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 following LSPA compliance tip was introduced at the May 2024 Membership Meeting, which was held remotely on May 16, 2024 via Zoom.  

Compliance Tip of the Month
 The U.S. EPA has promulgated MCLs for PFAS in drinking water; states are required to establish their own regulations that are no less stringent than the federal standards within two years.

On May 30, 2023, the LSPA submitted comments to USEPA via the Federal eRulemaking Portal regarding the proposed National Primary Drinking Water Regulation (NPDWR) for PFAS, under Docket ID: EPA-HQ-OW-2022-0114. Read the LSPA comment letter here. This was the first time in over a decade that the LSPA has commented on a proposed USEPA rule.

This USEPA webpage provides a summary of the proposed rule, along with links to supporting materials, technical materials, and background information. A small group of LSPA members including toxicologists, public health risk assessors, and LSPs with decades of experience reviewed and provided comments on this rule. The LSPA comments were organized according to the topics outlined in the slides from this USEPA presentation, Proposed PFAS National Primary Drinking Water Regulation (epa.gov).

On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including PFOA, PFOS, PFNA, HFPO-DA (commonly known as GenX Chemicals), PFHxS, and PFBS. EPA anticipates finalizing the regulation by the end of 2023. For more details click here.

The LSPA will review the proposed regulation and provide comments to EPA during the public comment period, which ends on May 30, 2023. If you have comments you would like the LSPA to consider, please send them to [email protected] by April 28, 2023.

On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including PFOA, PFOS, PFNA, HFPO-DA (commonly known as GenX Chemicals), PFHxS, and PFBS. The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. For more details click here.

EPA is requesting public comment on the proposed regulation. The public comment period will open following the proposed rule publishing in the Federal Register. Public comments can be provided at that time at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114.

1. Fund PFAS Detection and Remediation
2. Support Environmental Justice Communities
3. Phase Out PFAS in Consumer Products
4. Expand PFAS Regulation
5. Encourage Private Well PFAS Testing and Remediation
6. Support Firefighters and Local Fire Departments
7. Address PFAS Contamination and Accountability
8. Enhance Public Awareness of PFAS

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.

Members of the LSPA Regulations Committee sat in on this meeting (see the recording here) and present the following takeaways, in no particular order.

• 2019 MCP Revisions. The MCP amendments continue to be edited and revised in response to comments. Once finalized, which is expected to be “later this spring,” they will go into effect (with a grace period), and MassDEP will provide training and updated risk guidance.

• PFAS Testing of Public Water Supplies. MassDEP is providing funding to public water supplies for their first round of required PFAS testing. Testing is underway, and data are updated weekly on the MassDEP PFAS page at https://eeaonline.eea.state.ma.us/portal#!/search/drinking-water.

• Private Well Sampling and IH Level of 90 ppt.  MassDEP is communicating with local Boards of Health and private well owners in ~80 towns that rely primarily on private water sources. MassDEP is aiming to collect data from both private wells near potential (known) PFAS sources and wells randomly located, as an approach to gaining a better understanding of background levels of PFAS in groundwater. If PFAS is detected in a residential well, a homeowner will not be required to notify MassDEP; in the absence of an identified on-site source, MassDEP will assume that homeowners have Downgradient Property Status, and MassDEP will hold in abeyance the issuance a Notice of Responsibility (NOR). MassDEP will work with homeowners to reduce risk; a drinking water Imminent Hazard PFAS6 concentration of 90 ppt has been established by MassDEP.
  

• Multi-Lab Audit Findings.  Ken Marra and Liz Callahan summarized the results of the audit, which was initiated in 2016 and evaluated data packages for VPH/EPH/APH/TO-15. The Multi-Lab Data Audit Report (March 2021) has been posted here. Generally, laboratories did well with the TO-15 and APH analyses. There were potential low bias issues with VPH & EPH analyses in approximately one-half of the data packages, resulting in MassDEP issuing revisions to the VPH methods (February 2018) and EPH methods (December 2019) to clarify the issues. MassDEP does not anticipate doing a systematic review of past submittals relative to the low bias issues identified, but is considering measures for more routine checking of laboratory quality.
  
  If you are interested in participating in subgroup meetings regarding laboratory data quality, please send an email to [email protected].

• MassDEP Focus on Environmental Justice.  Deneen Simpson, MassDEP’s Director of Environmental Justice, summarized MassDEP’s work since June 2020 to evaluate the agency’s internal and external culture, practices, and policies related to environmental justice and equity. This work involves regional offices as well as a focus by the Commissioner. MassDEP is working to diversify advisory and stakeholder groups, and has developed and is implementing Environmental Justice Public Involvement Plan Guidance (currently an internal document only) on approaches to  engage diverse communities. MassDEP’s EJ Team meets quarterly. Rishi Reddi is the Director of Environmental Justice at the Executive Office of Energy and Environmental Affairs (EEOA), and the EJ Team also includes Liz Callahan and Peggy Shaw of BWSC. 

