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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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MassDEP BWSC Introduces New Q&A on MCP Issues During State of Emergency
At the MassDEP Bureau of Waste Site Cleanup (BWSC) April 23, 2020 Office Hours, Assistant Commissioner Paul Locke shared new resources that practitioners should be aware of.
 
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.
 
Also posted on this page is guidance from U.S. EPA on work at CERCLA (Superfund) and RCRA Corrective Action Sites during the COVID-19 Pandemic. Read more here
 
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.  
 
For additional information, refer to the BWSC April 7, 2020 Fact Sheet entitled

Many thanks to BWSC for providing these resources.  

Be well and stay safe.
Wendy Rundle, Executive Director


Let's be honest, one of the best things about attending an LSPA Member Meeting at the Westborough Doubletree Hotel is the chocolate chip cookies. Many an LSP has been seen doubling up on them at LSPA programs, or stuffing them in their pockets "for the ride home."   

We are disappointed to not be holding our May 2020 member meeting at the Doubletree but, if you're in the mood to bake (and eat!), you can still enjoy their chocolate chip cookies.  

For the first time, the hotel has revealed its cookie recipe. Read more here.
Print out the recipe here.


The LSP Association Scholarship Fund is accepting applications for educational scholarships for the 2020-2021 academic year. Deadline for submission has been extended to Friday, May 29, 2020.

The scholarship program supports continued education within environmental fields of study at colleges and universities throughout New England.
 
The goal is to provide two scholarships, each up to an amount of $5,000, to qualified individuals. 
 
One of the scholarships, established in 2007, honors the outstanding contributions to the profession of LSPA past president Jeffrey M. Hardin, and is awarded to an individual who is part of the LSP community. The applicant for this scholarship must be an LSPA member or an immediate family member of an LSPA member and enrolled in a degree program at an accredited New England college or university. 
 
The applicant for the other scholarship does not have to be an LSPA member or in the immediate family of an LSPA member but must be a qualified Massachusetts resident who is enrolled in a Massachusetts college or university with a major in environmental studies.
 
Please visit www.lspa.org for application information. Deadline for submission has been extended to Friday, May 29, 2020.  

The LSPA received the following email yesterday afternoon from MassDEP BWSC. Among other things, it highlights a fact sheet with guidance outlining expectations related to MCP requirements and site work during the COVID-19 State of Emergency, including discussion of meeting response action deadlines for routine submittals. MassDEP recommends that should work be delayed by postponed field work, reduced staffing, or other interruptions, parties should notify MassDEP of the compliance delay in writing, include the deadline(s) that will be missed, and any measures, if applicable, taken to secure the disposal site during the period of work stoppage. The written notice of delay should be submitted to MassDEP through eDEP using transmittal form BWSC121: Notification of Delay. 

MassDEP BWSC also notes that it intends to exercise enforcement discretion for failure to meet deadlines for routine submittals during this State of Emergency. 
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MassDEP has published a Fact Sheet on the continuity of waste site cleanup activities during the COVID-19 State of Emergency.  

I expect we will discuss the new Fact Sheet and other matters during this week's BWSC Office Hours on Thursday morning. (DETAILS: https://www.mass.gov/service-details/bwsc-office-hours-video-calls)

As always, questions can be directed to [email protected] prior to the Thursday call.
 
I hope you are all safe & well.

  • Paul Locke

On Friday, April 3, 2020 the LSPA submitted comments to the MA Department of Revenue on Working Draft Regulation 830 CMR 63.38Q.1, the Massachusetts Brownfields Tax Credit. Read our cover letter and the accompanying spreadsheet which presents our comments in more detail. Many thanks to the LSPA's Regulations Committee for compiling comments and to the many LSPA members who shared their feedback on the Working Draft regulation.
In early February 2020, the LSPA-sponsored Senate Bill 594 received a favorable report from the MA Legislature's Joint Committee on Financial Services. The bill was sent to the Senate Clerk shortly thereafter where it is likely to be referred to the Senate Ways and Means Committee. Many thanks to Committee Chairs Senator James Welch (D-Hampden) and Representative James Murphy (D-Weymouth) for their support.

