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LSPA Unveils June's Compliance Tip of the Month

June 12, 2017
The LSPA unveiled the following monthly compliance tip on June 8, 2017 at the LSPA Membership Meeting in Westborough, Massachusetts.

Every three years following issuance of her/his license, an LSP must demonstrate that s/he has earned a minimum of 48 continuing education credits.  Of these, at least 12 of the 48 credits must be earned at LSP Board-approved “DEP Course(s)”.  
 
No fewer than 8 credits must be from LSP Board-approved courses classified as “Regulatory.” The balance of the 48 required credits may be earned by attending any LSP Board-approved course, conference, or conference workshop. 
 309 CMR 3.09(3)(a) and (b)
 
 Three things to remember:
  1. Some “DEP Courses” are also “Regulatory.” 
  2. But not all “Regulatory” courses are also “DEP Course(s).”
  3. If a course is classified as a “DEP Course” and a “Regulatory” course (listed as “DEP Course” Regulatory or DEP/Regulatory), it can be applied toward both the 12-credit “DEP Course” requirement and the 8-credit “Regulatory” requirement.

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

New Soil Disposal Guidance for 21J Fund

In the past few months, the 21J Board has issued two new policies that provide clarification and guidance on collecting and submitting documentation for the reimbursement of soil excavation and disposal as part of an MCP Response Action.   

This action is taken as a result of the fact that, over the past year, the majority of claims involving soil disposal are likely to be initially denied, and then being heard in "conference" i.e. before a panel of 21J Board members for further consideration of the validity of the claims and charges.
 
These two newest 21J Fund policies can be found here.
The specific documents are:
  • Policy For Reimbursement Of Petroleum Product "Impacted" Soil On April 26, 2017, the 21J Board revised its policy on the reimbursement of the disposal of "contaminated" soil to include a portion of the related "impacted" soil of up to 25% of the eligible "contaminated" soil tonnage disposed offsite.   
When you are contemplating soil excavation at a 21J reimbursable Site, please refer to this guidance in order to maximize cost recovery.
 
Thank you,
 
Michael A. Penzo, PG, CPG, LSP
LSP Association President

LSPA Requests Nominations for the 2017 Contribution to the Practice Awards

The LSP Association requests your nominations for our 2017 "Contribution to the Practice" Awards, to be presented at our Annual Dinner Meeting on Thursday, October 26, 2017.

If you know of a deserving candidate and wish to nominate the person and/or organization, please email Kristi Lefebvre, LSPA Communications Manager, at [email protected] with the nominee's name, award category and supporting materials. The deadline for nominations is Tuesday, August 1, 2017.    
 
Nominations are solicited in the following categories:
  • The LSPA Member Award is presented to an LSPA Member in recognition of leadership, commitment, and contributions to the LSPA organization and membership over the previous year.
  • The LSPA Service Award is presented to an individual or organization in recognition of service to/support of the LSP Association and its mission; service may be in the form of in-kind services, financial or other support. This award is for service over the previous year.
  • The Contribution to the Practice Award is presented 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. Attributes may include creativity in balancing economic development with environmental values, practical approaches to regulatory compliance, and innovative initiatives in technology and sustainability.
  • The Lifetime Achievement Award is presented to an individual in recognition of distinguished and continued contributions over 25 years or more to the advancement of science, standards, or professionalism in the field of site assessment and remediation under MGL c. 21E. The awardee must:
    • Be an LSP or someone in the supporting professions, and
    • Demonstrate commitment to the LSPA. This might include participation in the LSPA at a leadership level, e.g. founding member, committee chair, Board member or officer; or partnership with the LSPA through leadership level participation in a related organization.
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 person 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 contributions. The nominator will be contacted if the LSPA Board requires additional information.  
  • For the Contribution to the Practice Award, please include the names, affiliations, and contact information for at least three individuals who can attest to the contributions. 
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.
 
Over the years, these awards have been highly regarded by the recipients as well as LSPA members and colleaguesThe goodwill created by this program helps promote a positive image of LSPs and the Massachusetts privatized program.
 
To view the list of prior award recipients, please click here.
 
Thank you for your participation.
 
