The MCP-mandated March 1, 2025 deadline is fast approaching.

Pursuant to 310 CMR 40.0560(7)(i)(4.)(b), a Periodic Review of the Temporary Solution and Tier Classification Extension shall be submitted within one year of March 1, 2024 for disposal sites where Active O&M is not occurring and the following apply: (i) a Temporary Solution Statement for a disposal site was submitted to the Department prior to March 1, 2024; (ii) the Tier Classification had expired prior to March 1, 2024, and (iii) Status Reports and, as applicable, the Periodic Review of the Temporary Solution had not been submitted at the frequency specified pursuant to 310 CMR 40.0898 and 310 CMR 40.1050(4) prior to March 1, 2024.

The Board of Registration of Hazardous Waste Site Cleanup Professionals (the LSP Board) oversees hazardous waste site cleanup professionals, also known as LSPs. The LSP Board is comprised of eleven members as set forth in M.G.L. c.21A, Section 19A.

Currently, 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 appointee must have waste site cleanup experience i.e., assessment, containment, and removal as well knowledge of M.G.L. c. 21E. The appointment is subject to confirmation by the Governor.

The following LSPA practice tip was introduced at the February 2025 Membership Meeting, which was held via Zoom on February 12, 2025.

Practice Tip of the Month
When an MCP submittal form is required, you should download the form directly from the MassDEP website. That way you will have the most current version of the form rather than a possibly outdated version saved to your desktop or laptop.

The LSPA recently received the below request for volunteers to sit on an advisory committee convened by the Massachusetts State Geologist. If you are interested in being considered for this committee, please respond to [email protected] by no later than January 29, 2025.  

Massachusetts recently appointed Brian Yellen as the State Geologist and director of the State Geological Survey, taking over from Steve Mabee who served the state for 22 years. In order to best serve various stakeholder communities around the state, Brian is setting up an advisory committee made up of state government officials, academics, and engineering practitioners. 

2024 flew by while the LSPA advocated for the waste site cleanup practice and supported practitioners throughout the Commonwealth. We are always eager to review and assess our annual accomplishments and this year is no different. We can’t say “thank you” enough to LSPA members, committees, workgroup leaders, and committee chairs who make this association successful. We also applaud our annual and event sponsors who underwrite our work; we appreciate your confidence in our ability to carry out our mission. Below are some 2024 highlights.  

The following LSPA compliance tip was introduced at the December 2024 Membership Meeting, which was held via Zoom on December 18, 2024.

Compliance Tip of the Month
While the MCP requires an assessment of “reasonably foreseeable future changes in site conditions” related to climate change, it does not indicate a specific assessment timeframe. 

BWSC Advisory Committee Meeting Highlights

MassDEP’s Bureau of Waste Site Cleanup (BWSC) Advisory Committee meeting was held on November 21, 2024. The meeting agenda, meeting slides, and a YouTube meeting video are all available here. The LSPA’s key takeaways are below.

• AUL Guidance is “nearing the finish line” and expected to be final by early 2025. MassDEP is continuing to review and incorporate comments received, and ensuring consistency with other documents – e.g., Risk Characterization guidance. Contact Margaret Shaw at [email protected] with questions.
• Soils Reuse Update: The COMM-24 Soils Policy is currently under review by MassDEP senior staff. This policy would allow reuse of contaminated soils at other 21E sites at levels greater than currently allowed by COMM-15. There will be a public review of the draft policy before it is finalized. At this time, major acceptance requirements include but are not limited to: must result in achievement of a Permanent Solution, must include a public involvement process, and at least 250,000 cubic yards of soil must be moved.  
• The PFAS Q&A is under review by senior staff and expected to be released in early 2025.  For PFAS questions, contact John Ziegler, LSP, at [email protected].
• The Western Regional Office has a new Deputy Regional Director (DRD): Tamara Cardona-Marek, Ph.D. She replaces Catherine Skiba who was the most recent Acting DRD.

