Emerging Environmental Legislative and Regulatory Issues in Massachusetts

Thomas Balf 978-281-5020 [email protected]

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.

MBC Tom Balf [email protected]

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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.

MBC Tom Balf [email protected]

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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. MBC Tom Balf [email protected]

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Department of Public Health

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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/105cm r480.pdf

– TAKE AWAY – “Say what you do. Do what you say.” Forward issues and questions to MBC. MBC Tom Balf [email protected]

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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 MBC Tom Balf [email protected]

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