Kristi Lefebvre
July 2020 LSP License Renewals  
The following statement, which clarifies Governor Baker's recent Executive Order related to LSP renewals, has been posted on the LSP Board of Registration website. Please see below and direct renewal questions to the LSP Board at [email protected]

On June 26, 2020, Governor Baker issued COVID-19 Executive Order No. 41 which rescinded the automatic license renewals for LSPs. Therefore, LSP license renewals due on or after July 10, 2020, must be received by close of business July 30, 2020, pursuant to 309 CMR 3.06(1). The LSP Board now notifies all LSPs who must file an Application for Renewal of LSP License in July 2020, that they may file an Application for 90-day extension as defined in 309 CMR 3.06(5)-(6). Additionally, LSPs who meet the criteria outlined in 309 CMR 2.12 may file a Petition for Waiver. Please note that Petitions for Waiver of fees are prohibited by the regulation. All petitions and Applications for 90-day extensions must be received by close of business July 30, 2020. 
Job Opportunity at LSP Board
The Board of Registration of Hazardous Waste Site Cleanup Professionals, an agency within the Executive Office of Energy and Environmental Affairs, is searching for an LSP Board Scientist/Investigator/Environmental Analyst IV

To learn more, please review the full job description. Please note that "First consideration will be given to those applicants that apply within the first 14 days."


TAG Grant RFP Posted on LSPA Job Board
There is a new posting on the LSPA's Job Board for technical assistance at the Olin Chemical Superfund site in Wilmington, MA. The Wilmington Environmental Restoration Committee, Inc. (WERC) is a citizen group of Wilmington and Woburn residents organized in 2007. Their funding is provided through the USEPA's Technical Assistance Grant program. Proposals are due by close of business on Wednesday, August 5, 2020.

Read the RFP posting here.

Governor's New Orders on Licenses and Permitting
At the July 9, 2020 BWSC Office Hours, Paul Locke, BWSC Assistant Commissioner, discussed Executive Order COVID-19 #42 "Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits"
Check out the meeting video here. Starting at about 17:20 minutes, the Assistant Commissioner clarifies state permitting and appeals deadlines and discusses how this may impact those working in areas regulated by BWSC.
 
The BWSC continues to hold weekly office hours every Thursday at 9:00 am. Go here for more details. 
 
Recordings of past office hours can be found here 

Public Involvement Q & A
The BWSC continues to add new items to the MCP Q & A: Covid-19 Edition. The most recent questions pertain to conducting public involvement activities, specifically in these areas:
  • Emailing local officials,
  • Conducting public meetings at PIP sites, and
  • Establishing information repositories.
The MCP Q&A: COVID-19 Edition consists of Questions & Answers about the notification, assessment, cleanup and closure of sites during the COVID-19 State of Emergency. Questions may be submitted to BWSC at [email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the website page.

LSPA Summer Plans
The LSPA plans to hold live webinars and offer several new on-demand, online courses throughout the summer. Please watch your email inbox for announcements, and also check the LSPA's course webpage regularly. In the meantime, if you have suggestions for webinar speakers or topics, don't hesitate to share them with us by writing [email protected].


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....

As of this morning, the LSP Board has new information regarding LSP license renewals on its website. That information is copied below.

Updated: Jul. 2nd, 2020, 8:30 am

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The LSPA just received the following email from Paul Locke, Assistant Commissioner, MassDEP.  

I hope you are all healthy, safe and looking forward to a relaxing long weekend.  Before you head out, though, I wanted to highlight two recent Executive Orders that affect our environmental work.
 
First, Executive Order COVID-19 #41  rescinds the March 18th Executive Order Extending the Registrations of Certain Licensed Professionals (which extended professional licenses set to expire during the state of emergency) as of July 10th.
This means that any licenses that expire on or after July 10th will not be extended automatically by Executive Order, so those licensees will need to make sure they either get their licenses renewed or extended by the time their current license expires. It orders licensing boards to extend all registrations that had been covered by the March 18th Executive Order to at least October 1, 2020. Note that this material is in the second section of the Order - the first section deals with unrelated Child Care issues.
A copy of that Order is available here.
 
