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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.

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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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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MCP 2024 Amendments Impact on Climate Change

In 2020, the LSPA formed a Climate Change Subcommittee (of the Technical Practices Committee) to consider how waste site cleanup practitioners might address anticipated MCP amendments on that topic. In 2022, the subcommittee produced and shared a Climate Change Toolkit. Now, the MCP Amendments are final and it’s time to start using the toolkit! 

The new MCP includes climate change-related language in specific sections on these topics: 

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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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The New MCP on Sampling and Exposure Points

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. 

The links below provide summaries of the three Sampling and Exposure Point Concentration topics that have materially changed from the 2019 regulations:

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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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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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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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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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LSPA Introduces Practice Tip of the Month for June 2023

The following LSPA practice tip was introduced at the June 2023 Membership Meeting, which was held in-person at the Westborough Doubletree hotel on June 20, 2023.  

Per 310 CMR 40.0006, Historic Fill cannot contain contaminants that are present as a result of on-site activities. If contaminants at a disposal site could potentially have originated from known historical operations or activities at the site, an LSP needs to first determine that contaminants are not from on-site activities before the contaminants can be attributed to Historic Fill.

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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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