The LSPA sent this letter to the Massachusetts Department of Revenue (DOR) following their request for feedback on the implementation of the Massachusetts Brownfields Tax Credit (BTC) regulations (830 CMR 63.38Q.1) which went into effect just over two years ago.  

The LSPA provided comments to MassDOR in February 2021 in an effort to contribute to the clarification and codification of the BTC program. Unfortunately, most of the LSPA members we heard from are disappointed with the new regulations. The LSPA letter provides more details. 

The Board of Registration of Hazardous Waste Site Cleanup Professionals (aka the LSP Board) has one vacant seat which, according to statute, must be filled by persons who are “. . . 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.”

The appointment is subject to confirmation by the Governor. The term of service is four years. Board meetings occur monthly, except for the months of July and December. Click here for more detailed information about this volunteer position.

Over the past few months a subcommittee of the LSPA leadership has been developing a final draft strategic plan for 2024 through 2026. The purpose of the plan is to guide the association as we identify new initiatives as well as go about our day-to-day tasks. It should reflect the needs and interests of the LSPA’s leadership and members for the next three years, and even further in the future.  

The subcommittee’s work began with a review of the LSPA’s current three-year strategic plan, which expired at the end of June 2023. They reviewed the LSPA’s existing Vision and Mission statement, Goals, Desired Outcomes, and Strategies for achieving the Goals. The final draft plan is attached here. It is intentionally a high level and broad-reaching document.

The LSPA was pleased to have Acting Assistant Bureau of Waste Site Cleanup (BWSC) Commissioner Elizabeth Callahan and Acting Director of BWSC’s Policy and Program Development Division Ken Marra speak at our September 21, 2023 meeting at the Newton Marriott. 

This event, always very popular, was attended by nearly 200 guests this year – we expect because of the highly-anticipated, recent promulgation of the 2024 MCP Amendments.

The following LSPA practice tip was introduced at the September 2023 Membership Meeting, which was held in-person at the Westborough Doubletree hotel on September 21, 2023.  

If you are an LSP, DON’T WAIT – Sign up now for the
LSP Board of Registration’s online portal called ePlace/Accela.
This will allow you to submit your annual fee, renewal application, address information,
and other documents electronically.
First time users need to register before they can log in/begin.
To register, go to Accela Citizen Access (mass.gov) to create an account.

The Massachusetts Department of Revenue (the “Department”) promulgated 830 CMR 63.38Q.1: Massachusetts Brownfields Tax Credit on July 23, 2021. During the comment period, the LSPA provided a letter of comments along with proposed edits to the regulations.  The Department committed to soliciting feedback on the regulation and the process for claiming the credit after the regulation had been in effect for two years. That time has come! 

The LSPA is collecting comments for compiling a response to the Department. Please send any comments you have to Wendy Rundle, LSPA Executive Director, at [email protected] by September 22, 2023. Also, feel free to send any comments, concerns or suggestions directly to [email protected] by September 29, 2023. 

The LSPA has been informed that the next LSP Board of Registration meeting, to be held starting at noon on September 12, 2023, will be HYBRID in nature. For the first time in several years, the meeting will be held in person; it will also be supported by GoTo Webinar virtual meeting capability for those who cannot attend in person.

The meeting location is 100 Cambridge Street, 9^th Floor, Boston, MA. Be aware that there is a required check-in process. The building check-in station is located on the main floor where you will need to register and obtain a pass before accessing the 9^th floor.  

Northeast Sustainable Communities Workshop

Join us at the 2023 Northeast Sustainable Communities Workshop (NSCW) in Worcester, MA, on September 19-20. The theme, “Reimagining Brownfields: Strategies for Successful Redevelopment,” brings together environmental experts, consultants, developers, attorneys, academics, and real estate professionals for impactful sessions.

Discover innovative strategies for successful brownfield redevelopment, connect with industry leaders, and explore commercial real estate incentives throughout the Northeast. NSCW breaks away from traditional PowerPoint-heavy presentations to provide ample opportunities for sharing experiences and success stories and connecting with colleagues.

The LSP Board of Registration has informed the LSPA that the following email was sent out to every active LSP to inform them that they can now sign up for the online portal called ePlace/Accela. This will allow LSPs to start using the online platform to submit renewal applications, pay invoices, change address, and many other actions. 

Please note that the online portal does have a Help Desk option ([email protected]). For any questions about getting set up or following that, the Help Desk is the preferred option to resolve those questions.

For LSPs With July 30, 2023 Renewals

LSPs with July 30, 2023 renewals must renew through the current paper process.

