MassDEP
The LSPA submitted this response to MassDEP's invitation to offer written feedback on the "PFAS Petition" by the Conservation Law Foundation and Toxics Action Center. Read the letter here

MassDEP Response to CLF and Toxics Action PFAS Petition
In a January 28, 2019 email, Douglas E. Fine., Assistant Commissioner, Bureau of Water Resources, MassDEP wrote:

As you know, MassDEP received a “Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl Substances” on October 25, 2018 from the Conservation Law Foundation and Toxics Action Center.  In accordance with regulatory requirements under 310 CMR 2.03 and 2.04, MassDEP held a public meeting on January 16, 2019 to consider the petition and to take comments on the petition. This opportunity allowed for representatives of the Conservation Law Foundation and the Toxics Action Center to present their views on the petition to 71 participants attending the meeting in person, and more than 80 watching via on-line stream.  The public meeting also allowed for 21 stakeholders to formally offer their views. In addition, MassDEP received written comments from 45 different individuals and organizations. MassDEP greatly appreciates attention to this important matter from the petitioners, and the agency is very appreciative of the participation of all stakeholders through their written and oral comments, and attendance and viewing of the public meeting.


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Thank you to Ryan Kath and the team at NBC10 Boston for this piece illustrating the serious challenges of home heating oil releases, especially for those who are uninsured. We expect two more parts to this series, with the final part focusing on legislation that would require insurance companies to provide specialized liquid fuel release insurance riders.  
 

While we can't comment on the specifics of this Blackstone property, we can say that Licensed Site Professionals (LSPs), attorneys, the Massachusetts Department of Environmental Protection (MassDEP), and the LSP Association (LSPA) hear regularly from homeowners who are overwhelmed and desperate about how they will afford to clean up home heating oil releases on their properties to meet the requirements of the State’s environmental regulations. Home heating oil spills are emotional and difficult for all involved.  

Many homeowners do not have the financial means to pay for costly cleanups, and MassDEP does not have the public funds to do this itself. The backing of homeowners' insurance companies is critical to make cleanups financially viable. The LSPA is working with state legislators to mandate that insurance companies provide coverage to homeowners using oil heat - just like they do for homeowners using electric, gas, and other energy sources, and just as most homeowners would expect when purchasing insurance.  

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The LSPA presented the following compliance tip at the January Membership Meeting at the Holiday Inn in Taunton, MA on January 16, 2019.  

Compliance Tip of the Month

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The LSPA received the following email from MassDEP yesterday. Representatives of the LSPA will attend this meeting.

From: Locke, Paul (DEP) <[email protected]>
Date: Thu, Dec 20, 2018 at 4:11 PM
Subject: Invitation to Meeting on PFAS Petition (1/16/19, 10:00 @ MassDEP, Boston)
MassDEP Waste Site Cleanup Stakeholder,
 
The following email was sent to stakeholders of the MassDEP Drinking Water Program, but the information discussed will also be relevant to the Waste Site Cleanup Program. Please consider attending the meeting or viewing online.
-          Paul Locke
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Paul W. Locke  |  Assistant Commissioner  |  MassDEP Waste Site Cleanup
www.mass.gov/dep  |  [email protected]  |  617-556-1160 

 
MassDEP Drinking Water Stakeholder,
 
I am writing to invite you to participate in a meeting that will be held by MassDEP on Wednesday, January 16, 2019 at 10:00 am at MassDEP's Boston Office.  The purpose of the meeting is to discuss and solicit your feedback on a petition titled: "Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl Substances."  The petition was submitted to MassDEP in October 2018 by the Conservation Law Foundation and Toxics Action Center pursuant to M.G.L. c. 30A, § 4.  MassDEP intends to act in accordance with the relevant provisions of 310 CMR 2.00 et seq., which require MassDEP to hold a meeting to consider the petition, and after the meeting to notify the petitioners of the Department's actions.  The petition, and information about the meeting, is available at: https://www.mass.gov/lists/petition-for-rulemaking-to-establish-a-treatment-technique-drinking-water-standard-for-pfas.
 
