NEW REGULATORY DEVELOPMENTS

Federal

• Notice of Availability of Draft NPDES General Permit for Stormwater Discharges From Small Municipal Separate Storm
  EPA is reopening the public comment period for its Notice of Availability of the draft small municipal separate storm sewer system national pollutant discharge elimination system general permit for Massachusetts.  The notice was originally published in the Federal Register on September 30, 2014.  Comments are now due February 27, 2015.
• Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Prevention of Significant Deterioration Program, 40 C.F.R. Part 52
  EPA is proposing to approve a State Implementation Plan revision submitted by the State of New Hampshire on November 15, 2012.  This revision proposes to ensure that the State PSD program is consistent with the Final New Source Review Improvement Rule issued on December 31, 2002; the Final Rule Governing the Implementation of NSR for Fine Particulate Matter issued on May 16, 2008; and the Final Rule to Establish Increments, Significant Impact Levels and a Significant Monitoring Concentration (SMC) issued on October 20, 2010.  Comments are due February 20, 2015.
• Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, 40 C.F.R. Part 60
  EPA has granted reconsideration of four provisions of its final new source performance standards and emission guidelines for commercial and industrial solid waste incineration units that were promulgated on March 21, 2011.  The four provisions now up for reconsideration are: (1) the definition of “CEMS Data During Startup and Shutdown Periods”; (2) the PM limit for the waste-burning Kiln Subcategory; (3) the FVF for coal-burning energy recovery units; and (4) the definition of “kiln.”  Comments are due March 9, 2015.
• National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources Wastewater Limit Withdrawal, 40 C.F.R. Part 63
  EPA has issued a direct final rule to amend the National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources.  The amendment withdraws the total non-vinyl chloride organic hazardous air pollutant process wastewater emission standards for new and existing polyvinyl chloride and copolymers area sources.  The rule takes effect March 30, 2015, unless EPA receives adverse comment by March 13, 2015.
• National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers, 40 C.F.R. Part 63
  On February 1, 2013, EPA finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial and Institutional Boilers (the Area Source Boilers Rule).  EPA later received three petitions for reconsideration of the final rule.  EPA has granted reconsideration of the following five issues: (1) the definitions of startup and shutdown periods; (2) an alternative PM standard for new oil-fired boilers that combust low-sulfur oil; (3) establishment of a subcategory for limited-use boilers and the applicable standards for that subcategory; (4) elimination of further performance testing for PM for boilers whose initial compliance test shows that its emissions are equal to or less than half of the PM emission limit; and (5) elimination of fuel sampling at coal-fired boilers that demonstrate compliance with the mercury emission limit by fuel analysis based on the results of the boiler’s initial compliance demonstration.  Comments are due March 9, 2015.
• National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, 40 C.F.R. Part 63
  EPA has granted reconsideration of three provisions of its amendments to the National Emission Standards for Hazardous Air Pollutants from new and existing industrial, commercial, and institutional boilers and process heaters at major sources of hazardous air pollution, which were finalized on January 31, 2013.  The four provisions now up for reconsideration are: (1) definition of startup and shutdown periods and the work practices that apply during such periods; (2) revised CO limits based on a minimum CO level of 130 parts per million; and (3) the use of PM CPMS, including the consequences of exceeding the operating parameter.  Comments are due March 9, 2015 or 30 days after a public hearing, if one is held.
• Hazardous Materials: Harmonization With International Standards, 40 C.F.R. Parts 171, 172, 173, 175, 176, 178, 180
  DOT’s Pipeline and Hazardous Materials Safety Administration has issued a final rule that amends its hazardous materials regulations to maintain alignment with international standards.  This new rule incorporates various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport, quantity limitations, and vessel stowage requirements.  The rule became effective January 1, 2015, and compliance with the new rule will be required beginning January 1, 2016.
• Definition of Solid Waste, 40 C.F.R. Parts 260, 261
  EPA has issued a final rule that revises several recycling-related provisions that are associated with the definition of solid waste used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act.  These revisions affect certain types of hazardous secondary materials that are currently conditionally excluded from the definition of solid waste when reclaimed.  For more information, see our Alert here.  The rule takes effect July 13, 2015.
• Proposed Significant New Use Rule On Certain Chemical Substances, 40 C.F.R. Part 721
  EPA is proposing significant new use rules under the Toxic Substances Control Act for 13 chemical substances that were the subject of pre-manufacture notices.  This rule would require any person who intends to manufacture or process any of the subject chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before beginning that activity.  Any chemical manufacturer and petroleum refinery may be subject to this rule.  Comments are due March 9, 2015.
• Lead-Based Paint Programs; Amendment to Jurisdiction Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements, 40 C.F.R. Part 745
  EPA is proposing what it considers to be minor revisions to its lead renovation, repair and painting rule.  Among other changes, these revisions will eliminate the requirement that the renovator refresher training have a hands-on component.  The revisions will also remove jurisdiction-specific certification and accreditation requirements under the lead based paint activities program.  Those requirements currently provide that training providers, firms and individuals must seek certification in each jurisdiction where the organization or person wants to work.  Comments were due February 13, 2015.

