NECA Compliance Monitoring (September 2016)

Legislative Updates (September 2016)

MAINE

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Industry Employment in the Public Sector
ADOPTED RULE NUMBER: 2016-156
CONCISE SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR Part 1910, including changes to hazard classification, labeling, and record keeping; eye and face protection standards; and whistleblower protections.
EFFECTIVE DATE: September 28, 2016

MASSACHUSETTS

310 CMR 4.00: Proposed Amendments & Public Comment (Public Hearing: September 27, 2016. Public Comment Period: Ends October 7, 2016)

FULL TEXT: http://www.mass.gov/eea/docs/dep/service/regulations/proposed/background-document-admin-amendments310cmr4.pdf

Summary: This fee regulation amendment package includes administrative amendments that:

• Align MassDEP’s surface water discharge permitting categories with federal NPDES permitting requirements;

• Amend the applicability of groundwater annual fee categories for permitted septic systems;

• Correct minor clerical errors and amend laboratory testing certification fee categories;

• Reinstate waste site clean-up permitting fee categories that were previously eliminated in error;

• Update MassDEP Bureau names, amend headings, and reorganize permit categories.

Amendments to 310 CMR 15.00: The State Environmental Code, Title 5 - Effective 9/9/2016

FULL TEXT: http://www.mass.gov/eea/docs/dep/water/laws/rr/310cmr15clean.pdf

Summary: The Approving Authority shall not approve the construction, upgrade, or expansion of an on-site subsurface sewage disposal system unless it is:

(a) a system serving or designed to receive only sanitary sewage from a facility where the total design flow generated on the facility, is less than 10,000 gallons per day;

(b) a system upgrade approvable in accordance with 310 CMR 15.403 or 310 CMR 15.404; or

(c) a facility for which subdivision approval has been obtained, to construct dwellings with a cumulative total design flow of 10,000 gpd or greater provided that a disposal system construction permit to construct a system in compliance with 310 CMR 15.000 on each of the subdivision lots to be served by a system is obtained and such separate subdivision lots are to be conveyed to independent owners.

Persons Affected: The provisions of 310 CMR 15.000 apply only to the on-site collection, treatment and disposal of sanitary sewage, and to the transport and disposal of associated septage and grease, and do not apply to the wastewater containing wastes from any other activity including, but not limited to, activities under the Standard Industrial Classification (SIC) Codes set forth at 310 CMR 15.004(5). SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication Standard Industrial Classification Manual. Systems designed to dispose of only sanitary sewage from facilities subject to the following SIC codes may be approved under 310 CMR 15.000. Facilities discharging wastewater that contains wastes from activities under the SIC codes listed below may request a determination from the Department that the wastewater’s constituents are substantially similar to sanitary sewage and may be discharged to an on-site septic system.

SIC CODES: 753-7549 (Automotive Repairs and Services)

NEW HAMPSHIRE

Env-Wq 2102 Water Use Registration and Reporting

NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that would otherwise expire on September 24, 2016 that are included in this rulemaking will continue in effect until new rules are in effect.

PUBLIC HEARING: Thursday, October 20, 2016

DEADLINE FOR FILING WRITTEN COMMENTS: Friday, November 4, 2016

FULL TEXT: http://des.nh.gov/organization/commissioner/legal/rulemaking/documents/env-wq2102-ip-fxd.pdf

Summary: The existing rules implement RSA 488, Water Management, by establishing procedures and standards for the registration, measurement, and reporting of water use. Any cumulative water use that exceeds an average of 20,000 gallons of water per day in any 7-day period, or exceeds a total volume of 600,000 gallons in any 30- day period must be registered, measured, recorded, and reported to the Department.

The existing rules are scheduled to expire on September 24, 2016, so the Department is proposing to readopt them. The existing rules will continue in effect pursuant to RSA 541-A:14-a, I, subject to the conditions stated therein. As part of the readoption, the rules are proposed to be amended to (1) clarify existing requirements, including adding definitions and aligning the rules and forms; and (2) improve the data reporting process for water users and for the Department.

Specific changes include, but are not limited to, the following:

• The existing rules do not require signatures or certifications on registrations or reports; the proposed rules require any person required to register a water use to sign and date the filing and to certify the information is true, complete, and not misleading.

