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Emerging Environmental Legislative and Regulatory Issues in Massachusetts

Emerging Environmental Legislative and Regulatory Issues in Massachusetts. Thomas Balf 978-281-5020 tbalf@nexusep.com. DEP – GHG Reporting. 310 CMR 7.71 Mandatory Greenhouse Gas Emissions Reporting http://www.mass.gov/dep/public/hearings/ghgrmtgs.htm#info

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Emerging Environmental Legislative and Regulatory Issues in Massachusetts

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  1. Emerging Environmental Legislative and Regulatory Issues in Massachusetts Thomas Balf 978-281-5020 tbalf@nexusep.com

  2. DEP – GHG Reporting • 310 CMR 7.71 Mandatory Greenhouse Gas Emissions Reporting • http://www.mass.gov/dep/public/hearings/ghgrmtgs.htm#info • April 15, 2009 if generate greater than 5,000 tons of CO2 based on fuel usage • 83,100,000 cubic ft of natural gas • 442,000 gallons of #2 fuel oil • Future comprehensive regulations now being developed. Key issues remain: e.g., deminimis, transportation, conformance with general reporting protocol, reporting by source, verification , early action credit • TAKE AWAY – Should I Report? Perform calculations. Track emerging regulation. Tom Balf tbalf@nexusep.com

  3. DEP- Proposed Stormwater Regs • 314 CMR 21.00 • http://www.mass.gov/dep/service/regulations/newregs.htm#proposed • Maps – http://www.mass.gov/dep/water/laws/swgpappa.htm • Applicable to impervious surface (2 or 5 acres) • Aggregated sites • TMDL • Stormwater management plan • TMDL area • Retrofits for existing sites for infiltration for required pollutant reduction within 5 years • Complete construction within 10 years • Huge cost • TAKE AWAY – Look at draft regulations. If applicable, consider drafting and submitting comments to DEP by March 11, 2009; Also consider contacting state legislators. MBC will submit comments but company letters preferred. Tom Balf tbalf@nexusep.com

  4. State Fire Marshall • Developing Process Safety Regulation and permit program • 527 CMR 33 • Origin – Danvers fire • Categories of Facilities based on amount of hazardous material processed • 1 = <10 gallons • 2 = 11 – 50 • 3 = greater than 50 • 4 = RMP or OSHA Process Safety • Increasing regulatory burden for each category • Key issue is definition of “process or processing” ; need for exclusions or exemptions • TAKE AWAY – Anticipate draft regs. Help us understand your potential “processing” issues. Tom Balf tbalf@nexusep.com

  5. Department of Public Health • Biological and Medical Waste Regulations • 105 CMR 480 • In effect since July 2008 • Continue to work with DPH on issues of interpretation and clarification • Animal Bedding, definitions, treatment records • FAQs • http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr480.pdf • TAKE AWAY – “Say what you do. Do what you say.” Forward issues and questions to MBC. Tom Balf tbalf@nexusep.com

  6. New Legislation • An Act for a Competitive Economy Through Safer Alternatives to Toxic Chemicals • Purpose: Identify safer alternatives – push and pull industry to substitute. Potential for bans. • State will annually identify and research 2-5 priority toxic substances (e.g., DEHP, PVC) and develop action plans for chemical or use substitution • MBC Opposition – federal role, bureaucratic, fee, TURI telling businesses what they can and cannot do • TAKE AWAY – Look at SIN List – concerns? Contact MBC/your legislator to voice opposition Tom Balf tbalf@nexusep.com

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