NEW REGULATORY DEVELOPMENTS
Federal
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Notice of Extension to Provide Information on Existing Programs That Protect Water Quality From Forest Road Discharges
EPA is extending the comment period for the notice titled “Opportunity to Provide Information on Existing Programs that Protect Water Quality from Forest Road Discharges.” EPA originally solicited this information in response to the remand in Environmental Defense Center, Inc. v. U.S. EPA, 344 F.2d 832 (9th Cir. 2003), that requires EPA to consider whether the Clean Water Act requires the Agency to regulate stormwater discharges from forest roads. EPA has not yet made a decision on whether to do so. Comments are now due February 12, 2016.
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Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, 40 C.F.R. Parts 52, 78, and 97
EPA is proposing a new rule to address interstate air quality impacts with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). Specifically, EPA is proposing to update the Cross-State Air Pollution Rule (CSAPR) to address interstate emission transport. As part of this proposal, EPA has issued a finding that ozone season emissions of nitrogen oxides in 23 eastern states affect the ability of downwind states to attain and maintain the 2008 ozone NAAQS. For these 23 states, EPA is proposing to issue Federal Implementation Plans that generally update the existing CSAPR nitrogen oxide season emissions budgets for electricity generating units and implement these budgets via the CSAPR nitrogen oxide ozone-season allowance trading program. Implementation would start with the 2017 ozone season. The comment deadline was extended to February 1, 2016.
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Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 4) for Public Water Systems and Announcement of a Public Meeting, 40 C.F.R. Part 141
EPA is proposing a rule under the Safe Drinking Water Act (SDWA) that requires public water systems to collect occurrence data for contaminants that may be present in tap water, but are not yet subject to EPA’s drinking water standards set under the SDWA. The collected data will be used by EPA to develop regulatory decisions for emerging contaminants in the public drinking water supply. The proposed rule also identifies eleven analytical methods to support water system monitoring for a total of 30 chemical contaminants. A public webinar will be held on January 13, 2016, and comments are due February 9, 2016.
Maine
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Maine Regional Haze 5-Year Progress Report
DEP’s Regional Haze 5-Year Progress Report will be submitted to EPA as a revision to Maine’s State Implementation Plan. Copies of the Report can be obtained by contacting Tom Graham at DEP at 207-287-7598 or Tom.Graham@Maine.gov. Prior to submittal and pursuant to state law, DEP made the report available for public comment. Comments were due January 8, 2016.
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Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels; Payment and Reimbursement of Oil Transfer Fees; Standards for Assessing Ability to Pay Deductibles Under the State Insurance Program for Oil Storage Tanks; Rules for Underground Oil Storage Facilities; DEP Chs. 600, 685, 686, 691
DEP is proposing to amend certain rules related to oil pollution prevention to incorporate statutory changes made by the 127th Maine Legislature. Among other things, the proposed amendments would (1) revise certain definitions to be consistent with State law; (2) reflect that the Maine Coastal and Inland Surface Oil Clean Up Fund and the Ground Water Oil Clean Up Fund have been combined to create the Maine Ground and Surface Water Clean-Up and Response Fund; (3) reflect the fact that the Fund Insurance Review Board and the Oil Spill Advisory Committee have been combined to create the Clean-Up and Response Fund Review Board; and (4) clarify the process for refunding certain fees collected on oil that is exported from the State. Comments are due January 16, 2016.
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Rules Relating to Drinking Water, DHHS Ch. 231
The Maine Department of Health and Human Services (DHHS) is proposing a number of changes to its rules relating to drinking water. The proposed changes remove unused definitions, add new definitions in Section 2, and insert relevant portions of the bottled water and water vending machine rules (and insert new language for bottled water and water vending machines) in Sections 2, 3(J), 4(K), 4(L)(2), 6(B) and Appendix A. In Section I-A, the program proposes to add operator requirements for select transient public water systems. In addition, these proposed changes clarify sampling standards for source approval in Section 3, articulate that DWP approval is necessary for existing wells changing the chemistry or yield of the water in Section 3(H)(2)(g), add requirements for tank and clearwell repairs, coating and painting of surfaces touching finished water in Section 4(M), clarify timelines and analysis reporting requirements for certified laboratories in Section 6(B) and monthly reports in 6(C), incorporate the “Revised Total Coliform Rule,” effective April 1, 2016, update and correct references, citations, and typos throughout the rule, revise direct references to the federal regulations and add Appendix A to clarify further bottled water facility testing requirements. A public hearing was held January 7, 2016, and comments are due January 18, 2016.
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Maine Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines DHHS Ch. 235
The Maine Department of Health and Human Services (DHHS) is proposing changes which would delete bottled water and water vending machine regulations from Chapter 235, with relevant language placed in Chapter 231’s “Rules Relating to Drinking Water.” These changes would result in this rule (Chapter 235) to be re-named “Rules Relating to Bulk Water.” Certain changes will be made from Chapter 235 to Chapter 231 to reflect the changes agreed upon among the DHHS Drinking Water Program, the Department of Agriculture, Conservation and Forestry, and the Department of Environmental Protection, in order to clarify each Department's role and responsibility regarding regulation of bottled water facilities. A public hearing was held January 7, 2016, and comments are due January 18, 2016.
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Land Use District and Standards, LUPC Ch. 10
The Maine Land Use Planning Commission (LUPC) is seeking public comment on proposed amendments to Chapter 10, Land Use Districts and Standards, regarding a proposed new subdistrict developed for certain areas in Aroostook County. This proposal is in partnership with the Northern Maine Development Commission through the Commission’s Community Guided Planning and Zoning program. This regional planning effort implements the directive in Public Law 2011, Chapter 682, Section 34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The new subdistrict is the Rural Business Development Subdistrict (D-RB), which is intended to encourage business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses. Comments are due January 22, 2016, and rebuttal comments are due February 12, 2016.
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Land Use District and Standards, LUPC Ch. 10
The Maine Land Use Planning Commission (LUPC) has adopted amendments to the agency’s Chapter 10, Land Use Districts and Standards. The primary objective of these changes was to revise the Commission’s rules regarding certain technical standards that apply to subdivision development. The Subdivision Technical Issues rulemaking focused on the requirements for soil suitability, maximum road grade, steep slopes and phosphorus control. In addition, changes were made to Chapter 10 to conform with legislative changes removing the requirement that proposed land use districts satisfy a demonstrated need in the community or area. The new rules became effective on December 7, 2015.
Massachusetts
New Hampshire
STATUS OF PREVIOUSLY REPORTED RULES
COMPLIANCE DEADLINES
