LSPA
Now that we have your attention.... The Massachusetts Department of Labor Standards (DLS) has issued updated asbestos regulations; a public hearing will be held this Wednesday, October 21, 2020 at 10 am and written comments are due this Friday, October 23, 2020. This Notice of Public Hearing provides more detailed information.
 
The current regulations at 453 CMR 6.00 can be accessed here. These are being rescinded in conjunction with the issuance of the new updated asbestos regulations, 454 CMR 28.00
 
The LSPA's Regulations Committee is reviewing these proposed regulations on a quick turnaround. If you have comments to contribute, please send them to [email protected] by no later than 5 pm Wednesday, October 21, 2020. We suggest that you also submit your comments to DLS separately since we cannot guarantee that they will be included in the LSPA's submittal.
 
Thank you.
Regulations Committee Co-Chairs
Kate Dilawari, LSP, Haley & Aldrich
Denise Kmetzo, DABT, Collaborative Risk Solutions LLC

Before an audience of over 200 people on a Zoom videoconference, the LSP Association (LSPA) honored (and surprised!) Paul Locke, Assistant Commissioner, Bureau of Waste Site Cleanup at the Massachusetts Department of Environmental Protection (MassDEP), with its Contribution to the Practice Award. 

The LSPA presents this award to an individual or organization from the public, non-profit, or private sector for outstanding contributions to the practice and advancing the profession over the previous year.  

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The LSPA received the following email, addressed to public water suppliers, from MassDEP's Drinking Water Program, with information and details on the October 2, 2020 publication of final regulations establishing a 20 parts per trillion (ppt) drinking water standard, or a Maximum Contaminant Level (MCL), for the sum of six per- and polyfluoroalkyl substances (PFAS). 
September 24, 2020
 
Re:  Final PFAS Maximum Contaminant Level (MCL) and Updates
 
Dear Public Water Suppliers:
 
On October 2, 2020, the Massachusetts Department of Environmental Protection (MassDEP) will publish final regulations establishing a drinking water standard, or a Maximum Contaminant Level (MCL), for the sum of six per- and polyfluoroalkyl substances (PFAS). The MCL is 20 parts per trillion (ppt) for what the regulations call PFAS6, or the sum of six PFAS compounds: perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). PFAS are a family of chemicals widely used since the 1950s to manufacture common consumer products. They have been linked to a variety of health risks, particularly in women who are pregnant or nursing, and in infants. In using the sum of six PFAS compounds, the new standard protects public health for sensitive subgroups including pregnant women, nursing mothers and infants.

Of special interest in the new regulations, Public Water Supplies (PWS) in the Community (COM) and Non-Transient Non-Community (NTNC) categories will begin quarterly sampling for PFAS6:
  • Large COM PWS (>50,000 population) - 1/1/2021
  • Medium PWS (>10,000 & <=50,000 population) - 4/1/2021
  • Small COM and NTNC PWS (<=10,000 population) - 10/1/2021 
Transient Non-Community (TNC) PWS are not subject to the PFAS MCL requirements, but they are required under the regulations to collect one PFAS6 sample by September 30, 2022. Case-specific health assessments of drinking water PFAS6 concentrations at TNC systems can be required under existing authority.

To assist public water suppliers in preparing for and implementing the new PFAS regulations, the Baker-Polito Administration provided funding to MassDEP in the FY 2020 Supplemental Budget for testing for PFAS. I encourage all Public Water Suppliers (PWS) to take full advantage of the Commonwealth's Free PFAS Lab Analyses Program to conduct sampling and analyses for PFAS in your public water system. Testing for PFAS may also enable communities to take advantage of limited funding programs providing grants for remediation design and zero percent loans for construction. The Administration has announced more than $1.9 million in awards to 10 public water supply systems - Ayer, Westfield, Barnstable and Hyannis, Hudson, Millbury, Barnstable and Cummaquid, Acton, Easton, Devens, and Braintree, Holbrook and Randolph - to support their efforts to address PFAS contamination and design treatment systems to eliminate it in their drinking water.
PWS can sign up for free PFAS laboratory analyses at https://www.surveymonkey.com/r/S7QHNF2, or can send a request with the information described in the survey (e.g. PWS name, PWS ID#, # of sources already tested, number of sources to be tested, and system population) to [email protected], Subject: "PFAS free lab analyses."
MassDEP has started accepting applications to certify labs for PFAS analysis. Once labs receive Massachusetts certification they will appear in the Online Searchable Laboratory Certification Listing
 at https://eeaonline.eea.state.ma.us/DEP/Labcert/Labcert.aspx. (Search for Analyte = PFAS and Matrix = Potable (Drinking Water).) Until then, we recommend you use a laboratory from the list of MassDEP DWP approved labs, or use a lab certified by another state or certification authority for the analysis of PFAS; see the National Environmental Laboratory Accreditation Management System.
 
