Environmental Monitor – Statewide – 2008

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Massachusetts Best Management Practices and Guidance for Freshwater Mosquito Control
EEA 5027

Submitted November 10, 2008
Update to General Environmental Impact Report – No link given in the Environmental Monitor!
comments now due 12/30/08

For copies: Alisha Bouchard (617) 626-1715
MEPA Analyst: Nicholas Zavolas (617) 626-1030

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Mercury Management Act –

Notice of Public Hearings and Comment Period (pdf) – comments due 11/24/08

The proposed regulations and public hearing schedule are available on MassDEP’s web site at
http://www.mass.gov/dep/public/publiche.htm
If you have questions or would like any additional information at this time, please contact
Lori Segall at 61 7-654-6595.

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Infiltrator System, Inc. – 9/24/08

Notice of Innovative Technology Application (pdf)

The application proposes the use of alternative standards for the following provision in Title 5:
1 . 310 CMR 15.228(2) requires that septic tank shall have three manholes. INFILTRATOR
polyethylene septic tanks have two manholes only.
2. 3 10 CMR 15.224(4) requires that two compartment septic tank shall have interconnected
by a minimum four inch vented, inverted U-shaped pipe which extends below the bottom
of the scum layer. INFILTRATOR polyethylene two compartment septic tanks do not
have those requirements.
3. 3 10 CMRl5.223(2) requires that the liquid depth of the tank, measured from the outlet
tee invert to the tank bottom, shall be a minimum of four feet. INFILTRATOR
polyethylene septic tanks have 39.75inches of liquid depth only.

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Notice of Public Hearings, re: Proposed Amendments to Proposed Streamlining of Air Permit Regulations – 9/10/08

Submitted September 10, 2008
Notice of Public Hearings, re: Proposed Amendments to Proposed Streamlining of Air Permit Regulations

Public hearing:
October 8, 10:00 AM Room B42
Department of Environmental Protection
436 Dwight Street
Springfield, MA

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Notice of Issuance of National Pollutant Discharge Elimination System (NPDES) General Permit – 8/27

Submitted August 27, 2008
Notice of Issuance of National Pollutant Discharge Elimination System (NPDES) General Permit (pdf)

The Environmental Protection Agency, New England, intends to issue the NPDES general permit for
dewatering activity discharges in the Commonwealth of Massachusetts and the State of New Hampshire.
Contact Todd Callaghan 617-626- 1233.

Send hard copies of your comments to Rohert.Boeri@state.ma.us.
Anyone having technical questions regarding a particular project should contact the reviewer listed at the end
of each notice. Anyone having questions regarding the public comment process, or having comments
on any project listed should contact:
Rohcrt L Boen, Project Review Coordinator
Massachusetts Office of Coastal Zone Management
251 Causeway Street, Suite 800
Boston, MA 02114
617-626-1050

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Notice of Proposed Revisions to the Clean Water State Revolving Fund (CWSRF) Loan Program Regulations at 301 CMR 44.00 – 8/27

Submitted August 27, 2008
Notice of Proposed Revisions to the Clean Water State Revolving Fund (CWSRF) Loan Program Regulations at 301 CMR 44.00 (pdf)

The Department will hold a public hearing to accept comments on the proposed
revisions on Wednesday September 10, 2008, from 1 p.m. to 3 p.m. at the
Department’s offices at One Winter Street Boston, MA 02108. The Department will
accept verbal and written comments at the hearing. Those intending to provide verbal
comments at the hearing also are requested to submit a written copy of their comments.
The Department will accept written comments until 5.00 p.m. on September 12, 2008.
‘The proposed revised regulations are available on the Department’s website:
http://mass.gov/dep. Questions regarding the hearing and comments on the
proposed revisions should be directed to Steven McCurdy, Director of Municipal
Sewices, Department of Environmental Protection, One Winter Street, 51h Floor, Boston,
MA 02108, (61 7) 292-5779.

