Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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NEW REGULATORY DEVELOPMENTS

Federal

  • Release of Risk and Exposure Assessment for the Review of the Primary National Ambient Air Quality Standards for Nitrogen Dioxide
    EPA is currently reviewing the primary National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2).  In connection with this review, EPA will make available for public review and comment the document titled “Review of the Primary National Ambient Air Quality Standards for Nitrogen Dioxide: Risk and Exposure Assessment Planning Document” (the “REA Planning Document”).  This REA Planning Document considers the degree to which important uncertainties identified in quantitative analyses from previous reviews have been addressed by newly available scientific evidence, tools, or information, including those in the second draft ISA.  Based on these considerations, the document reaches preliminary conclusions on the extent to which updated quantitative analyses of exposures or health risks are warranted in the current review.  For updated analyses that are supported, this planning document presents anticipated approaches to conducting such analyses and, where appropriate, preliminary results.  Click here for a link to the document available on the EPA’s Technology Transfer Network website.  Comments are due July 3, 2015.
  • Air Quality Implementation Plans; New Hampshire; Nonattainment New Source Review and Prevention of Significant Deterioration Program, 40 C.F.R. Part 52
    EPA is proposing to conditionally approve New Hampshire’s 2012 State Implementation Plan revisions that are intended to ensure that the State’s Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs are consistent with the federal PSD and NNSR program requirements.  New Hampshire has committed to revising its regulations no later than one year from the date when EPA publishes a notice of final conditional approval.  EPA is also proposing to approve a July 1, 2003 SIP revision that clarifies two definitions related to New Hampshire’s permitting programs.  Comments were due May 26, 2015.
  • Lead; Renovation, Repair and Painting Program; Lead Test Kit Stakeholder Meeting, 40 C.F.R. Part 745
    EPA announced a public meeting to discuss the Lead Renovation, Repair and Painting (RRP) rule, which was published on April 22, 2008, and established performance recognition criteria for lead test kits for use as an option to determine if regulated lead-based paint is not present in target housing and child-occupied facilities.  The RRP rule also established negative-response and positive response criteria outlined in the CFR for lead test kits recognized by EPA.  At the public meeting, EPA will seek information related to (1) the existing market for lead test kits as referenced in the 2008 RRP rule; (2) the development or modification of lead test kit(s) that may meet EPA’s positive-response criterion (in addition to the negative response criterion); and (3) other alternatives for lead-based paint field testing.  The public meeting will be held on June 4, 2015, in Washington, DC.

Maine

  • Announcement of Public Hearing – Rule Concerning the Processing of Applications and Other Administrative Matters, DEP Ch. 2
    On February 18, 2015, DEP proposed amendments to its Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters, that will facilitate the electronic submission of applications, appeals and petitions, and eliminate the requirement to submit an original paper document within five working days of an electronic submission. DEP subsequently proposed additional revisions to clarify the transfer of ownership definition in this rule, and allow for a more complete assessment of both the financial and technical capacity of a prospective licensee, before any license for a hazardous waste facility, solid waste disposal facility, waste oil facility, and biomedical waste facility license is transferred.  Comments on the proposed amendments were due June 1, 2015.

New Hampshire

  • State Water Pollution Control Revolving Loan Fund, Env-Wq 500
    DES is proposing to readopt and amend its rules in ENV-Wq 500 that establish the procedures and criteria for financial assistance from the state water pollution control revolving fund (clean water state revolving fund, or CWSRF), (b) the requirements for completing projects for which financial assistance from CWSRF is received, and (c) the process for establishing repayment requirements for the financial assistance received.  As part of the readoption, DES is proposing amendments to, among other things, make minor clarifications and move definitions, and incorporate the requirements for procuring consulting engineering services for contracting for construction that previously were contained in Env-Wq 600.  A public hearing is scheduled for June 4, 2015, and comments are due June 12, 2015.

Massachusetts

Nothing to report.

STATUS OF PREVIOUSLY REPORTED RULES

COMPLIANCE DEADLINES

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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