• Refreshing the Waste Site Cleanup Advisory Committee (WSCAC).  MassDEP is evaluating the composition of its stakeholder groups. The WSCAC is not created by statute and therefore MassDEP has flexibility regarding its composition, meeting format, etc. MassDEP would like to expand representation to ensure the full range of program stakeholders and would like to seek additional representation from EJ communities, PIP group members, student representatives, environmental advocacy groups, and/or subject matter experts. The Department is considering establishing term limits, establishing a set meeting schedule (likely quarterly), and varying meeting times and locations. The WSCAC members discussed their thoughts on the various proposals. If you have ideas of how MassDEP might conduct outreach to expand the representation of the advisory committee, please email [email protected].

• Office Hours and WSCAC Meetings.  MassDEP expects to continue holding virtual meetings, but anticipates switching from the Zoom platform to another platform for its Thursday morning “office hours” and WSCAC meetings.  The frequency of weekly office hours will probably be reduced, and WSCAC meetings will likely be held quarterly.

• Brownfields Tax Credits. The Massachusetts Department of Revenue is considering comments on its proposed new brownfields tax credit regulations.  An interagency workgroup has recently conducted listening sessions about the brownfields tax credit program.  They expect to have workgroup findings within a couple of months.

• Searching for COCs on Waste Site/Spills Look Up.  Paul Locke confirmed that it is not possible for the public or MassDEP to search the site lookup database by COCs.

• BWSC Grant Programs update.  Liz Callahan provided an update on various grant programs, including:
  • Natural Resource Damages – grant opportunity related to Former National Fireworks Site in Hanover
  • Technical Assistance
  • Marine Oil Spill Prevention & Response

1. Finalize outstanding guidance/policies: AULs, Engineered Barriers, Historic Fill, etc. (MassDEP)
2. Soil Management: Assist with needed capacity, beneficial uses, PFAS disposal (MassDEP and others)
3. PFAS: Address background conditions and MCP release exemptions (MassDEP)

4. Asbestos in Soil: Streamline and clarify regulations (MassDEP) – 29%
5. PFAS Private Well Sampling Program: Address MCP responsibility and liability issues (MassDEP) – 26%
6. LSP Board of Registration: Update regulations, improve operations (EOEEA) – 23%
7. 21J Fund: Reconcile LSP decision making and allowed reimbursements (MA Department of Revenue) – 18%
8. Brownfields Tax Credits: Reconcile LSP decision making and allowed reimbursements (MA Department of Revenue) – 17%
9. Public Involvement: Update guidance documents (MassDEP) – 8%%

LSPA's July 2020 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.

In this Issue....

• President's Message
• PFAS Analysis of Drinking Water by EPA Method 533
• Temporary Solutions: 2018-2019 NOAFs and Draft MCP Amendments
• Review of FY18 NOAFs for LNAPL
• Lessons Learned from MNA- and ROS-related NOAFs
• Findings From FY18 Risk Characterization NOAFs

The American Council of Engineering Companies of North Carolina (ACEC/NC) and Groundwater Professionals of North Carolina (GWPNC) invites you to attend the inaugural PFAS and Other Emerging Contaminants Conference, from Tuesday, April 23 through Wednesday, April 24th at the Marriott City Center in downtown Raleigh. 
 
This will be a seminar style conference, and is structured to be a "practitioners guide to emerging contaminants".  Our target audience includes geologists, environmental scientists, and engineers in the industry of environmental assessment and remediation; and is appropriate for regulators, consultants and service industry professionals.  

Day One: Per and Polyfluoroalkyl Substances, known as PFAS (including Gen-X and other compounds)
Day Two: 1,4-Dioxane and other emerging contaminants/issues pertinent to our industry

Please click here to view the conference agenda.

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”:

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.

• EPA will initiate steps to evaluate the need for a maximum contaminant level (MCL) for PFOA and PFOS. We will convene our federal partners and examine everything we know about PFOA and PFOS in drinking water.
• EPA is beginning the necessary steps to propose designating PFOA and PFOS as "hazardous substances" through one of the available statutory mechanisms, including potentially CERCLA Section 102.
• EPA is currently developing groundwater cleanup recommendations for PFOA and PFOS at contaminated sites and will complete this task by fall of this year.
• EPA is taking action in close collaboration with our federal and state partners to develop toxicity values for GenX and PFBS by this summer.