The bill's progress has been supported by the LSPA's Legislative Committee and the special efforts of LSPA members Attorney Susan Crane and LSP Kevin Beaulieu. They, along with two homeowners and LSPA Executive Director Wendy Rundle, testified at the bill's hearing in September 2019. 

It is the aim of the LSPA in developing S. 594 to correct the significant omission in the current law so that it accomplishes the objectives for which it was designed, which is to mandate that insurance coverage be provided for all Massachusetts households that use fuel oil. Read the LSPA's written testimony here.

Above: S. Crane, K. Beaulieu, W. Rundle after testifying in support of S 594.

 Provided below is more information on three items that may be of interest to LSPA members:

  • Emergency order extending state permit deadlines.
  • State website for PPE donations and health professional volunteer opportunities.
  • Federal government Payroll Protection Program for small businesses, including sole proprietors, independent contractors, and eligible self-employed individuals.

Emergency Order Extending State Permit Deadlines

Governor Baker signed an emergency order on March 26, 2020 which essentially extends state permit deadlines and specifically addresses constructive approvals, hearing deadlines, decision deadlines, appeal rights, and more.
Website for PPE Donations
The Baker-Polito Administration has established a web site to accept sales or donations of PPE for medical personnel.  
Also included in the link is an opportunity for health professionals to sign up to volunteer.
Federal Payroll Protection Program for Small Businesses, including sole proprietors, independent contractors, and eligible self-employed individuals
The Federal government has expanded the Small Business Administration (SBA) 7(a) loan eligibility to include certain small businesses and other organizations. This includes small businesses and also sole proprietors, independent contractors, and eligible self-employed individuals
 
Brian Kindorf, the LSPA's bookkeeping/accounting contractor at Non Profit Capital Management www.npcm.com, reports that:
The loans will be made via SBA approved lenders - which means local banks will be administering this program directly.  The application has not been released yet but you can always pro-actively contact your bank's lending department for details and information.  Expect a few weeks for this program to get fully up-and-running - but maybe the SBA will move faster in this case.
 
More information from NPCM is provided here
Additional information here. 

Take care and be safe.

The LSPA received the following email this morning regarding the MassDEP BWSC New Office Hours.
Hope to see you there - virtually.  

Waste Site Cleanup Advisory Committee members and Other Interested Stakeholders,

During yesterday's BWSC Advisory Committee meeting, it was suggested that the Bureau hold regular meetings over the next few weeks to address issues that may arise while we work through the new COVID-9 paradigm.

We have set aside time on Thursday mornings, 9:00 - 10:00, during which Liz Callahan and I will be available via Zoom.com.

At the very least we will take your questions, issues and concerns and try to find answer... or provide an opportunity to vent. Feel free to check in during that time, and we'll see how this format works for you (and for us).

It may be productive to send questions in to the [email protected] mailbox so that we can get a head start on the response.

Details for the call are below.  You might want to add it to your calendar as a recurring event.
  • Paul Locke
P.S. The handout and link to video from yesterday's meeting is (will be) available through the BWSC Advisory Committee web page.  


Topic: MassDEP Waste Site Cleanup Advisory Office Hours 
Date: Every Thursday, Starting April 2, 2020
Time: 09:00 - 10:00 AM Eastern Time (US and Canada)
 
Join Zoom Meeting 

Meeting ID: 523 450 5769

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Today, Governor Charlie Baker issued an emergency order requiring all businesses and organizations that do not provide "COVID-19 Essential Services" to close their physical workplaces and facilities to workers, customers and the public as of Tuesday, March 24th at noon until Tuesday, April 7th at noon. These businesses are encouraged to continue operations remotely.
 
The Baker-Polito Administration issued a list of designated businesses and other organizations that provide essential services and workforces related to COVID-19 that shall continue to operate brick and mortar facilities during this two-week time period.
 