For the complete text of the PFAS regulations, please see: https://www.mass.gov/lists/development-of-a-pfas-drinking-water-standard-mcl. For the press release on the PFAS regulations and grants see https://www.mass.gov/dep. For more about the development of the PFAS regulations, please see https://www.mass.gov/lists/development-of-a-pfas-drinking-water-standard-mcl.
 
If you have any questions please contact me or the MassDEP Drinking Water Program at [email protected]
 
Sincerely,
 
 
Yvette DePeiza
Director, Drinking Water Program
MassDEP/BWR
 
For more information about PFAS and the Department's efforts to address these contaminants, please see: https://www.mass.gov/info-details/per-and-polyfluoroalkyl-substances-pfas.
 

The following LSPA compliance tip was presented at the September 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on September 24, 2020.  

The MCP requires that a sketch plan be attached as an exhibit to an AUL.  Don’t be fooled by the informality of the term “sketch;” specific information must be included in the plan including:

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The LSPA's Climate Change (CC) Subcommittee of the Technical Practices Committee is, among other things, working to identify questions and issues that might be helpful to MassDEP as they develop guidance on proposed climate change regulations as presented in the 2019 Draft MCP Amendments.

The Subcommittee recently became aware of a public comment period on the Resilient MA Action Team's (RMAT's) Climate Resilience Design Standards and Guidelines Project. Click here for more information.

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The LSP Association (LSPA) requests your nominations for our 2020 "Contribution to the Practice" Awards in a new category: The LSPA Environmental Justice Award.
 
This award category was approved by the LSPA Board in early September 2020 as one action the LSPA can take to increase awareness of Environmental Justice (EJ) issues and support environmental justice communities.
In Massachusetts, a neighborhood is defined as an Environmental Justice population if any of the following are true:
  • Block group whose annual median household income is equal to or less than 65 percent of the statewide median ($62,072 in 2010); or
  • 25% or more of the residents identify as a race other than white; or
  • 25% or more of households have no one over the age of 14 who speaks English only or very well
Learn more here.
 
The LSPA Environmental Justice Award is presented to an individual or organization from the public, non-profit, or private sector for recent or continuing outstanding contributions in increasing awareness of EJ issues and/or supporting EJ communities.
 
This year, the award will be presented at the LSPA December 2020 Membership Meeting webinar.
 
If you wish to nominate a deserving person and/or organization, please email Kristi Lefebvre, LSPA Communications Mangager, at [email protected] with the nominee's name and supporting materials. The deadline for nominations is Wednesday, September 30, 2020.
 
Nomination applications should include the following:
  • The name and affiliation of the nominator and his or her relationship to the nominee.
  • For individuals, the name and title of the nominee and organization with which s/he is associated. For organizations, include the name and title of the key contact, and the specific name of the division, office, or department nominated. Be as specific as possible.
  • A narrative statement of no more than 2 pages describing the focus of the nomination and the nature of the nominee's contributions. The nominator will be contacted if the LSPA Board requires additional information.  
The LSPA Board of Directors will review the letters of nomination and supporting materials for all nominees, and will contact references if appropriate. The Board will discuss and then vote on nominees. Awards are made at the sole discretion of the LSPA Board of Directors. Awards are not always made in each category. There may be more than one award presented in any category.
 
Read here for more information about the LSPA's other Contribution to the Practice Award categories.
 
To view the list of prior award recipients, please click here.
 
