The following LSPA compliance tip was presented at the November 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on November 17, 2021.  

Compliance Tip:
Once a Notice of Activity and Use Limitation (AUL) has been filed, the Disposal Site should be reviewed periodically to confirm that the conditions and obligations contained in the AUL are being complied with and/or maintained (310 CMR 40.1070, et seq.). MassDEP routinely performs field audits of sites with AULs, often several years after filing. LSPs should remind their clients that compliance with AUL conditions and obligations is required, and should document these reminders.

NBC Boston ran this story on September 22, 2021 to again highlight the devastating and costly impacts of residential heating oil spills, especially for those without insurance coverage.  The LSPA continues to work with Senator Anne M. Gobi to pass S. 676, our bill that would require insurance companies to provide coverage for the approximately 700,000 homeowners who do not have it.  For two sessions, this bill has received a favorable report from the legislature's Joint Committee on Financial Services.  

For more information about the LSPA's bill, please read our fact sheet and this additional information which includes TV news coverage.

LSPA's September 2021 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....

• LSPA Blog
• Lessons Learned from MNA-Related NOAF Reviews
• Overview of NOAFs Citing Response Action Performance Standard (RAPS)
• Lessons Learned from Nature and Extent-Related NOAFs
• Findings From Historic Fill NOAFs 
• Review of NOAFs Related to Downgradient Property Status (DPS)

The following LSPA practice tip was presented at the September 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on September 14, 2021.  

Practice Tip - MassDEP’s Private Well PFAS Testing
MassDEP is conducting free PFAS testing for a limited number of private wells, focusing on 84 Massachusetts towns where 60% or more of residents are served by private wells. Practitioners should know about MassDEP’s Story Map which is regularly updated to present the results of this private well sampling to date.

• Regional Personnel Updates  
• MCP Amendments
• Internal MassDEP approvals expected to be completed this summer with final regulations published in the fall
• Training for LSP credit, and Q & As specific to the amendments to follow
• MassDEP also expects to finalize guidance documents related to final amendments including risk characterization
• Subscribe to MassDEP Notifications 
• Compendium of Analytical Methods (CAM) Update
• Revised CAM protocols for 8260 (Volatile Organic Compounds) and 8270 (Semivolatiles)
• Revised protocols posted on July 22, 2021 and take effect November 5, 2021 
• Technical Assistance Grants and MOSPRA Grant Program Premier  
• Assessing Climate Vulnerability at 21E Sites 
• PFAS in Massachusetts
• An excellent comprehensive review of the status of PFAS related efforts over the years and currently underway, including links to databases on MassDEP website
• Office Hours and WSCAC Meetings
• MassDEP plans to continue holding virtual meetings - Thursday morning “office hours” and Thursday morning WSCAC meetings both on the 4^th Thursday of the month.  
• Next Advisory Committee meeting is Thursday, September 23, 2021 at 9:00 am

The LSPA received the following email from Division of Capital Asset Management & Maintenance (DCAMM). Please contact DCAMM directly if you have any questions.

DCAMM is providing the following information that may be of interest to your membership.  Please feel free to forward.

• Scope of Review on Appeal – For partial appeals, DOR will review only the denied portion of an application; the approved portion of an application will only be reviewed if there was a material misrepresentation or omission.
• Denial Explanation – DOR will provide an explanation for each credit denial.
• Asbestos Eligibility – DOR will deem asbestos removal costs to be generally eligible as long as the soil immediately under the building is contaminated and the building’s demolition was required in order to achieve a permanent solution.
• Multiple Releases – For purposes of determining whether an applicant’s costs equal or exceed 15% of the assessed value of the property (as is required to become eligible for the credit), an applicant may aggregate net response and removal costs over a 3-year period when there are multiple contaminated sites on one property.
• Effective Date of Regulation – By its terms, the regulation will go into effect when it is made public on July 9, 2021.

• Intake Timeline – When an application is submitted, DOR will contact the applicant within 30 days to notify them of which examiner has been assigned to the case and to outline the application review process.
• Intake Narrative – To accelerate DOR’s initial review, applicants will be directed to provide a narrative explaining why submitted costs are eligible.
• Review Process Updates – Applicants will receive a status update from the examiner assigned to their case every 60 days.
• Expedited Timeline – An expedited process will be established for lower-dollar, less complex BTC projects¾those worth $250K or less. Such applicants will be contacted within 7 days and will receive updates every 30 days.
• Appeals Timeline – DOR has established a timeframe for the processing of appeals. The stages of the process are as follows:
1. Appeal is initiated. This occurs when the Office of Appeals receives the appeal.
2. Initial Scheduling Letter sent. Within 30 days of Stage 1.
3. Complete Appeal filed by Applicant. Within 60 days of Stage 1.
4. Opening Conference held. Within 90 days of Stage 1.
5. Information and Document Requests (IDRs) issued and answered. These are to be issued by the Appeals Officer within 60 days of the Opening Conference (Stage 4) and are to be answered by the Applicant within 30 days after they were issued.
6. Formal Scheduling Letter sent (if no settlement has been reached). Within 60 days after all IDRs have been answered.
7. Formal Hearing held. No later than 60 days after the Formal Scheduling Letter has been issued.
8. Formal Letter of Determination issued. 60 days after the Formal Hearing. If the appeal is complex, this stage may be extended by an additional 90 days.

• Staffing – DOR will hire a dedicated environmental engineer and is also hiring and training 3 additional audit staff members.

• Revisit Regulation in 2 Years – DOR will solicit stakeholder feedback on the regulation two years from the date of final promulgation.

The following LSPA practice tip was presented at the June 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on June 17, 2021.  

Practice Tip:
MassDEP staff in all regions have asked the LSPA to remind practitioners to include the email addresses for the RP and LSP on all eDEP forms. This is particularly helpful as another avenue for contacting people, especially during times when people may not have access to their office phones.   

• David Leone, LSP, Associate Principal, GZA GeoEnvironmental, Inc. Mr. Leone will begin his second 3-year term on July 1, 2021. He will serve as LSPA President from 2021-2022. 

• Crista Trapp, Human Health Risk Assessor and Senior Scientist, The Vertex Companies, Inc.. Ms. Trapp will begin her first 3-year term on July 1, 2021. 

• Charles Young, LSP, Associate and Senior Environmental Project Manager, Stantec Consulting Services, Inc. Mr. Young will begin his second 3-year term on July 1, 2021. He will serve as LSPA President-Elect from 2021-2022.  

• 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 LSPA Environmental Justice Award is presented to an individual or organization from the public, non-profit, or private sector for recent or continuing outstanding contributions in increasing awareness of Environmental Justice (EJ) issues and/or supporting EJ communities. Learn more about Environmental Justice populations here.
• 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.

• 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 following LSPA practice tip was presented at the May 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on May 18, 2021.  

Practice Tip:
For excavation work at sites with sensitive receptors and with contaminants that could sorb to soils, consider including a real-time dust monitoring program as well as a risk-based evaluation of the impact of dust particulates in the RAM Plan.