Second, Executive Order COVID-19 #42 "Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits"
 
For appeals, the new Executive Order works like this:
  • if the deadline to file an appeal would have fallen, or will fall, between March 10th and July 1, 2020, the new deadline to file an appeal will be August 10th.
  • if the deadline to file an appeal falls after July 1, 2020, the deadline would be August 10th or the normal appeal deadline under MassDEP rules, whichever is later. 
For constructive approvals:
  • if the deadline for MassDEP to act on a constructive approval would have fallen between March 10 and July 1, MassDEP's new deadline to act would now be August 17th.  
  • if the deadline for MassDEP to act would fall after July 1, the deadline would be August 17th or the normal deadline for MassDEP to act under its rules, whichever is later.
For the other things affected by the COVID-19 Executive Order No. 17 (permit decision deadlines, hearing deadlines):
  • if the deadline for MassDEP to act on a permit application or hold a hearing would have fallen between March 10 and July 1, the new deadline to act would now be August 10th.  
  • if the deadline for MassDEP to act would fall after July 1, the deadline would be August 10th or the normal deadline for DEP to act under its rules, whichever is later. 
A copy of that order is not yet on the state website (as of this email), but it should be available there shortly. Go to Mass.Gov and use the Search function to find, "Order Resuming State Permitting"  or other parts of the document title.
 
BWSC will plan to discuss these new Executive Orders - and any other questions you may have - at next week's BWSC Office Hours.  They are every Thursday at 9:00 am (except today, to give you the chance for a longer weekend.)  Details here.  

Again, have a good long weekend and maybe we'll see you next Thursday.

----------------------------------------------------------
Paul W. Locke
Assistant Commissioner
MassDEP Bureau of Waste Site Cleanup
1 Winter Street, Boston, MA 02108
 
617-556-1160
[email protected]
The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is now being considered by the Massachusetts Senate Ways & Means Committee.

We are asking for your helpIf your state senator is a member the Senate Ways & Means Committee or a co-sponsor of the bill, NOW is the time to get their attention. Please consider writing to him/her to urge support of the bill. The more requests from constituents, the more visibility our bill gets. The legislature's formal session adjourns July 31, 2020.

Check here to find your state senator.

Attached here is a sample email you can send. All senators' email addresses are on their home page. No need to send paper mail.

If you have experience with a home heating oil release, especially one in which the homeowner did not have insurance or had a tough time getting coverage, please feel free to share this in your letter. Real life examples are most compelling, especially if your client's property is in the district of one of these senators.

For more information about the bill, please read the LSPA's letter and fact sheet, as well as a supporting letter from five state river, wetlands, and watershed protection organizations. We encourage you to mention in your letter if you are a member of any of these organizations.

Please copy our Executive Director, Wendy Rundle, at [email protected] on your email, and contact her if you have any questions. Thank you for your support; we will keep LSPA members apprised.

Sincerely,
  
LSPA Legislative Committee Co-Chairs
Spence Smith, LSP, Jacobs
Tim Clinton, LSP, Fuss & O'Neill

 

MassDEP would like to notify LSPs who apply for National Pollutant Discharge Elimination System (NPDES) coverage of an upcoming change in how applications and (Notices of Intent) NOIs are submitted. The Executive Office of Energy and Environmental Affairs (EOEEA) is in the process of rolling out ePLACE, which is a permitting portal through which you can apply for, renew, or amend a license, permit, certificate or notification. The portal allows all EOEEA authorizations that may be needed by a facility or permittee to be assembled under one integrated electronic system with partial public access. As part of EOEEA, MassDEP's Surface Water Discharge Permitting Program's ePLACE portal will go live on June 30, 2020. Once applicants set up a user ID and password, they will be able to upload applications and NOIs through the portal for multiple projects/facilities. The paper transmittal form will no longer be used and payments may be made by credit card or electronic check. Applicants will still have the option to mail a check, if necessary.

The portal will be available beginning on June 30, 2020 at: https://eplace.eea.mass.gov/citizenaccess and instructions will be available at: https://www.mass.gov/info-details/surface-water-discharge-permitting-npdes. ePLACE technical support will also be available. Applications and NOIs received by email or mail after this date will need to be resubmitted using ePLACE.


The following LSPA resource tip was presented at the June 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on June 18, 2020.  

LSPA Resource Tip for More Resilient and Sustainable Remediation Solutions 

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The LSPA Board is pleased to announce that three candidates have been elected to the LSPA Board of Directors for 2020 - 2023:
Thank you to all who voted. We received 150 completed ballots. 
 
At the end of June 2020, LSPA Board Member Jeanine Grachuk's Board term will come to an end. Jeanine is an environmental attorney and Partner at Beveridge & Diamond P.C. We thank her for her many contributions as a Board member and Clerk.  

We feel fortunate to have a vibrant association led by such skilled and dedicated professionals
Sincerely,
   
David Leone, LSP
LSPA President-Elect, 2020-2021



This 20-minute video created by Phil Platcow, Senior Vice President for Health & Safety at The Vertex Companies, Inc., shows us how to get our home workspace set up for ergonomic success! Phil covers several different areas including what ergonomics is and how to have the proper at home set-up. He even tackles how to avoid distractions and provides information on our overall wellness. A BIG thank you to Phil and VERTEX for sharing their content with the LSPA and it's members. We hope you all enjoy the video. 



