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Maine DEP Plans to Tighten Opacity Standards in Response to EPA SIP Call

You think maintaining compliance with opacity standards is a challenge now – just wait. As anyone who has started a campfire knows, opacity (the density of the smoke) tends to be high when starting and ending fuel burning,...more

EPA Proposes To Tighten MACT Limits For Kraft Mills

On December 14, 2016, EPA signed its proposed Kraft Pulp Residual Risk and Technology Review rule covering 40 C.F.R. Part 63, Subpart MM (a.k.a. “MACT II”) for recovery furnaces, lime kilns and smelt dissolving tanks at kraft...more

Maine DEP's New Multi-Sector General Permit

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

EPA Decides No Additional Regulations Are Needed to Address Stormwater Discharges from Forest Roads Under the Clean Water Act

The Environmental Protection Agency (EPA) has determined that, at this time, no additional regulations are needed to address stormwater discharges from forest roads under Section 402(p)(6) of the Clean Water Act (CWA). The...more

When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be...more

EPA Finalizes Reconsideration of Boiler MACT; Compliance Deadline Approaches

As major sources gear up to meet the January 31, 2016, compliance deadline for the Boiler MACT regulation, EPA has finalized a number of revisions to the rule that might affect your facility’s compliance plans. On November...more

EPA Tightens Ozone Standard…Again

On October 1, 2015, EPA announced that the new National Ambient Air Quality Standards (NAAQS) for ozone would be 70 ppb, a 6.7% reduction of the current 75 ppb standard. On November 25, 2014, EPA had proposed to...more

2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Northern Long-Eared Bat Listed as Threatened Species – Development Projects in Northern New England Could Be Affected

On April 2, 2015, the U.S. Fish and Wildlife Service (Fish & Wildlife) issued a final rule listing the Northern Long-Eared Bat (NLEB) as a threatened species under the Endangered Species Act (ESA). This listing took effect...more

Maine DEP Finalizes Amendments to Revamp Solid Waste Rules

We recently reported on the Maine Department of Environmental Protection’s (DEP) numerous proposed changes to Maine’s solid waste rules. These changes were proposed largely in response to legislation passed during the past...more

Maine Supreme Court Affirms Broad Review Powers for BEP in Clearing Way for Wind Project

The Maine Supreme Judicial Court (the Law Court) recently issued an important decision that confirms the broad authority of the Maine Board of Environmental Protection (BEP) to review decisions of the Commissioner of the...more

Maine Supreme Court Again Declines To Allow Comprehensive Plan to Restrict Development

On October 16, 2014, the Maine Supreme Judicial Court (the Law Court) issued a decision in the case of Remmel v. City of Portland, reversing a finding by the Maine Superior Court that the Portland City Council’s approval of a...more

EPA Approves Maine's NOx Waiver Request – VOC Waiver Request Still Pending

Since the mid-1990s, Maine has had an EPA-approved waiver from the ozone nonattainment new source review (NNSR) requirements for NOx covering, at a minimum, areas of the state that attain the ozone standard. The NOx waiver...more

8/13/2014  /  Environmental Policies , EPA , Waivers

Boiler Owners Must Submit Notification to EPA by July 19, 2014

In December 2012, the U.S. EPA finalized changes to its National Emission Standards for Hazardous Air Pollutants for Area Source Boilers at 40 C.F.R. Part 63, Subpart JJJJJJ. Under this regulation, owners or operators of...more

Surprise -- EPA's Proposed CO2 Control Regulation Would Affect More Than Just Coal Utility Boilers

Anyone who has read the newspaper or watched the news in the past month will know that EPA has proposed a regulation that would require coal-powered plants to reduce greenhouse gas (primarily carbon dioxide (CO2)) emissions. ...more

Boiler Compliance Deadline Has Arrived!

U.S. EPA recently finalized amendments to its rules regulating boilers at small facilities all over the country. The rule, called the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,...more

3/20/2014  /  Air Pollution , Boilers , EPA

Massachusetts Supreme Court Endorses Broad Regulatory Authority Under The Massachusetts Endangered Species Act

On February 18, 2014, the Massachusetts Supreme Judicial Court issued a decision in Pepin v. Division of Fisheries and Wildlife that upheld the Massachusetts Division of Fisheries and Wildlife’s ( “DFW’s”) regulatory scheme...more

New FEMA Flood Zone Maps: Is Your Property About To Be Included In A High Risk Zone?

The Federal Emergency Management Agency (FEMA) is set to finalize new flood zone maps for the coastal areas of New England in the next few weeks. On many of these new maps, coastal flood zones are likely to shift, putting...more

Conservation Groups Petition EPA To Require Stormwater Permits At Existing New England Sites

The Conservation Law Foundation (CLF) and other environmental groups recently filed petitions urging EPA New England, along with other EPA offices in the Mid-Atlantic and Southwest, to use EPA’s Residual Designation Authority...more

7/19/2013  /  Conservation , EPA , Storm Water , Water

DEP Proposes New Requirements For Industrial Solvent Cleaning Activities

On April 17, 2013, DEP posted to public comment proposed changes to its Chapter 130, Solvent Cleaning Regulation. The proposed changes would expand the applicability of the regulation from covering “solvent cleaning...more

First Circuit Sets Low Bar For Clean Water Act Pre-Suit Notice, Making It Easier For Citizen Enforcement Actions To Move Forward

On March 13th, 2013, the United States Court of Appeals for the First Circuit held that pre-suit notice for a citizen enforcement action under the Clean Water Act (“CWA”) does not need to spell out every violation in detail. ...more

3/15/2013  /  Clean Water Act , EPA , Pre-Suit Notice

EPA Finally Amends Its Boiler MACT Regulations And Further Defines Fuels Versus Wastes

Boiler owners beware – EPA has “finalized” its Boiler MACT, GACT, CISWI and NHSM rules and the compliance clocks have begun ticking. EPA expects the rules to affect about 200,000 boilers and that annualized compliance costs...more

2/12/2013  /  Boiler MACT Rule , Compliance , EPA , Waste

EPA Amends Requirements For Stationary Internal Combustion Engines, Including Emergency Generators

On January 30, 2013, EPA published amendments to its regulations at 40 C.F.R. Part 63, Subpart ZZZZ (aka EPA’s RICE Rule) regulating emissions of hazardous air pollutants (HAPs) from reciprocating internal combustion engines...more

Maine DEP Amends Its Air Licensing Regulations

Recently, the Maine DEP adopted amendments to its air licensing regulations, including Chapter 100, Definitions; Chapter 115, Major and Minor Source Air Emission License Regulations; and Chapter 140, Part 70 Air Emission...more

12/12/2012  /  Licenses
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