MassDEP has posted a new Public Comment Draft document, MCP Requirements and Recommendations for Active Exposure Pathway Mitigation Measures.

• If you’d like to submit comments with the LSPA, please send comments to [email protected] by November 13, 2026. We also suggest you participate in LSPA’s Regulations and Technical Practice Committee calls where the guidance will be discussed. Learn more about joining Committees.
• Comments can be sent directly to MassDEP by November 30, 2026, to John Fitzgerald, P.E., Massachusetts Department of Environmental Protection, 150 Presidential Way, Woburn, MA  01801, [email protected].

The following LSPA compliance tip was introduced at the September 2026 Membership Meeting, which was held at the Doubletree Hotel in Westborough, MA, on Thursday, September 17, 2026, from 5:30-5:00 PM.

Compliance Tip of the Month
Many MassDEP Notices of Noncompliance (NONs) stem from documentation and administrative errors in the MCP submittals rather than technical deficiencies. Per 310 CMR 40.0022(2) and 310 CMR 40.0023(1)(2), before submitting reports, forms, AULs, and other regulatory documents, verify that the correct legal entity name, responsible party information, property details, and supporting documentation are used consistently throughout the record. A thorough quality control review can help prevent NONs and ensure the administrative record fully supports the site's regulatory status.

MassDEP has released the following guidance documents for public comment by the waste site cleanup community in Massachusetts. LSPA members are welcome to submit comments to the LSPA for inclusion in our comment letter or directly to MassDEP.

Characterization of Petroleum Contaminated Sites:
MassDEP has posted a new Public Comment Draft document for petroleum contaminated sites. The draft document is an update to the “Characterizing Risk Posed by Petroleum Contaminated Sites: Implementation of the MADEP VPH/EPH Approach,” dated October 31, 2002.

The newest installment of the Risk Characterization Guidance, Chapters 11, 12 and 13, has been posted to MassDEP's MCP Amendments web page. Information can also be found below.

Risk Characterization Guidance Chapters 11-13, Public Review Draft

The following LSPA practice tip was introduced at the May 2026 Membership Meeting, which was held via Zoom on Thursday, May14, 2026, from 3:45-5:00 PM.

Practice Tip  
Chemical Abstract Service Registry Numbers (CAS RNs or CAS Numbers) are standardized numerical strings used to identify specific chemical substances. Chemicals may have multiple or varying names, spellings, trade names, etc.; however, the same substance will always have the same CAS Number. Given the importance of chemical identification, the tables and laboratory reports that are submitted in an MCP report should include chemical names along with applicable CAS Numbers. This will help avoid confusion as to what information or MCP standard is associated with a given chemical and will provide a direct link between a chemical and the MCP.

MassDEP has just posted a new Public Comment Draft document for your review at https://www.mass.gov/lists/policies-guidance-technical-support-for-site-cleanup#draft-policies-      

“Guidance for Persons Performing Response Actions at Massachusetts Contingency Plan Disposal Sites Who May be Generators of Hazardous Waste.”

The following LSPA compliance tip was introduced at the February 2026 Membership Meeting, which was held via Zoom on Tuesday, February 11, 2026, from 3:45-5:30 PM.

Compliance Tip  
Per the MCP (at 310 CMR 40.1074(2)(a)5.), where an Active Exposure Pathway Mitigation Measure (AEPMM) is subject to the Obligations and Conditions and other provisions of a Notice of Activity and Use Limitation (NAUL), the sketch plan attached as an exhibit to the NAUL must show the location of the AEPMM. Furthermore, MassDEP has indicated in Notices of Noncompliance that if a sub-slab depressurization system is the AEPMM, a sketch should be provided that shows the locations of suction points, underground piping/manifold piping, and sub-slab soil vapor sampling points, if they are relevant to maintaining the condition of No Significant Risk and meeting the Obligations and Conditions of the NAUL. More than one sketch, such as a sketch of the entire NAUL area and a sketch of the area with the AEPMM, may be necessary to address issues of scale if these details are included. 

The following LSPA practice tip was introduced at the December 2025 Membership Meeting, which was held via Zoom on Tuesday, December 16, 2025, from 3:45-5:00 PM.

Practice Tip  
When any PFAS related to a disposal site are detected in private drinking water wells, LSPs and their clients must mitigate this Critical Exposure Pathway under the MCP. However, detections of PFAS in water can be highly dependent on the reporting limits achieved for the analysis. USEPA analytical methods require extraction of the entire sample volume of the sample bottle. As a result, the reporting limit is inherently tied to sample volume (e.g., a 250 mL sample vs. a 290 mL sample). Therefore, even small differences in bottle fill levels can lead to minor, but meaningful, variations in reported concentrations. As with any sampling program, samples should be collected methodically and in accordance with the MassDEP CAM and the relevant analytical method to provide a representative analytical result. In the case of PFAS, sample bottles should be the same size and filled to a consistent volume to improve data comparability and defensibility.