The 2024 MCP Amendments Q&A document has been updated as of November 1, 2024 to include questions and answers related to the 2024 MCP Subpart I (310 CMR 40.0900) provisions. Topics include: 

• Coal Tar Waste Deposits
• Exposure Point Concentrations
• Systematic Sampling
• Incremental Sampling
• Judgmental Sampling
• Caps and Engineered Barriers

This, and other documents related to the 2024 MCP Amendments, can be accessed at the MCP Amendments web page under Related Information at www.mass.gov/lists/mcp-amendments#related-information- 

The following LSPA compliance tip was introduced at the November 2024 Membership Meeting, which was held via Zoom on November 19, 2024.

Compliance Tip of the Month

At their October 8, 2024, meeting, the LSP Board discussed the steps they are taking to prepare for administrative approval to release their proposed 309 CMR 1.00 -9.00, Regulations of the Board of Registration of Hazardous Waste Site Cleanup Professionals. There is not currently a specific timeframe for public review and comment on the proposed regulations, but the LSP Board shared preliminary documents including:

• Background and Technical Support Document, Draft Amendments, 309 CMR 1.00-9.00
• Regulatory Impact Assessment
• Outreach Plan

Provided below is a brief summary of proposed changes most pertinent to LSPs.

On September 10, 2024, the LSPA sent our comments to MassDEP’s Bureau of Waste Site Cleanup (BWSC) as part of its public comment period on Risk Characterization Guidance, Chapters 6-10, Public Review Draft.

The LSPA adhered to our typical process for collecting and submitting comments on draft documents:

After nearly 15 years as the LSPA’s Executive Director, Wendy Rundle will be retiring from the position in Spring 2025. Starting this month, the LSPA will begin a formal search for a new Executive Director.

A search committee has been formed and is comprised of:

The LSPA’s Contribution to the LSP Practice Awards recognize outstanding individuals and organizations, and their contributions in the field of hazardous waste site cleanup in Massachusetts. Award recipients are nominated each year by their peers and recipients are selected by the LSPA Board from a variety of categories. Congratulations to this year’s award recipients, who were recognized last night at the September 2024 Membership Meeting:

• Marie Rudiman, EnviroRisk Solutions, was presented with the LSPA Member Award in recognition of her leadership, commitment, and contributions to the LSPA organization and membership over the previous year.

• Elizabeth Callahan, recently retired from MassDEP, received the Lifetime Achievement Award. This 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 following LSPA practice tip was introduced at the September 2024 Membership Meeting, which was held in-person on September 12, 2024 at the Doubletree Hotel in Westborough, MA.  

Practice Tip of the Month

MassDEP’s Bureau of Waste Site Cleanup (BWSC) held an Advisory Committee meeting on August 15, 2024. Click here for the meeting agenda and click here for slides from that meeting.

Representatives of LSPA’s Regulations Committee attended the meeting and provided the following top takeaways (in no particular order):