At the meeting, the petitioners will have the opportunity to present an overview of their petition.  MassDEP will provide an overview of the Drinking Water program's implementation of the federal Safe Drinking Water Act, including some background on PFAS and an update of actions taken by MassDEP to date.  There will be an opportunity for the public to offer feedback on the petition.  If you would like to offer brief, oral feedback at the meeting, please pre-register by sending an email to [email protected], and include "PFAS Petition Meeting" in the subject line of your email.  Please note that oral feedback will be time-limited in order to ensure that everyone has an opportunity to speak.  MassDEP will also accept written feedback on the petition.  If you would like to submit written feedback, we encourage you to send it electronically in advance of the meeting to [email protected], with the subject line of "PFAS Petition Feedback."  You may also submit feedback in hard copy at any time up to the close of the public meeting.
 
The meeting will be held at MassDEP's offices at One Winter Street, Boston, 2nd floor conference rooms A, B and C, at 10 AM on Wednesday, January 16, 2019.  Directions are available at https://www.mass.gov/service-details/massdep-boston-office.  If you are unable to attend in person, the meeting will be available via live-streaming at https://www.youtube.com/channel/UCswijd-Vuwa0jMR4EroSm8w/live.
 
We look forward to your participation at this meeting.  Please contact the Drinking Water Program at [email protected] with the subject line of "PFAS Petition Questions," or call 617-292-5770 with any questions.
 
 
Sincerely,
Douglas E. Fine
Assistant Commissioner, Bureau of Water Resources
Massachusetts Department of Environmental Protection


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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We had a great turnout at last week's Western Massachusetts Membership Meeting, "A Fresh Look at Brownfields Challenges and Opportunities". The presentation slides have been posted on the LSPA website under Member Materials. Please visit here to download the materials or click directly on the links below:
Thank you to our sponsors for the evening: Con-Test Analytical Laboratory and Regenesis. We appreciate your continued support!


   
Paul Locke sends this reminder about who to contact regarding eDEP questions. MOST of the time it's the BWSC eDEP email box and once-in-a-while it's the EEA Service Desk. Read more below.
 
Do You Have Questions or Need Assistance with BWSC Forms, eDEP, or BWSC's  Searchable Sites List (i.e., the On-Line Data Portal)?
 
As you know, eDEP is MassDEP's on-line filing system for submitting DEP transmittal forms and other documents to MassDEP. 
 
MassDEP's eDEP system is maintained by the agency's EEA Information Technology Staff, with input from the BWSC Program.  Should you find yourself needing help with eDEP, we can help you better and faster by directing your question to the people with the right expertise.  
 
For most questions relating to eDEP and BWSC Forms, please email the BWSC eDEP email box, [email protected].
 
For questions or problems filling out BWSC Forms, accessing BWSC Site Files through the Data Portal or accessing Resource Maps, and for Data Requests and Corrections, LSP Proofs and Change of Address  contact BWSC for assistance at [email protected].

Contacting BWSC directly in most instances avoids multiple forwarding of e-mails and ensures that your questions are answered in a timely manner.  A BWSC staff member is assigned daily to answer questions sent to the BWSC.eDEP mailbox and typically will get back with a response within one business day.
 
For technical eDEP problems onlysuch as system slowness or availability, failure to upload forms or attachments, blank screens, passwords and other nuts/bolts/electron issues, please email the EEA Service Desk directly or call 617-626-1111.
  
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Paul W. Locke  |  Assistant Commissioner  |  MassDEP Waste Site Cleanup
www.mass.gov/dep  |  [email protected]  |  617-556-1160 
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The LSPA received the below press release from MassDEP.  In the email, Paul Locke noted, "As we have discussed PFAS at the MassDEP WSC Advisory Committee meetings, including the promise of MCP Reportable Concentrations and Method 1 Standards in the upcoming proposed revisions to 310 CMR 40.0000, you may be interested in the following press release from the US EPA."
 
