Volume 17/Issue 6 December 2010 |
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What's Going On...
President's Message
December 2010 |
In my message in the September Newsletter, I alluded to a wide range of regulatory, technical, and administrative issues in which the LSPA Board of Directors is involved. I also speculated that to some (perhaps large) portion of the membership, the operation of the Association might seem to be a distant and automatic process that is all routine. Nothing could be further from the truth. What is routine is that we are always working on a variety of issues important either to the function of the organization, or to the practice.
In the former category is our ongoing search for a new Executive Director for the Association, which has occupied a significant portion of the Board of Directors' time. Kerry Tull has done a great job of leading and directing the selection process and keeping it on track, and we expect to choose a new Director in the first quarter of 2011. This will allow the new Director to overlap with Wes Stimpson, and to come up to speed prior to Wes' departure in the summer. We hope, nonetheless, to be able to tap Wes' knowledge and experience even after he steps down, if particularly thorny issues arise.
There has also been comment from the general membership, as well as the Association governance, that a review of the by-laws is overdue. The Past Presidents Council has graciously and energetically taken on this task, and has already completed its review. We anticipate having recommendations for changes in several areas, and clarification of the process by which the organization functions. Once the suggested revisions are reviewed by the Board, those changes approved by the Board will be presented to the membership for review; we anticipate that this will happen this spring, with the membership vote on the changes to be taken at the annual meeting in June.
The LSPA Board has also updated the LSPA's 3-year Strategic Plan to reflect the fact that we have completed some of the goals we set for ourselves three years ago, and to add or expand on goals that present ongoing challenges. As an example, a goal that has been given new emphasis involves examining and finding ways to improve the process by which complaints filed against LSPs are handled by the Licensing Board. While it remains the Association's policy not to involve itself in individual complaints, it will take up issues that emerge from the complaint process that are important to LSPs as a group, and will work to find solutions.
The LSPA Board is also evaluating the feasibility of providing some portion of its continuing education program on-line. As many of you are aware, a significant portion of the Association's annual operating revenue (currently, about two thirds) is derived from continuing education programming, and on-line training would allow the Association to provide that programming to larger groups over a wider area more efficiently (hopefully reducing the frequency with which certain courses book full in a matter of minutes, for example). While on-line training involves some hurdles, such as verification that it is the LSP who is on line, and that the LSP has actually learned something from the on-line presentation, this approach is the 'wave of the future', and it is essential to maintaining the Association's ability to fund its other initiatives and support its membership.
On the operational front, it has been recognized that the Association's web page is not as user friendly as it could be (for finding member information, for example), and we are in the process of identifying people who have the knack for web page design in hopes of creating a more intuitive format. This will in turn lead to our ability to make more resources available, and to make what is already available more evident. Along those lines, note that all or portions of the membership list are now printable - if you are like me, and find it faster and easier to grab a directory off the bookshelf than to boot up your computer, you can now make yourself a hard copy.
On the practice front, members of the Board recently met with MassDEP senior staff to discuss issues of particular concern to all of us. Among the issues discussed was the status of the various work groups (Indoor Air, Feasibility, NAPL, AULs, etc.). While work group progress has slowed, in part as the result of budget and staff cuts within the Department, MassDEP remains committed to releasing a new draft Indoor Air policy very shortly, if it is not already out by the time you read this. There will be a lot of substance in this draft, and the comment period is likely to overlap the holidays, so it is important for the regulated community to begin the review process early, to allow time for the preparation and submittal of comments. The LSPA Technical Practices Committee will be soliciting comments, and will tabulate and summarize those comments to present to MassDEP as an organized response from the Association. We hope that you will provide your thoughts to the Technical Practices Committee (Kevin Beaulieu kevin@wave2inc.com, Chair).
The Department anticipates releasing a draft revised guidance on preparing AULs in conjunction with the Indoor Air guidance. Some changes to the AUL guidance will be made to make that guidance consistent with the relevant portion of the Indoor Air guidance. Beyond that, however, the new AUL guidance reportedly will not include major changes to the existing guidance, but is intended to clarify existing procedures. Once this effort is finalized, however, it has been the Department's intent (subject to available resources) to convene a work group involving external stakeholders to review common AUL restrictions that might benefit from "example" phrasing.
