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Top Takeaways From August MassDEP BWSC Meeting

MassDEP’s Bureau of Waste Site Cleanup (BWSC) held an Advisory Committee meeting on August 15, 2024. Click here for the meeting agenda and click here for slides from that meeting.

Representatives of LSPA’s Regulations Committee attended the meeting and provided the following top takeaways (in no particular order):

  • MassDEP continues to work on a draft policy (the so-called “Comm-24” policy) which would specify the parameters which must be met to allow contaminated soil from one MCP site to be reused at another MCP site. This draft policy is expected to be available for public review and stakeholder engagement before the end of 2024.
  • MassDEP is drafting a PFAS Q&A document using questions posed by external stakeholders and internal MassDEP staff. Topics include: Standards; MCP Notification; Site Assessment; Risk Assessment; Treatment; Analysis; and Downgradient Property Status.
  • MassDEP met separately with the LSPA and National Grid in July to discuss some areas of the revised MCP Q&A. As a result, MassDEP will be clarifying Coal Tar Waste Deposit definitions and requirements. EPC determinations are being revised as well. 
  • The Commonwealth has two years to comply with EPA’s new PFAS MCL. BWSC is coordinating its efforts to promulgate MCP cleanup standards with the standards being developed by the Drinking Water Program. 
    • MassDEP is considering changes to the current Imminent Hazard concentration of greater than or equal to 90 ng/L for PFAS 6. 
    • MCP soil standards are not expected to change significantly. 
    • MCP standards for reportable concentrations (i.e., RCGW-1) and Method 1 risk standards (i.e., GW-1) will reflect changes to the MassDEP Drinking Water Program’s drinking water standards.
    • Because EPA drinking water standards include PFAS compounds not currently covered by MassDEP PFAS6 drinking water standards and MCP cleanup standards, MassDEP will include these additional PFAS compounds in its standards.
    • Until new Massachusetts PFAS standards are finalized, the current PFAS standards remain in effect.
    • If you have PFAS Program questions or comments, please contact: John Ziegler, PFAS Coordinator, MassDEP-BWSC, (617) 874-6733; [email protected].
  • A Western MA Brownfields Roundtable will take place on Sept. 17, 2024, from 9:00 am to12:30 pm at the offices of the Pioneer Valley Planning Commission in Springfield, MA. For more information, contact David Foss, MassDEP’s Statewide Brownfields Coordinator, at [email protected].
  • Data Management Update: eDEP forms have been updated based on the 2024 MCP Revisions. A new version of the Site File Viewer was released in July 2024. If you have questions about Searchable Sites, eDEP, or the File Viewer, contact [email protected].
  • The next MassDEP BWSC Office Hours Meeting will be Thursday, Sept. 19 at 9:00 am. The next BWSC Advisory Committee Meeting will be Thursday, November 21 at 9:00 am. More details here.

MassDEP BWSC Advisory Committee Meeting Highlights

A MassDEP BWSC Advisory Committee meeting was held on February 15, 2024. This webpage has slides and video from the meeting. Some highlights are below.

In this video, Brian Roden, BWSC Audits and Enforcement Coordinator, provides a summary of the 2024 MCP Amendments for AEPMMs addressing Vapor Intrusion.

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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 Submits Comments on Proposed PFAS Drinking Water MCL

On May 30, 2023, the LSPA submitted comments to USEPA via the Federal eRulemaking Portal regarding the proposed National Primary Drinking Water Regulation (NPDWR) for PFAS, under Docket ID: EPA-HQ-OW-2022-0114. Read the LSPA comment letter here. This was the first time in over a decade that the LSPA has commented on a proposed USEPA rule.

This USEPA webpage provides a summary of the proposed rule, along with links to supporting materials, technical materials, and background information. A small group of LSPA members including toxicologists, public health risk assessors, and LSPs with decades of experience reviewed and provided comments on this rule. The LSPA comments were organized according to the topics outlined in the slides from this USEPA presentation, Proposed PFAS National Primary Drinking Water Regulation (epa.gov).

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LSPA Seeks Your Comments on US EPA’s Proposed PFAS Drinking Water MCL

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.

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US EPA Announces Proposed PFAS Drinking Water MCL

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.

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Top Takeaways for EPA's New DRGP Permit, with New Deadlines

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.

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Public Comment Period on UST Regulations

The Massachusetts Department of Environmental Protection (MassDEP), under the authority of M.G.L. c. 21O, will hold public hearings in accordance with M.G.L. Chapter 30A on proposed amendments to 310 CMR 80.00 Underground Storage Tank (UST) Systems to make the regulations at least as stringent as the U.S. Environmental Protection Agency’s (EPA) UST regulations at 40 CFR 280 and 281 and to clarify and enhance other UST program requirements. EPA amended its UST regulations effective October 13, 2015. States that have delegated UST programs, including Massachusetts, are required to amend their regulations to be “no less stringent” than EPA’s UST regulations. 

