LSPA News & Blog

LSPA Unveils April Compliance Tip of the Month

The LSPA presented the following compliance tip at the April Membership Meeting held at the Holiday Inn in Taunton, MA on April 24, 2018. 

Remediation Waste (e.g., contaminated soil or debris excavated from a site or groundwater collected for disposal) should be removed from a site within 120 days of its initial excavation or collection. If the LSP anticipates the waste remaining on site for more than 120 days, (s)he can submit a RAM or IRA Plan or Phase IV RIP to MassDEP outlining a specific plan and schedule for dealing with the waste beyond the 120-day deadline.   
Don't forget that remediation waste does not include hazardous waste, which must be removed within 90 days.  310 CMR 40.0031(7)

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MassDEP Summer Brownfields Internship

MassDEP’s internship application period is open now through April 30. MassDEP is seeking a student (or team of 2 or more students) that would be interested in developing articles or mini-video documentaries about the history, decline and rebirth of some of the region’s brownfields (‘Brownfield Success Stories”). This internship will expose students to researching the history of disposal sites, learning about site cleanup assessment and technologies, and understanding Massachusetts cleanup process and regulations. (This position requires the type of due diligence research and report writing that would be required of a young environmental consultant). 

This internship may be a good fit for liberal arts students with a background in history or communication/journalism, as well as students in environmental science or the earth sciences. The internship is unpaid, but the hours can be part-time and flexible. 

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21J Fund Action Alert - Contact your State Representative to support funding

Ask Your State Representative to Fund the 21J/UST Program by Supporting Section 17 of the "Outside Section" of the State Budget   
 
The Massachusetts House of Representatives is expected to release its version of the FY 19 state budget on Wednesday, April 11 with debate in the House beginning on April 23, 2018. The LSPA Legislation Committee has been tasked with proactively monitoring proposed budgets and legislation for issues of interest to our membership.
 
One item of particular interest in this proposed budget, under Section 17 of the "Outside Section", is the re-establishment of a dedicated UST Fund. To fund it, the first $30 million of the UST Delivery Fee deposits each fiscal year would be deposited into this account to pay for reimbursement claims.  Currently, all of the UST Delivery Fees (approx. $78 million per year) are deposited into the Commonwealth Transportation Fund (CTF). Under the proposed language, at the end of the fiscal year, whatever funds are not used for the 21J Fund would revert to the CTF. Then beginning on July 1st of the subsequent fiscal year, up to $30 million in fees would again go into the UST Fund, and so on.
 
It is the opinion of the LSPA that re-establishing the UST Fund is a huge step forward in ensuring a reliable source of funding and sustainability for the program. As you may already know, the budget language is widely supported by industry groups, specifically the New England Convenience Store and Energy Marketers Association (NECSEMA) and New England Service Station and Auto Repair Association (NESSARA).
 
WHAT CAN YOU DO?
 
At this point in the budget debate, we hope to inform and gain the support of State Representatives during the budgeting process regarding the environmental, public health, and economic importance of the 21J/UST Program -which is often overlooked and sometimes misunderstood. It is our hope that the proposed Section 17 language will carry over into the final state budget.
 
The LSPA encourages people to email or call their State Representatives and urge them to support Section 17 of the budget "Outside Section". At this point, any calls or emails should be directed to State Representatives, not State Senators, because their budget process occurs before the State Senate's. The time is now.
 
Find your State Representative hereSuggested email language is here
 
Thank you in advance for taking action. We can make an impact!
 
Co-Chairs of the LSPA Legislative Committee:
 
Kevin Beaulieu, LSPCommonsense Environmental 
 
Spence Smith, LSP, CH2M Jacobs 

Update: LSPA Fight Continues for Homeowner Oil Spill Relief

Over the past several months the LSP Association (LSPA) has been active at the Massachusetts State House in support of S.534 - An Act relative to the remediation of home heating oil releases. Currently, only 5% of homes in Massachusetts using oil heat have insurance coverage! This bill, sponsored by Senator Anne Gobi and proposed by the LSPA, would make insurance coverage for home heating oil releases mandatory, giving homeowners much needed relief if they should face the often intimidating financial challenges of remediating a spill.    

In February 2018, the Joint Committee on Financial Services voted to report our bill favorably, with no changes. The bill was referred to the Senate Committee on Ways and Means where it is currently under review. Senator Karen E. Spilka (D-Middlesex/Norfolk) is the Chair of the Senate committee, and a list of committee members is here.

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March Compliance Tip

The LSPA presented the following compliance tip at the March Membership Meeting at the DoubleTree Hotel in Westborough, MA on March 15, 2018.  

When making the case for Downgradient Property Status (DPS, 310 CMR 40.0180), an LSP must demonstrate that the DPS property has not contributed to the release in question (see 310 CMR 40.0183(2)(b)(c)). 

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Save the Date! Annual LSPA Scholarship Fund Golf Tournament

It's that time of year again!

