MCP

On Friday, July 19, 2019, at the end of MassDEP's public comment period, the LSPA submitted our comments on the 2019 Proposed MCP Amendments. Our cover letter summarized three key topics of concern: PFAS, Risk Characterization, and Transition Provisions. A separate document included 15 pages of comments.  

As usual, the LSPA process started with a call to members to submit their comments to the LSPA Regulations Committee.  Then committee co-chairs Joe Roman (GEI) and Dan LaFrance (Fuss & O'Neill) assembled a team of "champions" to review, develop, and vet comments.  Many thanks and kudos to that group for an awesome job pulling together a solid draft set of comments.

These comments were reviewed by the LSPA Board and finally by Michele Paul (City of New Bedford), the LSPA's new President. 

We encourage you to share any additional thoughts and comments with the LSPA at [email protected].  


The LSPA presented the following compliance tip at the June Membership Meeting at the Hilton Hotel in Woburn, MA on June 13, 2019.  

COMPLIANCE TIP OF THE MONTH 

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The LSPA presented the following compliance tip at the May Membership Meeting at the DoubleTree in Westborough, MA on May 16, 2019.  

COMPLIANCE TIP OF THE MONTH 

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The proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000) are now available on MassDEP's website at: https://www.mass.gov/lists/2019-proposed-mcp-revisions and a Public Hearing Notice has been published in the Massachusetts Register. This will kick-off an extended 3-month long public comment period that will end July 19, 2019, and will include five public hearings at MassDEP Offices across the state and additional meetings as needed/requested.
 
The purpose of the proposed revisions is to update and clarify existing provisions for the notification, assessment and cleanup of oil and/or hazardous material contamination in the environment to ensure that actions are performed in a timely manner, are appropriately monitored and documented, and achieve of a level of No Significant Risk that is protective of public health and the environment.
 
The proposals include, but are not limited to:
  • Clarification and modification of provisions related to notification, Imminent Hazards, Tier Classification and Extensions, Remedial Additives, Status Reports, Remedial Monitoring Reports, Temporary Solutions, Active Exposure Pathway Mitigation Measures, Exposure Point Concentrations, Activity and Use Limitations, and public involvement;
  • New adequately regulated provisions for disposal sites with Radioactive Materials;
  • Updates to Reportable Concentrations (RCs) and numerical cleanup standards (Method 1) for a limited number of chemicals; and
  • The addition of RCs and Method 1 standards for six perfluoroalkyl substances-Perfluoroheptanoic Acid (PFHpA), Perfluorohexanesulfonic Acid (PFHxS), Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonate (PFOS), Perfluorononanoic Acid (PFNA) and Perfluorodecanoic Acid (PFDA)-emerging contaminants of concern for exposure in drinking water.
Questions about the public comment process, the meetings/hearing and/or the proposals may be emailed to [email protected].
 
The LSPA's Regulations Committee will spearhead the LSPA's response to the public comment period; we will send an email to LSPA members with details and deadlines early next week.


The LSPA kicked off its “school” year with a great event on September 25th sponsored by Regenesis

We heard a high energy and far ranging talk by Jay Ash, MA Secretary of Housing and Economic Development. Secretary Ash covered topics including his time as Mayor of Chelsea, collaboration with several LSPA members with whom he has worked (all good experiences!), Governor Baker’s bipartisan administration, exciting economic development projects happening statewide, and why he is optimistic about the Massachusetts innovation economy. MassDEP Commissioner Marty Suuberg gave a broad reaching overview of the 25 year privatized program and generously acknowledged the important role of the LSPA in this work. He spoke about MassDEP priorities going forward, including the use of new technology to improve government transparency, emerging contaminants, climate change and resiliency, and brownfields development. Both speakers addressed the value of the work that LSPs and other practitioners do, and its importance to the economic and environmental health of the Commonwealth. 

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The Massachusetts Department of Environmental Protection has updated its Method for the Determination of Volatile Petroleum Hydrocarbons by Gas Chromatography/Photoionization Detector/Flame Ionization Detector (VPH by GC/PID/FID) and the corresponding CAM protocol, WSC-CAM-IVA, Quality Control Requirements and Performance Standards for the Analysis of Volatile Petroleum Hydrocarbons (VPH) by Gas Chromatography/Photoionization Detector/Flame Ionization Detector in Support of Response Actions under the Massachusetts Contingency Plan. The updates include revised calibration requirements, changes to retention time windows for aliphatic hydrocarbons, required traps for the purge-and-trap process, new requirements for data deliverables, and a series of other minor revisions and clarifications. The revised method may be found here VPH Method by GC/PIC/FID. A complete list of the updates is provided in the preface of the revised method. 

Laboratories that are currently performing VPH by GC/PID/FID must make the necessary adjustments to implement the changes to the method on or before June 1, 2018 to comply with the method requirements and certify that the method is being performed in conformance with the CAM protocol, found here WSC-CAM-IVAIf you have questions about the revised method or CAM protocol, you may contact MassDEP at [email protected].

LSPA’s Western Massachusetts Committee had a record-breaking number of attendees at its membership meeting on Monday, January 29. 

We would like to thank our speakers of the evening: Mr. Jason Barroso, Waste Management, Inc.; Mr. Hugo DelRosso, US Ecology and Ms. Eva Tor, Bureau of Waste Site Cleanup, MassDEP’s Western Regional Office. The speakers addressed the topic of Waste Management Considerations for MCP Projects to an audience of 60+.

