News & Analysis as of

Department of Environmental Protection State and Local Government Environmental Policies

Pierce Atwood LLP

DEP Proposes Substantive Changes to Administrative Rules

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The Maine Department of Environmental Protection (DEP) has proposed sweeping and substantive changes to its Chapter 2 rules, which govern permit applications, appeals, permit modifications and suspensions, and other...more

Burns & Levinson LLP

Who Would Have Thought: A DEP Hiring Boom!

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As the post-pandemic job market has peaked in many areas of the economy, it may seem surprising that one local employer is aggressively hiring: our own Massachusetts Department of Environmental Protection. DEP is looking to...more

Verrill

Navigating Change: DEP proposes revisions to Maine Metallic Mineral Mining Rules and Administrative Procedures

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On December 7, the Maine Board of Environmental Protection (BEP) voted to post to public comment amendments to two Department of Environmental (DEP) sets of rules. The first proposes changes to Chapter 200, Metallic Mineral...more

Verrill

Massachusetts Clean Heat Standard – No More Business as Usual for the Heating Sectors

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The Massachusetts Department of Environmental Protection (MassDEP) is gearing up for a massive regulatory effort aimed at reducing greenhouse gas emissions from the residential heating sector and the commercial and industrial...more

Pierce Atwood LLP

EPA Approves Maine DEP Proposal to Opt Out of Ozone Transport Region

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In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more

Holland & Knight LLP

Proposed MEPA Regulations Leave Key Substantive Questions Unanswered

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After commencing a regulatory review effort in February 2021, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued proposed amended Massachusetts Environmental Policy Act (MEPA) regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Brook Park, Ohio, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and KB Trading, Inc. (“KB”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations addressing: ....more

Holland & Knight LLP

Massachusetts Offers Opportunities for Stakeholder Engagement to Address Transportation Emissions

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Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. ...more

Ballard Spahr LLP

New Jersey Sets Stringent PFAS Standards

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The New Jersey Department of Environmental Protection’s latest action creates several statewide environmental standards for three PFAS contaminants: perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Greenbaum, Rowe, Smith & Davis LLP

DEP Issues Guidance Regarding Compliance Challenges Arising from COVID-19

On April 21, 2020, the New Jersey Department of Environmental Protection (DEP) issued two Environmental Compliance and Enforcement Alerts providing guidance to DEP-regulated entities that may be experiencing compliance...more

Greenbaum, Rowe, Smith & Davis LLP

DEP Upgrades of NJ Water Bodies to Category One Status Trigger Significant Land Use and NJPDES Discharge Restrictions on...

The New Jersey Department of Environmental Protection (DEP) published its final rule on April 6, 2020 approving Category One status for 600 of the 749 miles of New Jersey streams and lakes that it had originally proposed for...more

Morgan Lewis

COVID-19 in Pennsylvania: Department of Environmental Protection Cancels Public Meetings

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As the coronavirus (COVID-19) pandemic continues, state government agencies are increasingly responding with closures and cancellations. In Pennsylvania, the Department of Environmental Protection recently cancelled seven...more

Pierce Atwood LLP

Maine PFAS Task Force Issues Report and Maine Legislature Considers Amending State's Superfund Law

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Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more

Pierce Atwood LLP

EPA Proposes Withdrawal of Maine Fish Consumption Water Quality Standards

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EPA also approves revisions to Maine’s water quality standards - On November 6, 2019 the U.S. Environmental Protection Agency (EPA) issued public notice of a proposed action to withdraw its February 2, 2015 decision that...more

Pierce Atwood LLP

Maine PFAS Tracker - Maine Standards and Proposed Actions

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Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Holland & Knight LLP

PFAS: Still Only an Emerging Contaminant? In New Jersey, It’s Here

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In the final week of March 2019, the New Jersey Department of Environmental Protection (NJDEP) took two unusually broad actions regarding contamination caused by poly- and perfluoroalkyl substances (PFAS). On March 25, 2019,...more

Foley Hoag LLP - Environmental Law

Just In Case You Wondered Whether PFAS Are Really a Big Deal

If you were thinking that PFAS were important, but you’ve been unsure just how big a deal they are, you need look no further than the Statewide PFAS Directive issued by the New Jersey Department of Environmental Protection. ...more

Pierce Atwood LLP

Maine DEP Establishes Aggressive Requirement for PFAS Testing in Biosolids

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On Friday afternoon March 22, 2019, the Maine Department of Environmental Protection (DEP) announced in a memorandum to licensed facilities that land apply, compost, or process biosolids (i.e., wastewater treatment sludge)...more

Pierce Atwood LLP

Maine’s “Wicked Good” Voluntary Cleanup Program

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Maine’s Voluntary Response Action Program (VRAP) was enacted in 1993 to encourage the cleanup and redevelopment of Maine’s contaminated properties....more

Pierce Atwood LLP

Maine Proposes To Opt Out Of The Ozone Transport Region

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On June 27, 2018, the Maine Department of Environmental Protection (DEP) posted for public comment a draft petition to the U.S. Environmental Protection Agency (EPA) to remove most of the state from the Ozone Transport Region...more

Pierce Atwood LLP

Citizen Group Petition Prompts DEP Rulemaking to Reduce Greenhouse Gas Emissions

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On April 25, 2018 the Maine Department of Environmental Protection (DEP) initiated a rulemaking based on a citizen petition to adopt new rules establishing emissions standards and to modify ten existing rules governing...more

Pierce Atwood LLP

Maine DEP Proposes Updates To Hazardous Waste Rules

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In its first comprehensive review in many years, the Maine Department of Environmental Protection (DEP) is proposing changes to the Hazardous Waste regulations for the identification of hazardous waste and for the “land...more

Pierce Atwood LLP

Maine DEP Voluntary Response Action Program Releases Updated Guidance

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The Maine Department of Environmental Protection’s (DEP) Voluntary Response Action Program (VRAP) just provided updated guidance explaining the new application fees and -- perhaps more importantly -- clarifying and updating...more

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