The LSPA Scholarship Fund will be hosting its 5th Annual Charity Golf Tournament on June 14, 2018, at the Highfields Golf Club in Grafton.

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LSPA March 2018 Newsletter

LSPA's March 2018 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....

LSPA's 25th Anniversary is Today: See Contest Winner

Happy 25th Anniversary to the LSPA!

Cleaning Up the Commonwealth for 25 Years


On March 5, 1993, the LSPA was officially incorporated by the Commonwealth of Massachusetts.

Today is the 25th anniversary of this professional association of which I am so pleased to be a member.
 
In celebration of this significant milestone, I am happy to announce that the LSPA's 25th anniversary "tag line" contest winner is John Kastrinos, P.G., LSP, Senior Associate, Hydrogeology at Haley & Aldrich, Inc.
 
He submitted this: Cleaning Up the Commonwealth for 25 Years

We were thrilled to receive 55 interesting and creative entries. Thank you to everyone who participated.

The 25th anniversary tag line will be accompanied by a graphic, yet to be designed, and used on all our materials this anniversary year. Many celebratory events are being planned for 2018.  A calendar of happenings will soon be shared, it will also include the date and location of our 25th anniversary dinner. 
 
We welcome your ideas for events, programs, and materials for the 25th anniversary; please send them to [email protected].

In the meantime, take a look at this photo collection showing some scenes from our 25 year history.    
 
And read the LSPA's 1993 end-of-the-year newsletter here.    
 
Happy Anniversary to us. I'm looking forward to a great year of celebration!
 
 
Thank you,

 
Marilyn M. Wade, P.E., LSP
LSPA President

MassDEP Posted its Updated VPH Method by GC/PID/FID and Corresponding CAM Protocol

The Massachusetts Department of Environmental Protection has updated its Method for the Determination of Volatile Petroleum Hydrocarbons by Gas Chromatography/Photoionization Detector/Flame Ionization Detector (VPH by GC/PID/FID) and the corresponding CAM protocol, WSC-CAM-IVA, Quality Control Requirements and Performance Standards for the Analysis of Volatile Petroleum Hydrocarbons (VPH) by Gas Chromatography/Photoionization Detector/Flame Ionization Detector in Support of Response Actions under the Massachusetts Contingency Plan. The updates include revised calibration requirements, changes to retention time windows for aliphatic hydrocarbons, required traps for the purge-and-trap process, new requirements for data deliverables, and a series of other minor revisions and clarifications. The revised method may be found here VPH Method by GC/PIC/FID. A complete list of the updates is provided in the preface of the revised method. 

Laboratories that are currently performing VPH by GC/PID/FID must make the necessary adjustments to implement the changes to the method on or before June 1, 2018 to comply with the method requirements and certify that the method is being performed in conformance with the CAM protocol, found here WSC-CAM-IVAIf you have questions about the revised method or CAM protocol, you may contact MassDEP at [email protected].

LSP Association Scholarship Fund Now Accepting Applications!

The LSP Association Scholarship Fund is now accepting applications for educational scholarships for the 2018-2019 academic year. 

The scholarship program supports continued education within environmental fields of study at colleges and universities throughout New England.
 
Our 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 second scholarship will be awarded to 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 is Friday, April 20, 2018.  

LSPA Unveils February Compliance and Safety Tip

The LSPA presented the following compliance tip at the February Membership Meeting held at the Holiday Inn in Taunton, MA on February 13, 2018. 

A situation that meets one of the Conditions of Substantial Release Migration (CSRM) specified at 40.0006 is not a CSRM and therefore not reportable, unless there is another, separate reportable condition at the site (see 40.0313(4)).  
This issue arises frequently with the detection of VOCs in indoor air.  
If indoor VOC concentrations are not an Imminent Hazard and there is no other reportable condition such as VOCs > RCs in groundwater or soil, the presence of VOCs in indoor air is not a CSRM and is not reportable. 
Without a separate reportable condition, there is no guarantee that the source of the VOCs is at the site.  Nonetheless, in the absence of an obvious source, the LSP is wise to look further.    

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

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Record-Breaking Attendance at Western MA Membership Meeting

LSPA’s Western Massachusetts Committee had a record-breaking number of attendees at its membership meeting on Monday, January 29. 

We would like to thank our speakers of the evening: Mr. Jason Barroso, Waste Management, Inc.; Mr. Hugo DelRosso, US Ecology and Ms. Eva Tor, Bureau of Waste Site Cleanup, MassDEP’s Western Regional Office. The speakers addressed the topic of Waste Management Considerations for MCP Projects to an audience of 60+.