The Association Board, through the Loss Prevention Committee, has also developed an understanding with MassDEP that we will periodically prepare and submit to the Department Q&As concerning the Department's regulations, policy, and guidance, and that the Department will review and edit them as necessary, and publish them along with the Department's own Q&As. The Department has said that it will soon turn around a set of LSPA Q&As previously submitted, and the Loss Prevention Committee has an ongoing compilation of a new (third) set. If you have or have had a question about an MCP issue for which you have obtained an answer through conversation with DEP staff, or communication through the "regs" email Bwsc.Regulations@state.ma.us, you are encouraged to send the pertinent information (or even write it up as a Q&A yourself and send it ) to Jeanine Grachuk (Loss Prevention Chair - JGrachuk@bdlaw.com).
Loss Prevention has also begun to look at last fiscal year's Notices of Audit Findings (NOAFs) from MassDEP, and despite the maturity of the LSP practice, and the continuing education seminars on conceptual site modeling, a frequent problem identified in the NOAFs with MCP deliverables (particularly Phase II CSAs) continues to be inadequate documentation of the extent of contamination. In an effort to better understand why this continues to be an issue, the Association is going to solicit first-hand experience from the membership, and we would appreciate your input. Please watch your email for the opportunity to provide feedback.
As always, I encourage you to get involved with one of the LSPA Committees, especially if any of the issues above is of interest. Also, an administrative reminder - LSPA membership renewal notices have been emailed, and the absolute deadline for renewal is January 1, 2011. Since implementation of electronic registration last year, the Association has implemented a policy that memberships will lapse automatically on the deadline, so it's important that you register on time to maintain access to the web site, the newsletter, announcements, and reduced rates for continuing education seminars.
Finally, no December missive would be complete without best wishes for the holiday season - the LSPA hopes that you have a safe, prosperous, and happy holiday, and that you come back in the New Year with renewed energy and hope. Best of the Season to All! James Young is a Senior Manager at ENVIRON International Corporation and can be reached at jyoung@environcorp.com
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A Time for Giving Thanks from the LSP Association Scholarship Fund by Charles Myette, President, LSP Association Scholarship Fund | |
This is the time of the year that we give thanks for what we have received. The LSP Association Scholarship Fund is blessed by the generosity of our members and sponsors for the donations that keep the "Fund" going. On behalf of the Fund, thank you to all of you who have donated time and money for the benefit of the Fund.
From time to time I am asked about the Fund. What is our mission, how are scholarships awarded, and how is it different from the LSP Association?
First of all, the Fund would not exist without the LSP Association. In 2003 the concept of providing financial assistance to prospective students interested in pursuing careers in the fields of science, ideally those fields consistent with the mission of the LSPA, emerged. For the first few years scholarships were awarded through the LSPA. In 2006, the LSP Association supported the creation of the non-profit LSP Association Scholarship Fund, Inc. The LSP Scholarship Fund was established as a separate corporation with a board of directors separate from and independent of the LSPA Board of Directors.
The overarching purpose of the Fund is to support continued education in the environmental field. Our scholarships are intended to assist students pursuing advanced studies in science consistent with those fields necessary for licensure as a Massachusetts Licensed Site Professional, or in related professions within the environmental industry which support the LSP profession. The formation of the Fund established a separate non-profit corporation, allowing individuals to make tax-deductible contributions and creating the opportunity for fund raising and awards for other activities such as research grants.
The Fund is directed by three volunteers who comprise the Fund's Board of Directors: myself as president, Bill Betters as treasurer, and Elliot Steinberg as recording secretary. It is the three of us, through the administrative support provided by Virtual, that solicit, review and select qualified applicants for the scholarships.
Scholarships are available to LSP Association members and members of their immediate families enrolled in a degree program at an accredited New England college or university, as well as to other qualified Massachusetts residents who are enrolled in a public or private Massachusetts college or university pursuing a major that is consistent with becoming an LSP or Environmental Professional. The number and amount of the scholarships may vary somewhat as they are dependent upon Fund revenues. The goal of the program is to provide at least two $5,000 scholarships each year to qualified individuals. To that end, the LSPA has supported the program by generally contributing $10,000 annually, supplementing other revenue received from individual contributors.
One scholarship is named in honor of the late Jeffery M. Hardin. The Jeffrey M. Hardin Scholarship, established in 2007, honors Jeff's outstanding contribution to the profession and to the LSPA, as both a founding director and past president. It is awarded to an LSPA member or member of his or her immediate family enrolled in a degree program at an accredited New EnglandCollege or University.
