Welcome to Pierce Atwood’s Environmental Regulatory Compliance Calendar!

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws.  We have traditionally provided this as a service to our clients, but are now making it available on an experimental basis to a broader audience.

We welcome your feedback!

NEW REGULATORY DEVELOPMENTS

Federal

• Policy Regarding Voluntary Prelisting Conservation Actions
  The U.S. Fish and Wildlife Service has announced a draft policy on crediting voluntary conservation actions taken for species prior to their listing under the Endangered Species Act (ESA).  This policy seeks to give landowners, government agencies, and others incentives to carry out voluntary conservation actions for non-listed species by allowing benefits to the species from a voluntary conservation action undertaken prior to listing under the ESA to mitigate or to serve as a compensatory measure for the detrimental effects of another action after listing.  Comments are due September 22, 2014.
• Approval of Maine SIP for Volatile Organic Compound Regulations, 40 C.F.R. Part 52
  EPA is proposing to approve four State Implementation Plan (SIP) revisions submitted by the State of Maine.  These revisions establish reasonably available control technology (RACT) for two categories of volatile organic compound (VOC) sources: compounds from adhesives and sealants and compounds from flexible package printing.  The revisions also amend two existing VOC RACT regulations that were previously approved into Maine’s SIP: Chapter 11 Petroleum Liquid Storage Vapor Controls and Chapter 112 Bulk Terminal Petroleum Liquid Transfer Requirements.  Comments were due September 8, 2014.
• Approval of New Hampshire SIP for Nitrogen Oxides and Volatile Organic Compounds, 40 C.F.R. 52
  EPA has issued a direct final rule to approve SIP revisions submitted by the State of New Hampshire.  These revisions contain an updated regulation establishing RACT for sources of nitrogen oxides (NOX) and four updated source-specific orders for either VOC or NOX RACT.  The rule takes effect October 20, 2014, unless EPA receives adverse comments by September 22, 2014.
• Approval of Revised New Hampshire Plan for Large and Small Municipal Waste Combustors, 40 C.F.R. 62 
  EPA has issued a direct final rule approving the Clean Air Act Section 111(d)/129 State Plan revisions for large and small municipal waste combustors (MWCs) submitted by the New Hampshire DES on January 29, 2009, with amendments submitted on February 13, 2009.  The revised plan was submitted in response to amended emission guidelines (EGs) and new source performance standards for large MWCs promulgated by EPA on May 10, 2006, and the strengthening of emission limits on small MWCs enacted by the New Hampshire General Court in 2005.  EPA’s newly-promulgated standards include revised emission limits for dioxin/furan (only for units equipped with electrostatic precipitators), mercury, cadmium, lead, particulate matter, and nitrogen oxides.  The standards also contain revisions to the compliance testing provisions to require increased data availability from continuous emissions monitoring systems.  The rule takes effect November 3, 2014, unless EPA receives adverse comments by October 3, 2014.
• Extension of Compliance and Attest Engagement Reporting Deadlines for 2013 Renewable Fuel Standards, 40 C.F.R. Part 80
  EPA has issued a direct final rule to extend two reporting deadlines for the 2013 compliance period under the renewable fuel standard (RFS) program.  Due to a delay in issuing the final rule establishing the 2014 renewable percentage standards for cellulosic bio-fuel, biomass-based diesel, advanced bio-fuel and total renewable fuel, regulated parties will not have to submit annual compliance reports and attest engagement reports for the 2013 RFS compliance period until 30 days and 90 days, respectively, following publication of the final rule establishing the 2014 renewable fuel percentage standards.  The rule takes effect September 29, 2014.
• Extension of the Reformulated Gasoline Program to Maine’s Southern Counties, 40 C.F.R. Part 80
  EPA is proposing to extend the Clean Air Act’s (CAA) prohibition against the sale of conventional gasoline in reformulated gasoline (RFG) areas to the Maine counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln.  The proposal is based on a request from Governor LePage to extend the aforementioned prohibition to areas within Maine’s ozone transport region established under the CAA.  Under EPA’s proposal, the prohibition on the sale of conventional gasoline in the affected counties will commence on May 1, 2015, for most regulated entities in these counties, and on June 1, 2014, for retailers and wholesale purchaser-customers.  Comments are due September 29, 2014.
• NPDES Requirements for Cooling Water Intake Structures at Existing and Phase 1 Facilities, 40 C.F.R. Parts 122, 125
  EPA has issued a final rule that establishes requirements under Section 316(b) of the Clean Water Act (CWA) for existing power generating facilities and existing manufacturing and industrial facilities that are designed to withdraw more than 2 million gallons per day (mgd) of water from waters of the United States and use at least 25% of the water they withdraw exclusively for cooling purposes.  These requirements will be implemented through national pollutant discharge elimination system (NPDES) permits, and will apply to the location, design, construction, and capacity of cooling water intake structures at regulated facilities.  According to EPA, the purpose of this rule is to reduce impingement and entrainment of fish and other aquatic organisms at cooling water intake structures used by certain existing power generation and manufacturing facilities for the withdrawal of cooling water from waters of the United States.  The rule takes effect October 14, 2014.
• Sufficiently Sensitive Test Methods for NPDES Permit Applications and Reporting, 40 C.F.R. Parts 122, 136
  EPA has issued a final rule that makes minor amendments to its CWA regulations.  The amendments specify that under the NPDES program, permit applicants must use “sufficiently sensitive” analytical test methods when completing a NPDES permit application and that the program director must prescribe that only “sufficiently sensitive” methods be used for analyses of pollutants or pollutant parameters under a NPDES permit.  These amendments codify existing EPA guidance on the use of “sufficiently sensitive” analytical methods with respect to measurement of mercury, and extend the approach outlined in that guidance to the NPDES program more generally.  The amendments affect only chemical-specific methods; they do not apply to the whole effluent toxicity methods or their use.  The rule took effect September 18, 2014.

