Pierce Atwood Environmental Regulatory Compliance Calendar (RCC) 08.26.15

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 Program Plan and its 2014 Annual Effluent Guidelines Review Report.  The supporting documents can be found here.
   

• Notice of Availability of the EPA’s Updated Ozone Transport Modeling Data for the 2008 Ozone National Ambient Air Quality Standard

  EPA is providing notice that interstate ozone transport modeling and associated data and methods are available for public review and comment.  These data and methods will be used to inform a rulemaking proposal that EPA is developing and expects to release later this year to address interstate ozone transport for the 2008 ozone national ambient air quality standards (NAAQS).  The available information includes (1) emission inventories for 2011 and 2017, supporting data used to develop those emission inventories, methods and data used to process emission inventories into a form that can be used for air quality modeling; and (2) base year 2011 and projected 2017 ozone concentrations and projected 2017 ozone state contribution data at individual ozone monitoring sites based on air quality modeling, supporting data including 2009-2013 base period and 2017 projected ozone design values, and methods used to process air quality model outputs to calculate 2017 ozone concentrations and contributions at individual monitoring sites.  Comments are due September 23, 2015.
   

• Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Denial of Petition for Rulemaking for Gulf of Maine Cod

  The National Marine Fisheries Service and the National Oceanic and Atmospheric Administration denied a petition brought by a group of environmental organizations requesting that the agencies initiate a rulemaking to (1) prohibit commercial and recreational fishing for Gulf of Maine cod until the incidental fishing mortality does not exceed the acceptable biological catch limit and (2) limit catch, including discards, to the level that achieves the fishing mortality that meets rebuilding requirements, in accordance with Amendment 16 to the Northeast Multispecies Fishery Management Plan.  The petition was brought in response to the most recent stock assessment of Gulf of Maine cod, which indicated that the stock is at historically low abundance levels.  The denial stemmed from the Agencies’ belief that sufficient measures were already in place.
   

• Significant New Use Rules on Certain Chemical Substances, 40 C.F.R. Parts 9, 721

  EPA issued a direct final rule promulgating significant new use rules under the Toxic Substances Control Act (TSCA) for 22 chemical substances that were the subject of pre-manufacture notices.  This action requires persons who intend to manufacture (including import) or process any of these 22 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before beginning that activity.  The rule took effect August 4, 2015.
   

• Revision to the Guideline on Air Quality Models: Enhancements to the AERMOD Dispersion Modeling System and Incorporation of Approaches to Address Ozone and Fine Particulate Matter, 40 C.F.R. Part 51

  EPA is proposing to revise the Guideline on Air Quality Models (“Guideline”).  The Guideline specifies the models to be used in the Prevention of Significant Deterioration program.  It also provides EPA-preferred models and other recommended techniques, as well as guidance for the use of the models in predicting ambient concentrations of air pollutants.  Proposed revisions to the Guideline include enhancements to the formulation and application of the EPA’s AERMOD near-field dispersion modeling system and the incorporation of a tiered demonstration approach to address the secondary chemical formulation of ozone and fine particulate matter (PM2.5) associated with precursor emissions from single sources.  Comments are due October 27, 2015.
   

• Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Infrastructure State Implementation Plan Requirements, 40 C.F.R. Part 52

  EPA is proposing to approve certain elements of New Hampshire’s State Implementation Plan (SIP) submissions regarding the infrastructure requirements of the Clean Air Act.  These requirements relate to the 2008 lead, 2008 8-hour ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS).  EPA is also proposing full approval for several infrastructure requirements for the 1997 and 2006 fine particle NAAQS, and to update the classifications for several of New Hampshire’s air quality control regions for ozone and sulfur dioxide based on recent air quality monitoring data collected by the State, and to grant the State’s request for an exemption from the infrastructure SIP contingency plan obligation for ozone.  Finally, EPA is proposing to conditionally approve certain elements of New Hampshire’s submittal relating to prevention of significant deterioration requirements.  Comments were due August 17, 2015.
   

• State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction, 40 C.F.R. Part 52

  EPA is taking final action on a petition for rulemaking filed by the Sierra Club that concerns how provisions in EPA-approved state implementation plans (SIPs) treat excess emissions during periods of startup, shutdown or malfunction.  EPA is also revising its guidance concerning its interpretation of the Clean Air Act (CAA) requirements with respect to treatment in SIPs of excess emissions that occur during periods of startup, shutdown or malfunction.  After evaluation, EPA is also issuing a finding that certain SIP provisions in 36 states are substantially inadequate to meet CAA requirements.  Maine is one of the 36 affected states.  All affected states are required to submit corrective SIP revisions by November 22, 2016.
   