This year the LSP Association created another named scholarship that will be administered by the Fund. The Wesley E. Stimpson Scholarship acknowledges the invaluable contributions made to the LSP Association and to the practice by our outgoing Executive Director, and also past president, Wes Stimpson. Wes will be working with the Fund Directors to develop the criteria for the award of this scholarship over the next few months.
Although the Fund is a separate corporation, our process for solicitation and award is objective and straightforward, and is supported by the LSPA Board of Directors. Each year the Scholarship Fund solicits applications through advertisement on the LSPA website, via various scholarship outlets such as fastweb.com, in the LSPA newsletter, at the monthly meetings, and by word-of-mouth. The Fund receives typically one to two dozen applicants annually, which are reviewed by the Fund Directors. While the process itself is open, because financial information is requested the applications are kept strictly confidential, and viewing is limited to the administrative receipt by Virtual, Inc., and the three Directors of the scholarship fund. These records are maintained secure and, once the scholarships for the year have been awarded, are destroyed according to Fund policy.
The Fund Board has developed selection criteria and a standardized review process in order to provide the diligence necessary to make decisions based on objective and consistent comparisons. Some of the key criteria used (in no particular order of importance) are:
ü Application completeness,
ü Attendance at a qualified institution,
ü Qualified residency,
ü Qualified member relationship,
ü Applicability/field of study,
ü Career objectives,
ü Academic achievements (such as GPA and course selection),
ü Financial need,
ü Responses to essay questions,
ü Relevant extra-curricular or non-academic achievements, and
ü References and recommendations.
After the initial review of applications relative to each other and the criteria, the applicant pool is reduced to a short list of two or more candidates for each available scholarship. Each of the applications not initially recommended for further consideration is reviewed again by each Board member to confirm that no application was inadvertently rejected without unanimous agreement.
Each of the short-listed candidates is reviewed again against the criteria and remaining applicants and the Board ranks and selects the top two potential candidates. Once selected, the remaining short-list candidates are reviewed yet again to confirm that no one was rejected in a manner inconsistent with the proper application of the selection criteria. In the end, this process has consistently produced two or three individuals who have emerged as being significantly higher ranked than the balance of the candidates. Once the potential recipients are selected by the Fund Board, a letter of recommendation is sent to the LSPA Board for approval and acceptance.
Given the relatively small size of the LSP Association, the scholarships awarded are substantial and do serve to ease the burden of education costs. The generous stipend donations from numerous training seminar speakers and sponsors of LSPA and LSPA events as well as the generosity of LSPA members at the LSPA Annual Dinner fundraising events, help make these scholarships possible, and we are ever so grateful to each of you for the aid you provide.
For the Fund Directors and other volunteers, the reward is the ability to give back in a manner that positively influences and promotes the future of our profession. Since 2003 we have awarded 16 scholarships totaling more than $75,000. The recipients have been elated with their awards and periodically touch base to reaffirm their appreciation of the monies and offer an update on where they are with their education.
The Fund Directors hope that the LSP Association and our professional community will continue to support this worthwhile endeavor and assist us in getting the word out about its availability. Please tell your friends and associates about this opportunity to potentially receive a scholarship, or to become involved in the program and continue to develop our legacy one scholar at a time. If you wish to donate directly to the Fund or want to become more involved, please contact Bill, Elliot or myself.
For more information, please click here.
Chuck Myette is Vice President of Brown & Caldwell and can be reached at cmyette@brwncald.com.
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2010 LSPA Annual Dinner Update
by Jon Kitchen, Member Services & Program Committee | |
The LSPA Annual dinner event was held on October 14, 2010. The LSPA President, Jim Young, recognized all of the members and sponsors who have contributed to the success of the organization including, among others, the immediate past-president Andy Irwin. Mr. Irwin in turn thanked many individuals for their support throughout this term, and reflected on changes in the organization over the past several years.
