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U.S. EPA Releases Its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan

The U.S. Environmental Protection Agency (EPA) has released the “EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan.”  This 60-page PFAS Action Plan identifies EPA-led short-term actions, longer-term research, and potential regulatory approaches designed to reduce the risks associated with PFAS in the environment.  Read the full action plan and a summary fact sheet here: https://www.epa.gov/pfas/epas-pfas-action-plan 

The Executive Summary lists “Key EPA Actions Addressing PFAS-Related Challenges”:

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February 2019 Compliance Tip of the Month

The LSPA presented the following compliance tip at the February Membership Meeting at the Hilton Hotel in Woburn, MA on February 12, 2019.  

Compliance Tip of the Month

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LSPA Urges EOEEA to Fill Vacant "Environmental" Seat on LSP Board

The LSPA has heard back from MA Executive Office of Energy and Environmental Affairs (EOEEA) Secretary Matt Beaton's office that "Commissioner Suuberg from MassDEP has reached out to multiple environmental organizations asking for recommendations for this seat."  

This is in response to a letter the LSPA sent urging that the seat, vacant for 5 years, be filled. Read the letter here


LSPA Comments on PFAS Petition to MassDEP

The LSPA submitted this response to MassDEP's invitation to offer written feedback on the "PFAS Petition" by the Conservation Law Foundation and Toxics Action Center. Read the letter here

MassDEP Response to CLF and Toxics Action PFAS Petition
In a January 28, 2019 email, Douglas E. Fine., Assistant Commissioner, Bureau of Water Resources, MassDEP wrote:

As you know, MassDEP received a “Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl Substances” on October 25, 2018 from the Conservation Law Foundation and Toxics Action Center.  In accordance with regulatory requirements under 310 CMR 2.03 and 2.04, MassDEP held a public meeting on January 16, 2019 to consider the petition and to take comments on the petition. This opportunity allowed for representatives of the Conservation Law Foundation and the Toxics Action Center to present their views on the petition to 71 participants attending the meeting in person, and more than 80 watching via on-line stream.  The public meeting also allowed for 21 stakeholders to formally offer their views. In addition, MassDEP received written comments from 45 different individuals and organizations. MassDEP greatly appreciates attention to this important matter from the petitioners, and the agency is very appreciative of the participation of all stakeholders through their written and oral comments, and attendance and viewing of the public meeting.


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NBC10 Boston Segment, "Home Heating Oil Spill Nightmares"

Thank you to Ryan Kath and the team at NBC10 Boston for this piece illustrating the serious challenges of home heating oil releases, especially for those who are uninsured. We expect two more parts to this series, with the final part focusing on legislation that would require insurance companies to provide specialized liquid fuel release insurance riders.  
 

While we can't comment on the specifics of this Blackstone property, we can say that Licensed Site Professionals (LSPs), attorneys, the Massachusetts Department of Environmental Protection (MassDEP), and the LSP Association (LSPA) hear regularly from homeowners who are overwhelmed and desperate about how they will afford to clean up home heating oil releases on their properties to meet the requirements of the State’s environmental regulations. Home heating oil spills are emotional and difficult for all involved.  

Many homeowners do not have the financial means to pay for costly cleanups, and MassDEP does not have the public funds to do this itself. The backing of homeowners' insurance companies is critical to make cleanups financially viable. The LSPA is working with state legislators to mandate that insurance companies provide coverage to homeowners using oil heat - just like they do for homeowners using electric, gas, and other energy sources, and just as most homeowners would expect when purchasing insurance.  

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Save The Date!

Special Report Tonight on Boston Channel 10!

