On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including PFOA, PFOS, PFNA, HFPO-DA (commonly known as GenX Chemicals), PFHxS, and PFBS. EPA anticipates finalizing the regulation by the end of 2023. For more details click here.

The LSPA will review the proposed regulation and provide comments to EPA during the public comment period, which ends on May 30, 2023. If you have comments you would like the LSPA to consider, please send them to [email protected] by April 28, 2023.

On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including PFOA, PFOS, PFNA, HFPO-DA (commonly known as GenX Chemicals), PFHxS, and PFBS. The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. For more details click here.

EPA is requesting public comment on the proposed regulation. The public comment period will open following the proposed rule publishing in the Federal Register. Public comments can be provided at that time at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114.

The U. S. EPA and EPA Region 1 have issued the Final National Pollutant Discharge Elimination System (NPDES) general permits for discharges of pollutants to Waters of the U. S. in waste waters from certain dewatering and remediation-related activities. This Dewatering and Remediation General Permit (DRGP) covers discharges to certain waters in the Commonwealth of Massachusetts and the State of New Hampshire, sites in Connecticut and Rhode Island located on Indian Country lands, and federal facilities in Vermont.

This DRGP is a combined reissuance of the Remediation General Permit (RGP) that became effective on April 8, 2017, and expired on April 8, 2022, and the Dewatering General Permit (DGP) that became effective on April 25, 2015, and expired on April 7, 2022. The new general permit combines the former Discharge General Permit (DGP) for non-remediation construction projects with the Remediation General Permit (RGP). The DRGP authorizes discharges of groundwater, surface water, potable water, and storm water associated with following activities: site remediation, site dewatering, infrastructure dewatering and remediation activities, and material dewatering.

LSPA's July 2020 Member Newsletter has been published! Table of Contents is listed below. Please log in to your account and visit Member Materials to view the full newsletter.

In this Issue....

• President's Message
• PFAS Analysis of Drinking Water by EPA Method 533
• Temporary Solutions: 2018-2019 NOAFs and Draft MCP Amendments
• Review of FY18 NOAFs for LNAPL
• Lessons Learned from MNA- and ROS-related NOAFs
• Findings From FY18 Risk Characterization NOAFs

The U.S. Environmental Protection Agency (EPA) has released the “EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan.”  This 60-page PFAS Action Plan identifies EPA-led short-term actions, longer-term research, and potential regulatory approaches designed to reduce the risks associated with PFAS in the environment.  Read the full action plan and a summary fact sheet here: https://www.epa.gov/pfas/epas-pfas-action-plan 

The Executive Summary lists “Key EPA Actions Addressing PFAS-Related Challenges”:

• 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 U.S. Environmental Protection Agency (EPA) Administrator, Scott Pruitt, announced the appointment of Alexandra Dapolito Dunn to become Regional Administrator for Region 1. With over two decades of experience in environmental law, legislation, policy, and regulatory affairs, Ms. Dunn will oversee federal environmental protection efforts in: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. 

Alexandra Dunn currently serves as executive director and general counsel for the Environmental Council of States (ECOS), a national nonprofit, nonpartisan organization committed to helping state agencies improve environment outcomes for Americans. Since 2014, Ms. Dunn has helped state governments improve water infrastructure, air pollution control, site cleanup, chemical management, and economic development. Prior to joining ECOS, Ms. Dunn served as executive director and general counsel for the Association of Clean Water Administrators.

National Pollutant Discharge Elimination System (NPDES) Remediation General Permit
Signed by EPA and MassDEP

By: Isaac Anderson, Project Manager, Cooperstown Environmental and LSPA Technical Practices Committee Member

By: Isaac Anderson, Project Manager, Cooperstown Environmental and LSPA Technical Practices Committee Member

Many of you know that the 2010 Remediation General Permit (RGP), issued by the United States Environmental Protection Agency, Region 1 (EPA) under the National Pollutant Discharge Elimination System (NPDES), expired in September 2015. As noted in the LSPA email blast sent on September 15, 2016, the Draft RGP was published in the Federal Register on August 18, 2016, and EPA accepted public comments until September 19, 2016. What many of you are left wondering is, what happens next, and what should you do in the interim if you have a project that requires coverage under the RGP before the new RGP is available?

For a Limited Time…
Complimentary Viewing of ASTM’s Standard Guide for Greener Cleanups

Updated TCE Documents

MassDEP has recently made minor revisions to two TCE-related documents (last updated in March, 2014):

1. TCE Toxicity Information:  Implications for Chronic and Shorter-Term Exposure – Fact Sheet (August 15, 2014)

• tcestat.doc (360 KB, MS Word)
• tcestat.pdf (764 KB, PDF)

1. EPA Trichloroethylene Toxicity Values and ORS Recommendations Regarding Remediation Targets & Timeframes to Address Potential Developmental Risks (August 15, 2014)

• tcevalsm.doc (245 KB, MS Word)
• tcevalsm.pdf (186 KB, PDF)