EPA Releases Agenda for New England PFAS Community Engagement Event
 
Boston (June 18, 2018) - Today, the U.S. Environmental Protection Agency (EPA) released an early agenda for the inaugural per- and polyfluoroalkyl substances (PFAS) two-day community engagement event at Exeter High School, 1 Blue Hawk Dr., Exeter, New Hampshire. This event allows EPA to hear directly from New England communities, state, local, and tribal partners on how to best help states and communities facing this issue. 
 
Additional details will be posted on the PFAS Community Engagement website
 
Both days will be open to the public and the press. If you are interested in attending the event on June 25 and/or June 26, please register here: https://www.epa.gov/pfas/forms/pfas-community-engagement-exeter-nh. The public is invited to speak during the June 25 listening session. Those interested in speaking should sign up for a three-minute speaking slot while registering.
 
Please check back at the PFAS Community Engagement website for further information leading up to the event. Citizens are also encouraged to submit written statements to the public docket at https://www.regulations.gov/ enter docket number: OW-2018-0270.
 
New Hampshire marks the first community engagement. Throughout the summer, EPA will visit and similarly engage with additional communities across the country. Information on these upcoming sessions will also be available on the EPA website
 
At the PFAS National Leadership Summit in Washington, D.C. on May 22-23, Administrator Pruitt announced four actions EPA will take:
  • EPA will initiate steps to evaluate the need for a maximum contaminant level (MCL) for PFOA and PFOS. We will convene our federal partners and examine everything we know about PFOA and PFOS in drinking water.
  • EPA is beginning the necessary steps to propose designating PFOA and PFOS as "hazardous substances" through one of the available statutory mechanisms, including potentially CERCLA Section 102.
  • EPA is currently developing groundwater cleanup recommendations for PFOA and PFOS at contaminated sites and will complete this task by fall of this year.
  • EPA is taking action in close collaboration with our federal and state partners to develop toxicity values for GenX and PFBS by this summer. 
The public's input is incredibly valuable and meaningful to EPA. Using information from the National Leadership Summit, public docket, and community engagements, EPA plans to develop a PFAS Management Plan for release later this year. In addition, a summary of the New England community engagement event will be made available on the PFAS Community Engagement website following the event.
 
Additional information can be found at: https://www.epa.gov/pfas/pfas-community-engagement 

The LSPA presented the following compliance tip at the June Membership Meeting at the Holiday Inn in Taunton, MA on June 13, 2018.  

Conducting Public Involvement at PIP Sites

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MassDEP released drinking water guidelines today for five PFAS chemicals and sent the following information to Public Water Suppliers and other parties.
 

From the Waste Site Cleanup perspective, the background information on the development of the guideline will also serve as background information for Waste Site Cleanup’s soon-to-be-proposed MCP Method 1 GW-1 Standard for PFAS. 

MassDEP expects to keep us up-to-date throughout the summer on the status of the proposed MCP revisions and MassDEP’s approach to PFAS.

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The LSPA presented the following compliance tip at the May Membership Meeting at the DoubleTree Hotel in Westborough, MA on May 17, 2018.  

MassDEP recommends that at sites relying on a sub slab depressurization system (SSDS) to prevent exposure to contaminants of concern, annual checks be conducted of fan operation status and for potential differential pressure drops. These annual checks should be conducted as part of site maintenance and monitoring activities, and are recommended even after the installation of remote monitoring (telemetry). 

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MassDEP’s internship application period is open now through April 30. MassDEP is seeking a student (or team of 2 or more students) that would be interested in developing articles or mini-video documentaries about the history, decline and rebirth of some of the region’s brownfields (‘Brownfield Success Stories”). This internship will expose students to researching the history of disposal sites, learning about site cleanup assessment and technologies, and understanding Massachusetts cleanup process and regulations. (This position requires the type of due diligence research and report writing that would be required of a young environmental consultant). 

This internship may be a good fit for liberal arts students with a background in history or communication/journalism, as well as students in environmental science or the earth sciences. The internship is unpaid, but the hours can be part-time and flexible. 