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Notice of Technical Assistance Grant (TAG) 2009 Funding Priority List – 8/27

Notice of Technical Assistance Grant (TAG) 2009 Funding Priority List (pdf)
One recipient in Deerfield

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Notice of Public Hearings on Mass. Highway Dept. Vegetation Management Plan – 8/6

Submitted August 6, 2008
Notice of Public Hearing (pdf)
(none in Berkshire County, but some in the Connecticut River Valley)

Thursday, August 28,2008: MassHighway District 2 Headquarters, 811 North King Street, Northampton,
10:30 AM-12:30 PM

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Notice of Public Hearings, re: Annual Update and Status of Transit Projects – 8/6

Submitted August 6, 2008

DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF WASTE PREVENTION
DNISION OF CONSUMER AND TRANSPORTATION PROGRAMS
NOTICE OF PUBLIC MEETINGS

Notice is hereby given that the Massachusetts Department of Environmental Protection
(MassDEP), under its authority pursuant to M.G.L. Chapter 11 1, Sections 142A through 142M, will hold two public meetings pursuant to subsection (7) of 310 CMR 7.36, the Transit System Improvements regulation.

The public meetings will be conducted to receive public comment, both oral and written, on the annual update and status report for transit projects (pdf) required by 310 CMR 7.36 (2) (f) through (j). The Executive Office of Transportation and Construction submitted the update and status report to MassDEP on July 1, 2008.

Other relevant documents can be found on the EOT website.

The public meetings will be held:
On: Monday, September 8,2008 – 2:00 PM and
Monday, September 8,2008 – 5:00 PM
At: Washington Street Conference Center, 2nd Floor, Rooms A, B, & C
MassDEP
One Winter Street
Boston, Massachusetts 02108

The public meeting site is wheelchair accessible. This information is available in alternative format upon request by contacting Donald M. Gomes. DEP’s ADA coordinator, at (61 7) 556-1057. TDD Service 1-800-298-2207, One Winter Street, Boston, MA 02108.

Testimony may be presented orally and/or in writing at the public meetings. Written testimony will be accepted until 5:00 p.m. on September 12,2008. Written testimony must be submitted to: Kate Fichter, Executive Office of Transportation, Office of Transportation Planning, Room 4150, Ten Park Plaza, Boston, MA 02116.

Copies of the update and status report will be available for inspection during normal business hours at the State Transportation Library, Ten Park Plaza, Boston, MA and at MassDEP. One Winter Street, Boston, MA. In addition, the report will be available on EOT’s website at:http://www.eot.state.ma.us/
By order of the Department.
Laurie Burt, Commissioner

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New Regulations for Public Benefit Determinations and Proposed Amendments to the MEPA Regulations
July 23, 2008

The Executive Office of Energy and Environmental Affairs is proposing to promulgate new regulations at 301 CMR 13.00 (Public Benefit Determination Regulations) to implement changes made in St. 2007, c. 168 (Chapter 168) which was enacted in November of 2007. A summary of the Public Benefit Determination Regulations is provided. EEA is also proposing to amendments to the MEPA regulations to incorporate changes made in Chapter 168, as well as changes addressing the Rare Species thresholds for review and the distribution of MEPA documents. Details regarding the comment period and public hearing are provided in the Public Notice.

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Distribution Requirements for Projects Subject to the GHG Emissions Policy

For projects that are subject to the GHG Emissions Policy, in addition to filing and circulation requirements as noted at 301 CMR 11.16, copies of all MEPA submissions should be sent to:

Department of Environmental Protection
Attention: Nancy Seidman
One Winter Street
Boston, MA 02114

Department of Energy Resources
Attention: Meg Lusardi
100 Cambridge Street, Suite 1020
Boston, MA 02114

Greenhouse Gas Emissions Policy and Protocol

EEA has released the final version of the Greenhouse Gas (GHG) Emissions Policy & Protocol, which can be viewed here. The Policy will apply to ENFs and EENFs submitted after the June 30, 2008 submission deadline if the Project is subject to the Policy.