Michael Penzo, CPG, PG, LSP, LSPA President

 

Drilling 101 at Technical Drilling Services

Here are some photographs from last night’s event, Drilling 101which was held at Technical Drilling Services (TDS) in Sterling, MA. TDS demonstrated various drilling and monitoring well installation methods used commonly throughout the industry. TDS also provided equipment and technique demonstrations. We had a great turn-out and would like to thank the LSPA Young Professionals Committee for organizing this fabulous event! 

Please click here to view the photo album.

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May Compliance Tip of the Month

May 11, 2017
The LSPA presented the following monthly compliance tip at the May Membership Meeting at Doubletree Hotel in Westborough, MA on May 11, 2017. 

Remediation waste contaminated with waste oil that isn’t otherwise a hazardous waste, including remedial wastewatersoil, debris, and sediment that contains used or unused waste oil, does not need to be managed as MA-01 hazardous waste if managed under the MCP’s remediation waste requirements at 310 CMR 40.0030, and shipped to a facility permitted to receive these materials. (See 310 CMR 30.252)


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LSPA Testifies at State House

Legislative committee leaders are getting to know the LSPA on Beacon Hill.

This week, the LSPA was pleased to be invited by the Joint Committee on Environment, Natural Resources, and Agriculture to testify at an oversight hearing on landfills and solid waste.  The LSPA was well represented by Dot McGlincy, Co-Chair of our Legislative Committee, who offered the LSPA's observations and fielded questions from committee co-chairs.  We also submitted written testimony.
  
Earlier in the day, Mike Penzo, LSPA President, testified in favor of an extension of the Brownfields Tax Credit.  And, last week, Dot McGlincy also testified in opposition to a bill on the reuse of soil for reclamation projects. (It's not that the LSPA doesn't support the use of soil for reclamation projects, it's that this bill was highly problematic).

   
 

We expect to return to "the Hill" next week for meetings with key legislative leaders. Stay tuned for more updates.

LSPA 2017 Board of Directors Election

Voting will open on Wednesday, May 10, 2017 for the 2017-2018 LSP Association (LSPA) Board of Directors election. Board positions will take effect July 1, 2017. 
 
Ballots will be sent by email to all LSPA members, both Full and Associate. We encourage all members to vote.
 
The LSPA's 9-member Board of Directors is composed of LSPA members who combine experience in environmental work with a passion for supporting and promoting the LSP practice. Current LSPA Board members are shown here.
 
Provided below are the candidates on this year's ballot. There were no members who petitioned to be on the election ballot. 
 
Three 3-year positions, from 2017 - 2020:
  • Jeanine Grachuk, Environmental Attorney and Principal, Beveridge & Diamond, Wellesley, MA.  Ms. Grachuk, who currently serves as the LSPA's Clerk, is completing her first 3-year term on the LSPA Board.   
  • Lauren Konetzny, LSP, Project Manager, CDW Consultants, Inc., Framingham, MA. Lauren is currently Co-Chair of the LSPA's Legislative Committee, is a past Chair of the LSPA's Young Professionals Committee, and is a member of the LSPA's Technical Practices Committee.   
  • Michele Paul, LSP, Director of Environmental Stewardship, City of New Bedford, MA. Ms. Paul is a longtime member of the LSPA Education Committee, including having served as the Chair and currently as Co-Chair. She is also a member of the LSPA's Legislative Committee.
The Board of Directors believes that these three candidates have demonstrated their commitment to the Association and are well-positioned to ensure its continuing success.
 
To view the candidates' statements of interest and photos, click here.
  
New Board members will be announced at the LSPA monthly membership meeting on Thursday, June 8, 2017 at the Doubletree Hotel in Westborough, MA, from 6:00 - 8:00 PM.
 
If you have questions or comments, please contact Wendy Rundle, LSPA Executive Director at [email protected] or 617-484-4027.
 
Thank you for your participation,
 
Michael A. Penzo, LSP
LSP Association President

March for Science - Boston

The LSPA was pleased to sponsor the March for Science Boston this past weekend. Several thousand people attended the rally that took place on the Boston Common on Saturday, April 22nd, 2017. According to Boston.com, here are some of the best signs from the event!

