Kenneth Gray

Kenneth Gray

Pierce Atwood LLP

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Maine DEP Proposes Hazardous Waste Rule Changes

Last week, the Maine Department of Environmental Protection (“DEP”) announced a proposal to amend its Hazardous Waste rules to allow certain paints to be managed as universal waste. While the proposed rules may appear...more

9/25/2014 - Amended Regulation Hazardous Substances Public Meetings Recycling Waste Waste Disposal

Changes To The Massachusetts Contingency Plan Could Affect Your Cleanup

After a long rulemaking with many hundreds of comments, the Massachusetts Department of Environmental Protection (MassDEP) has just adopted major updates to the state’s cleanup program, known as the Massachusetts Contingency...more

5/12/2014 - Environmental Site Assessment MassDEP Public Comment Rulemaking Process

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

2/4/2014 - Contamination Department of Environmental Protection EPA Hazardous Substances Preemption Solvents Waste

EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment...more

1/6/2014 - ASTM CERCLA Contaminated Properties Environmental Assessments EPA Land Developers Superfund

New ASTM Environmental Site Assessment Standard

Many are familiar with the “Phase I Environmental Site Assessment Standard” issued by ASTM, used for satisfying “All Appropriate Inquiry” for environmental contamination. Last week, ASTM issued a revised standard, Phase I...more

11/13/2013 - ASTM Environmental Assessments Environmental Policies EPA

OSHA HazCom December 1 Deadline

Will you have completed training? And, are you ready for the “Ripple Effect?” - By now, most companies are aware that the OSHA Hazard Communication (HazCom) standard was changed in 2012, and that the first compliance...more

9/30/2013 - Compliance Deadlines Hazardous Communication Standard OSHA Training

MEDEP Approves Weekly Hazardous Waste Inspection, Aligns Hazardous Matter Reporting Rules

On August 20, 2013, the Maine Department of Environmental Protection (DEP) approved important changes to simplify hazardous waste compliance and reporting. Adopting proposals from earlier this summer that the business...more

8/26/2013 - Environmental Policies Environmental Protection Authority Hazardous Substances Reporting Requirements

New Paint Collection Program Enacted In Maine, Effective In 2015

Joining a growing list of western and New England states, Maine has just enacted a paint collection program for “post-consumer” paint....more

8/12/2013 - New Legislation Recycling Waste

Your HazMat Is In The Air: When Things Go Wrong

With increased inspections and enforcement, businesses are discovering the hard way that many common materials are “hazardous materials” (“HazMat”) under U.S. DOT rules. ...more

7/4/2013 - Department of Transportation Enforcement Federal Aviation Act FedEx Hazardous Substances Inspections Shipping UPS

Final Remedial Action Guidelines From Maine DEP Published, Including New PCE Cleanup Levels

After several years of formal and informal proposals, the Remedial Action Guidelines (RAGs) have finally been revised, and are now effective, thanks to action by the Maine Department of Environmental Protection (DEP). ...more

6/21/2013 - Contaminated Properties Department of Environmental Protection Hazardous Substances Remedial Actions

MEDEP To Allow Weekly Hazardous Waste Inspection, Align Hazardous Matter Reporting Rules

In a set of proposals just released, the Maine Department of Environmental Protection (DEP) is set to reform its hazardous waste and hazardous matter rules for the first time in years. ...more

6/3/2013 - Department of Environmental Protection Hazardous Substances Investigations Reporting Requirements

Vapor Intrusion -- EPA Offers Guidance For Comment, But Now More Issues Than Ever

After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment. The...more

5/8/2013 - Air Pollution CERCLA Environmental Liability EPA Hazardous Substances OSHA Risk Management

Massachusetts Packaging Plant Pays Nearly $485K Penalty For Environmental Violations

A packaging company in Dudley, MA has agreed to pay $484,900 in penalties to settle EPA claims that the company violated numerous federal and state regulations. The violations occurred at the company’s liquid and aerosol...more

4/17/2013 - Clean Air Act Clean Water Act Environmental Liability EPA EPCRA Hazardous Substances Manufacturing Facilities

Maine DEP Publishes Revised Remedial Action Guidelines On Hazardous Substances For Comment

The Remedial Action Guidelines (RAGs) are useful – if conservative – default cleanup guidelines used by the Maine Department of Environmental Protection (DEP). DEP proposed changes in 2012, and has just proposed changes...more

3/18/2013 - Contamination Department of Environmental Protection Hazardous Substances Remedial Action Guidelines Voluntary Response Action Program

DEP Hazmat Specialist Pleads Guilty To Spill Records Destruction – Implications For Those Affected By Spills

Former HazMat Specialist Jon P. Andrews, assigned to the Augusta Region of the Maine Department of Environmental Protection, has pleaded guilty to destroying three years of spill records on his final day on the job. The...more

3/8/2013 - Department of Environmental Protection Destruction of Evidence Public Records

Should Tenants Worry About Environmental Liabilities For Their Leased Property?

By 2013, most property owners have heard of the advantages of performing environmental due diligence and conducting “All Appropriate Inquiry” by obtaining an Environmental Site Assessment before purchase. Doing so is key to...more

1/23/2013 - Bona Fide Purchaser Commercial Leases Contaminated Properties Environmental Assessments EPA Landlords Superfund Tenants

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