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ESS Regulatory News: MA Clean Energy, NYSDEC Air, RI USTs & More

January 15, 2015

MassDEP Proposes Massachusetts Clean Energy Standard

The Massachusetts Department of Environmental Protection (MassDEP) has proposed regulatory amendments that would implement a Clean Energy Standard (CES) consistent with the Massachusetts Clean Energy and Climate Plan for 2020. The purpose of the CES is to reduce reliance on fossil fuel-fired electric power plants (80% reduction in GHG emissions by 2050) by increasing the use of clean energy to generate electricity.

The deadline for written public comment has been extended until March 23, 2015. Public hearings will be held on:

  • February 9, 2015 at DEP Southeast Regional Office
  • February 9, 2015 at MassDEP Headquarters
  • February 10, 2015 at MassDEP Central Regional Office

stacksNYSDEC Proposes to Repeal and Replace Process Operations Air Regulation

The New York State Department of Environmental Conservation (NYSDEC) has proposed changes to provide a streamlined approach for complying with regulatory standards for air contaminants by adopting a mass emission rate option. The regulation introduces and controls High Toxicity Air Contaminants (HTACs) to the greatest extent possible and establishes a Toxic-Best Available Control Technology (T-BACT) standard for toxic air contaminants produced by unique process operations. The rule also proposes consistent terminology and clarification of the interaction between 6 NYCRR Part 212 and the National Emission Standards for Hazardous Air Pollutants (NESHAPs).

The deadline for written public comment is February 17, 2015.  

f-threatened2015 Massachusetts Ocean Management Plan Released

On January 6th, 2015, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) released its first update to the Massachusetts Ocean Management Plan, the Commonwealth's blueprint for managing development in state ocean waters. Updates to the plan include:

  • Identification of trends in new data for ocean habitats and ecosystem components, human uses, economics, cultural and archeological aspects, and climate change
  • Identification of preliminary offshore wind project transmission corridor routes
  • Advancements in planning for appropriate potential locations for offshore sand areas and the formation of an Offshore Sand Task Force to provide further consultation and recommendations for the potential use of offshore sand for beach nourishment
  • Proposed Ocean Development mitigation fee structure and accompanying guidance for the determination of mitigation fees for ocean development projects

ustImpending Deadline for RI Underground Storage Tanks

The Rhode Island Department of Environmental Management's Rules and Regulations For Underground Storage Facilities Used For Petroleum Products and Hazardous Materials states that single-walled tanks and/or piping installed prior to May 8, 1985 shall be permanently closed by December 22, 2017. In addition, single-walled tanks and/or piping installed between May 8, 1985 and July 20, 1992 shall be permanently closed within thirty-two (32) years of the date of installation. Also, any underground storage tank that has been taken out of active use for more than 180 days without permission is considered abandoned and shall be subject to the closure requirements contained in Rule 13 Closure of these regulations. 


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