The following LSPA compliance tip was presented at the December 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on December 14, 2021.
Compliance Tip:
When using a Method 2 or Method 3 risk characterization to establish a condition of NSR, you must consider reasonably foreseeable, as well as current, site activities and uses. In particular, future vapor intrusion exposures could result from changes in building use or altered building conditions. Potentially problematic activities and uses can be eliminated from consideration in the risk characterization through an appropriate AUL, per 310 CMR 40.0923(3)(b).
LSPA's December 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.
The following LSPA compliance tip was presented at the October 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on October 28, 2021.
Compliance Tip:
Even if you have demonstrated that no Imminent Hazard exists and there is a condition of No Significant Risk at your site, you still need to address a Critical Exposure Pathway (CEP) if one has been identified. As required by 310 CMR 40.0414(3)&(4), you must conduct response actions to eliminate, prevent, and/or mitigate the CEP, or submit documentation that it is not feasible to do so.
The Department of Environmental Protection (MassDEP) is holding a listening session on disposal capacity issues for contaminated soil coming from Massachusetts disposal sites (“contaminated” soil meaning concentrations > RCS-2). This session will help MassDEP better understand the scope and impact of contaminated soil disposal issues and identify possible avenues for addressing them.
The listening session is planned for December 16 from 10:00 am to 12:00 pm, to be held via Zoom, and hosted by MassDEP’s Liz Callahan (Acting Assistant Commissioner, Bureau of Waste Site Cleanup), Greg Cooper (Division Director, Business Compliance & Recycling), and Paul Locke (Acting Deputy Commissioner, Policy & Planning).
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.
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.
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.
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.