• Completion of Requirement to Promulgate Emissions Standards, 40 C.F.R. Part 63

  EPA has finalized its determination that it completed its statutory obligation under the Clean Air Act (CAA) to promulgate emissions standards for source categories accounting for not less than 90 percent of the aggregated emissions of each of seven specific hazardous air pollutants enumerated in the CAA.  The action took effect June 3, 2015.
   

• Revising Underground Storage Tank Regulations – Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training, 40 C.F.R. Parts 280, 281

  EPA has issued a final rule that makes certain revisions to the 1988 underground storage tank (UST) regulation and to the 1988 state program approval regulation.  Changes to these regulations include (1) adding secondary containment requirements for new and replaced tanks and piping; (2) adding operator training requirements; (3) adding periodic operation and maintenance requirements for UST systems; (4) addressing UST systems deferred in the 1988 UST regulation; (5) adding new release prevention and detection technologies; (6) updating codes of practice; (7) making editorial corrections and technical amendments; and (8) updating state program approval requirements to incorporate these new changes.  The rule takes effect October 13, 2015.
   

• TSCA Section 5 Pre-manufacture and Significant New Use Notification Electronic Reporting, 40 C.F.R. Parts 720, 721, 723, 725

  EPA has issued a direct final rule that amends the Toxic Substances Control Act (TSCA) Section 5 electronic reporting regulations.  These regulations allow for the electronic submittal of pre-manufacture notices (PMNs), other TSCA Section 5 notices, and support documents.  These amendments provide the user community with new methods for accessing the e-PMN software, new procedures for completing the electronic-PMN form, and changes to the CDX registration process.  The amendments also add a requirement to submit “bona fide intents to manufacture” electronically, and change the procedure for notifying EPA of any new manufacturing site of a chemical substance for which an exemption was granted by EPA.  The rule takes effect January 19, 2016.
   

• Significant New Use Rules on Certain Chemical Substances, 40 C.F.R. Part 721

  EPA is proposing significant new use rules under the TSCA for 30 chemical substances that were the subject of pre-manufacture notices.  This action would require persons who intend to manufacture (including import) or process any of these 30 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before beginning that activity.  Comments were due July 10, 2015.

Maine

• Chemicals of High Concern List, July 201

  The Commissioner of DEP has undertaken a review of the Chemicals of High Concern list, published in July 2012.  The review included removal of chemicals that have been designated as priority, and those that no longer meet the criteria established in statute for inclusion on the Chemicals of High Concern list.  Click here for details.  Comments are due August 28, 2015.
   

• Certification and Licensing Provisions – Commercial Applicators, Pesticide Dealers, and Spray Contracting Firms, DACF Board of Pesticides Control, Chs. 31, 34, 35

  The Board of Pesticides Control is proposing to amend its rules relating to the certification and licensing of commercial applicators, pesticide dealers, and spray contracting firms.  For commercial applicators, the proposed revisions will change the license period from two years to three, change the certification period from six years to three, amend the description of Category 6B to clarify what types of applications are included, change the requirement for passing both the core and category exams within one year of each other to within five years, and clarify that certain certified or licensed wastewater or drinking water operators are exempt from licensing only while applying pesticides to the wastewater or drinking water and not while performing other duties such as weed management.  For pesticide dealers, the changes will shorten the time period a person must wait before retaking an exam he/she failed, change the license period from one year to three, change the certification period from five years to three and align the licensing and certification periods.  Finally, for spray contracting firms, the proposed amendments will remove the requirements for spotters and monitors for forest insect aerial spray programs and change the license period from two years to three.  Comments were due July 24, 2015.
   

• Prior Approval Process and Stop Work Orders, DACF Ch. 30

  The Maine Bureau of Forestry is proposing a new rule that establishes standards for Maine Forest Service approval of timber harvesting activities by any person who has been convicted at least twice of unlawful cutting.  Comments were due August 3, 2015.
   