• Currently, discharges can be reported as the same as withdrawals only if the daily volume of discharge equals at least 90 percent of the volume of the corresponding withdrawal and the source and destination are the same. The proposed rules eliminate the requirement for the source and destination to be the same.

• Currently, hydropower facilities must report water use to the Department quarterly. The proposed rules require hydropower facilities to report water use to the Department annually.

• Currently, agricultural and irrigation water users must submit water use data by November 1 for the prior growing season. The proposed rules require agricultural and irrigation water users to submit water use data by January 15 of the year following the year in which the use occurred.

• Currently, water use data must be submitted on a form supplied by the Department. The proposed rules require water use data to be submitted using an electronic reporting system.

Persons Affected: The rules apply to any person (individual or entity) whose cumulative water use exceeds an average of 20,000 gallons of water per day in any 7-day period, or exceeds a total volume of 600,000 gallons in any 30-day period. Typical users include public water suppliers, wastewater treatment facilities, commercial/industrial operations, institutions, agriculture, irrigators, snowmakers, aquaculture, mining, and bottled water.

CHAPTER Env-Wq 1000 SUBDIVISIONS; INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

Effective October 1, 2016

FULL TEXT: http://des.nh.gov/organization/commissioner/legal/rulemaking/documents/env-wq1000-adptpstd.pdf

Summary: The purpose of these rules is to implement RSA 485-A:29-44 relative to subdivisions and individual sewage disposal systems, in order to protect water supplies, prevent pollution in the surface and groundwaters of the state, and prevent nuisances and potential health hazards.

Persons Affected: These rules shall apply to:

(a) Individual sewage disposal systems (ISDSs) as defined herein;

(b) Proposed subdivisions where the structures are or will be served by ISDSs as regulated hereunder;

(d) Innovative/alternative technology for ISDSs for which approval is sought to allow use of the technology in New Hampshire.

RHODE ISLAND

NO LEGISLATIVE UPDATES

VERMONT

Rule Number: 16P049

Vermont Wetland Rules (Agency of Natural Resources)

NO FULL TEXT AVAILABLE AT THIS TIME (Deadline for Public Comment: Nov 03, 2016)

Summary: Certain administrative updates to the Vermont Wetland Rules are necessary to reflect statutory updates effective since the Rules were last amended in 2010, provide procedural changes necessary to come into conformance with the permit process reform requirements of Act 150 of 2016, and to add four wetlands to the list of Class I wetlands to increase their protections. Changes to the existing rule include: 1. Replacement of references to the Water Resources Panel with references to the Secretary of the Agency of Natural Resources. 2. Updates to outdated statutory references 3. Clarification of notice and comment requirements. 4. A permit amendment process. 5.Descriptions of four new proposed Class I wetlands. The majority of the changes are administrative in nature and will have no economic impact.

Persons Affected: Individuals required to obtain an individual wetland permit, or authorization under the general permit. State agencies and departments, particularly the Vermont Agency of Transportation (VTrans). Property owners statewide, including business owners (and excluding farmers engaged in farming activities that are exempt under the rules) engaged in activities that impact wetlands or their buffers that are not allowed uses as articulated by the rule. Engineers, designers, consultants, developers, and contractors who design and build structures that may impact a wetland or a wetland buffer. The public at large, with an interest in wetland integrity and water quality.

Rule Number: 16P050

2017 Vermont Stormwater Management Manual Rule (Agency of Natural Resources)

NO FULL TEXT AVAILABLE AT THIS TIME (Deadline for Public Comment: Nov 01, 2016)

Summary: The existing 2002 Vermont Stormwater Management Manual (VSMM) was adopted as a rule via statute (Act 109 of 2002, 10 V.S.A. § 1264(e)(1)). Under 10 V.S.A. § 1264(b)(13), the VSMM shall be adopted and amended by rule. This rulemaking will update the VSMM to incorporate important advances in the field of stormwater management. Changes to the VSMM include: 1. Updates to the Water Quality, Groundwater Recharge, Channel Protection Volume, Overbank Flood Protection and Extreme Flood Protection Treatment Standards; 2. Alternatives to the Channel Protection Volume Treatment Standard; 3. Incorporation of the Soil Depth and Quality Standard; 4. Incorporation of the Runoff Reduction Framework in design guidance; 5. Integration of Green Stormwater Infrastructure concepts such as permeable pavement, green roofs, reforestation, and rainwater harvesting; 6. Expansion of the treatment requirements for redevelopment sites; and 7. Incorporation of requirements for development and implementation of maintenance plans.