EEA has also issued a Response to Comments document for public comments that were received on the Draft GHG Policy and Protocol. This document can be viewed here: Draft GHG Policy and Protocol Response to Comments.

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NPDES construction general permit/CGP – FEDERAL CONSISTENCY REVIEW NOTICE

The Massachusetts Office of Coastal Zone Management (CZhT) is reviewing the proposals listed below for
consistency with its enforceable program policies. Project proponents have filed a statement and
accompanying information with the CZM Office certifying that their proposal is consistent with these
policies. This information is available for public inspection at the CZM Office. Written comments may be
submitted to the CZM Office within twenty-one days of the publication date of this Environmental Monitor (6/11/08) as otherwise noted below. To submit comments electronically, send an e-mail to Robert.Boeri@state.ma.us.

Anyone having technical questions regarding a particular project should contact the reviewer listed at the end
of the notice below-. Anyone having questions regarding the public comment process, or having comments
on any project listed below should contact:
Robert L. Boeri, Project Review Coordinator
Massachusetts Office of Coastal Zone Management
251 Causeway Street, Suite 800
Boston, MA 02114
617-626-1050

The United States Environmental Protection Agency is proposing to renew the NPDES permit Eor
Storm Water Discharges associated with construction activity (construction general permit/CGP). Contact
Todd Callaghan. 617-626-1233.

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Snow and Ice Control Program – Statewide
EEA #11202

ESPR Work Plan

Issued June 13, 2008
Secretary’s Certificate (pdf)
Adequately and properly complies with MEPA

For copies Henry Barbaro (617) 973-7419
MEPA analyst William Gage (617) 626-1025

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Public Notice of Extension of Comment Period Ground Water Discharge Permit Program

The Massachusetts Department of Environmental Protection gives notice of its extension of the public
comment period for its proposed revisions to the following regulations: 314 CMR 2.00, Permit
Procedures; 314 CMR 5.00, Ground Water Discharge Permit Program; and 314 CMR 12.00, Operation
and Maintenance and Pretreatment Standards For Wastewater Treatment Works and Indirect
Dischargers; rescind 314 CMR 6.00, Ground Water Quality Standards; and adopt new regulations, 314
CMR 20.00, Reclaimed Water Permit Program and Standards. MassDEP takes this action pursuant to
the Massachusetts Clean Waters Act, M.G.L. c.21, 5526 through 53.

The proposed revisions are available on the Department’s website. Public notice of hearings and the initial comment period on the proposed revisions, which was to close on May l2, 2008, was published in the Environmental Monitor of April 9, 2008. The Department now extends the comment period and will accept written comments on the proposed revisions until 5.00 p.m. on June 11, 2008. Written comments should be submitted to Glenn Haas at Mass Department of Environmental Protection, One Winter Street Boston, MA 02108.

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Notice of Public Hearings re: Proposed Amendments to Air Quality Regulations (pdf) at 310 cMR 7.00 – statewide

A new section to the Air Pollution Control Regulations, 3 10 CMR 7.26(50) through (54) is proposed to
address outdoor hydronic heaters, also known as outdoor wood boilers, installed after the effective date of
these proposed regulations and to address the operation of outdoor hydronic heaters installed before the
effective date. The proposed regulations have requirements for manufacturers, sellers and owners of
outdoor hydronic heaters.

Monday, June 23,2008 – 5:00 pm
Lenox Town Hall
6 Walker St.
Lenox, Massachusetts

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Integrated MEPA/Permitting Review – statewide

July 23, 2008
Integrated MEPA/Permitting Review Policy Finalized
The final version of the Integrated MEPA/Permitting Review Policy is now available.

BEAT comment – not only do we still believe this prevents meaningful opportunity for the public to comment until after regulators and the proponents have already decided everything, we are shocked that the last line of this document says that “MEPA expects to publish a written evaluation of that review in the Environmental Monitor.” Expects???? How about will. Not to mention that the state started acting under this new policy before they issued the finalized version.

submitted January 23, 2008
Notice of Public Comment for Integrated MEPA/Permitting Review (pdf)

In 2008, and after receiving public comment, the MEPA office within the Executive Office of Energy and Environmental Affairs shall commence a new pilot program in which certain projects are subject to an integrated MEPAI permitting review For purposes of the pilot program, integrated review will be reserved for projects that have characteristics deemed consistent with stated public policy goals or projects for which integrated review would seem to offer particular public policy benefits.

