NEW REGULATORY DEVELOPMENTS

Federal

• Draft Integrated Science Assessment for Oxides of Nitrogen – Health Criteria
  EPA has announced an extension of the public comment period for the second external review draft of a document titled, “Second External Draft Integrated Science Assessment for Oxides and Nitrogen – Health Criteria.”  Comments are now due April 30, 2015.
• Notice of Availability of Draft Scientific Assessment
  EPA is announcing, on behalf of the United States Global Change Research Program, the availability of the “Draft Impacts of Climate Change on Human Health in the United States:  A Scientific Assessment” for a sixty-day public review.  This document responds to a 1990 Congressional mandate to periodically produce National Climate Assessments and to assist the nation in understanding, assessing, predicting, and responding to human-induced and natural processes of global change.  The particular purpose of this document is to provide an estimation of observed and projected climate change related health impacts in the United States.  Comments are due June 8, 2015.
• Fine Particulate Matter NAAQS:  State Implementation Plan Requirements, 40 CFR Parts 50, 51, 93
  EPA is proposing new requirements that state, local and tribal air agencies would have to meet as they implement the current and future national ambient air quality standards for fine particulate matter.  Among other things, this proposed rule clarifies the specific attainment planning requirements that would apply to nonattainment areas based on their classification (moderate or serious), and the process for reclassifying moderate areas to serious.  EPA is also proposing to revoke the 1997 primary annual standards.  A public hearing is scheduled for April 29, 2015, and comments are due May 22, 2015.
• Electronic Reporting and Recordkeeping Requirements for New Source Performance Standards, 40 CFR Part 60
  EPA is proposing to revise its regulations related to new source performance standards to require affected facilities to submit specified air emissions data reports to EPA electronically and to allow affected facilities to maintain electronic records of these reports.  Comments are due May 19, 2015.

Maine

• Forestry Rules, BLF Chs. 10, 40, 50, 60, 70, 80, 110
  The Maine Board of Licensure of Foresters (BLF) has finalized various amendments to its rules.  These amendments, among other things, revise the Ch. 80 rules on forestry education by changing the continuing education requirement from 12 hours during the two year period ending on December 31 of each even-numbered year to 6 hours each year.  The amendments also included the adoption of an auditing process and the removal of the continuing education requirement for a licensee’s first renewal.  The changes took effect April 1, 2015.
• Forestry Rules, BLF Chs. 10, 40, 50, 60, 70, 80, 110
  DEP is proposing to renew the General Permit for the application of aquatic pesticides for the control of mosquito-borne diseases.  The General Permit will cover the entire State of Maine, and will be issued for a five-year term.  The Permit authorizes the discharge (i.e., application) of authorized aquatic pesticides to Class GPA waters and their tributaries, Classes AA, A, B, and C waters, Classes SA, SB, and SC waters, and those waters classified as such and having drainage areas of less than ten square miles.  Waters that do not provide habitat for mosquito species known to transmit vector-borne diseases, as determined by DEP, are not covered by the General Permit.  Comments are due May 15, 2015.
• Rules Concerning the Processing of Applications and Other Administrative Matters, DEP Ch. 2
  DEP initially proposed amendments to its Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters, to 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 is now proposing additional revisions that will clarify the transfer of ownership definition in this rule, which will impact the need for permit transfers, 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. Because DEP considered these substantial changes, DEP extended the original comment period.  Comments were due April 8, 2015.
• Oil Discharge and Pollution Control Rules for Rail Tank Cars, DEP Ch. 696
  DEP is proposing a new rule establishing minimum inspection, preparedness, and reporting requirements for operators of rail tank cars transporting or storing oil in Maine.  The rule establishes requirements for the remediation of any oil discharges from rail tank cars, requires the submission of federal response plans to DEP, and establishes inspection requirements for rail cars that are used for storage and parked at a siding for more than 5 consecutive days.  Comments are due May 1, 2015.
• Land Use Districts and Standards:  Recreational Lodging and Revegetation Standards, LUPC Ch. 10
  LUPC is proposing amendments to its Ch. 10, Land Use Districts and Standards, that relate to recreational lodging, revegetation standards, and administrative clarifications.  The proposed amendments will expand clearing limits for recreational lodging facilities; add procedures for exceeding those limits; establish dimensional requirements for campsites and residential campsites; and correct and simplify the definition of Residential Campsite.  The amendments also clarify the applicability of dimensional requirements in cases where recreational lodging facilities are converted to another use.  Comments were due April 17, 2015.
• Revised Standards for Nonconforming Lots, LUPC Ch. 10
  LUPC is proposing amendments to its Chapter 10, Land Use Districts and Standards, regarding the treatment of non-conforming lots.  The proposed amendments will eliminate the opportunity for a waiver of any requirements that make a lot nonconforming, but would leave the opportunity to obtain a variance in place.  Comments are due May 15, 2015.

Massachusetts

• Clean Energy Standard, 310 CMR 7.75
  MassDEP is postponing the hearings and public comment period for its proposed Clean Energy Standard (CES) regulation. This postponement is necessary to allow MassDEP to complete additional review required under a newly issued Executive Order (562).  The CES would require retail electricity sellers to demonstrate annually that a specified percentage of their electricity sales is made up of electricity generated from clean energy.  For purposes of the CES, clean energy would be defined based on a threshold level of greenhouse gas emissions, regardless of the technology used to generate the electricity.

New Hampshire

• Owner or Operator Recordkeeping Requirements, ENV-A 900
  DES is proposing to readopt and amend its rules in ENV-A 900 that establish recordkeeping and reporting requirements for owners of stationary sources, area sources, and devices that are regulated under RSA 125-C and/or RSA 125-I.  As part of the readoption, DES is proposing revisions to, among other things:  (1) add a definition of “electronic means” for submitting reports to accommodate a planned e-reporting system; (2) explicitly establish the requirements for identifying submitted reports; (3) reduce the number of pollutants that must be tracked and reported for many sources operating under temporary permits or state permits to operate; (4) eliminate various other requirements for Title V sources; and (5) add a requirement for sources to maintain records of all parameter excursions and report all excursions that are not corrected within 48 hours.  A public hearing is scheduled for May 12, 2015, and comments are due May 22, 2015.

STATUS OF PREVIOUSLY REPORTED RULES

COMPLIANCE DEADLINES