Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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NEW REGULATORY DEVELOPMENTS

Federal

  • Army Corps Drops Regional Permit
    The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states.  The proposal would have replaced the individual state programmatic general permits with one regional general permit.  Many stakeholders objected to the proposal, including because it appeared to limit flexibility and needlessly complicate permitting for the regulated community.
  • Notice of Availability of Draft NPDES General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts
    EPA is making available for comment a draft National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from small municipal separate storm sewer systems (MS4s) to certain waters of Massachusetts.  This draft permit establishes notice of intent requirements, prohibitions, and management practices for stormwater discharges from small MS4s. While the notice refers to a singular draft permit, EPA is proposing to reissue the following three permits:  (1) MAR041000 – traditional Cities and towns; (2) MAR042000 – non-traditional state, federal, county and other publicly owned systems; and (3) MAR043000 – non-traditional transportation systems.  This draft makes changes to the two draft small MS4 general permits issued in 2010.  These include, but are not limited to, provisions addressing discharges to impaired waters with and without an approved total maximum daily load and illicit discharge detection elimination, and monitoring provisions. The draft permit has also been revised to provide for coverage to MS4s that became subject to NPDES permit requirements with the issuance of updated urbanized area delineations based on the results of the 2010 Census.  Comments are due December 29, 2014.
  • National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production, 40 C.F.R. Part 63
    EPA is proposing to supplement its proposed amendments to the national emission standards for hazardous air pollutants for the ferroalloys production source category that were published in 2011.  Those amendments were based on the initial technology and residual risk reviews for this source category.  EPA’s new proposal presents a revised technology review and a revised residual risk review for the ferroalloys production source category and proposes revisions to the standards based on those reviews.  New compliance requirements are also being proposed to meet the revised standards.  The revisions include more stringent emission limits for a number of processes.   A public hearing will be held October 30, 2014, if one is requested by October 20, 2014.  Comments are due November 20, 2014.  Click here for corrected Federal Register notice.
  • Addition of Nonylphenol Category; Community Right-To-Know Toxic Chemical Release Reporting, 40 C.F.R. Part 372
    EPA has issued a final rule adding a nonylphenol category to the list of toxic chemicals subject to reporting under Section 313 of the Emergency Planning and Community Right to Know Act.  Because there is no one Chemical Abstract Service Registry Number (CASRN) that adequately captures what is referred to as nonylphenol and because of the apparent confusion that has resulted from the use of multiple CASRNs, EPA is adding nonylphenol as a category defined by a structure.  This rule will apply for the reporting year beginning January 1, 2015.  The rule took effect September 30, 2014.
  • Certain Nonylphenols and Nonylphenol Ethoxylates; Significant New Use Rule, 40 C.F.R. Part 721
    EPA is proposing a significant new use rule under the Toxic Substances Control Act for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE).  For 13 NPs and NPEs, EPA is proposing to designate any use as a “significant new use,” and for 2 additional NPs, EPA is proposing to designate any use other than use as an intermediate or use an epoxy cure catalyst would constitute a “significant new use.”  Comments are due December 1, 2014.