Economic Impact: 1. The new 2017 VSMM increases treatment requirements compared to existing standards and may result in a cost increase for some projects. 2. The addition of acceptable treatment practices may have positive economic impacts because the additional design flexibility contained in the proposed 2017 VSMM will allow designers greater options. 3. The incorporation of green stormwater infrastructure may have positive economic impacts, because such practices provide options aside from large structural practices such as ponds, which can be costly to construct. 4. Construction of stormwater facilities in conformance with the 2017 VSMM will contribute to the construction-based economy. 5. Compliance with the 2017 VSMM will help restore, maintain, and protect the waters of the State, which provide numerous economic benefits associated with clean water.

Persons Affected: Individuals required to obtain a post-construction stormwater permit. State agencies and departments, particularly the Vermont Agency of Transportation (VTrans), the Agency of Commerce and Community Development, and the Department of Buildings and General Services. These entities conduct or manage activities that may be subject to stormwater permit requirements including the new VSMM. Note, the Rule contains a new chapter, which includes requirements for linear projects to accommodate special issues unique to VTrans. Property owners statewide, including businesses (excluding farmers in compliance with the Required Agricultural Practices) and homeowners, who require a stormwater permit. Engineers, designers, consultants, and contractors who design and construct stormwater systems and work on stormwater permit applications. The public at large with an interest in water quality.

Rule Number: 16P051

Stormwater Management Rule (Agency of Natural Resources)

NO FULL TEXT AVAILABLE AT THIS TIME (Deadline for Public Comment: Nov 01, 2016)

Summary: The existing 2002 Vermont Stormwater Management Manual (VSMM) was adopted as a rule via statute (Act 109 of 2012, 10 V.S.A. § 1264(e)(1)). The VSMM was then amended under Subchapter 4 of the Stormwater Management Rule. The proposed VSMM Rule includes a complete strike-through of the 2002 VSMM and all new proposed text. Therefore, Subchapter 4 of the Stormwater Management Rule is no longer necessary and must be struck. Additionally, § 18-306(a)(2) of the Stormwater Management Rule includes a reference to a specific standard in the VSMM and therefore, must also be amended. In addition to those changes, the proposed Stormwater Management Rule also includes minor updates to the policy, definitions, exemption, "permit required," and duration of permit sections consistent with 10 V.S.A. § 1264; updated to "effective date" language; updates to the appeals section, consistent with statute; and updates to contact information.

Economic Impact: The economic impacts of the updates to the Stormwater Management Rule are entirely related to the updates to the VSMM, which are as follows: 1. The new 2017 VSMM increases treatment requirements compared to existing standards and may result in a cost increase for some projects. 2. The addition of acceptable treatment practices may have positive economic impacts because the additional design flexibility contained in the proposed 2017 VSMM will allow designers greater options. 3. The incorporation of green stormwater infrastructure may have positive economic impacts, because such practices provide options aside from large structural practices such as ponds, which can be costly to construct. 4. Construction of stormwater facilities in conformance with the 2017 VSMM will contribute to the construction-based economy. 5. Compliance with the 2017 VSMM will help restore, maintain, and protect the waters of the State, which provide numerous economic benefits associated with clean water.

Rule Number: 16P052

Stormwater Management Rule for Stormwater - Impaired Waters (Agency of Natural Resources)

NO FULL TEXT AVAILABLE AT THIS TIME (Deadline for Public Comment: Nov 01, 2016)

Summary: Section 22-306(c)(2) of the Stormwater Management Rule for Stormwater-Impaired Waters includes a reference to a specific standard in the Vermont Stormwater Management Manual (VSMM) and therefore, must be amended as part of the rulemaking package to update the 2002 VSMM. In addition to that change, the proposed Stormwater Management Rule for Stormwater-Impaired Waters also includes minor updates to the authority, policy, definitions, exemption, "permit required," and duration of permit sections, consistent with 10 V.S.A. § 1264; updates to Appendices A and B to remove outdated cross references; updates to "effective date" language; updates to the appeals section, consistent with statute; and updates to contact information.