MassDEP leadership has recently shared that they expect the next set of Amendments to the Massachusetts Contingency Plan (MCP), proposed in 2019, to be promulgated soon. In an effort to refresh our collective memories, the LSPA Regulations Committee has prepared this brief, high-level summary of eight key aspects of the proposed MCP regulations. The summary provided below is based on the draft revisions provided in 2019. The LSPA has not seen a more recent draft. The actual contents of the forthcoming MCP revisions are not known.

Hot Spot and MGP Waste Definitions 
The 2019 proposed amendments include the addition of Manufactured Gas Plant (MGP) Waste as a defined term. Additionally, the amendments propose modifying the definition of a hot spot to include areas of waste disposal including MGP waste. These proposed changes effectively create a new class of oil and hazardous material (OHM), with concomitant requirements for sampling and risk assessment.

MassDEP announced that the application for the FY2024-25 Technical Assistance Grant (TAG) is now available. This grant opportunity provides $200,000 in funding, with up to $20,000 per community or municipal applicant-group selected for an award, to enhance public involvement and promote better understanding of the cleanup of contaminated sites in their communities. 

The application deadline is Friday, October 13, 2023.

The following LSPA practice tip was introduced at the June 2023 Membership Meeting, which was held in-person at the Westborough Doubletree hotel on June 20, 2023.  

Per 310 CMR 40.0006, Historic Fill cannot contain contaminants that are present as a result of on-site activities. If contaminants at a disposal site could potentially have originated from known historical operations or activities at the site, an LSP needs to first determine that contaminants are not from on-site activities before the contaminants can be attributed to Historic Fill.

The LSPA Board is pleased to announce that three candidates have been elected to the LSPA Board of Directors for three-year terms from FY '24 through FY '26.

• Lars Andresen, Office Practice Leader, TRC Companies. Mr. Andresen will begin his three-year term on July 1, 2023.

• Katherine E. Kudzma, LSP, Director, Site Investigation & Remediation, VHB. Ms. Kudzma will begin her three-year term on July 1, 2023.

• Amy A. Roth, P.G., LSP, Vice President, Wilcox & Barton, Inc. Ms. Roth will begin her three-year term on July 1, 2023.

Congratulations to the new LSPA Board members and thank you to all LSPA members who voted. 

MassDEP Technical Assistance Grant (TAG) Program 
FY24-25 Opportunity and Application
Anticipated Release Date:  June 29, 2023

The Massachusetts Department of Environmental Protection (MassDEP) Bureau of Waste Site Cleanup announces the upcoming release of the FY24-25 Technical Assistance Grant (TAG) funding opportunity. TAGs are available to community and municipal groups to enhance public participation in assessment and cleanup activities at oil or hazardous material disposal sites. TAGs may be used to obtain expert advice and technical assistance and to promote community education for qualifying projects. 

On Tuesday, June 6, 2023, representatives of the LSPA made their fourth visit in seven years before the Joint Committee on Financial Services in support of the LSPA’s bills that would mandate insurance coverage for the remediation of home heating oil releases. Earlier versions of these two identical bills, H. 1129 and S. 648, have been favorably reported out of this committee in the last three sessions; we’re hoping for the same this session. 

Written and oral testimony was presented in support of these bills by environmental attorney Susan Crane, her client Paul Guerard, LSP and LSPA Past President Kevin Beaulieu, and LSPA Executive Director Wendy Rundle.  

On May 30, 2023, the LSPA submitted comments to USEPA via the Federal eRulemaking Portal regarding the proposed National Primary Drinking Water Regulation (NPDWR) for PFAS, under Docket ID: EPA-HQ-OW-2022-0114. Read the LSPA comment letter here. This was the first time in over a decade that the LSPA has commented on a proposed USEPA rule.

This USEPA webpage provides a summary of the proposed rule, along with links to supporting materials, technical materials, and background information. A small group of LSPA members including toxicologists, public health risk assessors, and LSPs with decades of experience reviewed and provided comments on this rule. The LSPA comments were organized according to the topics outlined in the slides from this USEPA presentation, Proposed PFAS National Primary Drinking Water Regulation (epa.gov).

Please be advised that MassDEP’s online filing system, eDEP, will be intermittently unavailable due to server maintenance on June 6, 2023, from 8 am to 6 pm. 

While parts of the application may be accessible, to avoid potential data loss, MassDEP recommends that users do not create or submit any eDEP transactions during this time period.

The following LSPA compliance tip was introduced at the May 2023 Membership Meeting, which was held virtually via Zoom on May 18, 2023.  

When completing an AUL package, be sure to check Appendix D of the AUL Guidance to confirm that you have the right documentation for signature authority. This varies by the type of legal entity (corporation, trust, LLC, Limited Partnership, condominium or Limited Liability Partnership) submitting the AUL, with additional requirements for registered land. 310 CMR 40.1074(2)(c).