MassDEP Finalizes Vapor Intrusion Guidance

As of Monday, October 17, 2016, MassDEP's Vapor Intrusion guidance document is final.  

For a Limited Time…
Complimentary Viewing of ASTM’s Standard Guide for Greener Cleanups

The LSPA received the following information from MassDEP regarding eDEP Updates. Please read carefully!

July 28, 2016 New, revised BWSC104 Permanent and Temporary Solution Statement Form

LSPA Requests Your Comments on Draft Technical Update 

MassDEP has recently released the Historic Fill / Anthropogenic Background Public Comment DRAFT Technical Update. A copy is available here on the MassDEP website. The LSPA Regulations Committee is assembling comments on this 12-page draft guidance document and would like your input. Please send your comments, suggestions, and revisions to the LSPA Regulations Committee Co-Chairs by Wednesday, June 29, 2016. Click here for more information about how to do this.

Court Decides Peterborough Oil vs. MassDEP 

On June 6, 2016, the Massachusetts Supreme Judicial Court issued its opinion in Peterborough Oil Co. v. MassDEP upholding MassDEP’s interpretation that the word “oil” in the Zone II exemption does not include leaded gasoline.   Read on for a brief summary of the decision.  The LSPA submitted an amicus brief in this case.  

LSPA Comments on MassDEP's Second Public Review Draft LNAPL Guidance 

The LSPA submitted comments on December 18, 2015 to MassDEP on its Second Public Review Draft of Light Nonaqueous Phase Liquids (LNAPL) and the MCP: Guidance for Site Assessment and Closure, Policy #WSC‐14‐450. Read our cover letter and comments. 

MassDEP Bureau of Waste Site Cleanup Updates 

The second public review draft of the Light Nonaqueous Phase Liquid (LNAPL) Guidance is posted under “Draft Policies & Guidance” here.  This document has been updated to reflect public comments received on the first (July 2014) draft.  BWSC will be holding a meeting on the revised draft on Thursday November 12, 2015 at 10:00 am at MassDEP’s Boston Office, One Winter Street 2nd floor conference rooms A & B.  Please submit any written comments on the second public hearing draft by Friday December 18, 2015 to [email protected]

LSPA Files Amicus Brief with MA Supreme Judicial Court  

On September 30, 2015, the LSPA filed an Amicus Curiae (“Friend of the Court”) brief with the Commonwealth of Massachusetts Supreme Judicial Court in the case of Peterborough Oil Company, LLC v. Department of Environmental Protection.  The case is on appeal from Worcester County Superior Court.   

LSPA Comments on MassDEP's Draft Interim Policy on Reclamation Soils 

The LSPA submitted comments to MassDEP on its Draft Interim Policy on Reclamation Soil. Read our letter.  

MassDEP Publishes Draft Interim Policy on Reclamation Soils

MassDEP has prepared a DRAFT Interim Policy on the Re-Use of Soil for Large Reclamation Projects; the draft policy is now available on MassDEP’s Reclamation Soil blog (https://reclamationsoil.wordpress.com/).  Comments are due to MassDEP by June 17, 2015.  
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LSPA Seeks Comments from Members on MassDEP's Draft Vapor Intrusion Guidance

MassDEP's draft guidance document on vapor intrusion has been published here. 

LSPA Submits Comments to MassDEP on Public Review Draft, Vapor Intrusion Guidance 

The LSPA sent a cover letter and matrix of comments to MassDEP on its October 2014 Public Review Draft of Vapor Intrusion Guidance, Policy #WSC-14-435.

LSPA Submits Comments to MassDEP on Public Review Draft, Vapor Intrusion Guidance 

The LSPA sent a cover letter and matrix of comments to MassDEP on its October 2014 Public Review Draft of Vapor Intrusion Guidance, Policy #WSC-14-435.

Overview of 2014 MCP 2014 Regulatory Changes: Characterizing and Closing Out NAPL Sites 

The LSPA has prepared an overview as part of a series of topic discussions and resourc  MCP 2014 Regulatory Changes es pertaining to the 2014 MCP changes; this first in the series provides a discussion of key aspects of  the investigation and closure of NAPL sites. Read more.

MassDEP Publishes Guidance on Best Management Practices ("BMPs") for Non-Commercial Gardening at Disposal Sites, WSC # 14-910.

December 2014

MassDEP's Vapor Intrusion Draft Guidance

The public review draft of the Vapor Intrusion Guidance is now posted here.  MassDEP will be holding a pre-comment stakeholder discussion of this draft on December 11, 2014, MassDEP, One Winter Street, Boston, 2nd floor, from 9:30 am to noon.  Written comments on this public review draft should be submitted to [email protected] by February 2, 2015.

LSPA Submits Comments on MassDEP's Draft Activity and Use Limitations (AUL) Guidance

On September 22, 2014, the LSPA sent a letter and submitted comments to MassDEP on its June 2014 Public Review Draft, "Guidance on Implementing Activity and Use Limitations – Policy #WSC14-300". MassDEP is revising its guidance on AULs to accompany the newly amended MCP.

Updated TCE Documents

MassDEP has recently made minor revisions to two TCE-related documents (last updated in March, 2014):

1. TCE Toxicity Information:  Implications for Chronic and Shorter-Term Exposure – Fact Sheet (August 15, 2014)

• tcestat.doc (360 KB, MS Word)
• tcestat.pdf (764 KB, PDF)

1. EPA Trichloroethylene Toxicity Values and ORS Recommendations Regarding Remediation Targets & Timeframes to Address Potential Developmental Risks (August 15, 2014)

• tcevalsm.doc (245 KB, MS Word)
• tcevalsm.pdf (186 KB, PDF)

Provisions of the Amended MCP are Fully in Effect

The 2014 MCP is fully in effect.  While most provisions took effect on June 20, 2014, there were certain regulations that became effective on April 25, 2014.  The "unofficial" version of the MCP is available on the DEP website, along with new MCP Questions and Answers.

By:  Denise Kmetzo, DABT, Collaborative Risk Solutions, and Technical Practices Committee

Tetrachloroethylene, or PCE, is recognized as a toxic chemical and is considered likely to be carcinogenic in humans by all routes of exposure. The degree of its toxicity has been debated for years, especially for the inhalation route of exposure. Two years ago, the EPA finalized PCE toxicity factors, including an inhalation Unit Risk (UR) factor, which is used to assess carcinogenic risk via inhalation. The LSPA encouraged MassDEP to adopt the EPA toxicity values, including the UR. Instead, during its recent reevaluation of PCE toxicity, MassDEP’s Office of Research and Standards (ORS) relied upon a UR for PCE that it had previously derived.  In January 2014, MassDEP released an updated PCE UR which is lower (i.e., less conservative) than MassDEP’s previously derived value, but remains greater than ten times higher (i.e., more conservative) than the EPA value.