• Notice of Public Workshop and Opportunity for Comment, on Revisions to Chapter 100, Chapter 113, Chapter 115, and Chapter 140 Regulations

  DEP is holding a public workshop and opportunity for comments on preliminary drafts of the following regulations: Chapter 100, Chapter 113, Chapter 115, and Chapter 140.  According to DEP, the regulations are being revised to closely align Maine’s air emission licensing program and rules with the U.S. EPA’s New Source Review program.  This update is intended to be a comprehensive update that will incorporate outstanding federal elements, and restructure the air emission licensing rules to provide what DEP believes will be greater clarity and ease of use.  Comments are due August 28, 2015.

Massachusetts

• Draft Annual Ambient Air Quality Monitoring Network Plan

  MassDEP has released its draft Annual Ambient Air Quality Monitoring Network Plan.  This plan describes to EPA which pollutants and other parameters MassDEP measures at its various ambient air monitoring sites and why they are measured at those specific locations.  The new plan also describes the changes that have been made since the last network plan, as well as proposed changes to be made to the network over the next 18 months.  Comments on the proposed amendments were due August 7, 2015.

New Hampshire

• Signature Requirement for Annual Facility Reports for Active Solid Waste Facilities, Env-Sw 1105.13(o)

  DES is proposing to amend Env-Sw 1105.13 to allow Annual Facility Reports for solid waste facilities to be signed by a duly-authorized official.  This is a change from the prior requirement, which provided that the reports must be signed by an elected or appointed official.  The new requirement will be consistent with the requirement in Env-Sw 303.04.  The rule took effect August 22, 2015.
   

• Groundwater Discharge Permits and Registrations, Env-Wq 402

  DES is proposing to readopt and revise its rules in Env-Wq 402, that establish standards, criteria, and procedures for groundwater discharge permits, groundwater discharge registrations, and holding tank registrations to prevent pollution and protect groundwater. Among other things, the proposed amendments will (1) prohibit discharge of liquids that contain medical waste or unused prescription medication; (2) require an applicant to have exclusive deeded rights to the land if the applicant is not the owner in fee of the land; (3) require any discharge of wastewater from a nursing home or medical care facility to meet the nitrate set-backs even if a discharge permit is not required; (4) require applications to depict the boundary of the 100-year flood zone and identify the 100-year base flood elevation; (5) add a requirement for new and renewal applications to submit a vulnerability assessment for potential impacts from natural hazards; and (6) require that renewal applications be filed within the 90-day period prior to expiration.  A public hearing is scheduled for August 24, 2015, and comments are due September 4, 2015.
   

• Sludge Management, Env-Wq 800

  DES is proposing to readopt and revise its Sludge Management Rules in Env-Wq 800.  Proposed changes include, but are not limited to, (1) exempting sludge management activities incidental to the operation of water treatment facilities permitted under RSA 485; (2) the inclusion of phosphorous as a nutrient of concern and potential limiting factor in agronomic use; (3) allowing permit renewal applications to be filed before expiration instead of requiring renewal applications to be filed a specified number of days in advance of expiration; and (4) the extension of the duration of site permits and facility permits from 5 years to 10 years along with a no-fee renewal process for sludge quality certifications.  Comments were due July 10, 2015.
   

• Definitions Related to Wetlands Mitigation Rules, Env-Wt 101

  DES is proposing to readopt its rules in Env-Wt 100, which are the organizational rules and definitions related to wetlands mitigation.  As part of the readoption, certain sections in Env-Wt 500 will be added to Env-Wt 100.  These sections are related to mitigation requirements, definitions of certified wetland scientist, service area, and wetland enhancement.  Comments were due August 14, 2015.
   

• Wetlands Mitigation Rules, Env-Wt 800

  DES is proposing to readopt and revise its rules in Env-Wt 800 related to wetlands mitigation.  The proposed changes are intended to (1) clarify existing requirements; (2) improve the process for submitting and evaluating wetland mitigation proposals; and (3) align the rules with revisions to RSA 482-A:29 and federal requirements.  Among other clarifications, the revised rules would make clear that (1) applicants must consult with the U.S. Army Corps of Engineers for projects that require a federal permit and (2) jurisdictional areas on a project site that are left undisturbed as part of the meeting the avoidance and minimization requirements cannot be counted as mitigation in the form of preservation.  Comments were due August 14, 2015.

STATUS OF PREVIOUSLY REPORTED RULES

COMPLIANCE DEADLINES

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