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Deadline Extended; Still Soliciting Comments on Two Draft MCP Guidance Documents

MassDEP’s deadlines for written comments have been extended to June 5, 2024 for both guidance documents currently posted on the MCP Amendments web pageRisk Characterization Guidance, Chapters 1-5, Public Review Draft” and Interim Guidance on Implementing Activity and Use Limitations.

The two LSPA groups reviewing these guidance documents are still looking for comments. If you want to join the review group or have comments you wish to share on the Risk Characterization Guidance, please contact [email protected] by no later than May 9th. 

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News and Resources From EPA and MassDEP

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:

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LSPA Introduces Compliance Tip of the Month for May 2023

The following LSPA compliance tip was introduced at the May 2023 Membership Meeting, which was held virtually via Zoom on May 18, 2023.  

When completing an AUL package, be sure to check Appendix D of the AUL Guidance to confirm that you have the right documentation for signature authority. This varies by the type of legal entity (corporation, trust, LLC, Limited Partnership, condominium or Limited Liability Partnership) submitting the AUL, with additional requirements for registered land. 310 CMR 40.1074(2)(c).

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LSPA Introduces February 2023 Practice Tip

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submitting an AUL have been met, is the AUL Compliance Assistance Checklist available in Appendix I of MassDEP’s 2014 Draft Guidance on Implementing AULs.

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LSPA Introduces June 2022 Compliance Tip of the Month

The following LSPA compliance tip was presented at the June 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on June 21, 2022.  

Compliance Tip of the Month: 
Pursuant to 310 CMR 40.1074(5), in addition to the requirement to incorporate a Notice of Activity and Use Limitation (AUL) into deeds or other instruments of property transfer, a copy of the deed or other instrument (with the incorporated AUL) must be submitted to MassDEP within 30 days of recording. This must be done using Section B, item 11, of the BWSC113 form (note that an LSP signature/stamp is not required for this submittal). Both the former and new property owners have this obligation; however, a submittal provided by either of those parties meets the requirements for both of them.

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LSPA Introduces November 2021 Compliance Tip

The following LSPA compliance tip was presented at the November 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on November 17, 2021.  

Compliance Tip:
Once a Notice of Activity and Use Limitation (AUL) has been filed, the Disposal Site should be reviewed periodically to confirm that the conditions and obligations contained in the AUL are being complied with and/or maintained (310 CMR 40.1070, et seq.). MassDEP routinely performs field audits of sites with AULs, often several years after filing. LSPs should remind their clients that compliance with AUL conditions and obligations is required, and should document these reminders.

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MassDEP AUL Compliance Assistance Letters to be Mailed Soon

MassDEP has asked the LSPA to share the following information.
In December 2020, MassDEP is planning to mail an Activity and Use Limitation (AUL) compliance assistance letter to individuals listed in MassDEP records as owning a property at which a Notice of Activity and Use Limitation has been implemented.  This compliance assistance letter has been sent periodically (previously in 2010 and 2015) to provide property owners with a description of the nature and purpose of an AUL and remind them of their obligation to adhere to the terms of the AUL. 
 
The letter is strictly informational and generic (i.e., it does not reference site-specific AUL conditions) and does not require any response from the property owner to MassDEP.  MassDEP email and telephone contact information will be provided in the letter should the recipient have any additional questions or concerns.  A link to the generic letter is available here.   
 
Note, to avoid confusion, this generic compliance assistance letter will not be sent to those property owners with AULs related to Active Exposure Pathway Mitigation Measures (AEPMMS) that support a Permanent Solution pursuant to 310 CMR 40.1025(7).   Property owners in such cases are required to respond to an annual letter sent by MassDEP to certify the ongoing operation and maintenance of AEPMMs.  MassDEP will be sending the AEPMM annual certification letters in a subsequent mailing.

LSPA Unveils September 2020 Compliance Tip

The following LSPA compliance tip was presented at the September 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on September 24, 2020.  

The MCP requires that a sketch plan be attached as an exhibit to an AUL.  Don’t be fooled by the informality of the term “sketch;” specific information must be included in the plan including:

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Top Takeaways from July 31, 2014 BWSC AUL Guidance Review Meeting

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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LSPA Submits Comments on MassDEP's Draft Activity and Use Limitations (AUL) Guidance

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.