Tom Mackie and Peter Durning were honored to be a part of the Boston Bar Association and Environmental Business Council of New England’s co-sponsored program on February 15, 2018 welcoming the new EPA Regional Administrator, Alexandra Dunn.
Tom, Chair of the EBC, gave opening remarks welcoming over 200 guests from the legal and environmental consulting community to the event.
Peter, the Co-Chair of the BBA’s Energy and Environmental Law Section, provided closing remarks and a sincere thank you to Regional Administrator Dunn, following a 40-minute presentation and a robust question and answer period.
In her speech, Alex Dunn stressed the need to address core water quality concerns by focusing on nutrients in stormwater, stormwater runoff, and water infrastructure projects. She also outlined other initiatives for her tenure as Regional Administrator, including emerging contaminants, environmental justice, interstate air shed issues, and finally closing out and potentially redeveloping the remaining Superfund sites in New England.
MassDEP has proposed an omnibus package of air pollution control regulations at 310 CMR 7.00 that should be promulgated this Spring. The amendments cover applicability of Plan Approvals for GHG and CO2 at new and existing facilities; establish exemptions; and include updates to match EPA requirements for lead emissions, VOC RACT, NOx RACT, and a NOx Ozone Season budget.
The proposed air regulations provide much needed timelines and procedures for requesting adjudicatory appeals of air decisions. Who has standing to appeal, and when and how to appeal air permits was the subject of several MassDEP adjudicatory hearing and Superior Court decisions. The regulations now define “aggrieved person.” The “date of issuance” is the date the decision is sent to the applicant. Importantly, a copy of the decision must be posted on the MassDEP’s website in order to notify people when the 21-day appeal period begins. Ten person groups have a right to request an adjudicatory hearing, provided they have submitted comments during the public comment period on a pending permit application for air emission sources that emit 10 tons or greater of regulated pollutants, and only on issues relating to damage of the environment.