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BWSC Q & A: Covid-19 Edition
At last week's BWSC Office Hours, Paul Locke, BWSC Assistant Commissioner, announced that MassDEP has added a new question to the MCP Q & A: Covid-19 Edition. The question pertains to Limited Removal Action (LRA) Extensions.
 
The question is whether extensions will be granted in situations where there is an inability to meet the 120-day deadline for completing an LRA. In this case the delay is due to construction shutdowns in Boston.
 
MassDEP's response is:
If your client cannot conduct the Limited Removal Action prior to the end of the 120 days from the time s/he had knowledge of the PCB release, your client must notify.  
 
The Department has issued guidance (available here) that describes its expectations and application of enforcement discretion for certain delays in conducting response actions during the COVID-19 State of Emergency.  As stated in the guidance, all 2-hour, 72-hour and 120 day notifications must continue to be made during the State of Emergency. This is consistent with the provisions at 310 CMR 40.0025(1), which allow for written notices of delay in the case of a Force Majeure "except a deadline or time period for providing notification of a release or threat of release of oil and/or hazardous material, or an Imminent Hazard, as required by 310 CMR 40.0300..."
Questions may be submitted to MassDEP's BWSC at [email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the webpage.
City of Boston Covid-19 Tools of the Trade
The City of Boston Inspectional Services Department has implemented new protocols for essential construction work in the City of Boston due to the Covid-19 public health emergency.  As of May 18, 2020, The City of Boston began allowing essential construction on sites that met certain criteria, including filing a Covid-19 Safety plan and a signed affidavit. 

To stay up to date with the latest news on construction in Boston, visit this 
website. You will also find Covid-19 guidelines and guidance videos there.
Take a look at this 
video for tips to ensure your Boston jobsite is safe, sanitary and in compliance with Covid-19 requirements.


Indoor Air and Covid-19
The LSPA's Technical Practices Committee (TPC) reminds us that the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has prepared a list of resources to address Coronavirus airborne transmission in hospitals, aircraft and other enclosed spaces.  It can be found here
 
If the topic of indoor air and building design/ventilation is of interest to you, please consider attending a TPC meeting; this topic is usually one of several meeting agenda items. The committee meets next by Zoom on June 10th from 8 am to 10 am. Contact Committee Chair Roger Thibault to receive the Zoom link.


Occupational Health and Safety
Another resource discussed at a recent TPC meeting is this guidance document from the U.S. Occupational Safety and Health Administration (OSHA) entitled "Guidance on Preparing Workplaces for COVID-19."
As COVID-19 continues to impact our daily lives, we want to recognize members of the LSPA who are going "above and beyond" by donating their time and resources to help others through this difficult period.

Below are two examples of these generous contributions. Kudos to Trident Environmental and Amy Rosenstein. Please contact us at [email protected] if you know of others who are helping.

Trident Environmental Group provided free decontamination services for first responder vehicles at their Norfolk headquarters. All surrounding towns were invited to participate in the April 18th event. Trident serviced about 60 police, fire and medical vehicles from Norfolk, Wrentham and Plainville.

Teams from the environmental contracting firm used their Steramist surface units to thoroughly disinfect first responder vehicles with a hydrogen peroxide-based mist and fog composed of ionized hydrogen peroxide.

          

Amy Rosenstein, Risk Assessor at the US Army Corps of Engineers, New England District, and LSPA member, is sewing face masks in her spare time for the Lexington Coalition Mask Team. This group has been donating masks to social service agencies and medical facilities. So far, they have collectively contributed 14,533+ handmade masks to those who need them. 

     
As you know, the LSPA has launched itself into the professional development world of webinars. So far, the response to our efforts has been overwhelmingly positive. Members and non-members alike report their great satisfaction with the more convenient and "greener" option of taking courses electronically (OK - and the in-person option just isn't available right now....). The LSPA's Education Committee is looking for webinar presenters. Do you have an area of expertise or a project you think would be interesting to LSPs and other practitioners? Did you plan to deliver a paper but your conference was cancelled? Have you developed a brown bag lunch presentation but your dog just isn't interested? The LSPA would like to hear from you! Our staff will handle all the logistics for one- to two-hour webinars (including applying for LSP credit if appropriate). We offer a stipend and lots of visibility. Please write us at [email protected] with your topics and ideas. We'd love to hear from you.