Maine

• Hazardous Waste, DEP Chs. 850, 851, 853, 857, 858
  DEP is proposing to update its hazardous waste rules, as well as propose a new universal waste regulation.  The rules are being proposed to be consistent with the Solid Waste Disposal Act, and are intended to reduce costs for small quantity universal waste generators, typically small businesses, and municipal transfer stations and household hazardous waste collection programs.  The amendments include providing for a paint stewardship program, provide for overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. Comments are due October 17, 2014.
• Guidelines for Municipal Shoreland Zoning Ordinances, DEP Ch. 1000
  DEP is proposing to amend its rules regarding minimum standards for municipal shoreland zoning ordinances to incorporate a number of revisions recommended by stakeholders during a 2011 stakeholder process and legislative amendments to the program.  Among other things, the proposed changes will (1) explicitly exempt the removal of non-native invasive plant species from clearing restrictions within the shoreland zone, (2) exempt naturally-existing ledge and rock outcrops when calculating the non-vegetated surface area of a lot, and (3) utilize a total “footprint” metric for expansions, when determining special permit exceptions in lieu of the current “total ground floor area” metric.  Comments are due September 26, 2014.

Massachusetts

Nothing to report

New Hampshire

• Emission Standards Applicable to Tangential-Firing, Dry-Bottom Boilers, DES Env-A 2302.02(c)
  DES is proposing to amend Env-A 2302.02, which establishes emission standards that apply to tangential-firing, dry-bottom boilers, to comply with EPA’s conditional approval of New Hampshire’s regional haze SIP.  EPA’s approval of the SIP was based in part on the condition that DES revise the Newington Station total suspended particulate (TSP) limit to impose a more stringent TSP limit.  The amended rule will be submitted to EPA for approval.  A public hearing is scheduled for September 23, 2014, and comments are due October 1, 2014.
• Administrative Fine Procedures, DES Env-C 601-605
  DES is proposing to readopt and revise its procedures for administrative fine cases.  The rules will be renumbered from Env-C 601 to Env 601-605.  The other amendments are largely procedural in nature, and will separate field citations from other administrative fine cases.  A public hearing is scheduled for October 17, 2014, and comments are due October 29, 2014.
• Groundwater Reclassification, DES Env-Dw 901
  DES is proposing to readopt and revise its rules in Env-Dw 901, which implement the voluntary groundwater classification program established in RSA 485-C.  Revisions are being proposed to improve clarity by editing existing language, adding language where needed, identifying statutory requirements more clearly, and reorganizing existing provisions.  A public hearing is scheduled for September 22, 2014, and comments are due September 30, 2014.
• Hazardous Waste Wipes and Tanks, DES Env-Hw 401, 508, 509, 707, 1110
  DES is proposing to amend certain sections of its hazardous waste rules to incorporate new federal exclusions for solvent-contaminated wipes and to update state requirements for the inspection of hazardous waste storage tanks that are operated by hazardous waste generators, hazardous waste facilities, or handlers of universal waste pesticides.  The proposed rules are more stringent than the applicable federal rules in three areas.  First, the proposed rules would require a generator to keep records of the name and address of each facility that has received the wipes for the prior three years and documentation that for the past three years wipes have been sent for cleaning or disposal within 180 days of generation.  (EPA requires the generator to maintain information only about the facility currently receiving the wipes and documentation of compliance with the 180-day time limit.)  Second, the proposed rules would prohibit the disposal of wipes in New Hampshire solid waste landfills, but would allow disposal in New Hampshire solid waste combustion facilities and in solid waste landfills and combustion facilities in other states that have adopted the federal exclusion.  Third, the proposed rules prohibit the use of wipes to clean-up spills of more than 12 fluid ounces, to prevent improper use of the exemption to avoid disposal of free liquids as hazardous waste.  This rulemaking includes a proposed rule to adopt EPA provisions that allow for weekly inspections of hazardous waste tank systems (as opposed to daily) if the operator of the tank either uses leak detection equipment or has established workplace practices to ensure leaks are promptly identified.  Comments were due September 12, 2014.
• Compliance Schedules in NPDES Permits, DES Env-Wq 1701
  EPA has asserted that it cannot incorporate compliance schedules into NPDES permits it issues for discharges to New Hampshire waters unless New Hampshire’s surface water quality standards specifically authorize such compliance schedules.  Because of this, DES is proposing to adopt a rule that explicitly authorizes a compliance schedule to be included in any NPDES permit issued or renewed for a discharge to New Hampshire surface waters.  A public hearing is scheduled for October 9, 2014, and comments are due October 17, 2014.

STATUS OF PREVIOUSLY REPORTED RULES

COMPLIANCE DEADLINES