Be sure to watch this special report tonight on Boston Channel 10 on the impacts of leaks and spills from home heating oil tanks. The financial, emotional, and environmental consequences can be dire. Uninsured homeowners are hit especially hard. Most people are surprised to learn, usually too late, that their insurance policies exclude this coverage. Check out this newscast tonight at 11pm. And on Tuesday, February 5th early evening news. Channel 10 Boston and Ryan Kath

 

Looking for Legislative Co-Sponsors: How You Can Help

The LSP Association (LSPA) is working with Senator Anne M. Gobi (D-Spencer) in this new legislative session to pass a bill that would require insurance companies to provide coverage for residential heating oil spills. Senator Gobi, Chair of the Joint Committee on Environment, Natural Resources, and Agriculture, is the primary sponsor of the bill (Senate Docket No.975), which is the same language as her 2017 bill.  
 
The more sponsors of the bill - the better. We are asking you, LSPA members and friends, to write to your State Senator to urge her or him to sign on as a bill co-sponsor. This is the week to get it done.
 
A simple email to your Senator is all it takes. Enter your home address here to find your Senator. An email might read:
 
Dear Senator (name):
 
As a resident of (your address) and your constituent, I am writing to respectfully ask you to join on as a co-sponsor to Senator Anne M. Gobi's bill, Senate Docket No. 975. This bill would make it mandatory for insurance companies to provide coverage for residential heating oil spills. This bill would provide important consumer and environmental protection in the unfortunate event of a home heating oil leak or spill.
 
There are over 100 such incidents in the state annually and cleanup costs can range from $20,000 to $50,000 for simple spills, to more than $300,000 for complex spills that impact both soil and groundwater.*
 
Only about 5% of all homes statewide that use oil heat have the specialized "liquid fuel release" insurance rider that would protect them. And most homeowners don't know that they are not protected under most existing homeowners policies unless they specifically opt in for this coverage by purchasing a rider for a fairly low additional premium.*
 
(If you have first-hand experience assisting with residential spill remediation or know someone who has experienced a spill, it's good to share that).
 
I encourage you to consider co-sponsoring Senate Docket No. 975.
 
Thank you, (your name and address)
 
For more information about the LSPA's bill, please read more here.
Thank you,

LSPA Legislative Committee Chairs
 
 
Kevin Beaulieu, LSP, Common Sense Environmental
Spence Smith, LSP, Jacobs


January 2019 Compliance Tip of the Month

The LSPA presented the following compliance tip at the January Membership Meeting at the Holiday Inn in Taunton, MA on January 16, 2019.  

Compliance Tip of the Month

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Invitation to Meeting on PFAS Petition (1/16/19, 10:00 @ MassDEP, Boston)


The LSPA received the following email from MassDEP yesterday. Representatives of the LSPA will attend this meeting.

From: Locke, Paul (DEP) <[email protected]>
Date: Thu, Dec 20, 2018 at 4:11 PM
Subject: Invitation to Meeting on PFAS Petition (1/16/19, 10:00 @ MassDEP, Boston)
MassDEP Waste Site Cleanup Stakeholder,
 
The following email was sent to stakeholders of the MassDEP Drinking Water Program, but the information discussed will also be relevant to the Waste Site Cleanup Program. Please consider attending the meeting or viewing online.
-          Paul Locke
-------------------------------------------------------------------------
Paul W. Locke  |  Assistant Commissioner  |  MassDEP Waste Site Cleanup
www.mass.gov/dep  |  [email protected]  |  617-556-1160 

 
MassDEP Drinking Water Stakeholder,
 
I am writing to invite you to participate in a meeting that will be held by MassDEP on Wednesday, January 16, 2019 at 10:00 am at MassDEP's Boston Office.  The purpose of the meeting is to discuss and solicit your feedback on a petition titled: "Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl Substances."  The petition was submitted to MassDEP in October 2018 by the Conservation Law Foundation and Toxics Action Center pursuant to M.G.L. c. 30A, § 4.  MassDEP intends to act in accordance with the relevant provisions of 310 CMR 2.00 et seq., which require MassDEP to hold a meeting to consider the petition, and after the meeting to notify the petitioners of the Department's actions.  The petition, and information about the meeting, is available at: https://www.mass.gov/lists/petition-for-rulemaking-to-establish-a-treatment-technique-drinking-water-standard-for-pfas.
 
