NEW REGULATORY DEVELOPMENTS

Federal

• Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and Wildlife
  The U.S. Fish and Wildlife Service (USFWS) has received an application from the Massachusetts Division of Fisheries and Wildlife (MADFW) for an incidental take permit under the federal Endangered Species Act (ESA).  USFWS is considering issuing a 25-year permit to the applicant that would authorize take of the federally-threatened piping plover incidental to recreational activities and beach operations on piping plover breeding beaches in Massachusetts.  As required under the ESA and the National Environmental Policy Act, USFWS is announcing the availability of the MADFW’s incidental take permit application and draft habitat conservation plan, as well as USFWS’s draft environmental assessment, for public review and comment.  Comments are due February 22, 2016.
• Protection of Stratospheric Ozone: Revisions to Reporting and Recordkeeping for Imports and Exports, 40 C.F.R. Part 82
  EPA issued a direct final rule to make minor edits to the stratospheric protection regulations to facilitate the implementation the International Trade Data System.  This system allows businesses to transmit the transactional data required by multiple federal agencies for the import and export of cargo through a single window.  To facilitate this transition, the rule removes the requirement that the petition for used ozone-depleting substances accompany the shipment through U.S. customs and removes references to customs forms that are obsolete under the new system.  The rule takes effect May 9, 2016, unless EPA receives adverse comment by March 10, 2016.
• Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides, 40 C.F.R. Part 97
  EPA is providing notice of emission allowance allocations to certain units under the new unit set-aside provisions of the Cross-State Air Pollution Rule.  EPA promised to record the allocation allowances in sources’ Allowance Management System accounts by February 15, 2016.
• 2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule, 40 C.F.R. Part 98
  EPA is proposing to amend certain provisions of the Greenhouse Gas Reporting Rule.  According to EPA, these revisions will streamline and improve implementation of the rule, improve the quality and consistency of the data collected under the rule, and clarify or provide minor updates to certain provisions that have been the subject of questions from reporting entities.  This rulemaking also proposes confidentiality determinations for reporting of certain data elements to the program.  Comments are due February 29, 2016.
• Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act, 40 C.F.R. Part 130
  EPA is proposing to establish regulatory procedures by which eligible federally-recognized Indian tribes may obtain treatment in a manner similar to states for purposes of Section 303(d) of the Clean Water Act.  The proposed rule would enable eligible tribes to obtain authority to identify impaired waters on their reservations and to establish total daily maximum loads (TMDLs), which serve as plans for attaining and maintaining applicable water quality standards.  Comments are due March 21, 2016.

Maine

• Nothing to report.

Massachusetts

• Nothing to report.

New Hampshire

• Municipal Waste Combustion, DES Env-A 3300
  DES is proposing to readopt and amend its rules for the operating and performance standards for existing municipal waste combustion (MWC) units with a combustion capacity of greater than 35 tons per day of solid waste.  Amendments are being proposed to reflect anticipated changes in emissions limits for small MWC and to clarify a number of existing rules.  As part of the amendments, DES is proposing to incorporate by reference the emission limits contained in RSA 125-C:10-a.  A public hearing is scheduled for March 3, 2016, and comments are due March 11, 2016.
• Subdivisions; Individual Sewage Disposal Systems, DES Env-Wq 1000
  DES is proposing to readopt and amend its rules related to subdivisions and septic systems.  Revisions are being proposed to clarify existing requirements, reflect statutory changes made since the rules were last amended, adjust definitions, and realign the rules in Env-Wq 1003 and Env-Wq 1004 to better separate those that relate more directly to applying for an approval from those that do not and to eliminate redundant requirements.  Numerous changes to existing requirements and several new requirements are being proposed.  A public hearing is scheduled for March 8, 2016, and comments are due March 25, 2016.  In addition, public information sessions will be held on March 4, 7, and 9, 2016.

STATUS OF PREVIOUSLY REPORTED RULES

COMPLIANCE DEADLINES

SPEAKING ENGAGEMENT

• On January 20, Bill Taylor spoke at the Maine Joint Environmental Training Coordinating Committee’s Management Candidate School on Rules, Regulations & Relationship Building.  Bill discussed the Clean Water Act and water law.