2024 flew by while the LSPA advocated for the waste site cleanup practice and supported practitioners throughout the Commonwealth. We are always eager to review and assess our annual accomplishments and this year is no different. We can’t say “thank you” enough to LSPA members, committees, workgroup leaders, and committee chairs who make this association successful. We also applaud our annual and event sponsors who underwrite our work; we appreciate your confidence in our ability to carry out our mission. Below are some 2024 highlights.  

BWSC Advisory Committee Meeting Highlights

MassDEP’s Bureau of Waste Site Cleanup (BWSC) Advisory Committee meeting was held on November 21, 2024. The meeting agenda, meeting slides, and a YouTube meeting video are all available here. The LSPA’s key takeaways are below.

• AUL Guidance is “nearing the finish line” and expected to be final by early 2025. MassDEP is continuing to review and incorporate comments received, and ensuring consistency with other documents – e.g., Risk Characterization guidance. Contact Margaret Shaw at [email protected] with questions.
• Soils Reuse Update: The COMM-24 Soils Policy is currently under review by MassDEP senior staff. This policy would allow reuse of contaminated soils at other 21E sites at levels greater than currently allowed by COMM-15. There will be a public review of the draft policy before it is finalized. At this time, major acceptance requirements include but are not limited to: must result in achievement of a Permanent Solution, must include a public involvement process, and at least 250,000 cubic yards of soil must be moved.  
• The PFAS Q&A is under review by senior staff and expected to be released in early 2025.  For PFAS questions, contact John Ziegler, LSP, at [email protected].
• The Western Regional Office has a new Deputy Regional Director (DRD): Tamara Cardona-Marek, Ph.D. She replaces Catherine Skiba who was the most recent Acting DRD.

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:

The following LSPA practice tip was introduced at the February 2023 Membership Meeting, which was held virtually on February 15,  2023.  

Practice Tip of the Month: 
Administrative issues with Activity and Use Limitations (AULs) commonly result in the issuance of Notices of Noncompliance. One helpful tool for reviewing an AUL and its exhibits and assessing whether all requirements for submitting an AUL have been met, is the AUL Compliance Assistance Checklist available in Appendix I of MassDEP’s 2014 Draft Guidance on Implementing AULs.

The following LSPA practice tip was presented at the December 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on December 14, 2022.  

Compliance Tip of the Month: 
Consistent with 310 CMR 40.1003(7), if all other MCP closure requirements are met, a site with NAPL may be closed with a Permanent Solution With Conditions (PSWC) following complete evaluation of the nature and extent of the NAPL, including demonstration of the following consistent with Policy #WSC-16-450:

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)

4. Asbestos in Soil: Streamline and clarify regulations (MassDEP) – 29%
5. PFAS Private Well Sampling Program: Address MCP responsibility and liability issues (MassDEP) – 26%
6. LSP Board of Registration: Update regulations, improve operations (EOEEA) – 23%
7. 21J Fund: Reconcile LSP decision making and allowed reimbursements (MA Department of Revenue) – 18%
8. Brownfields Tax Credits: Reconcile LSP decision making and allowed reimbursements (MA Department of Revenue) – 17%
9. Public Involvement: Update guidance documents (MassDEP) – 8%%