Michele Paul, LSP, President
July 2020 LSP License Renewals  
The following statement, which clarifies Governor Baker's recent Executive Order related to LSP renewals, has been posted on the LSP Board of Registration website. Please see below and direct renewal questions to the LSP Board at [email protected]

On June 26, 2020, Governor Baker issued COVID-19 Executive Order No. 41 which rescinded the automatic license renewals for LSPs. Therefore, LSP license renewals due on or after July 10, 2020, must be received by close of business July 30, 2020, pursuant to 309 CMR 3.06(1). The LSP Board now notifies all LSPs who must file an Application for Renewal of LSP License in July 2020, that they may file an Application for 90-day extension as defined in 309 CMR 3.06(5)-(6). Additionally, LSPs who meet the criteria outlined in 309 CMR 2.12 may file a Petition for Waiver. Please note that Petitions for Waiver of fees are prohibited by the regulation. All petitions and Applications for 90-day extensions must be received by close of business July 30, 2020. 
Job Opportunity at LSP Board
The Board of Registration of Hazardous Waste Site Cleanup Professionals, an agency within the Executive Office of Energy and Environmental Affairs, is searching for an LSP Board Scientist/Investigator/Environmental Analyst IV

To learn more, please review the full job description. Please note that "First consideration will be given to those applicants that apply within the first 14 days."


TAG Grant RFP Posted on LSPA Job Board
There is a new posting on the LSPA's Job Board for technical assistance at the Olin Chemical Superfund site in Wilmington, MA. The Wilmington Environmental Restoration Committee, Inc. (WERC) is a citizen group of Wilmington and Woburn residents organized in 2007. Their funding is provided through the USEPA's Technical Assistance Grant program. Proposals are due by close of business on Wednesday, August 5, 2020.

Read the RFP posting here.

Governor's New Orders on Licenses and Permitting
At the July 9, 2020 BWSC Office Hours, Paul Locke, BWSC Assistant Commissioner, discussed Executive Order COVID-19 #42 "Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits"
Check out the meeting video here. Starting at about 17:20 minutes, the Assistant Commissioner clarifies state permitting and appeals deadlines and discusses how this may impact those working in areas regulated by BWSC.
 
The BWSC continues to hold weekly office hours every Thursday at 9:00 am. Go here for more details. 
 
Recordings of past office hours can be found here 

Public Involvement Q & A
The BWSC continues to add new items to the MCP Q & A: Covid-19 Edition. The most recent questions pertain to conducting public involvement activities, specifically in these areas:
  • Emailing local officials,
  • Conducting public meetings at PIP sites, and
  • Establishing information repositories.
The MCP Q&A: COVID-19 Edition consists of Questions & Answers about the notification, assessment, cleanup and closure of sites during the COVID-19 State of Emergency. Questions may be submitted to BWSC at [email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the website page.

LSPA Summer Plans
The LSPA plans to hold live webinars and offer several new on-demand, online courses throughout the summer. Please watch your email inbox for announcements, and also check the LSPA's course webpage regularly. In the meantime, if you have suggestions for webinar speakers or topics, don't hesitate to share them with us by writing [email protected].


LSPA's July 2020 Member Newsletter has been published! Table of Contents is listed below. Please log in to your account and visit Member Materials to view the full newsletter.

In this Issue....

The LSPA just received the following email from Paul Locke, Assistant Commissioner, MassDEP.  

I hope you are all healthy, safe and looking forward to a relaxing long weekend.  Before you head out, though, I wanted to highlight two recent Executive Orders that affect our environmental work.
 
First, Executive Order COVID-19 #41  rescinds the March 18th Executive Order Extending the Registrations of Certain Licensed Professionals (which extended professional licenses set to expire during the state of emergency) as of July 10th.
This means that any licenses that expire on or after July 10th will not be extended automatically by Executive Order, so those licensees will need to make sure they either get their licenses renewed or extended by the time their current license expires. It orders licensing boards to extend all registrations that had been covered by the March 18th Executive Order to at least October 1, 2020. Note that this material is in the second section of the Order - the first section deals with unrelated Child Care issues.
A copy of that Order is available here.
 