The LSPA had many members on hand to represent the association - including our Bridgewater State University Student Chapter! We had a booth at the event and distributed information and materials. 

         
Above image: Faculty Advisor, Michael A. Penzo, with LSPA's Bridgewater State University Student Chapter. Below image: Mike Penzo, Anne MacMillan, Dot McGlincy, and Lars Andresen.representing LSPA at the March for Science.

The March for Science Boston is a non-partisan rally for science that celebrates discovery, understanding, and sharing of scientific knowledge as crucial to the success, health, and safety of our species and planet. There was an excellent line up of speakers, click here to see the full list.

For more information on the event, please visit: https://www.marchforscienceboston.com/

April Membership Meeting at Bridgewater State University

Thank you to all who attended the LSPA's April Membership Meeting at Bridgewater State University -home of the LSPA’s first student chapter! We were excited to see so many LSPA members interacting with BSU students, faculty and staff. We also had a great turnout of BSU alum who are LSPA members - way to represent!  

Representatives of BSU's LSPA Student Chapter, along with faculty advisor Michael Penzo. 

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Action Needed By Friday on 21J Fund Budget Amendment

The LSPA is requesting that you outreach to your state representative to urge his/her support of House Amendment #603 to the proposed FY 2018 state budget (H. 3600). House Amendment #603 would increase the state appropriation to the 21J Fund from $6 million to $10 million. The LSPA supports this amendment and we are told to expect a vote on it as early as this coming Monday, April 24th.
 
The amendment was sponsored jointly by Rep. Kafka (D-Sharon) and Rep. Brad Jones (R-North Reading), and they are currently the only sponsors. More bill sponsors may provide the support needed to get this passed by the House Ways and Means Committee. 
 
The 21J Fund is seriously underfunded annually; an approximately $6 million deficit in unpaid claims (claims processed and approved but unable to be paid) is projected for the end of FY 2017. For more background information, read this article from the most recent LSPA newsletter.   
 
The time is now! The more voices the better. Please email or call your state representative to urge him/her to support this amendment. Four simple points will do: 
  • Please sign on as a co-sponsor to House Amendment 603 and please speak to House leadership in support of the amendment.
  • The Fund's primary purpose is to ensure the cleanup of drinking water, groundwater, and soils following a spill or leak of petroleum.
  • Without sufficient funding, the 21J Fund cannot pay its stakeholder group of claimants for their cleanup actions. Contractors, equipment suppliers and other vendors maintain an employment and sales workforce in the Commonwealth. This results in income, employment and sales tax for the Commonwealth.   
  • The majority of petroleum dispensing facilities are owned by home grown, family-owned petroleum marketing companies that have operated and evolved in their home state of Massachusetts for several decades - not by big oil companies.   
Feel free to contact Wendy Rundle, LSPA Executive Director at [email protected] with any questions or comments.

Thank you,
 
Michael A. Penzo, CPG, PG, LSP
LSPA President
 
Dot McGlincy, LSP, and Lauren Konetzny, LSP
Co-Chairs, LSPA Legislative Committee

Join the LSPA at the March for Science Boston, April 22, 2017

The LSPA is pleased to be a sponsor of the March for Science Boston on Earth Day, April 22, 2017. The rally will take place on the Boston Common on Saturday, April 22nd, 2017, from 1 pm to 4 pm.  We hope you are able to join us.  

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April Compliance Tip of the Month

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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Three Vacancies on LSP Board of Registration: LSPA Seeks Interested Candidates

There are currently three vacant seats on the 11 member Board of Registration of Hazardous Waste Site Cleanup Professionals (aka The LSP Board). The LSPA is soliciting interest from qualified professionals to serve on the LSP Board. 
 
Why is the LSPA involved with helping to identify possible Board candidates?
LSPs are the key constituents of the LSP Board, and the LSPA is the professional association for LSPs, so it is only logical that the LSPA would have an interest in identifying qualified candidates for the LSP Board. The LSPA has been involved in the past in assisting and supporting persons interested and qualified to serve on the LSP Board. 
 
The LSPA is very invested in maintaining the LSP Board as a credible, responsive, and fully functioning entity in this privatized program, with all 11 seats filled. The success of the program depends on it.  
 