The seventh bullet under "Public Works" refers to "Licensed site clean-up professionals and other workers addressing hazardous spills, waste sites, and remediation."  
 
The LSPA applauds the Governor for recognizing the role that LSPs and related professionals have in safeguarding health, safety, public welfare, and the environment.  We trust that individual companies will implement this responsibility with the safety and well being of their employees, stakeholders, and the general public in mind.
 
LSPs and others working in the field should be prepared to answer questions about how their work relates to the Governor's COVID-19 Essential Services.
 
Donations of PPE
The LSPA suggests that environmental consulting firms consider reaching out to their local first responders and hospitals to inquire if they are accepting donations of personal protective equipment. All reports indicate that additional supplies are needed to meet the needs for testing and treating patients.
 
We will be in touch.
Be safe,
Michele Paul, LSP
LSPA President
The LSPA received word on Wednesday night directly from MassDEP Commissioner Suuberg noting that Licensed Site Professionals are included in the Governor's Executive Order that addresses extending licenses for certain professions by 90 days. An excerpt is below.

Extending the Licenses of Certain Licensed Professionals: Governor Baker signed a new emergency order to ensure that licensed professionals do not have their licenses or registrations lapse due to unforeseen problems with renewal during the COVID-19 emergency. Specifically, under this order, occupational or professional licenses of individuals that are in good standing and that would otherwise be up for renewal during the COVID-19 emergency shall be extended for 90 days after the end of the public health emergency. This order does not affect license extensions that have already been granted in earlier emergency orders.
 
Read the Emergency Order here: Extension of Professional Licensure Order

Commissioner Suuberg wrote that the LSP Board will address steps moving forward, and that "We hope these actions will provide some relief and flexibility as the important work of the LSP community moves forward in the weeks ahead."

The LSPA very much appreciates the consideration given by the Baker-Polito Administration to the work of LSPs and related practitioners during this challenging time.

Best wishes, 
Michele Paul, LSP
LSPA President
Due to the fast changing COVID-19 situation and Governor Baker's State of Emergency declaration, the LSPA is postponing or holding all events virtually or by conference call until further notice. This includes the March 19 member meeting, committee meetings, and upcoming courses.
 
We appreciate your patience as we take some time to manage the logistics of offering meetings and courses virtually. We will be in communication when we have specifics to share regarding rescheduling. This information will also be posted on the LSPA website blogcourses page, and meetings & events page, as appropriate.
 
As noted in our earlier email, the LSPA will provide refunds to any event for which you have registered in which you do not participate.
 
The LSPA Board and staff are continuing to assess the situation and following these resources:
 
Massachusetts Department of Public Health: 
 
Centers for Disease Control and Prevention:
 
World Health Organization:

We will be in touch.
Be well.
Michele Paul, LSP
LSPA President
Dear Friends:

The LSPA Board and staff are staying abreast of updates from the CDC, MEMA, and the MA Governor's Office regarding COVID-19, the Coronavirus. We realize the situation is quickly changing and will inform our membership as soon as possible should the LSPA decide to postpone or cancel any plans or events.

We encourage every individual to make the best decision for themselves about whether or not to attend an event. Should you decide to not attend an event for which you have already paid and registered, please contact us at [email protected] and we will provide you with a full refund.

See the Situational Awareness Statement #1 here from MEMA, March 7,2020, along with this poster. Read a Press Release here from the Governor's Office, March 4, 2020.

The LSPA received an email from MA Energy and Environment Secretary Theoharides on Friday, March 6th which we have copied below. She wrote that:

Although Massachusetts remains low risk, state officials continue to coordinate with the Centers for Disease Control (CDC) and implement CDC guidance. To provide you with updated information, I wanted to forward a press release issued earlier this week by the Administration. In it, you will find information about ongoing efforts as well as resources for additional information on COVID-19.
  