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Isaac Anderson, of Cooperstown Environmental and the LSPA's Regulations Committee, briefly summarizes the following topics from the January 25, 2018 MassDEP BWSC Advisory Committee:

  • MassDEP FY 19 Governor's Budget
  • Schedule for 2018 amendments to 2014 MCP
  • MassDEP internal coordination on PFAS 
  • CAM and Method Updates on VPH
  • Natural Resource Damages regulation development 
  • SSD system telemetry challenges, pilot testing, and guidance document 


More info can be found here:  https://www.mass.gov/service-details/january-25-2018-bwscac-massdep including link to the video of the full meeting.

April 6, 2017
The LSPA presented the following monthly compliance tip at the April Membership Meeting at Bridgewater State University on April 6, 2017. 

How does one apply Reportable Concentrations and Method 1 Standards when they are equal to the site Oil and Hazardous Materials (OHM) concentrations?


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March 16, 2017
The LSPA presented the following monthly compliance tip on March 16, 2017. 

“Greener Cleanup evaluations” or considerations are not only called out in the MCP under Phase III (Detailed Evaluation Criteria for selecting a comprehensive remedy at 310 CMR 40.0858[4][c]), but also under Response Action Performance Standard (RAPS) at 310 CMR 40.0191(3)(e). 
 
Therefore, Greener Cleanup practices should be considered in all MCP Phases, except during time critical responses (e.g., “2-hour” and “72-hour” reportable conditions). MassDEP provides assistance in the Greener Cleanups Guidance, WSC #14 – 150 (October 2014).

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

LSPA Comments on MassDEP's DRAFT Fact Sheet Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan.
As the presence of Per- and Polyfluoroalkyl Substances (together, PFAS) become more commonly identified and sampled at MCP sites, LSPs and other practitioners need guidance on sampling protocols, analytical methods, and reporting limits. MassDEP's draft guidance begins to address these issues. LSPA comments are embedded in the draft fact sheet.  

As mentioned at the MassDEP Waste Site Cleanup Advisory Committee meeting last month, there will be a meeting on Wednesday, November 16, 2016 to discuss possible revisions to the Massachusetts Contingency Plan provisions concerning Imminent Hazards.

The meeting will be begin at 9:30 am and will be located in Conference Room C on the 2nd floor of MassDEP’s 1 Winter Street, Boston office.  (The duration of the meeting will depend upon the depth and breadth of the discussion. The room is reserved until 12:00 pm.) Please click here for directions.  

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MassDEP Bureau of Waste Site Cleanup is developing a "trailer package" to the 2014 MCP amendments; this package is intended to be a combination of new items that have become apparent since the previous MCP update, items held over from the previous regulatory reform discussion, and corrections to issues that have arisen under the new regulations. 
 
If you have items you'd like considered for MassDEP's trailer package, please reach out to us with an explanation of the issue and what you think needs refining. 
 
The LSPA Regulations Committee will be preparing a submittal for the LSPA Board to review and then submit to MassDEP. This document will comment on topics that MassDEP plans to present for inclusion in the trailer package as well as propose additional topics that the LSPA believes MassDEP should include. 
 
Comments should be sent to us by Wednesday, August 31.  
 
We appreciate your input.
David E. Leone, LSP, Senior Project Manager, GZA, [email protected]
David Foss, LSP, Principal Hydrogeologist, Wilcox & Barton, [email protected]
 
LSPA Regulations Committee Co-Chairs
 

LSPA Comments on MassDEP's Second Public Review Draft LNAPL Guidance 

The LSPA submitted comments on December 18, 2015 to MassDEP on its Second Public Review Draft of Light Nonaqueous Phase Liquids (LNAPL) and the MCP: Guidance for Site Assessment and Closure, Policy #WSC‐14‐450. Read our cover letter and comments

LSPA Files Amicus Brief with MA Supreme Judicial Court  

On September 30, 2015, the LSPA filed an Amicus Curiae (“Friend of the Court”) brief with the Commonwealth of Massachusetts Supreme Judicial Court in the case of Peterborough Oil Company, LLC v. Department of Environmental Protection.  The case is on appeal from Worcester County Superior Court.   

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Overview of 2014 MCP 2014 Regulatory Changes: Characterizing and Closing Out NAPL Sites 

The LSPA has prepared an overview as part of a series of topic discussions and resourc  MCP 2014 Regulatory Changes es pertaining to the 2014 MCP changes; this first in the series provides a discussion of key aspects of  the investigation and closure of NAPL sites. Read more.

By: Matt Young, Senior Project Manager Environmental Affairs, Cumberland Gulf Group of Companies  and Dave Leone, LSP, Senior Project Manager, GZA GeoEnvironmental, Inc.

LSPA Regulations Committee members were in attendance at the July 31, 2014 MassDEP Bureau of Waste Site Cleanup pre-comment meeting on the public review draft Activity and Use Limitation (AUL) Guidance. The meeting was an informative and productive start to the draft guidance review process. The meeting was moderated by Liz Callahan, Acting Director Div. of Policy and Program Development, and included a presentation by Peggy Shaw, Esq.,

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Provisions of the Amended MCP are Fully in Effect

The 2014 MCP is fully in effect.  While most provisions took effect on June 20, 2014, there were certain regulations that became effective on April 25, 2014.  The "unofficial" version of the MCP is available on the DEP website, along with new MCP Questions and Answers.

Request for Information on EPH Results

by: The LSPA Technical Practices Committee

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