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LSPA Introduces Compliance Tip of the Month for March 2024

The following LSPA compliance tip was introduced at the March 2024 Membership Meeting, which was held remotely on March 14, 2024 via Zoom.  

LSPA Compliance Tip of the Month
Per 310 CMR 40.1406 of the Massachusetts Contingency Plan (MCP), an “Informational Notice to Property Owners” BWSC Form 122 must be completed to advise an owner that their property falls within the boundaries of a disposal site. The MCP specifies when such written notices must be provided and what information they must contain. Copies of all written notices required must be submitted to MassDEP with the corresponding Phase II Report or Permanent or Temporary Solution Statement. 

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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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Waste Site Cleanup Program Leadership Transition News

Liz Callahan is retiring from MassDEP after 38 years with the Waste Site Cleanup Program and stepping down from her role as Acting Assistant Commissioner, effective March 2, 2024. Liz joined MassDEP’s Northeast Regional Office in 1986 as an Environmental Analyst I and was thrilled a few years later to be part of the team that drafted and implemented the “new” MCP for the Commonwealth’s privatized cleanup program. Prior to serving as Assistant Commissioner, Liz worked in various BWSC roles in the Boston and Northeast Region, including as Division Director for Policy and Program Development, managing many rounds of MCP amendments.

Millie Garcia-Serrano will be taking over for Liz as BWSC’s Assistant Commissioner on March 2nd. Millie, who holds a Master’s in Public Health, brings a wealth of experience to her new position, most recently as the Regional Director of MassDEP’s Southeast Regional Office. Millie’s past experience includes serving as the President of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), Chair of the Board of Registration of Hazardous Waste Site Cleanup Professionals (LSP Board), and as the Southeast Regional Office’s Deputy Regional Director for BWSC. Liz Callahan will be working to support this leadership transition and ongoing MCP amendment implementation efforts through the end of March. 

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2024 Amendments to the Massachusetts Contingency Plan, effective March 1 2024

On Friday, March 1, 2024, MassDEP’s Bureau of Waste Site Cleanup (BWSC) shared several important updates to the BWSC program and the MCP.

2024 Amendments to the Massachusetts Contingency Plan, effective March 1 2024 
Amendments to the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000, the Commonwealth’s rules for the notification, assessment and cleanup of oil and hazardous material releases, threats of release, and disposal sites under MGL c. 21E take effect today. The MCP will be published by the Secretary of State in a supplemental register next week, and hard copies will be available at the State House Bookstore (for information on ordering copies click here).

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LSPA Introduces Practice Tip of the Month for February 2024

The following LSPA practice tip was introduced at the February 2024 Membership Meeting, which was held remotely on February 13, 2024 via Zoom.  

Practice Tip of the Month
Many municipalities have areas designated for the protection of groundwater quality to ensure its availability for use as a source of potable water supply (e.g., Aquifer Protection Districts).

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New MCP 2024 Amendment Topics

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 a variety of topics not covered by previous LSPA email blasts. This information was developed and is provided on behalf of the LSPA only; it does not represent MassDEP guidance or other input. 

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LSPA Introduces Practice Tip of the Month for January 2024

The following LSPA practice tip was introduced at the January 2024 Membership Meeting, which was held remotely on January 17, 2024 via Zoom.  

Practice Tip of the Month

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MCP Amendments Information Webpage and Method 3 Shortform Corrections

The LSPA received the following email from MassDEP's Bureau of Waste Site Cleanup on Friday. 

Dear Waste Site Cleanup Program stakeholder,

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LSPA Introduces Compliance Tip of the Month for December 2023

The following LSPA compliance tip was introduced at the December 2023 Membership Meeting, which was held remotely on December 12, 2023 via Zoom.  

Compliance Tip of the Month

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LSPA Prepares White Paper on TCE Risk Management

On November 20, 2023, the LSPA sent a white paper to MassDEP entitled Recommendations for Risk Management Under the MCP for Trichloroethene Exposures Based on Updated Toxicological Information. The paper was prepared under the auspices of the LSPA’s Technical Practices Committee by Jay Peters of Haley & Aldrich, Inc. and Marie Rudiman of EnviroRisk Solutions, LLC. 

Based on evaluation of the updated scientific evidence referenced in this paper, the LSPA concurs with the findings of EPA studies and others that the association of TCE exposure with congenital heart defects (CHDs) is not scientifically supported. The LSPA proposes that MassDEP seriously reconsider and reevaluate the weight of evidence for TCE-induced CHDs and revise its risk management framework for TCE to be based on the chronic immunological endpoint, rather than the developmental effects endpoint. The paper notes that this would have the following implications for the regulation of TCE in Massachusetts:

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The New MCP on Three Topics

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 new regulations. 

Provided below is a brief summary of the new regulations on the topics of

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Congrats to New LSPs

Congrats to New LSPs

 Ten New LSPs Join the Ranks

The LSP Board of Registration recently announced that the following ten new LSPs passed the exam in early November. The LSPA congratulates each of them on this impressive accomplishment and applauds this new milestone in their practice. 

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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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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.

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. 

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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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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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.