWSC Office Hours meeting, Liz Callahan, BWSC Acting Division Director, Policy & Program Development, announced that the Technical Assistance Grant (TAG) program provided for in the MCP (310 CMR 40.1450 through 40.1499) is being revitalized after having lapsed since 2011. Liz Callahan reported that DEP is hoping the program will begin in early July 2021. To be added to MassDEP’s Pre-Notice mailing list, please email [email protected].
 
Community groups, municipalities, and others (but not PRPs) are eligible for TAG grants, each of which is expected to be in the ballpark of $15,000. The program is still under development. 
 

 

EOEEA Environmental Dataset Portal: Drinking Water and PFAS6 in Public Wells

At MassDEP's Bureau of Waste Site Cleanup (BWSC) November 12, 2020 Office Hours meeting, Paul Locke, Assistant Commissioner, shared information on a helpful resource: the Massachusetts EOEEA Data Portal, which is comprised of several Environmental Datasets. Datasets include asbestos projects, enforcement actions, and well drilling; also included is the BWSC's Waste Site & Reportable Releases Lookup page. 
 
The focus for this meeting was on the Drinking Water program dataset where one can search by public water system as well as town, class of well (Non-Transient Non-Community, Non-Community, and Community), contaminant group, and chemical name. Many per-fluoroalkyl substances are included in the searchable list of chemicals including, of particular interest - PFAS6.
 
At this time, private well sampling information is not included in this EOEEA database.
 
A link to this portal is also found on MassDEP's PFAS webpage.
 
The weekly BWSC Office Hour meetings are recorded and posted on this YouTube page
 
The discussion of the EOEEA portal begins at 2:15 minutes into the November 12, 2020 meeting and ends at around 15:30 minutes.

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.
 

LSPA PFAS Task Force

The LSPA Board realizes the need for an LSPA PFAS Task Force to cover the ever-changing and consuming topic of PFAS, and are in the process of setting out goals and a charter.  We would like to gauge interest and ask for volunteers now so that we can start to get organized. This sense of urgency stems in part from the formation of a MassDEP PFAS stakeholder group, and the fact that this group already had their first meeting.
 
Information on the MassDEP PFAS stakeholder group can be found here
 
The LSPA should have been on the invite list since we submitted a letter at the "PFAS Petition" hearing.  We have been in touch with the Drinking Water Program, Bureau of Water Resources who tells us the next stakeholder group meeting will be the week of June 17 - no definite date yet.
 
Attending these stakeholder meetings (which are open to the public) will be an initial key task for the group.
 
Please contact Wendy Rundle at [email protected] if you would like to join the LSPA Task Force. 
 
2 Comments

Invitation to Meeting on PFAS Petition (1/16/19, 10:00 @ MassDEP, Boston)


The LSPA received the following email from MassDEP yesterday. Representatives of the LSPA will attend this meeting.

From: Locke, Paul (DEP) <[email protected]>
Date: Thu, Dec 20, 2018 at 4:11 PM
Subject: Invitation to Meeting on PFAS Petition (1/16/19, 10:00 @ MassDEP, Boston)
MassDEP Waste Site Cleanup Stakeholder,
 
The following email was sent to stakeholders of the MassDEP Drinking Water Program, but the information discussed will also be relevant to the Waste Site Cleanup Program. Please consider attending the meeting or viewing online.
-          Paul Locke
-------------------------------------------------------------------------
Paul W. Locke  |  Assistant Commissioner  |  MassDEP Waste Site Cleanup
www.mass.gov/dep  |  [email protected]  |  617-556-1160 

 
MassDEP Drinking Water Stakeholder,
 
I am writing to invite you to participate in a meeting that will be held by MassDEP on Wednesday, January 16, 2019 at 10:00 am at MassDEP's Boston Office.  The purpose of the meeting is to discuss and solicit your feedback on a petition titled: "Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl Substances."  The petition was submitted to MassDEP in October 2018 by the Conservation Law Foundation and Toxics Action Center pursuant to M.G.L. c. 30A, § 4.  MassDEP intends to act in accordance with the relevant provisions of 310 CMR 2.00 et seq., which require MassDEP to hold a meeting to consider the petition, and after the meeting to notify the petitioners of the Department's actions.  The petition, and information about the meeting, is available at: https://www.mass.gov/lists/petition-for-rulemaking-to-establish-a-treatment-technique-drinking-water-standard-for-pfas.
 