MassDEP’s Bureau of Waste Site Cleanup (BWSC) held its quarterly Advisory Committee meeting on November 20, 2025. The full agenda and recording are available on MassDEP’s website. Key takeaways for LSPA members are summarized below.

1. Administrative Updates:

The following LSPA compliance tip was introduced at the September 2025 Membership Meeting, which was held in-person at the DoubleTree Hotel in Westborough, MA on Wednesday, September 17, 2025, from 5:30 - 8:00 PM.

LSPA Practice Tip of the Month
It is important LSPs check the correct boxes when submitting MCP documents. MassDEP has noted two examples where LSPs frequently check incorrect boxes: (1) When a Permanent or Temporary Solution Statement (PSS or TSS) has been retracted for any reason (pursuant to a Notice of Noncompliance or other), a new PSS or TSS is required and so, LSPs should not indicate they are submitting a revised PSS or TSS when they submit the new PSS or TSS; and (2) When putting a site into Remedy Operation Status (ROS), LSPs need to check box #17 when they submit their ROS Opinion, otherwise the MassDEP database will not reflect that the site has transitioned to ROS. If you have questions about BWSC forms, contact [email protected].

The LSPA received the following email from MassDEP Bureau of Waste Site Cleanup on August 11, 2025: 

The final installment of the 2024 MCP Amendments Q&A has been posted as of August 11, 2025.

Dear LSPA Member,

As the voice of LSPs and environmental practitioners across Massachusetts, the LSPA is actively advocating to strengthen our profession and advance sound environmental policies. Below is a summary of what we’ve been working on recently:

The MassDEP Bureau of Waste Site Cleanup (BWSC) has released its revised Policy for “Off-Gas Treatment of Point-Source Remedial Air Emissions” (formerly Policy #WSC-94-150), with a public comment period ending on June 30, 2025.

This Policy concerns air emissions that occur as a result of air stripping of contaminated groundwater, vacuum extraction of soil gases, or any other remedial activity conducted pursuant to MGL Chapter 21E that creates a point-source discharge of contaminants to air. The intent of this Policy is to articulate when off-gas treatment of point-source remedial air emissions may not be necessary to protect human health, safety, public welfare, and the environment.

On March 19, 2025, Annual Certification letters were sent by MassDEP’s Bureau of Waste Site Cleanup to property owners where an Active Exposure Pathway Mitigation Measure (AEPMM) is required to maintain a Permanent Solution with Conditions under the Massachusetts Contingency Plan (MCP). The MCP requires that the current property owner submit an annual certification concerning the operation and maintenance of the AEPMM upon receipt of a form sent by MassDEP (310 CMR 40.1025(8)).

In addition to the annual certification, MassDEP is requesting that the property owner conduct a shutdown and restart test (310 CMR 40.1025(9)) to demonstrate the remote telemetry for the system is operating correctly. In total, seventy-four (74) letters were sent to property owners. Letters were also emailed when MassDEP had an email on file for the property owner. The deadline for returning the Annual Certification form is May 5, 2025. Annual Certification letters sent by MassDEP are publicly available on the Energy & Environmental Affairs Data Portal.  As MassDEP receives completed forms from property owners those letters will be added to the Data Portal as well. 

The following LSPA practice tip was introduced at the March 2025 Membership Meeting, which was held via Zoom on March 20, 2025.

Practice Tip of the Month
Spring is a good time to document the condition of monitoring wells, especially after a busy snowplow season. Well covers that are damaged over the winter may no longer meet the requirements of 310 CMR 40.0028, which specifies:

The MCP-mandated March 1, 2025 deadline is fast approaching.

Pursuant to 310 CMR 40.0560(7)(i)(4.)(b), a Periodic Review of the Temporary Solution and Tier Classification Extension shall be submitted within one year of March 1, 2024 for disposal sites where Active O&M is not occurring and the following apply: (i) a Temporary Solution Statement for a disposal site was submitted to the Department prior to March 1, 2024; (ii) the Tier Classification had expired prior to March 1, 2024, and (iii) Status Reports and, as applicable, the Periodic Review of the Temporary Solution had not been submitted at the frequency specified pursuant to 310 CMR 40.0898 and 310 CMR 40.1050(4) prior to March 1, 2024.

The following LSPA practice tip was introduced at the February 2025 Membership Meeting, which was held via Zoom on February 12, 2025.

Practice Tip of the Month
When an MCP submittal form is required, you should download the form directly from the MassDEP website. That way you will have the most current version of the form rather than a possibly outdated version saved to your desktop or laptop.

The following LSPA compliance tip was introduced at the December 2024 Membership Meeting, which was held via Zoom on December 18, 2024.

Compliance Tip of the Month
While the MCP requires an assessment of “reasonably foreseeable future changes in site conditions” related to climate change, it does not indicate a specific assessment timeframe. 

The following LSPA compliance tip was introduced at the November 2024 Membership Meeting, which was held via Zoom on November 19, 2024.

Compliance Tip of the Month