Maine

  • Certification of Underground Storage Tank Installers, BUSTI Ch. 3  
    The Board of Underground Storage Tank Installers is proposing amendments to its rule governing the certification of underground storage tank installers. Among other things, these amendments will change the standards to qualify for a variance from the rule’s apprenticeship requirements and allow a certified installer from another state to qualify for reciprocity in Maine.  Going forward, an applicant wishing to qualify for a variance from the rule’s apprenticeship requirements will need to demonstrate, through a variety of means, that he or she has acquired training and experience comparable to completion of an apprenticeship.  A public hearing is scheduled for October 21, 2014, and comments are due October 31, 2014.
  • Certification of Underground Storage Tank Inspectors, BUSTI Ch. 6
    The Board of Underground Storage Tank Installers is proposing to amend its rules related to certification of underground storage tank inspectors to allow inspectors certified in another state to apply for reciprocity in Maine, even if an inspector is not a resident of Maine.  A public hearing is scheduled for October 21, 2014, and comments are due October 31, 2014.
  • Rules Governing the Conduct of Licensing Hearings, DEP Ch. 3
    DEP is proposing an amendment to its rules governing the conduct of licensing hearings that would eliminate the requirement for DEP to issue press releases and public service radio and television announcements of licensing hearings.  This amendment is being proposed to align DEP’s rules with the notice requirements set forth in the Maine Administrative Procedure Act.  Comments are due October 27, 2014.
  • Solid Waste Rules General Provision, DEP Ch. 400
    DEP is proposing to amend its Solid Waste Rules in Chapter 400 to make those rules more consistent with new legislation regarding determinations of public benefit for solid waste disposal facilities. Among other things, the revisions will (1) incorporate a general licensing standard for solid waste facilities requiring that the practices of these facilities are consistent with the State’s solid waste management hierarchy; (2) incorporate an exemption from solid waste licensing requirements for “aged, fully-hardened asphalt” by including it in the existing definition of “inert fill;” and (3) incorporate an exemption from solid waste licensing requirements for “wood pallets that are not pressure treated or visibly contaminated, and from which fasteners have been removed” by including them in the definition of “wood wastes.”  In addition, DEP is also proposing more minor changes to the rules such as updating citations, correcting formatting, and clarifying existing language.  A public hearing is scheduled for November 6, 2014, and comments are due November 17, 2014.
  • Amendments to Solid Waste Rules, DEP Chs. 401, 402, 403, 405, 410, 419
    DEP is proposing various amendments to its Solid Waste Rules in response to the Maine Legislature’s directive to revise the rules to better incorporate the waste management hierarchy.  The changes are relatively minor, and include correcting citations to other Solid Waste and Hazardous Waste Rules to reflect other proposed amendments, updating references to the C.F.R. to the most recent revision, correcting formatting and citation for consistency throughout the rules, and reallocating general Solid Waste Definitions to Chapter 400.  Comments are due November 17, 2014.
  • Beneficial Use of Solid Wastes, DEP Ch. 418
    DEP is proposing to amend Chapter 418 of its Solid Waste Rules by replacing Appendix A (Screening Standards for Beneficial Use) with values of constituents listed in the “Maine Remedial Action Guidelines for Sites Contaminated with Hazardous Substances,” revised May 8, 2013 (“Maine RAGS”).  This replacement is intended to make Chapter 418’s screening standards consistent with existing standards and to ensure that the most current risk values are being applied.  The proposed screening standard is one-half the concentration of a RAGs listed chemical, using the lowest value among concentration values for relevant exposure pathways and scenarios for the chemical.  Beyond the screening standard, an applicant will be required to include “a demonstration that the proposed beneficial use of the waste does not pose a significant risk to public health or an unreasonable threat to the natural environment.”  A public hearing is scheduled for November 6, 2014, and comments are due November 17, 2014.
  • Stormwater Management, DEP Ch. 500
    DEP is proposing a number of amendments to its stormwater management rules that it believes will “provide greater flexibility while encouraging the use of innovative stormwater designs that will accommodate measures for addressing climate change, resiliency, and adaptation in [Maine’s] infrastructure.”  Among other things, the amendments will (1) revise treatment levels in the general standards to provide additional stormwater treatment options where the standard treatment requirements are impractical or cannot be met; (2) establish a new voluntary low impact development (LID) credit that reduces the volume of stormwater that must be treated if an applicant uses LID techniques; and (3) create new treatment levels for redevelopment projects through the use of scaled treatment requirements based on stormwater impact changes.  A public hearing is scheduled for October 16, 2014, and comments are due October 27, 2014.
  • Stormwater Management Compensation Fees and Mitigation Credit, DEP Ch. 501
    DEP is proposing a new rule that will establish a distinct program allowing applicants to either undertake a compensation project or pay compensation fee in lieu of meeting certain stormwater control requirements.  The provisions governing this program were previously contained in Chapter 500, but DEP is now proposing to update these provisions and establish these provisions as a new and separate rule in Chapter 501. Among other changes to the preexisting provisions, the proposal will increase compensation fees for some projects required to meet the urban impaired stream standard, and will also provide additional opportunities for projects to earn mitigation credits from on-site and off-site mitigation activities.  A public hearing is scheduled for October 28, 2014, and comments are due November 7, 2014.
  • Identification of Hazardous Wastes, Standards for Generators of Hazardous Waste, Licensing of Transporters for Hazardous Waste, Hazardous Waste Manifest Requirements, Universal Wastes, DEP Chs. 850, 851, 853, 857, 858
    DEP is proposing a number of amendments to its rules dealing with hazardous waste and universal waste.  The primary purpose of the proposed amendments is to allow certain waste paint to be managed as universal waste. In addition, and among other things, these amendments will provide for a paint stewardship program, provide overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. A new universal waste rule will also be created using current universal waste sections from Chapters 850, 853, and 857.  Comments are due October 17, 2014.

Massachusetts

Nothing to report.

New Hampshire

Nothing to report.

STATUS OF PREVIOUSLY REPORTED RULES COMPLIANCE DEADLINES

SPEAKING ENGAGEMENTS

  • Brian Rayback gave a guest lecture for Wentworth Institute of Technology’s Masters degree program in Construction Management on the environmental issues impacting construction projects.
  • Ken Gray will be a panelist at a MEREDA event titled “Environmental Issues in Business Transactions – Practical Problem Solving, including the Maine Voluntary Response Action Program.”  The event will be held on November 13, 2014, in South Portland, ME.  Click here for more information.
  • Bill Taylor will be speaking at the New England Water Environment Association’s Watershed Management and Stormwater Specialty Seminar being held on October 16, 2014, in Groton, CT.  Click here for more information.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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