NEW REGULATORY DEVELOPMENTS
Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328
In connection with its proposed rule regarding the definition of “waters of the United States” under the Clean Water Act, EPA is making available the Science Advisory Board’s final peer review of the EPA’s draft report Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis. Comments are due November 14, 2014.
Carbon Pollution Emission Guidelines for Electric Utility Generating Units, 40 C.F.R. Part 60
EPA is making additional information available in connection with its proposed rule titled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” which was published on June 18, 2014. The primary topics covered by the additional information are the emission reduction compliance trajectories created by the interim goal for 2020 to 2029, certain aspects of the building block methodology, and the method by which state-specific carbon dioxide goals are calculated. Comments are due December 1, 2014.
Revisions to Reporting & Recordkeeping Requirements and Confidentiality Determinations Under the Greenhouse Gas Reporting Program, 40 C.F.R. Part 98
EPA has issued a final rule amending the reporting and recordkeeping requirements of the Greenhouse Gas Reporting Program. These amendments include (1) the addition of a requirement for certain facilities to use an Inputs Verification Tool (IVT) for certain inputs that had been deferred; (2) removal of the requirement to report certain inputs; (3) revisions of recordkeeping requirements for facilities required to use IVT; and (4) new reporting elements for certain facilities required to use IVT. The purpose of these changes is to address concerns regarding confidentiality and accuracy. The rule takes effect November 24, 2014.
Announcement of Preliminary Regulatory Determinations for Contaminants on the Third Drinking Water Contaminant Candidate List, 40 C.F.R. Part 141
EPA is making preliminary regulatory determinations to regulate one contaminant (strontium) and not to regulate four contaminants (1,3-dinitrobenzene, dimethoate, terbufos, and terbufos sulfone) under the Safe Drinking Water Act. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation (NPDWR) for a currently unregulated contaminant. EPA has chosen to regulate strontium with an NPDWR due to EPA’s preliminary determination that (1) strontium may have an adverse effect on a person’s health, (2) strontium is known to occur or there is substantial likelihood that strontium will occur in public water systems with a frequency and at levels of public health concern, and (3) regulation of strontium with an NPDWR presents a meaningful opportunity to reduce health risks for persons served by public water systems. Comments are due December 19, 2014.
Smelt Regulations, DMR Ch. 40
Maine Department of Marine Resources is proposing a new rule which will use recent data to manage smelt populations in three sections on the coast: (Zone 1) from the New Hampshire border to Owl’s Head in Rockland, (Zone 2) East of the Owl’s Head to Naskeag Point in Brooklin, and (Zone 3) East of Naskeag Point to the Lubec-Campobello Island bridge. Public hearings are scheduled for November 17 and 18, 2014, and comments are due December 1, 2014.
Global Warming Solutions Act Requirements for the Transportation Sector and the Massachusetts Department of Transportation, 310 C.M.R. 60.05
MassDEP is proposing a new section in 310 C.M.R. 60.00, which will be titled “Global Warming Solutions Act Requirements for the Transportation Sector and the Massachusetts Department of Transportation.” Among other things, this new rule will (1) establish a requirement that the metropolitan planning organizations (MPOs) in Massachusetts evaluate and track the GHG emissions and impacts of regional transportation plans (RTPs), transportation improvement programs (TIPs), and statewide transportation improvement programs (STIPs); and (2) establish a requirement that the MPOs, in consultation with MassDOT, develop and utilize procedures to prioritize and select projects in RTPs, TIPs, STIPs based on factors that include GHG emissions and impacts. Comments are due November 17, 2014.
VOC Limits in Consumer Products, Env-A 4100
DES is proposing to delay implementation until January 1, 2017, of new VOC limits that were adopted as part of a previous rulemaking that implemented the new Ozone Transport Commission (OTC) Model Rule. The new VOC limits were scheduled to take effect on January 1, 2015. However, other OTC states have not progressed as far as New Hampshire in adopting the OTC Model Rule, and DES has determined that compliance with disparate standards in different markets would be unduly burdensome. A public hearing is scheduled for November 21, 2014, and comments are due December 2, 2014.
Other Solid Waste Incineration, Env-A 4300
DES is proposing to readopt and amend its rules in ENV-A 4300, which establish operating and performance standards for existing solid waste incineration units with the capacity to combust less than 35 tons per day of solid waste, referred to by the U.S. Environmental Protection Agency as Other Solid Waste Incineration (OSWI) units. Among other things, the rules will be amended to eliminate the startup, shutdown, and malfunction exemption in the rules. A public hearing is scheduled for December 2, 2014, and comments are due December 12, 2014.
Revised Total Coliform Rule and Other Updates, Env-Dw 506, 701-708, 709, 710-713, 720, 801, 802, 804, 811
DES is proposing various amendments to its rules in Env-Dw, which implement the State’s Safe Drinking Water Act, R.S.A. 485. Most of the revisions are being proposed to reflect new federal regulations known as the Revised Total Coliform Rule (RTCR), codified at 40 C.F.R. 141, Subpart Y. Among other things, the proposal would alter monitoring for microbiological contaminants and establish rules for inspections and reporting. A public hearing is scheduled for November 21, 2014, and comments are due December 2, 2014.
STATUS OF PREVIOUSLY REPORTED RULES