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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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AEPMMs and the NEW MCP

In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the MCP regulations. 

Provided below is a summary of the new regulations on the topic of Active Exposure Pathway Mitigation Measures (AEPMMS). This information was developed and is provided on behalf of the LSPA only; it does not represent MassDEP guidance or other input. MassDEP training is expected to take place in January 2024.

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LSPA Introduces Compliance Tip of the Month for November 2023

The following LSPA compliance tip was introduced at the November 2023 Membership Meeting, which was held remotely on November 15, 2023 via Zoom.  

Compliance Tip of the Month

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Retiring On-Demand Course: BWSC and MassDEP Program Updates and Year-in-Review

The on-demand version of the MassDEP/LSPA course, BWSC and MassDEP Program Updates and Year-in-Review (#1788, 1.0 DEP Regulatory credit) will be retired from the LSPA's on-demand course library on Friday, December 1, 2023. This course was based on the September 2022 Membership Meeting. This is also a registration deadline. You will still have 30 days to complete the course. If you would like to take this course, please register prior to this date. Here is a link to the full list of the LSPA's on-demand courses.

LSPA Holds 30th Anniversary Bash

The LSPA celebrated its 30th anniversary in style on October 26th at beautiful and historic Mechanics Hall in Worcester. Our last annual dinner was in 2019 so this gathering was a reunion of sorts. 30 years and over 300 LSPA members and friends were there. 

It was a great night: 16 LSPA Past Presidents in attendance, an official citation from the Massachusetts State Senate, recognition of Immediate Past President Dave Leone, a Lifetime Achievement Award for Paul Locke, and a viewing of the LSPA’s short video Suspending Disbelief.

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AFFF Resources Available to LSPA Members

MassDEP’s Central Regional Office (CERO) has shared with the LSPA about 40 files containing results from the sampling of non-legacy aqueous film forming foams (AFFFs) for PFAS content. The aim of this 2021 effort was to create a reference of AFFFs deployed at release Sites that would guide MassDEP staff, PRPs, and LSPs as they formulate sampling plans at release Sites where an AFFF has been deployed.  

This effort stems from the fact that, in some cases, AFFF content is not included in ingredients on product Safety Data Sheets or it is assumed that AFFF does not contain PFAS for products manufactured after 2002, around when PFOS was voluntarily phased out from AFFF manufactured by 3M. This can lead parties to conclude that PFAS sampling is not warranted. But that may be an inaccurate assumption. 

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MassDEP Updated CAM Protocols

The LSPA received notice on October 16, 2023 from MassDEP’s Bureau of Waste Site Cleanup that the updated Compendium of Analytical Methods (CAM) protocols for Trace Metals, WSC-CAM-III A (6010D) and WSC-CAM-III D (6020B), have been posted to MassDEP's website. Also posted are summaries of the significant changes made to the respective existing protocols with these updates.

The effective date for these updated protocols is January 15, 2024. On and after January 15, 2024, any laboratory that is certifying compliance with MassDEP’s CAM protocols for these methods must be complying with these updated protocols. 

Insurers Deny Home Heating Oil Cleanups.....Again

Many thanks to Ryan Kath at NBC News 10 Boston for helping the LSPA spread the word about the importance of proactively requesting insurance coverage for home heating oil spills and leaks. Here is his most recent story about the financial and emotional nightmare facing a Rutland family. This is just one more example of why the LSPA is working to get legislation passed to mandate that insurers provide coverage for home heating oil spills and leaks.

LSPA Feedback to MassDOR on Implementation of Brownfields Tax Credits

The LSPA sent this letter to the Massachusetts Department of Revenue (DOR) following their request for feedback on the implementation of the Massachusetts Brownfields Tax Credit (BTC) regulations (830 CMR 63.38Q.1) which went into effect just over two years ago.  

The LSPA provided comments to MassDOR in February 2021 in an effort to contribute to the clarification and codification of the BTC program. Unfortunately, most of the LSPA members we heard from are disappointed with the new regulations. The LSPA letter provides more details. 

LSP Board "Environmental" Seat is Vacant

The Board of Registration of Hazardous Waste Site Cleanup Professionals (aka the LSP Board) has one vacant seat which, according to statute, must be filled by persons who are “. . . members of statewide organizations that promote the protection of the environment at the time of appointments and who are knowledgeable with respect to issues involving responding to releases of oil and hazardous materials.”

The appointment is subject to confirmation by the Governor. The term of service is four years. Board meetings occur monthly, except for the months of July and December. Click here for more detailed information about this volunteer position.

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Request for Comments, LSPA's 2024 - 2026 Final Draft Strategic Plan

Over the past few months a subcommittee of the LSPA leadership has been developing a final draft strategic plan for 2024 through 2026. The purpose of the plan is to guide the association as we identify new initiatives as well as go about our day-to-day tasks. It should reflect the needs and interests of the LSPA’s leadership and members for the next three years, and even further in the future.  

The subcommittee’s work began with a review of the LSPA’s current three-year strategic plan, which expired at the end of June 2023. They reviewed the LSPA’s existing Vision and Mission statement, Goals, Desired Outcomes, and Strategies for achieving the Goals. The final draft plan is attached here. It is intentionally a high level and broad-reaching document.