Maine

• Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas, DACF Ch. 21
  DEP is proposing to delegate permitting authority for timber harvesting and related activities regulated under the Natural Resources Protection Act to the Department of Agriculture and Forestry’s Bureau of Forestry.  This rulemaking will amend Maine Forest Service Chapter 21 to incorporate the permitting process.  The amendments to Chapter 21 will also clarify which activities related to removal of vegetation in the proximity of existing development are considered timber harvesting and which activities are not.  Comments were due February 16, 2015.
• New Motor Vehicle Emission Standards, DEP Ch. 127
  DEP is proposing to delay implementation of California’s aftermarket catalytic converter requirements for three years to June 1, 2018.  The delay is being proposed to allow more time for small manufacturers to comply and for other states in the region to adopt these requirements.  Comments are due February 17, 2015, and a public hearing will be held if one is requested before the end of the public comment period.
• Surface Coating Facilities, DEP Ch. 129
  DEP is proposing to update its rules for surface coating facilities to expand the types of coating operations that are regulated to include miscellaneous plastic parts and products.  The amendments provide for five major surface coating categories with numerous subcategories in each to further identify which coatings are subject to a specific emission limit.  Comments are due February 17, 2015, and a public hearing will be held if one is requested before the end of the public comment period.
• Designation of Formaldehyde as a Priority Chemical and Regulation of Formaldehyde in Children’s Products, DEP Ch. 885
  DEP is proposing to designate formaldehyde as a priority chemical.  This will allow DEP to require manufacturers or distributors of certain children’s products that are available in the State of Maine to report the intentional use of formaldehyde above de minimis levels.  Comments are due March 13, 2015.
• Designation of Four Members of the Chemicals Class Phthalates as Priority Chemicals, DEP Ch. 888
  DEP is proposing to designate four members of the chemical class phthalates as priority chemicals and require reporting for certain product categories that contain one or more of these phthalates.  The rule would apply to manufacturers of specified product categories that contain intentionally added di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), or diethyl phthalate (DEP).  The first draft of the rule was proposed by citizen petition, but DEP has made substantial changes to the originally proposed draft.  Comments are due February 17, 2015.

Massachusetts

• Clean Energy Standard, 310 C.M.R. 7.75
  MassDEP is proposing a new Clean Energy Standard (CES) regulation to increase the percentage of electricity sold to consumers in Massachusetts that is generated using clean energy.  The CES would require retail electricity sellers to annually demonstrate 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 March 10, 2015 in Boston; March 11, 2015 in Worcester; and March 12, 2015 in Lakeville.  Comments are due March 23, 2015.

New Hampshire

• Request for Stakeholder Input on the Nitrogen Oxides (NOx) Budget Trading Program, Env-A 3200
  DES is requesting comments on potential amendments to its rules related to the NOx Budget Trading Program. While no changes to the ozone cap level are being proposed, DES is considering an amendment that would introduce a “flow control” multiplier of 4x to apply to the use of any banked allowances.  DES is also seeking comments on an potential amendment that would change the allowance allocations by: (1) decreasing the amount allocated to affected facilities from 2,400 to 600 allowances; (2) increasing the amount allocated to the set-aside from 500 to 2,300; and (3) introducing a 30:1 multiplier to increase the portion of set-aside allowances that are awarded to renewable energy and non-emitting generating system project sponsors.  DES will convene a meeting to receive comments on March 13, 2015, and comments may be submitted in writing prior to or presented orally at the meeting.
• Submitting Confidential Information; Requests Under R.S.A. 72:12-a, Env-C 201, 208, 211
  DES is proposing to readopt and amend its rules in Env-C 208, which deal with submitting confidential business information (CBI) to DES, and its rules in Env-C 211, which deal with property tax exemptions for pollution control facilities.  The amendments to Env-C 208 will clarify and streamline the process of reviewing requests designating information as CBI, and specify that trade secrets are included within the definition of CBI.  The rules in Env-C 211 will be amended to, among other things, require that requests for property tax exemptions for pollution control facilities be filed at least 90 days prior to the first day of the applicable tax year and to require that DES issue a decision prior to the first day of the applicable tax year if the request is timely filed.  Comments are due February 20, 2015.
   

STATUS OF PREVIOUSLY REPORTED RULES

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