The LSPA Board recognized the following winners of the "Contribution to the Practice" Awards for 2010: Client Award: City of Worcester Member Award: J. Andrew Irwin Regulator Award: Gerard Martin On behalf of the LSPA Board, Duff Collins recapped some of the many contributions and achievements of retiring Executive Director Wes Stimpson. He also announced that an LSPA scholarship for environmental excellence would be named for Wes. The Silent Auction was successful in raising over $2,000 for the LSPA Scholarship Fund. We extend a big thank-you to the Donors listed below for their contributions that helped the association build a sustainable scholarship fund while our members won great prizes! | Winner | Donor / Item | | Mark Zork | Jim Kinch, Alpha Analytical - Boston Bruins Tickets | | Peter King | Kim Henry, AMEC - Painting by Kim Henry | | Wes Stimpson | Bill Betters, Green Environmental - Fishing Trip | | Kathleen Campbell | Larry Feldman, GZA - Golf Equipment | | Susan Chapnick | Norfolk Ram Group - Boston Celtics Tickets | | Will Caldicott | Michael Perdinock, Lightship - Fishing Trip | | Susan Chapnick | Carol Bois, Bois Consulting - Wine Gift Basket | | Sue Courtemanche | Jon Alplanalp, Resource Options - Boston Bruins Tickets | | Dot McGlincy | Ray Leather, Cumberland Farms - $100 Cumberland Gift Card | | Susan Chapnick | Cosmo Gallinaro, Common Sense Environmental - Sailing Trip | | David Bennett | LSPA- UMass Soils Conference Registration | | Gregg McBride | Pete Long, EQ - The Environmental Quality Co. - Golf Clothing | | Steve Boynton | LSPA- 8 hr Continuing Ed. Course | | Steve Boynton | LSPA- 4 hr Continuing Ed. Course | | J. Andrew Irwin | Will Caldicott, ISOTECH - Bottle of Scotch | | Duff Collins | Jarrod Polidori, US Environmental - Celtics Tickets | | Steve Boynton | Eric Wood, Roux Associates - Golf Club | | Dot McGlincy | Craig Blake, Woodard & Curran - Night at the Movies | | J. Andrew Irwin | Jon Nash, Newstream - Fishing Trip | | Steve Boynton | J. Andrew Irwin, Irwin Engineers - Bottle of Scotch with Set of LSPA Glasses |
Jon Kitchen is an Associate with Norfolk Ram Group, LLC and can be reached at jkitchen@norfolkram.com. Back to Top |
Technical Practices Corner: Inorganic Methods
by Jim Occhialini, Technical Practices Committee | |
There are a couple of changes in the new CAM revisions to the inorganics methods that LSPs need to be aware of. The prior inorganic CAM methods did not have a sample matrix-specific measure of accuracy similar to the role the surrogate spike serves with organics methods. To correct this deficiency, which is only applicable to soils, LSPs are required to specify one of the samples they submit for metals or cyanide analysis to be used for a matrix spike at a frequency of 1 per 20 samples. This 1 per 20 frequency can be spread over multiple sample submissions.
It should also be noted that the hexavalent chromium method for soil sample analysis has been revised to require a separate container to be submitted, filled to the top and left unopened until analysis at the laboratory, to best preserve the redox conditions present at the time of sampling. Also, soil samples submitted for hexavalent chromium analysis must also be analyzed for pH and ORP within 24 hours. This will require those LSPs utilizing a strategy of analyzing soils for total chromium first and then only analyzing hexavalent chromium based on the total results to include an extra container and analyze for pH and ORP, even if hexavalent chromium is subsequently not analyzed. In addition, both a soluble and insoluble matrix spike must be performed for hexavalent chromium analysis of soils.
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Technical Practices Corner: PIDs Just Not Up to Their Potential
by J.Andrew Irwin, Member Services & Program Committee | |
How old is your PID? Does it still calibrate with isobutylene? This is a note that calibration with isobutylene does not mean that your PID is going to always detect the compounds it is reportedly capable of detecting, especially chlorinated volatile organic compounds (CVOCs). While PIDs with 10.6eV lamps will detect CVOCs, the response factors for CVOCs are already much lower than those for aromatic compounds. Recent personal experience has brought home the reminder that PID lamps will age and lose the power intensity necessary to ionize CVOCs even though calibration using isobutylene will be spot on.
So how can you make sure your PID is up to the task? Having a calibration CVOC gas standard is appropriately scientific and may better detect response degradation over time. However, good rules of thumb are to have the PID unit maintained annually and to change the PID lamps at least once every 5 years so that sensitivity degradation does not pose a problem.
J. Anderw Irwin, PE, LSP is President of IRWIN Engineers, Inc. and past president of the LSPA. He can be reached at airwin@irwinengineers.com
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Provisions of the Economic Development Reorganization Act: Pertinent to the LSP Association
by Warren Kirshenbaum, Regulations Committee |
On August 5, 2010, Governor Deval Patrick signed into law Senate Bill No. 2582, entitled "An Act Relative to Economic Development Reorganization," (the "Act") which days earlier had been unanimously enacted by both the House and the Senate. The Act was originally introduced to the Senate and the House of Representatives by the Joint Committee on Economic Development and Emerging Technologies, chaired by Senator Karen Spilka and House Representative Brian Dempsey. Separate versions of the Act had emerged from each branch of the legislature; the two versions were then reconciled in a joint conference committee consisting of Senators Karen Spilka (D) Ashland, Bruce Tarr (R) Gloucester, Benjamin Downing (D) Pittsfield, and Representatives Brian Dempsey (D) Haverhill, Garrett Bradley (D) Hingham, and Viriato deMacedo (R) Plymouth.