LSPs and other practitioners wear many different public health and safety "hats;" some serve in local government, some are EMTs or other first responders, and some organize equipment or food drives. Still others provide pro bono professional services. The LSPA is seeking information on members who are providing valuable services during this time, above and beyond their typical duties, so that we can recognize their good work. Please send a brief write-up to the LSPA at [email protected] about what you or someone you know is doing to contribute to the commonwealth during this pandemic. Photos would be great! With your permission, the LSPA may use this in our social media, our newsletter, or other communications. Sharing good news and good deeds will help us all feel a little bit better during this strange time!

Do you have a client with a residential heating oil spill? As upsetting and difficult as that can be under "normal" circumstances, it has surely been more complicated under the current restrictions.

The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, has successfully moved out of the legislature's Joint Committee on Financial Services and is now with the Senate Ways & Means Committee. The LSPA is preparing to update key legislators on the need for this insurance; it is our understanding that the state senate is hoping to meet again next month.

Please contact our Executive Director Wendy Rundle at [email protected] if you or your client is interested in sharing information with the LSPA about a recent residential heating oil release. Our ability to provide actual examples, even anonymously, has proven to be most persuasive with legislators.


The following LSPA tip was presented at the April 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on April 28, 2020.  

LSPA Tip for eDEP Submittals During the Time of COVID-19

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MassDEP BWSC Introduces New Q&A on MCP Issues During State of Emergency
At the MassDEP Bureau of Waste Site Cleanup (BWSC) April 23, 2020 Office Hours, Assistant Commissioner Paul Locke shared new resources that practitioners should be aware of.
 
The MCP Q&A: COVID-19 Edition consists of Questions & Answers about the notification, assessment, cleanup and closure of sites during the COVID-19 State of Emergency. Questions may be submitted to BWSC at
[email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the website page.
 
Also posted on this page is guidance from U.S. EPA on work at CERCLA (Superfund) and RCRA Corrective Action Sites during the COVID-19 Pandemic. Read more here
 
The BWSC continues to hold weekly office hours every Thursday at 9:00 am. Go here for more details. 
 
Recordings of past office hours can be found here.  
 
For additional information, refer to the BWSC April 7, 2020 Fact Sheet entitled

Many thanks to BWSC for providing these resources.  

Be well and stay safe.
Wendy Rundle, Executive Director


Let's be honest, one of the best things about attending an LSPA Member Meeting at the Westborough Doubletree Hotel is the chocolate chip cookies. Many an LSP has been seen doubling up on them at LSPA programs, or stuffing them in their pockets "for the ride home."   

We are disappointed to not be holding our May 2020 member meeting at the Doubletree but, if you're in the mood to bake (and eat!), you can still enjoy their chocolate chip cookies.  

For the first time, the hotel has revealed its cookie recipe. Read more here.
Print out the recipe here.


The LSP Association Scholarship Fund is accepting applications for educational scholarships for the 2020-2021 academic year. Deadline for submission has been extended to Friday, May 29, 2020.

The scholarship program supports continued education within environmental fields of study at colleges and universities throughout New England.
 
The goal is to provide two scholarships, each up to an amount of $5,000, to qualified individuals. 
 
One of the scholarships, established in 2007, honors the outstanding contributions to the profession of LSPA past president Jeffrey M. Hardin, and is awarded to an individual who is part of the LSP community. The applicant for this scholarship must be an LSPA member or an immediate family member of an LSPA member and enrolled in a degree program at an accredited New England college or university. 
 
The applicant for the other scholarship does not have to be an LSPA member or in the immediate family of an LSPA member but must be a qualified Massachusetts resident who is enrolled in a Massachusetts college or university with a major in environmental studies.
 
Please visit www.lspa.org for application information. Deadline for submission has been extended to Friday, May 29, 2020.  

The LSPA received the following email yesterday afternoon from MassDEP BWSC. Among other things, it highlights a fact sheet with guidance outlining expectations related to MCP requirements and site work during the COVID-19 State of Emergency, including discussion of meeting response action deadlines for routine submittals. MassDEP recommends that should work be delayed by postponed field work, reduced staffing, or other interruptions, parties should notify MassDEP of the compliance delay in writing, include the deadline(s) that will be missed, and any measures, if applicable, taken to secure the disposal site during the period of work stoppage. The written notice of delay should be submitted to MassDEP through eDEP using transmittal form BWSC121: Notification of Delay. 

MassDEP BWSC also notes that it intends to exercise enforcement discretion for failure to meet deadlines for routine submittals during this State of Emergency. 
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MassDEP has published a Fact Sheet on the continuity of waste site cleanup activities during the COVID-19 State of Emergency.  

I expect we will discuss the new Fact Sheet and other matters during this week's BWSC Office Hours on Thursday morning. (DETAILS: https://www.mass.gov/service-details/bwsc-office-hours-video-calls)

As always, questions can be directed to [email protected] prior to the Thursday call.
 
I hope you are all safe & well.

  • Paul Locke