News & Analysis as of

Environmental Protection Agency (EPA) MassDEP

Beveridge & Diamond PC

MassDEP Proposes Waste Disposal Ban on Textiles and Mattresses

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In October 2020, the Massachusetts Department of Environmental Protection (MassDEP) released a public hearing notice announcing proposed regulatory amendments to the Commonwealth’s solid waste management regulations (310 CMR...more

Holland & Knight LLP

MassDEP Seeks to Impose Its PFAS Monitoring Requirements in NPDES Permits

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On July 14, 2020, the Massachusetts Department of Environmental Protection (MassDEP) issued a public notice regarding Shire Human Genetic Therapies' Cambridge facility's pollutant discharges to the Alewife Brook, along with a...more

Holland & Knight LLP

MassDEP Requests EPA Add PFAS to Monitoring Requirements Under the 2020 MSGP

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By letter dated June 1, 2020, Director of Watershed Management for the Massachusetts Department of Environmental Protection (MassDEP) Lealdon Langley filed comments at www.regulations.gov for Docket ID: EPA-HQ-OW-2019-0372...more

Holland & Knight LLP

MassDEP Issues Decision on PFAS Petition While Feds Reportedly Will Punt

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On Jan. 28, 2019, the Massachusetts Department of Environmental Protection (MassDEP) issued its response to the "Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl...more

Cole Schotz

Emerging Contaminants Update: Recent Activity In New Jersey, Massachusetts, For PFOA And PFOS Regulations

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What are PFOA and PFOS? Remember when everyone was in a tizzy about using Teflon or other non-stick cookware? That had to do with the chemical PFOA (perfluorooctanoic acid), which is one of the most commonly found and...more

Beveridge & Diamond PC

MassDEP Issues Air Rule Amendments

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Culminating a two-year rule promulgation process, MassDEP has issued a final rule amendment package that makes adjustments to numerous provisions of the Massachusetts air regulations. The announced purpose of this package...more

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MassDEP Issues Draft Fact Sheet Guidance on PFAS, a Class of Emerging Contaminants

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On January 26, 2017, MassDEP announced that it had developed and is seeking comment on a Fact Sheet entitled “Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan.”...more

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Massachusetts Environmental and Land Use Alert

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Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts - The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General...more

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Delay in Massachusetts Efforts to Assume Control of CWA Program

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As we reported in our recent Massachusetts Environmental and Land Use Alert, Massachusetts is in the first stages of seeking delegation from the U.S. Environmental Protection Agency (EPA) for the Clean Water Act program. ...more

Beveridge & Diamond PC

Massachusetts Moves To Assume Control of CWA Program as EPA issues Disputed MS4 Permit

Massachusetts’ status as one of only four states not in control of the Clean Water Act program within its boundaries may change as the state begins the process of applying to U.S. EPA for delegation of that program. ...more

Foley Hoag LLP - Environmental Law

One Final Word on Peterborough Oil: Yes, MTBE Is An Additive

The final answer to the critical issue raised by the recent Peterborough Oil Company decision is that MTBE is an additive and is not, in MassDEP’s view, subject to the “oil exemption” under the Massachusetts Contingency Plan....more

Foley Hoag LLP - Environmental Law

More on the Peterborough Oil Case: Is MTBE An “Additive”?

Since yesterday’s post on the Peterborough Oil case, a little birdie told me that MassDEP may be taking the position that MTBE is covered by the “oil exemption”, because it is a hydrocarbon. If so, that would be good news...more

Foley Hoag LLP - Environmental Law

EPA Releases Long-Awaited MS4 Permit for Massachusetts

As announced in the Federal Register this week, EPA finally released the General Permit for small Municipal Separate Storm Sewer Systems in Massachusetts (say that three times fast!) This permit has been in the works for...more

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Massachusetts Considering Taking Control of Clean Water Permitting

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Summary: Massachusetts Governor Charlie Baker’s administration is considering a move that would place Clean Water Act permitting in the hands of the Massachusetts Department of Environmental Protection (MassDEP)....more

Foley Hoag LLP - Environmental Law

About those calls from MassDEP…

Last month, we wrote about MassDEP’s trichloroethylene (TCE) site reevaluation initiative. MassDEP has begun the process of screening sites previously closed under the MCP to look for sites where TCE might exceed the new...more

Beveridge & Diamond PC

Accutest Laboratories New England Notifies Clients of Potential Data Concerns

Notification of potential data quality issues by a Massachusetts laboratory is raising concerns about the possible impact on current and closed remediation sites in Massachusetts that relied on that data. Accutest...more

Foley Hoag LLP - Environmental Law

EPA Proposes to Add Vapor Intrusion Pathway Assessment to Superfund Listing System

Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion. The...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more

Foley Hoag LLP - Environmental Law

The Stormwater Mess Continues in Massachusetts: CLF and CRWA Sue EPA

In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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Draft Integrated Science Assessment for Oxides of Nitrogen – Health Criteria - EPA has announced an extension of the public comment period for the second external review draft of a document titled, “Second External Draft...more

Foley Hoag LLP - Environmental Law

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently...more

Foley Hoag LLP - Environmental Law

MassDEP Tightens TCE Indoor Air Regulation: The $64,000 Question? What About Closed Sites?

Last week, MassDEP released new guidance on how it is assessing exposures to TCE in light of EPA new assessment of TCE risks released in September 2011. The biggest issue is that concerns about fetal exposure have caused...more

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