The Governor, in signing the Act, acknowledged that it is an important piece of legislation, as it provides for job growth and business-friendly initiatives throughout the Commonwealth. Although the Governor vetoed several provisions that dealt with item-pricing exemptions for warehouse clubs and other retailers, the Act as passed provides numerous business-friendly initiatives. The Act also allowed a two year extension on most local and state construction permits that were granted, issued, or approved between August 15, 2008 and August 15, 2010. Most permits related to state and local real estate development are included, except for comprehensive permits issued under the Affordable Housing Program (Mass. General Laws Ch. 40B), which itself is a statutory provision that survived repeal in the recent election cycle.
The section of the Act most pertinent to the LSP Association is the two-year extension of the Brownfields Tax Credit, contained in M.G.L. Chapter 63 §38Q (the "BTC"), which was set to expire in 2011. The LSP Association had engaged in a grassroots campaign to ensure that, in securing passage of the Act, the BTC program was extended from 2011 to 2013. Several LSP Association members were instrumental in contacting the legislators listed above in order to achieve these LSP Association objectives.
The BTC is available to certain taxpayers in Economically Distressed Areas who were not a generator of environmental contamination, yet have, in compliance with M.G.L Ch. 21E and the Massachusetts Contingency Plan, commenced and diligently pursued to completion a response action and maintained a permanent solution or remedy operation status. Once the cleanup is completed, the BTC provides for a tax credit of either 25% (for a site closed with an AUL or with ROS status) or 50% (for a site closed without the need for an AUL) of the eligible costs incurred to clean up the site. The owner can then monetize the credits by transfer to a buyer, as the BTC Program allows a direct or dollar-for-dollar credit against a taxpayer's tax liability to the Commonwealth. The tax credits may be used all at once in a given tax year to offer up to 50% of a taxpayer's liability, or the buyer can use as much as it can in the current year and then carry excess credits over to a subsequent tax year for a period of up to five (5) years. Because the tax credits are certificated (as opposed to other tax credits where a buyer needs to be part of the ownership entity), they are attractive to buyers and may be transferred by application to the Mass. Department of Revenue (DOR).
The BTC offers the Commonwealth the ability to encourage development of contaminated sites that might otherwise remain undeveloped, thereby creating a property tax paying owner. Concurrently, the BTC provides financial support to property owners who may have expended precious equity, or incurred high levels of debt, as a direct result of the costs related to the remediation of contaminated property. As this in turn can affect the pro-forma development cost estimations, in certain circumstances it could be a turning point in deciding whether to undertake a project, or whether it is financeable by lenders or investors.
LSPs should continue to recommend, or if they do not do so already, should start recommending the BTC Program to their clients. Applying for and securing a BTC can provide much added value to property owners, allowing them to continue to undertake necessary cleanups, property rehabilitations, and development while recouping some of their very significant remediation expenditures.
Warren Kirshenbaum is President of Cherrytree Group LLC and can be reached at wkirshenbaum@oarlawyers.com.
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Notice of Audit Findings 2009 Review
by Paul McKinlay, Loss Prevention Committee | |
The Loss Prevention Committee (LPC) recently completed its review of all Notice of Audit Findings (NOAFs) issued by the Massachusetts Department of Environmental Protection (MassDEP) during its fiscal year 2009 (July 1, 2008 to June 30, 2009). An annual review of all NOAFs issued during the prior fiscal year is one of the LPC's primary goals. This article describes the results of that review.
In reviewing the NOAFs, the goal of the LPC is to identify and report to the LSPA community trends in enforcement and emerging practice issues affecting LSPs, regional trends in enforcement or regional inconsistencies, and common mistakes or deficiencies in LSP submittals. In addition, the LPC compiles basic statistics, describes trends in LSP and MassDEP performance, and identifies topics where additional information or clarification could be of value to LSPs.
