LSPA February 2023 Membership Meeting

• Jane Parkin Kullmann, PhD., DABT, WSP USA
• Larry McTiernan, P.G., LSP, Roux Associates

This presentation will provide LSPs and other environmental professionals with practical takeaways and lessons learned from the LSPA Loss Prevention Committee’s (LPC) review of MassDEP’s Bureau of Waste Site Cleanup Notices of Noncompliance (NONs). The LSPA reviews these NONs annually to provide insight into and better understand what has caused a disposal site to be out of compliance and what actions MassDEP has determined need to be taken to return to compliance. Understanding common mistakes helps LSPs proactively develop more thorough and defensible assessment, remediation, and documentation activities and remain in compliance with the Massachusetts Contingency Plan. 

The webinar will focus on key takeaways from FY 22 NON reviews on the following topics, by the following presenters:

• Risk Characterization, by Jane Parkin Kullmann, PhD., DABT, Sr. Risk Assessor, WSP USA.
• Downgradient Property Status, by Lawrence McTiernan, P.G., LSP, Principal Hydrogeologist, Roux Associates.

Risk Characterization:  A brief overview of the NON review process will be provided, followed by a summary of the findings of the reviews that included a risk-characterization component. The findings will focus on the main themes of the violations in the NONs, which include the selection of an appropriate risk characterization method, and the evaluation of a utility worker exposure scenario. For further guidance on these topics, a summary of various numerical standards (e.g., Reportable Concentrations, Method 1 Standards) will be provided to illustrate the derivation and use of these values. The selection of a risk characterization method, i.e., Method 1 versus Method 3, will also be discussed, including when each Method is appropriate and for what use. Lastly, the “top 10” risk characterization issues identified in MassDEP NONs will be briefly covered as a refresher.

Downgradient Property Status (DPS):  A case study will be presented of two DPS submittals for a disposal site in Attleboro and MassDEP’s rejection of each. The presentation will summarize the first rejection which identified several “classic” DPS flaws; these flaws will be discussed. The second rejection was more specific, focusing on the response actions performed (and the additional info generated as a result) in response to the first rejection. A key aspect of the second rejection will be discussed, in addition to other aspects that weakened this DPS submittal.

There will be time set aside at the end of the presentation for a Question & Answer period, moderated by Michelle O’Brien, Partner at Pierce Atwood, Boston, and longtime member of the LPC.