At the meeting, the petitioners will have the opportunity to present an overview of their petition.  MassDEP will provide an overview of the Drinking Water program's implementation of the federal Safe Drinking Water Act, including some background on PFAS and an update of actions taken by MassDEP to date.  There will be an opportunity for the public to offer feedback on the petition.  If you would like to offer brief, oral feedback at the meeting, please pre-register by sending an email to [email protected], and include "PFAS Petition Meeting" in the subject line of your email.  Please note that oral feedback will be time-limited in order to ensure that everyone has an opportunity to speak.  MassDEP will also accept written feedback on the petition.  If you would like to submit written feedback, we encourage you to send it electronically in advance of the meeting to [email protected], with the subject line of "PFAS Petition Feedback."  You may also submit feedback in hard copy at any time up to the close of the public meeting.
 
The meeting will be held at MassDEP's offices at One Winter Street, Boston, 2nd floor conference rooms A, B and C, at 10 AM on Wednesday, January 16, 2019.  Directions are available at https://www.mass.gov/service-details/massdep-boston-office.  If you are unable to attend in person, the meeting will be available via live-streaming at https://www.youtube.com/channel/UCswijd-Vuwa0jMR4EroSm8w/live.
 
We look forward to your participation at this meeting.  Please contact the Drinking Water Program at [email protected] with the subject line of "PFAS Petition Questions," or call 617-292-5770 with any questions.
 
 
Sincerely,
Douglas E. Fine
Assistant Commissioner, Bureau of Water Resources
Massachusetts Department of Environmental Protection


How Geologists and Environmental Consultants Interact with Lawyers

On December 3, 2018, LSPA Board Member Jeanine Grachuk, Principal at Beveridge & Diamond, spoke about “How Geologists and Environmental Consultants Interact with Lawyers” to 20 students at a meeting of the Student Chapter of the LSP Association at Bridgewater State University. Always great to connect practitioners with students, and possible future LSPs (or attorneys!).

 

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25th on the 25th




The LSPA celebrated its 25th anniversary in style on October 25th at Mechanics Hall in Worcester. The only thing better than the gorgeous, historical venue was the fact that 350 LSPA members and friends were in attendance. It was a great night: food, drink, 17 Past LSPA Presidents in attendance, three Contribution to the Practice awards, and that doesn’t even include the evening’s entertainment. 

We were excited to hear Worcester Polytechnic Institute’s a cappella group, the Audiophiles, perform. What a talented group of future engineers and techies!




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November Member Meeting Compliance Tip

The LSPA presented the following compliance tip at the November Membership Meeting at the DoubleTree Hotel in Westborough, MA on November 13, 2018.  

Compliance Tip of the Month

An Activity and Use Limitation (AUL) cannot be used to limit the activities and exposures of utility workers conducting emergency excavation and repair of existing subsurface utilities. If the property has a utility line or easement, then at a minimum that area of the site must be cleaned up to a level that poses No Significant Risk for emergency excavation and repair of existing subsurface utilities by workers without personal protective equipment.

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3 Minute Update: 9/27/18 MassDEP Advisory Committee Meeting

LSPA Regulations Committee

3-Minute Update

Here is a 3-minute update on the September 27, 2018 BWSC Advisory Committee meeting, from the LSPA Regulations Committee Co-Chair, Joe Roman. For a more detailed five page summary of the meeting, please click here.



Please Join the LSPA on October 15th in Amherst, MA

Join Us at the Soils Conference

October 15 in Amherst, MA 

 
LSPA Members, Clients, and Friends: 

Are you attending the 34th Annual International Conference on Soils, Sediments, Water, and Energy in Amherst next week? Are you an LSPA member in Western Massachusetts? Please join us for an informal gathering at The Hangar Pub.  