Additionally, going forward you will be receiving updates directly from the Administration regarding continued efforts and updated information.
 
As a reminder, people are advised to take many of the same steps they do to help prevent colds and the flu, including:
  • Wash hands often with soap and warm water for at least 20 seconds.
  • Avoid touching your eyes and face.
  • Clean things that are frequently touched (like doorknobs and countertops) with household cleaning spray or wipes.
  • Cover coughs and sneezes with a tissue or the inside of your elbow.
  • Stay home when feeling sick.
  • Stay informed.
  • Get a flu shot.
We will be in touch.
Be well.
Michele Paul, LSP
LSPA President
On Friday, February 28, 2020, the LSPA submitted a comment letter to MassDEP's Drinking Water Program on proposed revisions to 310 CMR 22.00, Drinking Water Regulations, pertaining to PFAS.
 
Read our letter here.  Read the proposed PFAS Drinking Water regulations and related MassDEP information here.
Many thanks to the LSPA Regulations Committee who spearheaded this effort.
 
The LSPA will be monitoring the practice in the coming year to see how these and the MCP PFAS regulations are implemented.
 

The LSPA presented the following compliance tip at the February 2020 Membership Meeting at the DoubleTree Hotel in Westborough, MA on February 12, 2020.  

COMPLIANCE TIP OF THE MONTH

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The LSP Association Scholarship Fund is now accepting applications for educational scholarships for the 2020-2021 academic year. The scholarship program supports continued education within environmental fields of study at colleges and universities throughout New England. Deadline for submission is Friday, April 24, 2020.
 
The goal is to provide two scholarships, each up to an amount of $5,000, to qualified individuals. 
 
One of the scholarships, established in 2007, honors the outstanding contributions to the profession of LSPA past president Jeffrey M. Hardin, and is awarded to an individual who is part of the LSP community. The applicant for this scholarship must be an LSPA member or an immediate family member of an LSPA member and enrolled in a degree program at an accredited New England college or university. 
 
The applicant for the other scholarship does not have to be an LSPA member or in the immediate family of an LSPA member but must be a qualified Massachusetts resident who is enrolled in a Massachusetts college or university with a major in environmental studies.
 
Please visit www.lspa.org for application information. Deadline for submission is Friday, April 24, 2020.  

The LSPA received the following email from MassDEP on Thursday, January 23, 2020. 

Massachusetts Department of Environmental Protection has updated its Method for the Determination of Extractable Petroleum Hydrocarbons (EPH) and the corresponding CAM protocol, WSC-CAM-IVB, Quality Control Requirements and Performance Standards for the Analysis of Extractable Petroleum Hydrocarbons (EPH) in Support of Response Actions under the Massachusetts Contingency Plan.  The updates include revised holding times when samples are frozen, clarifications on the peak integration process during calibration, and a series of other minor revisions and clarifications.  A complete list of the updates is provided in the preface of the revised method.  The revised method may be found here

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The LSPA presented the following compliance tip at the January 2020 Membership Meeting at the DoubleTree Hotel in Andover, MA on January 16, 2020.  

COMPLIANCE TIP OF THE MONTH

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Earlier this week, LSPA Executive Director Wendy Rundle, attended the Annual Dinner Meeting of the Massachusetts Rivers Alliance where Representative Robert DeLeo, MA Speaker of the House was presented with a River Hero award.  Also attending from the LSPA were Susan Chapnick, former LSPA Board member and President of New Environmental Horizons; Dot McGlincy, LSP and Executive Director of MA Association of Conservation Commissions (MACC); and Joel Mooney, LSP and Sr. VP Haley & Aldrich, an LSPA Platinum Partner.


Speaker DeLeo, and Wendy Rundle, right after she mentioned the LSPA's S.594 to require insurance for remediation of residential home heating oil releases.


The LSPA presented the following compliance tip at the November 2019 Membership Meeting at the DoubleTree Hotel in Westborough, MA on November 21, 2019.  

COMPLIANCE TIP OF THE MONTH

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