What seats are vacant?
  1. Three Board members must be members of "statewide organizations that promote the protection of the environment at the time of appointments and who are knowledgeable with respect to issues involving responding to releases of oil and hazardous materials." One of these environmental seats is vacant and has been for over three years.
  2. An "at large" LSP seat has recently become vacant; this is one of five seats for currently-licensed LSPs.
  3. A seat for an LSP who is a "full-time employee of a manufacturing firm engaged in the utilization of hazardous materials" has recently become vacant; this is another one of the five seats for currently-licensed LSPs. 
What are the expectations for a Board member?
At present, LSP Board meetings are held nearly every month, usually at one of the MassDEP regional offices, including Boston. At meetings, Board members review and vote on applications for course credits and license applications, and oversee investigations of complaints lodged against LSPs who may have violated the LSP Rules of Professional Conduct set forth in 309 CMR 4.00.
 
The term of service is four years. Besides attending meetings of the full Board, Board members are expected to participate on Application Review Panels (reviewing applications for licensure) and Complaint Review Teams (investigating complaints against LSPs).  Service on the Board is without compensation.
 
Click here for more information about the current Board. 
 
Where can I get more information?
If you or someone you know may be interested, please contact Wendy Rundle, LSPA Executive Director at [email protected] or 617-484-4027 to discuss. 
 
What is the application review process?
Applicants are required to submit a resume and cover letter to:
 
Beverly Coles-Roby, Esq.
Executive Director
Board of Registration of Hazardous Waste Site Cleanup Professionals
Executive Office of Energy and Environmental Affairs
One Winter Street 3rd Floor
Boston, MA 02108
617-292-5985

March for Science on Earth Day, April 22, 2017

In case you haven’t heard, a March for Science is being organized on Earth Day this year. Actually, many marches have been organized across the country and across the Commonwealth.

The March for Science describes its mission this way: 

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Scholarships Available

There are excellent opportunities available for the 2017-2018 academic year! These scholarship programs support continued education in environmental fields in the New England region.

The LSP Association Scholarship Fund provides a minimum of two $5,000 scholarships each year to qualified individuals interested in pursuing a major that is consistent with becoming an LSP or Environmental Professional. These scholarships are available to LSP Association members and members of their immediate families enrolled in a degree program at an accredited New England college or university, and/or to qualified Massachusetts residents who are enrolled in a public or private Massachusetts college or university. The application deadline for 2017-2018 academic year scholarships is April 14, 2017. If you are interested in applying for a scholarship, please download the detailed information and application forms.

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LSPA March 2017 Newsletter

LSPA's March 2017 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....

Greener Cleanup Leadership Recognition Program 2017

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

LSPA Presents March Compliance Tip

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.

National Pollutant Discharge Elimination System (NPDES) Remediation General Permit

National Pollutant Discharge Elimination System (NPDES) Remediation General Permit
Signed by EPA and MassDEP

By: Isaac Anderson, Project Manager, Cooperstown Environmental and LSPA Technical Practices Committee Member

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21J Fund: A Funding Crisis and How You Can Help

 
An important funding mechanism for underground storage tank clean-ups in Massachusetts is in jeopardy and your assistance is needed.
 
The Massachusetts Underground Storage Tank (UST) Petroleum Product Cleanup Fund (commonly referred to as the 21J Fund) was created in 1991 to prevent the need for environmental cleanup actions through encouraging UST maintenance and compliance, and to expedite environmental cleanup actions by providing partial reimbursement to owners or operators of UST systems for costs, expenses and other obligations incurred as a result of releases of petroleum products from UST systems. 
 
Due to a current state budget deficit, the fund was reduced in 2017 and now, an approximate $6 million deficit in unpaid claims (claims processed and approved but unable to be paid) is projected for the end of FY 2017. To further compound this problem, the Governor's FY 2018 budget recommendation only includes $6 million for the 21J Fund. This would only be enough to fund the projected FY 2017 deficit.  
 
How You Can Help:  Please, reach out to your state senator and state representative to let them know the importance of providing adequate and predictable funding for the UST Cleanup Fund. You can identify your legislator using this link.
 
Click here to learn more.