• MassDEP continues to work on a draft policy (the so-called “Comm-24” policy) which would specify the parameters which must be met to allow contaminated soil from one MCP site to be reused at another MCP site. This draft policy is expected to be available for public review and stakeholder engagement before the end of 2024.
• MassDEP is drafting a PFAS Q&A document using questions posed by external stakeholders and internal MassDEP staff. Topics include: Standards; MCP Notification; Site Assessment; Risk Assessment; Treatment; Analysis; and Downgradient Property Status.
• MassDEP met separately with the LSPA and National Grid in July to discuss some areas of the revised MCP Q&A. As a result, MassDEP will be clarifying Coal Tar Waste Deposit definitions and requirements. EPC determinations are being revised as well. 
• The Commonwealth has two years to comply with EPA’s new PFAS MCL. BWSC is coordinating its efforts to promulgate MCP cleanup standards with the standards being developed by the Drinking Water Program. 
• MassDEP is considering changes to the current Imminent Hazard concentration of greater than or equal to 90 ng/L for PFAS 6. 
• MCP soil standards are not expected to change significantly. 
• MCP standards for reportable concentrations (i.e., RCGW-1) and Method 1 risk standards (i.e., GW-1) will reflect changes to the MassDEP Drinking Water Program’s drinking water standards.
• Because EPA drinking water standards include PFAS compounds not currently covered by MassDEP PFAS6 drinking water standards and MCP cleanup standards, MassDEP will include these additional PFAS compounds in its standards.
• Until new Massachusetts PFAS standards are finalized, the current PFAS standards remain in effect.
• If you have PFAS Program questions or comments, please contact: John Ziegler, PFAS Coordinator, MassDEP-BWSC, (617) 874-6733; [email protected].
• A Western MA Brownfields Roundtable will take place on Sept. 17, 2024, from 9:00 am to12:30 pm at the offices of the Pioneer Valley Planning Commission in Springfield, MA. For more information, contact David Foss, MassDEP’s Statewide Brownfields Coordinator, at [email protected].
• Data Management Update: eDEP forms have been updated based on the 2024 MCP Revisions. A new version of the Site File Viewer was released in July 2024. If you have questions about Searchable Sites, eDEP, or the File Viewer, contact [email protected].
• The next MassDEP BWSC Office Hours Meeting will be Thursday, Sept. 19 at 9:00 am. The next BWSC Advisory Committee Meeting will be Thursday, November 21 at 9:00 am. More details here.

The MassDEP, Bureau of Waste Site Cleanup is currently accepting applications for its FY25-26 Technical Assistance Grants (TAGs) funding opportunity. This grant opportunity provides $200,000 in funding, with up to $20,000 per award to support community and municipal groups in fostering public participation in decisions related to assessment and cleanup activities at oil or hazardous material disposal sites. Recipients of TAGs may use funds to access expert advice and technical assistance, and to facilitate community education for qualifying projects.

The application submission deadline is 5pm on September 6, 2024.

After careful deliberation, the LSPA Board has determined that it is necessary to adjust our course and meeting rates. After more than 15 years of no changes, we are increasing the costs of our courses and meetings by $10/credit in order to keep up with rising costs. The LSPA needs to keep pace with increased venue, food/beverage, and AV costs for in-person events. And, surprisingly, we have learned that live webinars require more staff commitment and hours.   

Beginning with the September 12, 2024, member meeting (and excluding the Sept. 25 course), the new member rates for LSPA and MassDEP/LSPA courses and meetings will be as follows:  

How do you know if you have satisfactorily addressed each item on MassDEP’s audit checklist before you send off your report? Usually, an unaffiliated reviewer is able to identify items you and your team may have overlooked or just not explained thoroughly.

Those who have participated in the LSPA’s Peer Review Program know that an outside reviewer can add significant value to the final report, and provide a hedge against future issues.

The LSPA’s “school” year is about to begin and our Education Committee is looking for speakers and topics for our 2025 courses! This is a great visibility opportunity for presenters; the LSPA typically registers 100+ LSPs and other waste site cleanup practitioners per course. Do you have new research, experience, or case studies to share in the field of contaminated site assessment and remediation? We want to hear from you. Please send your suggestions to [email protected]. 

Providing opportunities for professional continuing education is a vital part of the LSPA's mission. From September through June, the LSPA offers continuing education courses, ranging from 2 to 8 credit hours, on technical and regulatory topics. Presentations are offered both virtually and in person. The LSPA's courses, approved by the LSP Board of Registration, are an important source of continuing education credit for members and non-members alike. 

The LSPA received the following email from the MassDEP Bureau of Waste Site Cleanup on Monday, July 15, 2024.

Four revised Compendium of Analytical Methods (CAM) protocols have been posted to MassDEP’s website at https://www.mass.gov/info-details/compendium-of-analytical-methods-cam and become effective October 15, 2024.