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Regulatory Reform at MassDEP BRP Public Hearing proposals

Regulatory Reform at MassDEP BRP Public Hearing proposals. Background. MassDEP 2002. MassDEP 2011. To strategically cope with budget cuts Think and act differently given the current budget constraints Position the agency to meet the challenges of the future

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Regulatory Reform at MassDEP BRP Public Hearing proposals

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  1. Regulatory Reform at MassDEP BRP Public Hearing proposals

  2. Background MassDEP 2002 MassDEP 2011 • To strategically cope with budget cuts • Think and act differently given the current budget constraints • Position the agency to meet the challenges of the future • Bottom line: Regulatory Reform is a high priority in the Commonwealth and MassDEP.  • State budget cuts begin • MassDEP budget significantly reduced in the following years • Disinvestments in program functions • MassDEP staff cut from 1,200 full time equivalents to approximately 800 (current numbers)

  3. Moving towards promulgation • Public process with stakeholder groups and public comment period on draft Action Plan • Final Action Plan March 2012. On the Website: http://www.mass.gov/dep/about/priorities/regreform/actionplan_final.htm • Draft regulations now in public comment period until May 10th

  4. Principles for selecting reforms • No weakening of environmental standards • No need to increase staff • No legislative changes needed

  5. Principles for selecting reforms • No transfer of responsibilities to municipalities • No changes to the work driven by our federal obligations

  6. Overarching Themes • Eliminate duplicative approvals • Create consolidated permits • No reduction in public process or appeal opportunities • Create incentives for better environmental outcomes • Any proposed reduction in direct staff oversight is accompanied alternative oversight methods and tools (audits, screening plans, random inspections, etc. )

  7. Wetlands and Waterways Changes Permit Consolidation for coastal/dredging projects Single Application / Permit for WPA, 401, and c.91 General permit for ecological restoration projects: GERPOC For example: dam removal, stream daylighting, shellfish habitat restoration, fish passage, removing tidal restrictions (WPA) • Exemption for “resources” created by stormwater • management structures • Promotes O & M for existing structures • Filing requirements will apply to new structures proposed within resource areas.

  8. Wetlands Protection Changes • Incentivize preservation of Buffer Zone • Consensus not reached on content of General Permit for outer 50 feet • Adding new language to minor exemptions section related to • utility installation and maintenance and • disaster repair and recovery • roadway maintenance

  9. Wetlands Protection Changes Limited Project status for Renewable Energy Projects under WPA: Access roads Test Projects: A regulatory path for piloting new water dependent technologies (renewable energy technologies and others) WPA, Chapter 91 and 401

  10. Additional Changes • To Wetlands, Waterways and 401 regulations • Abutter notification (WPA) • Improvement Dredging within ACECs (WPA and 401) • Wildlife Habitat Evaluations (WPA) • Stream crossing standards • Wetlands changes to definitions • Eliminating variance requirement in ORW’s for certain public projects (401)

  11. Waterways - Chapter 91 Changes • Coordinating the license issuance process with MEPA: timing for this pathway is adjusted. • Allows c. 91 review to start during MEPA process • General License for small docks and piers • Statutory amendment • Eligibility criteria for inland and coastal docks • Certification process created for coverage

  12. Wastewater Changes • Simplify public notice provisions for wastewater • permitting under 314 CMR 2.00 • Align state process with EPA’s NPDES public notice practice • Rely on web postings for draft NPDES/Surface water discharge permits • Eliminate newspaper publication requirement for sewer, groundwater and reclaimed water permits • Rely on Environmental (MEPA) Monitor to centralize public notice for draft permits • MassDEP will post on its web page a list of draft permits and fact sheets that are on public notice. For NPDES permits DEP will provide a link to EPA’s web page

  13. Wastewater Changes • Title 5: Eliminate duplicative permitting – Rely • on BOH approvals currently being issued for: • Nitrogen Aggregation Plans, Recirculating sand filters in nitrogen sensitive areas, Variances, Tight tanks and Shared Systems. Title 5: Allow for delegation to a third party to perform technology specific evaluations for Innovative and alternative septic system technologies. Site specific approvals continue to be required.

  14. Wastewater Changes Board of Certification of WWTP operators 257 CMR 2.00: • Eliminate the existing requirement for “batch treatment of two liters or less” where treatment consists of neutralizing less than 100 gallons per day. In these situation a certified operator would not be required.

  15. Wastewater Changes • Elimination of Sewer Connection/Extension Permitting 314 CMR 7.00) AND • Modification of Operation and Maintenance of Wastewater • Treatment Facilities Regulations (314 CMR 12.00) to require : • Infiltration and Inflow identification and elimination plans • Sewer System evaluations of capacity and SSO history • Offset programs where needed/required • Sections moved from 314 CMR 7.00 to 12.00: industrial pretreatment standards, sewer over flow notification requirements

  16. Wastewater Changes • Presumptive Approval for Residuals: • Land Application of sludge and septage 310 CMR 32.00 • Create presumptive renewal mechanism for Type I sludge approvals – for materials meeting standards, in compliance, and where no process changes are planned. • Lengthen permissible approval term from 2 years to 5 years.

  17. Wastewater Changes • Water Quality Standards: Site Specific Criteria (Table 28) • 314 CMR 4.00 • Site Specific Copper and Zinc criteria for 12 water body segments - based on site specific studies.

  18. Please comment on draft regulations! Public notice versions of draft regulatory changes are on the MassDEP website: www.mass.gov/dep/water/approvals/2012_rr.htm • Public Comment period open until May 10, 2013. • Email to DEP.talks@state.ma.us • Mail to: MassDEP, One Winter Street Regulatory Comment Box, 5th floor, Boston, MA 02108 • Final promulgation completed by end of the year (hopefully summer 2013)

  19. MassDEP Regulation Reform Public Hearing ScheduleSession 1Wetlands/Waterways/Water Quality Certification: 10:00-12:00 NoonSession 2:Wastewater Program: 1:00-3:00 PM March 22, 2013 MassDEP - Central Regional Office 627 Main StreetWorcester, MA 01608 April 1, 2013 MassDEP – Southeast Regional Office20 Riverside Drive, Lakeville, MA 02347 April 11, 2013 MassDEP – Western Regional Office436 Dwight StreetSpringfield, MA 01103 INFORMATION SESSION: APRIL 22, 2013 , 10am at BOSTON HEADQUARTERS March 28, 2013 MassDEP - Northeast Regional Office 205B Lowell StreetWilmington, MA 01887 April 3, 2013 Cape Cod Community College - Theatre 2240 Lyannough Rd West Barnstable, MA 02668 April 16, 2013 MassDEP - Boston2nd Floor Conference RoomsOne Winter StreetBoston, MA 02108 INFORMATION SESSION – NERO April 10, 2013 10am - 1

  20. Thank you!

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