“Integrated review” means using MEPA as the principal decision-making tool for land use permitting at the state level. Integrated review is intended to make MEPA an integral part of permitting, rather than a separate process that precedes permitting.

BEAT’s comment is that this appears to radically change the MEPA process from a process to make all environmentally relevant information available for the regular decision making process, to a new decision making process that circumvents early public participation. In fact, if we are reading this correctly, the public would not get word of a project until AFTER the scope of the Draft Environmental Impact Report was ALREADY DETERMINED!

Comments should be sent to:

Ian A. Bowles, Secretary of Environment and Energy
Attn: MEPA Office,Deerin Babb-Brott
100 Cambridge Street, Suite 900
Boston MA 02114

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Massachusetts Turnpike Authority

Department of Agriculture – Notice of Receipt of a Yearly Operational Plan for the Massachusetts Turnpike Authority to use herbicides along the Mass Pike.

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Notice of Public Hearing to delist or change the status of several species on the Massachusetts Endangered Species List – Greenfield (As far as BEAT knows, this will be the closest meeting to the Berkshires.)

Natural Heritage proposes delisting the 4-Toed Salamander and changing several other species status.

The Massachusetts Department of Fish and Game, Division of Fish and Wildlife has filed a Notice of Public Hearing to delist or change the status of several plants and animals on the Massachusetts Endangered Species List.

Wednesday, May 21,2008,
at 3:00 P.M.
at the Downtown Campus, Greenfield Community College, 270 Main Street, Greenfield, Mass.

See the list of proposed (pdf) changes.

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Notice of Availability of Proposed Massachusetts Year 2008 Integrated List of Waters

Notice (pdf) published in Environmetnal Monitor April 23, 2008

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Notice of Public Comment for Integrated MEPA/Permitting Review – statewide

Notice of Public Comment for Integrated MEPA/Permitting Review (pdf)
submitted January 23, 2008

In 2008, and after receiving public comment, the MEPA office within the Executive Office of Energy and Environmental Affairs shall commence a new pilot program in which certain projects are subject to an integrated MEPAI permitting review For purposes of the pilot program, integrated review will be reserved for projects that have characteristics deemed consistent with stated public policy goals or projects for
which integrated review would seem to offer particular public policy benefits.

“Integrated review” means using MEPA as the principal decision-making tool for land use permitting at the state level. Integrated review is intended to make MEPA an integral part of permitting, rather than a separate process that precedes permitting.

BEAT’s initial comment is that this appears to radically change the MEPA process from a process to make all environmentally relevant information available for the regular decision making process, to a new decision making process that circumvents early public participation. In fact, if we are reading this correctly, the public would not get word of a project until AFTER the scope of the Draft Environmental Impact Report was ALREADY DETERMINED!

Comments should be sent to:

Ian A. Bowles, Secretary of Environment and Energy
Attn: MEPA Office,Deerin Babb-Brott
100 Cambridge Street, Suite 900
Boston MA 02114

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Greenhouse Gas Emissions Policy and Protocol

EEA has released the final version of the Greenhouse Gas (GHG) Emissions Policy & Protocol, which can be viewed here. The Policy will apply to ENFs and EENFs submitted after the October 31, 2007 submission deadline if the Project is subject to the Policy.

EEA has also issued a Response to Comments document for public comments that were received on the Draft GHG Policy and Protocol. This document can be viewed here: Draft GHG Policy and Protocol Response to Comments. BEAT was one of the commenters.