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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.

The LSPA presented the following compliance tip at the January Membership Meeting at Doubletree Hotel in Westborough, MA on January 11, 2018. 

"A feasibility evaluation is required to close any site at which NAPL with Micro-scale Mobility is present. 
310 CMR 40.1003(7)(a)2 states that a Permanent Solution shall not be achieved until "all NAPL with Micro-scale Mobility is removed if and to the extent feasible based upon consideration of CSM principles." 
This feasibility evaluation must be conducted in accordance with the requirements of 310 CMR 0860."

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

The Massachusetts Department of Environmental Protection (MassDEP), the state agency responsible for protecting the environment in the Commonwealth of Massachusetts, recently honored long-time LSP Association member, James Soukup, with a Greener Cleanups Award at the LSPA’s September Membership Meeting in Newton, MA.

Soukup, a Licensed Site Professional (LSP) and Principal Hydrogeologist at Weston Solutions Inc., and his client, Westover Air Reserve Base in Chicopee, Massachusetts, received the Greener Cleanup Leadership Recognition Award for demonstrating professional stewardship in promoting Greener Cleanup principles and practices to reduce the overall net environmental footprint of hazardous waste site cleanup response actions implemented under the Massachusetts Contingency Plan (MCP).

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The LSPA presented the following compliance tip at the September Membership Meeting at Marriott Newton Hotel in Newton, MA on September 26, 2017. 

When a property with a Notice of Activity and Use Limitation (AUL) has been sold, the Responsible Party must submit to MassDEP a Form BWSC 113 with a copy of the recorded deed conveying the record title.  Remember it is essential that subsequent property owners be given notice of the AUL.

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Phase I of The Energy and Environmental Information and Public Access System (EIPAS) is now LIVE!

MassDEP Commissioner Suuberg is pleased to announce that the first phase of the Energy and Environmental Information and Public Access System (EIPAS) has been released. With this release, the Executive Office of Energy and Environmental Affairs (EOEEA) has implemented online permitting for MassDEP permits in the Toxic Use Reduction, Solid Waste, Hazardous Waste, Drinking Water and Air Quality Programs. There are plans for additional permits to go online in 2018. Two data portals have also been released: 
  • One data portal will enable online submission of public comments on applicable permit applications
  • The second data portal will allow for searching of MassDEP permit, inspection, facility and enforcement data. 

Additional data will be exposed in the data portal in 2018. 

Click here to read the official press release and to explore the data portals.
Apply by June 30, 2017 for MassDEP's FY 2017 Greener Cleanup Leadership Recognition Program
 
MassDEP's Bureau of Waste Site Cleanup (BWSC) is sponsoring a Greener Cleanup Leadership Recognition Program to further promote cleanup approaches that consider all the environmental effects of assessing and remediating contaminated sites. MassDEP will recognize the person(s), entity, or project that demonstrates professional performance in the promotion, development, evaluation and implementation of activities intended to reduce the net environmental footprint of site assessment and remediation conducted in accordance with the MCP. 
Eligibility: 
  • Any response action submittal completed in accordance with applicable requirements of the Massachusetts Contingency Plan (MCP) in consideration of the "Greener Cleanup" elements prescribed at 310 CMR 40.0191 and, as applicable, at 310 CMR 40.0858. 
  • Any response action completed between July 1, 2016 and June 30, 2017.  
Submission for selection must be received by MassDEP no later than June 30, 2017
  • Nominate yourself or a colleague by emailing Thomas Potter and/or Susan Fessenden
    • Include: Release Tracking Number (RTN), submittal type/name, submittal date.
  • MassDEP will also independently review Response Action submittals 
For more details, contact Thomas M. Potter, LEED Green Assoc.® | Chief, Clean Energy Development CoordinatorMassDEP | Bureau of Waste Site Cleanup, 617.292.5628, [email protected].
 
Climate & Clean Energy on the web: Climate & Clean Energy | MassDEP