At the meeting, the petitioners will have the opportunity to present an overview of their petition.  MassDEP will provide an overview of the Drinking Water program's implementation of the federal Safe Drinking Water Act, including some background on PFAS and an update of actions taken by MassDEP to date.  There will be an opportunity for the public to offer feedback on the petition.  If you would like to offer brief, oral feedback at the meeting, please pre-register by sending an email to [email protected], and include "PFAS Petition Meeting" in the subject line of your email.  Please note that oral feedback will be time-limited in order to ensure that everyone has an opportunity to speak.  MassDEP will also accept written feedback on the petition.  If you would like to submit written feedback, we encourage you to send it electronically in advance of the meeting to [email protected], with the subject line of "PFAS Petition Feedback."  You may also submit feedback in hard copy at any time up to the close of the public meeting.
 
The meeting will be held at MassDEP's offices at One Winter Street, Boston, 2nd floor conference rooms A, B and C, at 10 AM on Wednesday, January 16, 2019.  Directions are available at https://www.mass.gov/service-details/massdep-boston-office.  If you are unable to attend in person, the meeting will be available via live-streaming at https://www.youtube.com/channel/UCswijd-Vuwa0jMR4EroSm8w/live.
 
We look forward to your participation at this meeting.  Please contact the Drinking Water Program at [email protected] with the subject line of "PFAS Petition Questions," or call 617-292-5770 with any questions.
 
 
Sincerely,
Douglas E. Fine
Assistant Commissioner, Bureau of Water Resources
Massachusetts Department of Environmental Protection


EPA Releases Agenda for New England PFAS Community Engagement Event

The LSPA received the below press release from MassDEP.  In the email, Paul Locke noted, "As we have discussed PFAS at the MassDEP WSC Advisory Committee meetings, including the promise of MCP Reportable Concentrations and Method 1 Standards in the upcoming proposed revisions to 310 CMR 40.0000, you may be interested in the following press release from the US EPA."
 
EPA Releases Agenda for New England PFAS Community Engagement Event
 
Boston (June 18, 2018) - Today, the U.S. Environmental Protection Agency (EPA) released an early agenda for the inaugural per- and polyfluoroalkyl substances (PFAS) two-day community engagement event at Exeter High School, 1 Blue Hawk Dr., Exeter, New Hampshire. This event allows EPA to hear directly from New England communities, state, local, and tribal partners on how to best help states and communities facing this issue. 
 
Additional details will be posted on the PFAS Community Engagement website
 
Both days will be open to the public and the press. If you are interested in attending the event on June 25 and/or June 26, please register here: https://www.epa.gov/pfas/forms/pfas-community-engagement-exeter-nh. The public is invited to speak during the June 25 listening session. Those interested in speaking should sign up for a three-minute speaking slot while registering.
 
Please check back at the PFAS Community Engagement website for further information leading up to the event. Citizens are also encouraged to submit written statements to the public docket at https://www.regulations.gov/ enter docket number: OW-2018-0270.
 
New Hampshire marks the first community engagement. Throughout the summer, EPA will visit and similarly engage with additional communities across the country. Information on these upcoming sessions will also be available on the EPA website
 
At the PFAS National Leadership Summit in Washington, D.C. on May 22-23, Administrator Pruitt announced four actions EPA will take:
  • EPA will initiate steps to evaluate the need for a maximum contaminant level (MCL) for PFOA and PFOS. We will convene our federal partners and examine everything we know about PFOA and PFOS in drinking water.
  • EPA is beginning the necessary steps to propose designating PFOA and PFOS as "hazardous substances" through one of the available statutory mechanisms, including potentially CERCLA Section 102.
  • EPA is currently developing groundwater cleanup recommendations for PFOA and PFOS at contaminated sites and will complete this task by fall of this year.
  • EPA is taking action in close collaboration with our federal and state partners to develop toxicity values for GenX and PFBS by this summer. 
The public's input is incredibly valuable and meaningful to EPA. Using information from the National Leadership Summit, public docket, and community engagements, EPA plans to develop a PFAS Management Plan for release later this year. In addition, a summary of the New England community engagement event will be made available on the PFAS Community Engagement website following the event.
 
Additional information can be found at: https://www.epa.gov/pfas/pfas-community-engagement 

MassDEP Finalizes Guidelines for Five PFAS in Drinking Water

MassDEP released drinking water guidelines today for five PFAS chemicals and sent the following information to Public Water Suppliers and other parties.
 

From the Waste Site Cleanup perspective, the background information on the development of the guideline will also serve as background information for Waste Site Cleanup’s soon-to-be-proposed MCP Method 1 GW-1 Standard for PFAS. 

MassDEP expects to keep us up-to-date throughout the summer on the status of the proposed MCP revisions and MassDEP’s approach to PFAS.

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