Submitted 12/24/07
Notice of Public Comment Period, re: Greenhouse Gas Expendable Trust (pdf)

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Massachusetts Highly Destructive Invasive Species Draft Response Plan

Submitted 12/10/07

Notice of Public Review and Comment Period for Massachusetts Highly Destructive Invasive Species Draft Response Plan

The Massachusetts Department of Conservation and Recreation (DCR) and Department of Agricultural Resources (DAR) are releasing the draft “Massachusetts Highly Destructive Invasive Species Draft Response Plan” for public review and comment.

The document is available for review on the DCR forestry website.

For a hard copy of the document, please contact Patricia Dickhaut at 617-626-1459.

Public comments will be evaluated and assessed to develop the final “Massachusetts Highly Destructive Invasive Species Draft Response Plan” which will be posted on the DCR website’s Forestry web page.

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Proposed amendment to the Waterways Regulations

Submitted 12/10/07

Notice of a Public Hearing, re: Proposed Amendments to the Waterways Regulations (pdf)

BEAT comment: These proposed changes reduce citizens rights to be involved in the process. People from many towns may use any given body of water. It is wrong to require 5 of the 10 citizens in any given 10 citizen group to be from the town that the water body is located in. Please submit comments asking that citizens’ rights not be taken away like this!

New sections to the Waterways Regulations, at 3 10 CMR 9.17, and to the Adjudicatory Proceedings Regulations, at 1 .01(7)(f), are proposed to require that a 10-person appeal groups document that at least 5 in the group reside in the same community as the project requirements.

Changes to the Waterways Regulations at 9.12 and 9.32 address the water-dependency of Renewable Energy projects; changes at 9.13, 9.14, 9.17 9.34 and 9.54 address participation by the MA Coastal Zone Management Office; changes at 9.32, 9.07 and 9.10 address eligibility for licensing existing structures within Areas of Critical Environmental Concern. There are also revisions for clarification purposes proposed in the following sections: 9.10, 9.1 1, 9.13,9.16, 9.17, 9.18, 9.21, 9.33, 9.35 and updating agency names where they occur in the regulations.

In March 2007, Governor Deval L. Patrick announced new initiatives to improve the efficiency and effectiveness of environmental regulation in Massachusetts without compromising environmental protection. The proposed amendments are part of that commitment and are the result of a wide-ranging review the Chapter 91 permitting process kicked off in the spring.

Copies of the proposed regulations and background information will be available for inspection during normal business hours at: the MassDEPIWaterways Program, One Winter Street, Boston,
the four regional offices of MassDEP and MassDEP’s web site .

BEAT comment: These proposed changes reduce citizens rights to be involved in the process. People from many towns may use any given body of water. It is wrong to require 5 of the 10 citizens in any given 10 citizen group to be from the town that the water body is located in. Please submit comments asking that citizens’ rights not be taken away like this!

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GEIR Update for Massachusetts Best Management Practices and Guidance for Freshwater Mosquito Control

EEA# 5027
submitted 12/10/07 by the State Reclamation and Mosquito Control Board of the Department of Agriculture.

Among other things, the Board is requesting to change from annual review to every 5 years. Here is one paragraph from the 29 page General Environmental Impact Report (pdf):

The Board respectfully requests that the expectation and recommendation to provide
annual updates to the GEIR be replaced with the SRP. The Board does not believe that
annual updates best serve our mandate or the Secretary’s objectives. For example,
advances landlord changes in mosquito control, technology, and pesticides can take
time and do not necessarily f i t an annual schedule. Instead, the Board proposes, in
concept, to file documents of significance at a minimum of every 5 years or as
needed. We believe this schedule is reasonable and will adequately keep pace with
advanceslchanges in the science of, and maintain both an effective and
environmentally sound management approach to, mosquito control.

Comments were due 1/23/08

MEPA analyst, Nicholas Zavolas, (617) 626-1030

Nicholas Zavolas, MEPA Office
EEA# 5027
Executive Office of Energy & Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114

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National Grid USA Service Co., Inc.

Submitted 12/10/07 to the MA Department of Agriculture
Notice of Submission of a Yearly Operational Plan (pdf)

Comments were due Wednesday, January 23, 2008

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