The LSPA received the following email from MassDEP's Bureau of Waste Site Cleanup on Friday. 

Dear Waste Site Cleanup Program stakeholder,

The following LSPA compliance tip was introduced at the December 2023 Membership Meeting, which was held remotely on December 12, 2023 via Zoom.  

Compliance Tip of the Month

On November 20, 2023, the LSPA sent a white paper to MassDEP entitled “Recommendations for Risk Management Under the MCP for Trichloroethene Exposures Based on Updated Toxicological Information.” The paper was prepared under the auspices of the LSPA’s Technical Practices Committee by Jay Peters of Haley & Aldrich, Inc. and Marie Rudiman of EnviroRisk Solutions, LLC. 

Based on evaluation of the updated scientific evidence referenced in this paper, the LSPA concurs with the findings of EPA studies and others that the association of TCE exposure with congenital heart defects (CHDs) is not scientifically supported. The LSPA proposes that MassDEP seriously reconsider and reevaluate the weight of evidence for TCE-induced CHDs and revise its risk management framework for TCE to be based on the chronic immunological endpoint, rather than the developmental effects endpoint. The paper notes that this would have the following implications for the regulation of TCE in Massachusetts:

In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the new regulations. 

Provided below is a brief summary of the new regulations on the topics of

Tips for Developing Your LSP Application and Taking the Exam

Click here to read Ten Tips for Developing Your LSP Exam Application

Congrats to New LSPs

 Ten New LSPs Join the Ranks

The LSP Board of Registration recently announced that the following ten new LSPs passed the exam in early November. The LSPA congratulates each of them on this impressive accomplishment and applauds this new milestone in their practice. 

Provided below is new information from both US EPA and MassDEP.

Ongoing Updates on MCP-Related Information
Watch this space on the MassDEP website for updates and “related information” on the 2024 MCP. At this time, updates include:

In anticipation of March 1, 2024, when the MCP Amendments go into effect, the LSPA’s Regulations Committee has been working on summarizing key changes to the MCP regulations. 

Provided below is a summary of the new regulations on the topic of Active Exposure Pathway Mitigation Measures (AEPMMS). This information was developed and is provided on behalf of the LSPA only; it does not represent MassDEP guidance or other input. MassDEP training is expected to take place in January 2024.

The following LSPA compliance tip was introduced at the November 2023 Membership Meeting, which was held remotely on November 15, 2023 via Zoom.  

Compliance Tip of the Month

The LSPA celebrated its 30^th anniversary in style on October 26^th at beautiful and historic Mechanics Hall in Worcester. Our last annual dinner was in 2019 so this gathering was a reunion of sorts. 30 years and over 300 LSPA members and friends were there. 

It was a great night: 16 LSPA Past Presidents in attendance, an official citation from the Massachusetts State Senate, recognition of Immediate Past President Dave Leone, a Lifetime Achievement Award for Paul Locke, and a viewing of the LSPA’s short video Suspending Disbelief.

The LSPA received notice on October 16, 2023 from MassDEP’s Bureau of Waste Site Cleanup that the updated Compendium of Analytical Methods (CAM) protocols for Trace Metals, WSC-CAM-III A (6010D) and WSC-CAM-III D (6020B), have been posted to MassDEP's website. Also posted are summaries of the significant changes made to the respective existing protocols with these updates.

The effective date for these updated protocols is January 15, 2024. On and after January 15, 2024, any laboratory that is certifying compliance with MassDEP’s CAM protocols for these methods must be complying with these updated protocols. 

MassDEP’s Central Regional Office (CERO) has shared with the LSPA about 40 files containing results from the sampling of non-legacy aqueous film forming foams (AFFFs) for PFAS content. The aim of this 2021 effort was to create a reference of AFFFs deployed at release Sites that would guide MassDEP staff, PRPs, and LSPs as they formulate sampling plans at release Sites where an AFFF has been deployed.  

This effort stems from the fact that, in some cases, AFFF content is not included in ingredients on product Safety Data Sheets or it is assumed that AFFF does not contain PFAS for products manufactured after 2002, around when PFOS was voluntarily phased out from AFFF manufactured by 3M. This can lead parties to conclude that PFAS sampling is not warranted. But that may be an inaccurate assumption. 

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.