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  • 31 Jul 2023 11:13 AM | Michael Lazo (Administrator)

    Massachusetts LSPA

    MassDEP leadership has recently shared that they expect the next set of Amendments to the Massachusetts Contingency Plan (MCP), proposed in 2019, to be promulgated soon. In an effort to refresh our collective memories, the LSPA Regulations Committee has prepared this brief, high-level summary of eight key aspects of the proposed MCP regulations. The summary provided below is based on the draft revisions provided in 2019. The LSPA has not seen a more recent draft. The actual contents of the forthcoming MCP revisions are not known.

    Hot Spot and MGP Waste Definitions 

    The 2019 proposed amendments include the addition of Manufactured Gas Plant (MGP) Waste as a defined term. Additionally, the amendments propose modifying the definition of a hot spot to include areas of waste disposal including MGP waste. These proposed changes effectively create a new class of oil and hazardous material (OHM), with concomitant requirements for sampling and risk assessment. 

    EPC Derivations/Calculations

    The 2019 proposed amendments embody more prescriptive requirements for calculating Exposure Point Concentrations (EPCs). Specifically, the use of the arithmetic average will no longer be an acceptable method for estimating the EPC for soil, except in the case of a discrete source of localized contamination. Otherwise, the 95th percentile upper confidence limit must be used. Maximum values could still be used for screening-style assessments

    Additional regulatory requirements may include the use of a systematic sampling approach to obtain a representative data set unless there is technical justification for not doing so. Such justification would have to consider the distribution and variability of the contamination and the size of the area sampled.

    Tier Classification Requirements

    The 2019 proposed amendments provide that Tier Classification Extensions may expire after one year. 

    Post-TS Reporting and Tier Classification Requirements

    In addition to the 5-year periodic evaluation, an annual status report will be required for sites which have achieved a Temporary Solution (TS). Submittal of the annual status report will have the effect of maintaining a Tier Classification Extension. For Sites currently in Temporary Solution, it is unclear when the first annual status report will be due and how PRPs will be notified. 

    Selection of Remedial Action Alternatives (RAAs)

    When a Permanent Solution is not selected as an RAA for the entire disposal site, the evaluation of feasible RAAs must include alternatives to reduce OHM exposure to achieve a Permanent Solution at a portion of the disposal site.

    AEPMM (Active Exposure Pathway Mitigation Measures) Revisions 

    The proposed amendments include expanding definitions to include positive pressurization systems as well as additional requirements for AEPMMs that must be implemented to support a Permanent Solution including minimum monitoring, telemetry, and operational requirements.

    Terminology Conflict: Upper Confidence Limit vs Upper Concentration Limit 

    The proposed amendments include that Upper Concentration Limit will likely be modified to “Method 3 Ceiling Limit” or “Ceiling Limit” for short. 

    Climate Change Provisions

    The proposed amendments reference climate change in the definition of Conceptual Site Model; at 310 CMR 40.1005(1) related to "'Foreseeable Period of Time' for Purposes of a Permanent Solution"; and again at 40.0191: Response Action Performance Standard (RAPS). The assessment of potential climate change impacts are to be based on information available by the state.  

    For those wishing a deeper dive into the proposed regulations, please read the LSPA’s July 19, 2019, cover letter as well as the LSPA’s detailed matrix of comments and suggestions on the full proposed MCP amendments. 

    Once MassDEP releases the next set of MCP Amendments, the LSPA will be providing members with more detailed summaries of key changes, outstanding questions, compliance tips, and other information. Stay tuned!

  • 31 Jul 2023 10:38 AM | Michael Lazo (Administrator)

    Jo Anne Kittrell (

    BOSTON (July 31, 2023) – The U.S. Environmental Protection Agency's (EPA's) New England Region Office is announcing a grant competition for an "Environmental Justice Thriving Communities Technical Assistance Center" (EJ TCTAC).  The agency is offering this funding opportunity of up to $10 million to help communities and other environmental justice stakeholders in the New England states access federal assistance and resources to address environmental and energy justice concerns. EPA Region 1 includes the states of Vermont, New Hampshire, Maine, Massachusetts, Connecticut, and Rhode Island, and 10 Tribes.


  • 25 Jul 2023 10:44 AM | Michael Lazo (Administrator)

    On July 17, the University of Connecticut's Connecticut Institute for Resilience and Climate Adaptation (CIRCA) and the Connecticut Department of Energy and Environmental Protection (DEEP) jointly released a beta version of the state's first environmental justice (EJ) screening tool for public comment. 


  • 14 Jul 2023 11:18 AM | Michael Lazo (Administrator)

    WATCHUNG – Looking to eventually use the former Ness tract for passive recreation, the Borough Council is seeking state approval for the Mountain Boulevard property’s remediation plan.