Second, Executive Order COVID-19 #42 "Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits"
 
For appeals, the new Executive Order works like this:
  • if the deadline to file an appeal would have fallen, or will fall, between March 10th and July 1, 2020, the new deadline to file an appeal will be August 10th.
  • if the deadline to file an appeal falls after July 1, 2020, the deadline would be August 10th or the normal appeal deadline under MassDEP rules, whichever is later. 
For constructive approvals:
  • if the deadline for MassDEP to act on a constructive approval would have fallen between March 10 and July 1, MassDEP's new deadline to act would now be August 17th.  
  • if the deadline for MassDEP to act would fall after July 1, the deadline would be August 17th or the normal deadline for MassDEP to act under its rules, whichever is later.
For the other things affected by the COVID-19 Executive Order No. 17 (permit decision deadlines, hearing deadlines):
  • if the deadline for MassDEP to act on a permit application or hold a hearing would have fallen between March 10 and July 1, the new deadline to act would now be August 10th.  
  • if the deadline for MassDEP to act would fall after July 1, the deadline would be August 10th or the normal deadline for DEP to act under its rules, whichever is later. 
A copy of that order is not yet on the state website (as of this email), but it should be available there shortly. Go to Mass.Gov and use the Search function to find, "Order Resuming State Permitting"  or other parts of the document title.
 
BWSC will plan to discuss these new Executive Orders - and any other questions you may have - at next week's BWSC Office Hours.  They are every Thursday at 9:00 am (except today, to give you the chance for a longer weekend.)  Details here.  

Again, have a good long weekend and maybe we'll see you next Thursday.

----------------------------------------------------------
Paul W. Locke
Assistant Commissioner
MassDEP Bureau of Waste Site Cleanup
1 Winter Street, Boston, MA 02108
 
617-556-1160
[email protected]

The following LSPA resource tip was presented at the June 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on June 18, 2020.  

LSPA Resource Tip for More Resilient and Sustainable Remediation Solutions 

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The LSPA Board is pleased to announce that three candidates have been elected to the LSPA Board of Directors for 2020 - 2023:
Thank you to all who voted. We received 150 completed ballots. 
 
At the end of June 2020, LSPA Board Member Jeanine Grachuk's Board term will come to an end. Jeanine is an environmental attorney and Partner at Beveridge & Diamond P.C. We thank her for her many contributions as a Board member and Clerk.  

We feel fortunate to have a vibrant association led by such skilled and dedicated professionals
Sincerely,
   
David Leone, LSP
LSPA President-Elect, 2020-2021



This 20-minute video created by Phil Platcow, Senior Vice President for Health & Safety at The Vertex Companies, Inc., shows us how to get our home workspace set up for ergonomic success! Phil covers several different areas including what ergonomics is and how to have the proper at home set-up. He even tackles how to avoid distractions and provides information on our overall wellness. A BIG thank you to Phil and VERTEX for sharing their content with the LSPA and it's members. We hope you all enjoy the video. 



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BWSC Q & A: Covid-19 Edition
At last week's BWSC Office Hours, Paul Locke, BWSC Assistant Commissioner, announced that MassDEP has added a new question to the MCP Q & A: Covid-19 Edition. The question pertains to Limited Removal Action (LRA) Extensions.
 
The question is whether extensions will be granted in situations where there is an inability to meet the 120-day deadline for completing an LRA. In this case the delay is due to construction shutdowns in Boston.
 
MassDEP's response is:
If your client cannot conduct the Limited Removal Action prior to the end of the 120 days from the time s/he had knowledge of the PCB release, your client must notify.  
 
The Department has issued guidance (available here) that describes its expectations and application of enforcement discretion for certain delays in conducting response actions during the COVID-19 State of Emergency.  As stated in the guidance, all 2-hour, 72-hour and 120 day notifications must continue to be made during the State of Emergency. This is consistent with the provisions at 310 CMR 40.0025(1), which allow for written notices of delay in the case of a Force Majeure "except a deadline or time period for providing notification of a release or threat of release of oil and/or hazardous material, or an Imminent Hazard, as required by 310 CMR 40.0300..."
Questions may be submitted to MassDEP's BWSC at [email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the webpage.
City of Boston Covid-19 Tools of the Trade
The City of Boston Inspectional Services Department has implemented new protocols for essential construction work in the City of Boston due to the Covid-19 public health emergency.  As of May 18, 2020, The City of Boston began allowing essential construction on sites that met certain criteria, including filing a Covid-19 Safety plan and a signed affidavit. 