Date: Monday, October 15, 2018
Time: 7:00 pm +
Where: The Hangar Pub, 10 University Dr, Amherst, MA

The Hangar Pub is just a short drive from the UMass Amherst Campus Center where the conference is being held. The pub serves dinner and drinks (and has a corn hole game room). The LSPA will provide munchies and appetizers. 

When you arrive, please keep an eye out for Kevin Beaulieu, Common Sense Environmental, and LSPA Past President. He'll be holding down the fort, at the bar.

Enjoy the conference and we hope to see you Monday night.

Kicking Off the School Year

The LSPA kicked off its “school” year with a great event on September 25th sponsored by Regenesis

We heard a high energy and far ranging talk by Jay Ash, MA Secretary of Housing and Economic Development. Secretary Ash covered topics including his time as Mayor of Chelsea, collaboration with several LSPA members with whom he has worked (all good experiences!), Governor Baker’s bipartisan administration, exciting economic development projects happening statewide, and why he is optimistic about the Massachusetts innovation economy. MassDEP Commissioner Marty Suuberg gave a broad reaching overview of the 25 year privatized program and generously acknowledged the important role of the LSPA in this work. He spoke about MassDEP priorities going forward, including the use of new technology to improve government transparency, emerging contaminants, climate change and resiliency, and brownfields development. Both speakers addressed the value of the work that LSPs and other practitioners do, and its importance to the economic and environmental health of the Commonwealth. 

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September's Monthly Compliance Tip

The LSPA presented the following compliance tip at the September Membership Meeting at the Newton Marriott in Newton, MA on September 25, 2018.  

Compliance Tip of the Month
 

The LSPA’s review of recent Notices of Audit Findings indicates that a common violation of sites in Remedy Operation Status (ROS) is the failure to fulfill reporting obligations. 

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Western MA Membership Meeting: A Fresh Look at Brownfields Challenges and Opportunities

We had a great turnout at last week's Western Massachusetts Membership Meeting, "A Fresh Look at Brownfields Challenges and Opportunities". The presentation slides have been posted on the LSPA website under Member Materials. Please visit here to download the materials or click directly on the links below:
Thank you to our sponsors for the evening: Con-Test Analytical Laboratory and Regenesis. We appreciate your continued support!


   

Attention LSPA Members: Enjoy Members Only Discount to UMass Soils Conference

The LSP Association (LSPA) is proud to support the 34th Annual International Conference on Soils, Sediments, Water, and Energy (aka "The Soils Conference") as an event sponsor. As part of this sponsorship, all LSPA members are eligible to receive a discounted registration fee. Did you know you can save up to $255 on registration rates if you are an LSPA member?
 
Registration for the conference is now open! When registering, please remember to check "Presenters*, Sponsors/Supporters, and Academics" to receive the discount. Rates for LSPA members are listed below. These rates are valid until September 28. Registrations received after September 28 will be charged a late fee of $75.
  • Full Three Days: $295 (Savings of $255)
  • One Day: $150 (Savings of 75)
Please note: in order to receive this discount your LSPA membership must be paid in full.
 
Are you attending the conference or are you an LSPA member in the Western Massachusetts area? The LSPA will be organizing an informal gathering at The Hangar Pub on Monday night. Details coming soon! The Hangar Pub is just a short drive from the UMass Amherst Campus Center where the conference is being held. The pub serves dinner and drinks (and has a corn hole game room). 

Skills Matrix: Learn More About These Sole Practitioners

LSPA’s newly-formed Sole Practitioners Group has developed a skills matrix, which lists sole practitioners along with their areas of expertise. With certain projects, you may be looking for a particular skill set or hoping to add another environmental professional to your team. This skills matrix will help you to find the best person for your team/project. The list, which is maintained by Stephen Boynton of Subsurface Environmental Solutions, LLC, chair of the Sole Practitioners Group, is available to members of that group. Please contact Steve for more information at 781.608.6119 or via mail [email protected].