- PFAS Background Conditions and MCP Release Exemptions;
- MassDEP Private Well Sampling Program; and
- Waste Management.
Michele Paul, LSP
LSPA President
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The following LSPA compliance tip was presented at the April 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on April 15, 2021.
Compliance Tip of the Month
Members of the LSPA Regulations Committee sat in on this meeting (see the recording here) and present the following takeaways, in no particular order.
MassDEP’s Bureau of Waste Site Cleanup (BWSC) will hold an Advisory Committee meeting this Friday, March 19, from 9 am to 11 am. Zoom sign in protocol will be the same as it is for the weekly BWSC Office Hours. Read more here.
The LSPA very much appreciates the Office Hours that occur weekly (except this week) on Thursdays at 9 am. Click here for more information and here to see the library of meeting video recordings.
Below are a few recent tidbits for your information.
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PFAS Source Signatures in Coastal Watersheds on Cape Cod There has been much discussion in the past weeks regarding a paper titled, “Isolating the AFFF Signature in Coastal Watersheds Using Oxidizable PFAS Precursors and Unexplained Organofluorine,” authored by Harvard and USGS scientists Bridger J. Ruyle, Heidi M. Pickard, Denis R. LeBlanc, et al. in Environmental Science & Technology, published by the American Chemical Society, March 1, 2021. More information is here.
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MassDEP Interactive Story Maps on PFAS in Public Water Systems The third item on this page, titled PFAS detected in drinking water supplies in Massachusetts, shows a story map with seven tabs that present interactive maps, dashboards and photographs describing the efforts by MassDEP and Public Water Suppliers to address PFAS contamination. Tabs 3 and 4 show which municipalities in the Commonwealth have had their PWSs tested and the status of PFAS detections and responses by public water systems.
Check back regularly for updates.
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Technical Assistance Grants At the March 4 BWSC Office Hours meeting, Liz Callahan, BWSC Acting Division Director, Policy & Program Development, announced that the Technical Assistance Grant (TAG) program provided for in the MCP (310 CMR 40.1450 through 40.1499) is being revitalized after having lapsed since 2011. Liz Callahan reported that DEP is hoping the program will begin in early July 2021. To be added to MassDEP’s Pre-Notice mailing list, please email [email protected].
Community groups, municipalities, and others (but not PRPs) are eligible for TAG grants, each of which is expected to be in the ballpark of $15,000. The program is still under development.
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The following LSPA compliance tip was presented at the March 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on March 16, 2021.
The four criteria for a Tier I site are related to IRA conditions, and a Tier I site cannot be initially classified or reclassified as Tier II until the IRA condition has been resolved and an IRA Completion Statement has been filed. If a site meets at least one of these criteria it must be classified as Tier I: evidence of groundwater contamination with OHM at concentrations equal to or exceeding the applicable RCGW-1 Reportable Concentration at a location within an Interim Wellhead Protection Area or Zone II, or within 500 feet of a Private Water Supply Well; 2) an Imminent Hazard is present; 3) one or more remedial actions are required as part of an IRA pursuant to 310 CMR 40.0414(2); or 4) an IRA is necessary to eliminate or mitigate a Critical Exposure Pathway pursuant to 310 CMR 40.0414(3).
The following LSPA compliance tip was presented at the February 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on February 9, 2021.
Not all LSP Board-approved “Regulatory” continuing education credits are also “DEP Course” credits. To qualify as a “DEP Course,” an otherwise qualifying course must also be “taught in whole or in substantial part by Department of Environmental Protection personnel.” Only those credits specifically listed as “DEP Regulatory” can be applied toward both the 12-credit DEP Course requirement and the eight-credit Regulatory requirement.
The following LSPA resource tip was presented at the January 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on January 13, 2021.
ResilientMA.org is the MA Climate Change Clearinghouse, which provides resources and tools for evaluating climate change and community resiliency. The site also includes multi-model climate forecasts and maps developed by the Northeast Climate Adaptation Science Center at UMass Amherst (NECASC); these forecasts are one focus of the LSPA’s Climate Change Subcommittee’s on-going work. A video tutorial for using these forecasts is here: Tutorial
The following LSPA compliance tip was presented at the December 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on December 15, 2020.
Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.
At MassDEP's Bureau of Waste Site Cleanup (BWSC) December 3, 2020 Office Hours meeting, Paul Locke, Assistant Commissioner, announced that MassDEP's Drinking Water Program is kicking off its private well sampling program for PFAS compounds. Linked here are pertinent materials with more details:
Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan (October 2020)
Check here to see recordings of Office Hours meetings.
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Now that the Legislature has completed work on the state's FY '21 budget, it will make one last push on passing legislation before the session ends on January 5, 2021.
The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is still under consideration in the Massachusetts Senate Committee on Ways and Means. We only have four weeks to get this bill a favorable report out of committee and approved by the full Senate before this session ends.
We are asking for one last push by our members who are Massachusetts residents. Please consider writing to your state senator to urge their support of the bill. The more requests from constituents, the more likely our bill will be a priority of the Senate. Check here to find your state senator.
If your state senator is a member the Senate Ways & Means Committee and/or a co-sponsor of the bill,
NOW is the time to get their attention. Attached here is a sample email you can send. All senators' email addresses are on their home page.
If your senator is not a committee member or a co-sponsor, you should still write to urge her/him to encourage the Senate Ways & Means Committee to issue a favorable report on the bill. Here is a sample email you can send. All senators' email addresses are on their home page.
If you have experience with a home heating oil release, especially one in which the homeowner did not have insurance or had a difficult time obtaining coverage, please consider sharing this experience in your letter. Real life examples are most compelling, especially if your client's property is in the district of one of these senators.
For more information about the bill, please read the LSPA's letter and fact sheet, as well as a supporting letter from five state environmental organizations.
Thank you for your support; we will keep LSPA members apprised.
LSPA Legislative Committee Co-Chairs
Spence Smith, LSP, Jacobs
Tim Clinton, LSP, Fuss & O'Neill
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