To stay up to date with the latest news on construction in Boston, visit this 
website. You will also find Covid-19 guidelines and guidance videos there.
Take a look at this 
video for tips to ensure your Boston jobsite is safe, sanitary and in compliance with Covid-19 requirements.


Indoor Air and Covid-19
The LSPA's Technical Practices Committee (TPC) reminds us that the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has prepared a list of resources to address Coronavirus airborne transmission in hospitals, aircraft and other enclosed spaces.  It can be found here
 
If the topic of indoor air and building design/ventilation is of interest to you, please consider attending a TPC meeting; this topic is usually one of several meeting agenda items. The committee meets next by Zoom on June 10th from 8 am to 10 am. Contact Committee Chair Roger Thibault to receive the Zoom link.


Occupational Health and Safety
Another resource discussed at a recent TPC meeting is this guidance document from the U.S. Occupational Safety and Health Administration (OSHA) entitled "Guidance on Preparing Workplaces for COVID-19."
As COVID-19 continues to impact our daily lives, we want to recognize members of the LSPA who are going "above and beyond" by donating their time and resources to help others through this difficult period.

Below are two examples of these generous contributions. Kudos to Trident Environmental and Amy Rosenstein. Please contact us at [email protected] if you know of others who are helping.

Trident Environmental Group provided free decontamination services for first responder vehicles at their Norfolk headquarters. All surrounding towns were invited to participate in the April 18th event. Trident serviced about 60 police, fire and medical vehicles from Norfolk, Wrentham and Plainville.

Teams from the environmental contracting firm used their Steramist surface units to thoroughly disinfect first responder vehicles with a hydrogen peroxide-based mist and fog composed of ionized hydrogen peroxide.

          

Amy Rosenstein, Risk Assessor at the US Army Corps of Engineers, New England District, and LSPA member, is sewing face masks in her spare time for the Lexington Coalition Mask Team. This group has been donating masks to social service agencies and medical facilities. So far, they have collectively contributed 14,533+ handmade masks to those who need them. 

     
As you know, the LSPA has launched itself into the professional development world of webinars. So far, the response to our efforts has been overwhelmingly positive. Members and non-members alike report their great satisfaction with the more convenient and "greener" option of taking courses electronically (OK - and the in-person option just isn't available right now....). The LSPA's Education Committee is looking for webinar presenters. Do you have an area of expertise or a project you think would be interesting to LSPs and other practitioners? Did you plan to deliver a paper but your conference was cancelled? Have you developed a brown bag lunch presentation but your dog just isn't interested? The LSPA would like to hear from you! Our staff will handle all the logistics for one- to two-hour webinars (including applying for LSP credit if appropriate). We offer a stipend and lots of visibility. Please write us at [email protected] with your topics and ideas. We'd love to hear from you.

LSPs and other practitioners wear many different public health and safety "hats;" some serve in local government, some are EMTs or other first responders, and some organize equipment or food drives. Still others provide pro bono professional services. The LSPA is seeking information on members who are providing valuable services during this time, above and beyond their typical duties, so that we can recognize their good work. Please send a brief write-up to the LSPA at [email protected] about what you or someone you know is doing to contribute to the commonwealth during this pandemic. Photos would be great! With your permission, the LSPA may use this in our social media, our newsletter, or other communications. Sharing good news and good deeds will help us all feel a little bit better during this strange time!

Do you have a client with a residential heating oil spill? As upsetting and difficult as that can be under "normal" circumstances, it has surely been more complicated under the current restrictions.

The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, has successfully moved out of the legislature's Joint Committee on Financial Services and is now with the Senate Ways & Means Committee. The LSPA is preparing to update key legislators on the need for this insurance; it is our understanding that the state senate is hoping to meet again next month.

Please contact our Executive Director Wendy Rundle at [email protected] if you or your client is interested in sharing information with the LSPA about a recent residential heating oil release. Our ability to provide actual examples, even anonymously, has proven to be most persuasive with legislators.


The following LSPA tip was presented at the April 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on April 28, 2020.  

LSPA Tip for eDEP Submittals During the Time of COVID-19

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