NEW REGULATORY DEVELOPMENTS

Federal

• Implementation of the 2008 National Ambient Air Quality Standards for Ozone, 40 C.F.R. Parts 50, 51, 52, 70, and 71
  EPA has issued a final rule that implements the 2008 ozone national ambient air quality standards (NAAQS).  The rule addresses a range of nonattainment area state implementation plan (SIP) requirements, including requirements pertaining to attainment demonstration, reasonable further progress, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP.  With this rule, EPA is also revoking the 1997 ozone NAAQS for all purposes and is establishing anti-backsliding requirements for areas that remain designated nonattainment for the revoked NAAQS.  The rule takes effect April 6, 2015.
• Clean Water Act Methods Update Rule for the Analysis of Effluent, 40 C.F.R. Part 136
  EPA is proposing changes to pollutant analysis methods that are used by industries and municipalities to analyze the chemical, physical, and biological components of wastewater and other environmental samples that are required by regulations under the Clean Water Act (CWA).  Among other things, the changes will clarify the procedures for EPA approval of nationwide and limited use alternate test procedures and revise the procedure for determination of the method detection limit to address laboratory contamination and to better account for intra-laboratory variability.  Comments are due April 20, 2015.

Maine

• Rules Concerning the Processing of Applications and Other Administrative Matters, DEP Ch. 2
  DEP is proposing amendments to its rules in Chapter 2 regarding the processing of applications and other administrative matters.  These amendments 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.  The proposal also includes changes to the provisions that provide the sale of stock is not a transfer of ownership for permit transfer purposes.  Comments are due March 20, 2015.
• Maine Subsurface Wastewater Rules, DHHS Ch. 241
  The Maine Department of Health & Human Services (DHHS) is proposing amendments to its Subsurface Wastewater Rules.  The proposed revisions will clarify requirements by adding and specifying definitions, adding clearer guidance, and deleting unnecessary language.  The revisions will also add a prohibition on building structures without DHHS approval and a prohibition on the placement of first time systems in 10-year flood zones.  A public hearing is scheduled for March 23, 2015, and comments are due April 6, 2015.
• Land Use Districts and Standards: Designation of Areas of Cultural of Special Significance, LUPC Ch. 10
  The Maine Land Use Planning Commission (LUPC) is proposing amendments to Ch. 10 of its rules, Land Use Districts and Standards, that would allow LUPC to designate areas of cultural, historical, and other special significance.  In such designated areas, reconstruction projects would have to conform to the purpose of the designation.  Under the rules as amended, LUPC, when designating a proposed area, would consider the unique cultural or historic characteristics of the proposed area that might benefit the public.  Comments are due April 3, 2015, and rebuttal comments are due April 10, 2015.
   

Massachusetts

• Clean Energy Standard, 310 C.M.R. 7.75
  MassDEP is extending the public comment period and changing the public hearing dates for its proposed Clean Energy Standard (CES) regulation.  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. Public hearings will be held April 14, 2015 in Boston; April 15, 2015 in Worcester; and April 16, 2015 in Lakeville. Comments are due April 27, 2015.

New Hampshire

Nothing to report

STATUS OF PREVIOUSLY REPORTED RULES

COMPLIANCE DEADLINES