Previous Targeted Data Analyses
Since 2007, the LPC has performed targeted searches of the NOAF database, which has allowed the LPC to focus its efforts on further exploring current practice issues and tracking common audit findings. Typical categories selected for annual review since 2007 include:
- Activity and Use Limitations (AULs);
- Indoor Air;
- Downgradient Property Status (DPS);
- Remedy Operation Status (ROS);
- Response Action Performance Standards (RAPs); and,
- Adequate Site Characterization.
The LPC will continue to perform targeted annual reviews of the NOAF's for these categories or add additional practice issues for review as they emerge. Based on the annual NOAF review, for the past three years the LPC has selected a topic for more in depth review. A review of NOAFs issued in fiscal year 2007 resulted in the LPC undertaking a comprehensive look at AULs, culminating in a
presentation at the May 2008 membership meeting regarding common mistakes and findings identified by MassDEP. Due to MassDEP's focus on Indoor Air, the LPC targeted its fiscal year 2008 NOAF review on this topic, culminating in a presentation at the May 2009 meeting and an associated article. For FY2009, the LPC focused on DPS, with results presented during the March 2010 membership meeting and in an associated article.
2009 NOAF Review
During MassDEP's fiscal year 2009 (July 1, 2008 to June 30, 2009), approximately 556 NOAFs were issued by MassDEP. A breakdown of the NOAFsby MassDEP region is as follows:

Activity and Use Limitations (AULs)
During MassDEP's fiscal year 2009, 256 AULs were audited. Of these, 54 NONs were issued. Deficiencies noted in the NONs included:
· The title holder did not maintain the terms of the AUL;
· The AUL was not properly identified in property transfers;
· Lease agreements did not incorporate the terms of an AUL;
· Potentially Responsible Parties (PRPs) did not inform new owners or other
parties of AUL requirements or revisions;
· There were issues with the filing or recording of the AUL at the Registry or
Land Court (depending on property);
· The term "engineered barrier" was used inappropriately;
· Residential/day care language was improperly not included in AULs;
· A sketch plan of the AUL area was not included or was not of sufficient
detail; and,
· Gender-specific restrictions were included; these are not acceptable.
The 54 violations out of 256 audits (21%) in 2009 NOAFs reviewed represents an improvement from the 2007 NOAFs, when approximately 60% of AUL audits resulted in NONs.
Indoor Air
A search of MassDEP's fiscal year 2009 NOAFs for "Indoor Air" as a key word revealed 36 hits. A further review indicated that NONs were issued to 27 (or 75%) of these audited submittals. The submittals audited included 29 Response Action Outcomes (80%), six Phase reports (17%), and one DPS (3%). Contaminants of concern were primarily chlorinated volatile organic compounds (64%). The bulk of the concerns cited included 22 NONs for Nature and Extent (61%); specific deficiencies noted include:
· Disposal Site boundaries and extent of groundwater impacts not fully delineated;
· Indoor air sampling not conducted when elevated groundwater concentrations were present;
· Performance of Sub Slab Depressurization System (SSDSs) not verified;
· Critical Exposure Pathways (CEPs) or preferential pathways not identified or evaluated; and,
· Soil gas data collected from outside building foundations.
Downgradient Property Status (DPS)
The LPC selected DPS as an area of interest in 2009 to help LSPs avoid common mistakes in preparing this submittal. According to MassDEP, all submitted DPS Opinions undergo a Level 1 audit. In one region each DPS Opinion also undergoes a Level II audit (site inspection). Based on the results of the initial audit, a site may be flagged for a Level III audit.
As noted in this year's article/presentation, MassDEP reported that over 1,000 DPS submittals had been filed by LSPs through calendar year 2009. During MassDEP's 2009 fiscal year, MassDEP issued eight NOAFs as a result of reviews of DPS submittals for distinct downgradient properties. In two cases, MassDEP concluded the filing was consistent with the MCP. In the remaining six cases, MassDEP issued NONs and required additional field work. Refer to the LPCs March 2010 presentation/article "The Promise and Pitfalls of DPS" for more specifics on DPS.
In summary, the LPC continues to review NOAFs prepared by MassDEP as a way to identify areas where LSPs can improve their performance and avoid negative audit findings or NONs for their clients. The NOAFs are a valuable tool for tracking MassDEP's auditing efforts and identifying common deficiencies that LSPs should be aware of in their daily practice.
LSPs who would like to be involved in the annual NOAF review are welcome to participate and can contact any LPC representative for more information.
Paul McKinlay is Director of Oil and Hazardous Materials at VHB/Vanasse Hangen Brustlin, Inc. and can be reached at pmckinlay@vhb.com.
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