NEW REGULATORY DEVELOPMENTS

Federal

• New Critical Habitat for Gulf of Maine Atlantic Sturgeon to be Designated
  The National Marine Fisheries Service (NMFS) has agreed to designate critical habitat for the New York Bight, Chesapeake Bay, Carolina, South Atlantic, and Gulf of Maine Distinct Population Segments of Atlantic sturgeon.  The action will be taken in response to a complaint alleging that NMFS failed to designate critical habitat for distinct population segments of Atlantic Sturgeon in the time required by the U.S. Endangered Species Act.  The designations will be proposed by November 30, 2015.
• National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, 40 C.F.R. Parts 60, 63
  On February 12, 2013, EPA finalized amendments to the national emission standards for the control of hazardous air pollutants (NESHAP) from the new and existing Portland cement manufacturing industry at major sources of hazardous air pollutants.  Specifically, EPA established emission standards for mercury, hydrogen chloride, total hydrocarbons, and particulate matter.  EPA is now proposing further changes which will, among other things, correct equation 8 regarding sources with an alkali bypass or inline coal mill that include a separate stack and add a temperature parameter to the startup and shutdown requirements.  These changes are being made to correct what EPA considers to be minor technical errors.  Comments are due January 20, 2015.

Maine

Nothing to report.

Massachusetts

Nothing to report.

New Hampshire

• Contaminated Site Management, DES Env-Or 600
  DES is proposing to readopt and amend its rules governing the investigation, management, and remediation of sites contaminated by the discharge of regulated contaminants, including oil and hazardous chemicals.  The amendments proposed as part of the readoption will, among other things (1) modify the table of soil remediation by reducing or increasing the allowable concentration for certain compounds and deleting certain compounds, (2) revise the procedures and clarify the criteria for obtaining waivers, including allowing non-concurring parties to file objections to waiver requests, and (3) modify the time period in which a renewal application for a groundwater management permit must be filed by requiring that applications be filed within the 90 day period prior to a permit’s expiration.  A public hearing is scheduled for January 9, 2015, and comments are due January 30, 2015.
• Groundwater Release Detection Permits, DES Env-Or 700
  DES is proposing to readopt and amend its rules for groundwater release protection permits.  As part of the readoption, minor amendments are proposed to move statutory definitions to an appendix so rulemaking will not be necessary for definition changes, clarify certain existing provisions, and modify the time period in which a permit renewal application must be filed by requiring that renewal applications be filed within the 90 day period prior to a permit’s expiration.  A public hearing is scheduled for January 9, 2015, and comments are due January 30, 2015.
• Brownfields Program Under RSA 147-A, DES Env-Or 800
  DES is proposing to readopt its rules implementing the Brownfields Program with minor amendments.  The existing rules supplement procedures established in RSA 147-F, and address eligibility criteria, application procedures, fee structure, and program participation requirements.  The rules also supplement the procedures established in RSA 147-F for applying the remedial process to the voluntary cleanup of contaminated properties.  As part of their readoption, the rules will be amended to move statutory definitions to an appendix so rulemaking will not be required if they change, clarify existing requirements, and incorporate application forms by reference.  A public hearing is scheduled for January 9, 2015, and comments are due January 30, 2015.
• Required Best Management Practices for Groundwater Protection, Env-Wq 401
  DES is proposing to readopt its rules establishing best management practices (BMPs) for groundwater protection as required by RSA 485-C:11.  BMPs include storing regulated substances under overhead cover in securely closed containers on an impervious surface within secondary containment, using funnels and drip pans when transferring liquids to and from regulated containers, and placing spill control and cleanup materials in the work area.  Minor amendments are proposed as part of the readoption to clarify existing requirements.  A public hearing is scheduled for January 26, 2015, and comments are due January 30, 2015.

STATUS OF PREVIOUSLY REPORTED RULES
COMPLIANCE DEADLINES