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MassDEP Slides and Recording from LSPA's September Member Meeting

The LSPA was pleased to have Acting Assistant Bureau of Waste Site Cleanup (BWSC) Commissioner Elizabeth Callahan and Acting Director of BWSC’s Policy and Program Development Division Ken Marra speak at our September 21, 2023 meeting at the Newton Marriott. 

This event, always very popular, was attended by nearly 200 guests this year – we expect because of the highly-anticipated, recent promulgation of the 2024 MCP Amendments.

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LSPA Introduces Practice Tip of the Month for September 2023

The following LSPA practice tip was introduced at the September 2023 Membership Meeting, which was held in-person at the Westborough Doubletree hotel on September 21, 2023.  

If you are an LSP, DON’T WAIT – Sign up now for the
LSP Board of Registration’s online portal called ePlace/Accela.
This will allow you to submit your annual fee, renewal application, address information,
and other documents electronically.
First time users need to register before they can log in/begin.
To register, go to Accela Citizen Access (mass.gov) to create an account.




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LSP Board of Registration Hybrid Meeting - Tuesday, September 12, 2023

The LSPA has been informed that the next LSP Board of Registration meeting, to be held starting at noon on September 12, 2023will be HYBRID in nature. For the first time in several years, the meeting will be held in person; it will also be supported by GoTo Webinar virtual meeting capability for those who cannot attend in person.

The meeting location is 100 Cambridge Street, 9th Floor, Boston, MA. Be aware that there is a required check-in process. The building check-in station is located on the main floor where you will need to register and obtain a pass before accessing the 9th floor.  

Soliciting Feedback on Brownfield Tax Credits

The Massachusetts Department of Revenue (the “Department”) promulgated 830 CMR 63.38Q.1: Massachusetts Brownfields Tax Credit on July 23, 2021. During the comment period, the LSPA provided a letter of comments along with proposed edits to the regulations.  The Department committed to soliciting feedback on the regulation and the process for claiming the credit after the regulation had been in effect for two years. That time has come! 

The LSPA is collecting comments for compiling a response to the Department. Please send any comments you have to Wendy Rundle, LSPA Executive Director, at [email protected] by September 22, 2023. Also, feel free to send any comments, concerns or suggestions directly to [email protected] by September 29, 2023. 

LSPA Members Discount to NSCW Brownfields Conf., Sept. 19 & 20

Northeast Sustainable Communities Workshop

September 19 - 20, 2023
Worcester, MA

Join us at the 2023 Northeast Sustainable Communities Workshop (NSCW) in Worcester, MA, on September 19-20. The theme, “Reimagining Brownfields: Strategies for Successful Redevelopment,” brings together environmental experts, consultants, developers, attorneys, academics, and real estate professionals for impactful sessions.

Discover innovative strategies for successful brownfield redevelopment, connect with industry leaders, and explore commercial real estate incentives throughout the Northeast. NSCW breaks away from traditional PowerPoint-heavy presentations to provide ample opportunities for sharing experiences and success stories and connecting with colleagues.



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LSP Board of Registration - IMPORTANT UPDATE

The LSP Board of Registration has informed the LSPA that the following email was sent out to every active LSP to inform them that they can now sign up for the online portal called ePlace/Accela. This will allow LSPs to start using the online platform to submit renewal applications, pay invoices, change address, and many other actions. 

Please note that the online portal does have a Help Desk option ([email protected]). For any questions about getting set up or following that, the Help Desk is the preferred option to resolve those questions.

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License Renewal and Other News From the LSP Board of Registration

For LSPs With July 30, 2023 Renewals

LSPs with July 30, 2023 renewals must renew through the current paper process.

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Top Takeaways From 2019 Proposed Amendments to the MCP

MassDEP leadership has recently shared that they expect the next set of Amendments to the Massachusetts Contingency Plan (MCP), proposed in 2019, to be promulgated soon. In an effort to refresh our collective memories, the LSPA Regulations Committee has prepared this brief, high-level summary of eight key aspects of the proposed MCP regulations. The summary provided below is based on the draft revisions provided in 2019. The LSPA has not seen a more recent draft. The actual contents of the forthcoming MCP revisions are not known.

Hot Spot and MGP Waste Definitions 
The 2019 proposed amendments include the addition of Manufactured Gas Plant (MGP) Waste as a defined term. Additionally, the amendments propose modifying the definition of a hot spot to include areas of waste disposal including MGP waste. These proposed changes effectively create a new class of oil and hazardous material (OHM), with concomitant requirements for sampling and risk assessment.

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MassDEP’s Technical Assistance Grant Application is Now Available!

MassDEP announced that the application for the FY2024-25 Technical Assistance Grant (TAG) is now available. This grant opportunity provides $200,000 in funding, with up to $20,000 per community or municipal applicant-group selected for an award, to enhance public involvement and promote better understanding of the cleanup of contaminated sites in their communities. 

The application deadline is Friday, October 13, 2023.

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