The proposed amendments and a background document are available on MassDEP’s website at: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities

Two virtual public hearings will be held on June 22, 2021, and written comments must be submitted by the end of the public comment period on July 2, 2021 by 5 pm. For more information on the upcoming public hearings, please visit here.  

The LSPA will not be sending comments on behalf of the membership. We encourage LSPA members to participate in the public comment period as appropriate through the public hearing or by submitting written comments.


July 2020 Newsletter

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....

U.S. EPA Releases Its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan

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”:

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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 

EPA Announces Appointment of Alexandra Dunn to Region 1 Administrator

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.

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Remediation General Permit Presentation

The instructors from the June 2017 LSPA Course, “Meeting the Requirements of the National Pollutant Discharge Elimination System (NPDES) Remediation General Permit”, have updated the presentation slides because the regulations were still being revised around the same time the RGP was being issuedThe presentation has been posted for your information.  It can be found in the Member Materials section of the LSPA website, under Technical Resources. More details can be found on the EPA website: https://www3.epa.gov/region1/npdes/rgp.html

National Pollutant Discharge Elimination System (NPDES) Remediation General Permit

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

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Update on EPA's Remediation General Permit

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?

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Complimentary Viewing of ASTM’s Standard Guide for Greener Cleanups

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

Looking to integrate sustainability into your operations? In search of an effective approach to reducing energy usage and waste as you work towards protecting public health and the environment?

More and more, organizations are using ASTM E2893 Standard Guide for Greener Cleanups to reduce their environmental footprint while achieving cleanup objectives. This EPA-endorsed standard provides a step-by-step approach to reduce energy, water and materials use during the investigation and remediation of hazardous waste sites.

In partnership with the U.S. Environmental Protection Agency, ASTM is offering a complimentary, 2-month viewing period (September 28 – November 30) for this standard. Don’t miss this opportunity to become familiar with a standard designed to help incorporate more sustainable practices into your organization’s work. For complementary viewing of the Standard, go to www.astm.org/E2893-16


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EPA Green Up Your Cleanups Webinar

Green Up Your Cleanups Webinar
Wednesday, September 28, 1:00 PM - 2:30 PM EST
 
Discover proven tools for Greener Cleanups and gain free access to EPA-endorsed standard 

Looking to integrate more sustainability practices into your site cleanup? In search of a powerful approach to reducing energy use and waste as you work towards protecting public health and the environment? Learn how organizations are embracing ASTM E2893 Standard Guide for Greener Cleanups to reduce environmental footprints while achieving cleanup objectives.
  • Hear about recent developments;
  • Learn from those who have implemented the standard;
  • Discover how it can be viewed by anyone at no cost, for a two-month trial period.
Register at:  www.epa.gov/greenercleanups 
(see Featured News)

NPDES Draft 2016 Remediation General Permit (RGP)

September 19, 2016 Deadline for Comments to EPA on the NPDES Draft 2016 Remediation General Permit (RGP)

 
Please be advised that Monday, September 19, 2016, is the final day to submit comments to the United States Environmental Protection Agency (EPA) regarding the National Pollutant Discharge Elimination System (NPDES) Draft 2016 Remediation General Permit (RGP). Comments must be submitted in writing to Shauna Little, Office Of Ecosystem Protection, EPA - Region 1, at 617-918-1989 or [email protected]

For a copy of the Draft RGP, Federal Register Notice, and Fact Sheet, please follow the link below: 
https://www3.epa.gov/region1/npdes/rgp.html

Technical questions pertaining to the terms of the permit can also be directed to Shauna Little

Once all comments have been reviewed, EPA will prepare a response to comments. EPA will provide the final permit and its response to comments to each state covered by the permit (Massachusetts and New Hampshire). Upon receipt of Federal Clean Water Act 401 Certifications from Massachusetts and New Hampshire, certifications from Massachusetts and New Hampshire Coastal Zone Management Federal Consistency Reviews, and Federal concurrences from the United States Fish and Wildlife Service and the National Marine Fisheries Service regarding endangered species, EPA will publish a Notice of Availability of the final 2016 RGP in the Federal Register. The 2016 RGP will supersede the expired 2010 RGP upon the effective date specified in the Federal Register.

For more information about the RGP, interim measures, and upcoming training opportunities, please check the Technical Practices Committee article to be published in the upcoming LSPA newsletter.

Thank you - 

Andrea Eagan, Woodard & Curran & Jason Chrzanowski, GZA GeoEnvironmental
LSPA Technical Practices Committee Co-Chairs 

Updated TCE Documents

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