    The council voted 4-0 on Thursday, July 13 to submit an application to the state Department of Environmental Protection’s (DEP) site remediation program. Council members Freddie Hayeck and Sonia Abi-Habib were absent.

    Borough Administrator James Damato said the application includes an engineering design. “The DEP is reviewing the plan,” he said. “Once approved, we’ll start remediation.”


  • 13 Jul 2023 10:48 AM | Michael Lazo (Administrator)

    Real estate in the world’s superstar cities has not kept up with shifts in behavior caused by the pandemic. The cities’ vibrancy is at risk, and they will have to adapt.


  • 10 Jul 2023 4:51 PM | Michael Lazo (Administrator)


    New Jersey Institute of Technology has been awarded $10 million by the U.S. Environmental Protection Agency (EPA) as part of a $315 million initiative from President Biden’s Investing in America Agenda to expedite the assessment and cleanup of brownfield sites across the country. The funding comes entirely from the historic $1.5 billion investment from Biden’s Bipartisan Infrastructure Law.

    Read more... 

  • 10 Jul 2023 4:39 PM | Michael Lazo (Administrator)

    MEDIA CONTACT: Jamar Thrasher, 717-319-1758,

    Pittsburgh, PA  The Pennsylvania Department of Environmental Protection (DEP) today announced the members of a steering committee who will be tasked with developing a protocol to allocate $5 million in funding for community projects in Beaver County.  


  • 20 Jun 2023 1:41 PM | Anonymous member (Administrator)

    Day Pitney (s) Kirstin M. Etela, Harold M. Blinderman, Max D. Matt

    On June 7, the Connecticut House passed amended Senate Bill (SB) 1147, An Act Concerning the Environmental Justice Program of the State of Connecticut, which repeals and replaces the state's 15-year-old environmental justice law. The bill now awaits Gov. Ned Lamont's signature and, if signed, takes effect on October 1. What do you need to know about the new EJ law and its impact on the permit process?


    Posted June 20, 2023

  • 12 Jun 2023 1:30 PM | Anonymous member (Administrator)

    The RFA is for  nonprofit and other eligible organizations to recruit, train, and retain a local, skilled workforce by prioritizing unemployed and under-employed, including low-income individuals living in areas impacted by solid and hazardous waste in environmental jobs. With this grant program, students learn the skills and credentials needed to secure full-time, sustainable employment in the environmental field, including brownfields assessment and cleanup.

    Communities have the flexibility to deliver eligible training that meets the local labor market demands of the environmental sector in their communities.  Since 1998, EPA has awarded 400 job training grants. With these grants, more than 20,600 individuals have completed training and over 15,300 individuals have been placed in careers related to land remediation and environmental health and safety.  This solicitation is being funded by the Bipartisan Infrastructure Law. EPA anticipates awarding approximately 24 Brownfields Job Training grants at amounts up to $500,000 per award. Applications will be due August 2, 2023.

    Information on the Announcement, the Request for Application (RFA), and the Opportunity Notice on can be found at:

    EPA will host an outreach webinar for prospective applicants on Wednesday June 14, 2023, from 1:00-3:30pm ET. A recording of the webinar will be  available at a later date. To join the webinar, visit  at the time of the event. No registration is required. 

    Posted June 12, 2023

  • 05 Jun 2023 1:01 PM | Anonymous member (Administrator)

    We are sharing information on a recent commentary letter that the NYC Brownfield Partnership sent regarding the New York State's Proposed Bill S5868.

    The NYC Brownfield Partnership serves as a primary resource for information on brownfields and brownfields redevelopment in New York City and beyond. The New York State Brownfield Cleanup Program (BCP) has been instrumental in offering a robust environmental cleanup program by incentivizing private sector remediation and redevelopment efforts.

    However, a challenge has arisen with Proposed Bill S5868. This bill links certain tax credits, site acceptance, and ongoing participation in the BCP to prevailing wage compliance – a link that may have a severe detrimental effect on the functioning of the BCP. We acknowledge the intention behind prevailing wage but question the effectiveness of its inclusion in this bill and believe that reconsideration of this requirement is warranted to ensure alignment with the BCP’s initial legislative goals.

    To better understand our concerns and proposed alternatives, the Partnership offers a detailed commentary on the bill, which is available on our website:

    Please review the commentary to grasp the potential implications and challenges posed by this bill to the BCP and its stakeholders. The Partnership remains committed to excellence in responsible brownfield redevelopment and fostering collaboration among developers, government agencies, and community groups.

    Posted June 5, 2023

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