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Regulations Committee: January 2018 SAC Meeting 3-minute Update

Isaac Anderson, of Cooperstown Environmental and the LSPA's Regulations Committee, briefly summarizes the following topics from the January 25, 2018 MassDEP BWSC Advisory Committee:

  • MassDEP FY 19 Governor's Budget
  • Schedule for 2018 amendments to 2014 MCP
  • MassDEP internal coordination on PFAS 
  • CAM and Method Updates on VPH
  • Natural Resource Damages regulation development 
  • SSD system telemetry challenges, pilot testing, and guidance document 


More info can be found here:  https://www.mass.gov/service-details/january-25-2018-bwscac-massdep including link to the video of the full meeting.

LSPA Emerging Professionals Third Annual Trivia Night

The LSPA Emerging Professionals hosted its annual Trivia Night at Lowell Beerworks on January 18, 2018. About 35 emerging and "seasoned" professionals competed in general knowledge trivia for prizes. Congratulations to the winning teams of the third annual trivia night:

#1 “Upstate New York”
#2 “Team 1”
#3 “Last Place”  

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LSPA Legislative Committee Busy Advocating for S. 534

Over the past several months the LSP Association (LSPA) has been active at the Massachusetts State House in support of S.534 - An Act relative to the remediation of home heating oil releases

This bill, proposed by the LSPA, would make insurance coverage of home heating oil releases mandatory. Currently, only about 5% of homes in Massachusetts using oil heat have insurance coverage. (Check your policy, you might be incorrectly assuming that you are covered). 

Since filing the bill, LSPs, attorneys, impacted homeowners and other stakeholders have been heavily involved in advocacy efforts including providing testimony at the State House and meeting with State legislators, the Office of Consumer Affairs and Business Regulation, the Division of Banks,  the Division of Insurance, and the Attorney Generals office. 

In the next few weeks, the Joint Committee on Financial Services will decide whether this bill will have life or if it will remain in the committee for "study." Senator Jamie Eldridge (D-Acton) is the Senate Chair of this committee. Representative Aaron Michlewitz (D-Boston) is the House Chair.

Read this fact sheet and a briefing paper to learn more about this important consumer and environmental protection issue.  
Contact the LSPA at [email protected] for more information or if you would like to get involved.
Below: The LSPA and other stakeholders testify in support of S. 534
     
 

January 2018 Compliance Tip

The LSPA presented the following compliance tip at the January Membership Meeting at Doubletree Hotel in Westborough, MA on January 11, 2018. 

"A feasibility evaluation is required to close any site at which NAPL with Micro-scale Mobility is present. 
310 CMR 40.1003(7)(a)2 states that a Permanent Solution shall not be achieved until "all NAPL with Micro-scale Mobility is removed if and to the extent feasible based upon consideration of CSM principles." 
This feasibility evaluation must be conducted in accordance with the requirements of 310 CMR 0860."

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

Rhode Island Flood Mitigation Association 2018 Conference

Rhode Island Flood Mitigation Association 2018 Conference - CALL FOR ABSTRACTS

April 5, 2018 | 8:00 am - 4:30 pm
Fidelity Investments, Smithfield, RI 

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EPA Announces Appointment of Alexandra Dunn to Region 1 Administrator

The U.S. Environmental Protection Agency (EPA) Administrator, Scott Pruitt, announced the appointment of Alexandra Dapolito Dunn to become Regional Administrator for Region 1. With over two decades of experience in environmental law, legislation, policy, and regulatory affairs, Ms. Dunn will oversee federal environmental protection efforts in: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. 

Alexandra Dunn currently serves as executive director and general counsel for the Environmental Council of States (ECOS), a national nonprofit, nonpartisan organization committed to helping state agencies improve environment outcomes for Americans. Since 2014, Ms. Dunn has helped state governments improve water infrastructure, air pollution control, site cleanup, chemical management, and economic development. Prior to joining ECOS, Ms. Dunn served as executive director and general counsel for the Association of Clean Water Administrators.

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MassDEP Honors LSP Association Member With Greener Cleanups Award

The Massachusetts Department of Environmental Protection (MassDEP), the state agency responsible for protecting the environment in the Commonwealth of Massachusetts, recently honored long-time LSP Association member, James Soukup, with a Greener Cleanups Award at the LSPA’s September Membership Meeting in Newton, MA.

Soukup, a Licensed Site Professional (LSP) and Principal Hydrogeologist at Weston Solutions Inc., and his client, Westover Air Reserve Base in Chicopee, Massachusetts, received the Greener Cleanup Leadership Recognition Award for demonstrating professional stewardship in promoting Greener Cleanup principles and practices to reduce the overall net environmental footprint of hazardous waste site cleanup response actions implemented under the Massachusetts Contingency Plan (MCP).

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November's Monthly Compliance Tip

The LSPA presented the following compliance tip at the November Membership Meeting at the DoubleTree Hotel in Westborough, MA on November 14, 2017.  

If a “Potentially Responsible Party” is asked to undertake additional work as a result of a Notice of Audit Findings or any audit followup plan under the MCP, a BWSC111 form (also called Form 111) is required to be filed.  

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