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ESS April Regulatory News

April 2014

b-overview-2NPDES 316(b) New Release Date Set for 5/16

The Environmental Protection Agency has postponed the release date of section 316(b) of the Clean Water Act to May 16, 2014. The extra time will allow for continued inter-agency reviews under the Endangered Species Act with the Fish and Wildlife Service and the National Marine Fisheries Service.

Read the full press release.

Proposed MassDEP MCP Regulations Set to Release 6/20
The Massachusetts Department of Environmental Protection (MassDEP) has issued new regulations affecting the cleanup of contaminated sites. These amendments to the Massachusetts Contingency Plan (MCP) will affect assessment and mitigation of vapor intrusion and "Historic Fill" at existing MCP sites and new development sites, change tier classification criteria, create new site closure categories, modify Activity and Use Limitation (AUL) requirements, and add new provisions for Non-Aqueous Phase Liquids (NAPL) and source control.

These proposed amendments will potentially provide more opportunities to achieve permanent site closure than provided for under the current regulations at the following types of sites:   

  • Sites where Light Non-aqueous Phase Liquid (LNAPL) is present above ½ inch
  • Sites containing Historic Fill with concentrations above MCP risk-based standards (possibly without the need for an AUL)
  • Sites where active sub-slab venting systems are operating to control vapor intrusion into on-site buildings

Please contact ESS to discuss whether your site may be eligible to achieve permanent site closure under these upcoming regulations.


MassDEP Proposes Amendments to Fee Regulation Package


MassDEP has submitted proposed regulations for public review that alter the set fee rates and establish new application review schedules for many of the state's environmental programs. Specific changes include new permit fee categories, an adjusted permit review schedule and fee rates, and clearer fee category applicability rules in the following environmental programs:

  • Air Quality
  • Hazardous Waste
  • Solid Waste 
  • Water Supply
  • Watershed Management
  • Water Pollution Control
  • Wetlands and Waterways
  • Waste Site Cleanup

Public hearings will be held on Tuesday, April 22 and Wednesday, April 23 in various locations.

soil-handbookRIDEM Proposes Updates to the 1989 Rhode Island Soil Erosion and Sediment Control Handbook


The Rhode Island Department of Environmental Management (RIDEM) has released proposed updates to the Rhode Island Soil Erosion and Sediment Control (SESC) Handbook. These proposed updates focus on using the most current information and technology on selected management measures. In addition, a measure selection guide has been added, as well as several new sections, including Site Planning and Management, Pollution Prevention and Good Housekeeping, and Bio-engineering measures. The public comment period ends May 6, 2014. 

BOEM Final Rule Extends Time Requirements for OCS Energy Activity Plan Submittal
The Bureau of Ocean Energy Management (BOEM) has released a Final Rule that extends time requirements for submitting a Site Assessment Plan (SAP) or a General Activities Plan (GAP) for renewable energy development on the Outer Continental Shelf (OCS).

Previously 60 days for non-competitive and six months for competitive prospects, the new deadline for SAP or GAP submittal will now be 12 months from lease or grant issuance. 


About ESS Group, Inc.
ESS Group, Inc. is a multi-disciplinary environmental consulting and engineering firm with offices in Massachusetts, Rhode Island, and Virginia. Our team is comprised of scientists, engineers, and environmental specialists who provide full life-cycle engineering and consulting services. For more information, contact us at   This e-mail address is being protected from spambots. You need JavaScript enabled to view it  or subscribe to receive ESS News and Regulatory Updates via email.