Public Notice: Wetland/Waterway/Water Quality Regulations

Pursuant to M.G.L. c.30A, the MA Department of Environmental Protection (DEP) gives notice of its intent to revise the following regulations under the following statutes: 1) The Massachusetts Clean Waters Act, M.G.L. c.21, 26-53, The Wetlands Protection Act M.G.L. c.131, s. 40:the Waterways Act M.G.L. c.91..

310 CMR 10.00 Wetland Regulations Buffer Zone Minor Activity Exemptions The proposed changes will exempt from the filing requirements under the Wetlands Protection Act certain minor activities related to highway safety operation and maintenance work and utility installation and maintenance work proposed solely in the buffer zone of wetland resource areas. These exempt activities will be added to the existing list of minor exemptions located in the wetlands regulations at 310 CMR 10.02(2)(b). The changes will also provide standards for the specified types of utility maintenance and roadwork that qualify as exempt minor activities and allow for uniform implementation and oversight of these routine activities. In addition, these minor activities will facilitate the Commonwealths efforts in the aftermath of severe weather events to clear roadways and restore utility services, speeding emergency response and recovery. The new regulatory provisions will replace 310 CMR 10.02(2)(b) which includes a sub-section of the regulations commonly referred to as Simplified Review, located at 310 CMR 10.02(2)(b)2 which expired in 2008 pursuant to the sunset provisions of 310 CMR 10.10(12). Limited Project for Renewable Energy Access The proposed regulations allow for variation from general wetlands protection performance standards for the construction of a new access roadway, or the repair and replacement of an
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper

existing access roadway, needed to transport equipment to renewable energy project sites through inland resource areas and for certain coastal resource areas (land subject to coastal storm flowage outside the velocity zone, designated port areas, and fish runs). Such limited projects may be permitted if designed and constructed in a manner that avoids, minimizes and mitigates adverse impacts to resource areas and complies with the specified conditions, to the maximum extent practicable. The streamlined process established by this regulatory revision is consistent with the Commonwealth's priority of promoting and developing renewable energy technologies. Stormwater Management Structures The proposed regulatory revision provides that stormwater management systems designed, constructed, and installed after November 18, 1996, the effective date of the Stormwater Policy, do not create jurisdictional resource areas or Buffer Zone. The revision also provides that this provision include stormwater systems that were improved after November 1996 provided that the improvement complies with the Wetlands Regulations.

Wetland: 310 CMR 10.00 Waterways; 310 CMR 9.00 Water Quality Certification: 314 CMR 9.00 Additional Regulatory Revisions: The proposed regulatory provisions include: (1) changes to streamline the abutter notification requirements in the Wetland Regulations, in response to recently enacted legislation; (2) revisions to the Wetlands Regulations, the 401 Water Quality Certification Regulations, and the Waterways Regulations allowing improvement dredging to maintain a historic navigation channel in an Area of Critical Environmental Concern in accordance with an approved Resource Management Plan; (3) revisions to clarify when a detailed wildlife habitat evaluation is required under the Wetlands Regulations; (4) revisions to streamline the 401 Water Quality Certification regulations by eliminating the need for a variance for certain public water supply improvement projects, ecological restoration projects and infrastructure projects, that propose to discharge fill to certain Outstanding Resource Waters, and (5) modification of some definitions in the Wetlands Regulations (including Aquaculture, Historic Mill Complex and Man-Made Canal, Salt Marsh, and Wildlife Habitat) and the insertion of additional definitions (including: Habitat of Potential Regional and Statewide Importance; Primary Dune and Velocity Zone). The revisions and associated regulation citation are set forth below: Combined Applications and Combined Permits: The proposed regulation changes are designed to allow proponents to file combined applications (Combined Applications) and allow MassDEP to issue combined permits (Combined Permits). The proposed regulatory amendments to 310 CMR 9.00, 310 CMR 10.00 2

and 314 CMR 9.00 create streamlined permitting mechanisms for the review and permitting of projects subject to multiple and different regulatory requirements. The revisions will allow certain projects to be filed as a Combined Application and receive a Combined Permit from MassDEP for as many as three separate required permits. In many circumstances, MassDEP may issue a Combined Permit only under Chapter 91 and the 401 Water Quality Certification Regulations, because the revisions preserve the authority of conservation commissions to approve projects under the Wetlands Protection Act.

Ecological Restoration Projects The proposed regulations establish a general permit mechanism for streamlining the permitting process for qualifying projects. The general permit contains standard conditions which makes the permitting process more predictable and consistent for qualified restoration projects. The proposed amendments create a general permit for six categories of qualifying ecological restoration projects, including: 1. dam removal; 2. freshwater culvert repair or replacement; 3. culvert replacement to eliminate or reduce tidal restrictions; 4. stream daylighting; 5. restoration of rare species habitat; and 6. improvement of fish passage. The regulations exempt certain ecological restoration projects from provisions of 401 Water Quality Certification 9.00 and current regulation from the requirement to obtain a license or permit under M.G.L. c 91. The regulations require proponents of all ecological restoration projects to address the major environmental impacts of their projects prior to permit submittal Including the mandate that all new and replacement stream crossings projects comply with the Stream Crossing Standards. The regulations also allow for the dredging, disposal, reuse, and placement of fill within an ACEC in connection with an ecological restoration project.

Permitting of Test Projects: The proposed regulation changes will provide a clear and simplified permitting pathway for short-term tests of innovative technology in jurisdictional areas. Presently, none of the regulations at 310 CMR 9.00, 310 CMR 10.00, or 314 CMR 9.00 provide any provisions for the testing of new technology, including the short-term placement of temporary installations. Such projects must be permitted through standard permitting procedures, which include documenting the anticipated impacts of the project and demonstrating that the project will comply with the performance standards established for all structures. These proposed 3

regulations acknowledge that in the absence of certain data necessary to demonstrate that a new technology will comply with performance standards, permitting authorities are provided the latitude to condition projects to require monitoring of impacts of the new technology during the test and the authority to order project modification, cessation, and site restoration if unforeseen impacts arise. Public hearings on the proposed changes will be conducted at the Department's Boston and regional offices as follows:

April 1, 2013 Time: 10:00 12:00 Southeast Regional Main Office 20 Riverside Drive, Lakeville, MA 02347 March 28, 2013 Time: 10:00 12:00 Northeast Regional Office 205B Lowell Street Wilmington, MA 01887

April 3, 2013 Time: 10:00 12:00 Cape Cod Community College - Theatre 2240 Lyannough Rd West Barnstable, MA 02668 April 16, 2013 Time: 10:00 12:00 Boston Office 2nd Floor Conference Rooms One Winter Street Boston, MA 02108

April 11, 2013 Time: 10:00 12:00 Western Regional Office 436 Dwight Street Springfield, MA 01103

March 22, 2013 Time: 10:00 12:00 Central Regional Office 627 Main Street Worcester, MA 01608

MassDEP Public Notice of Proposed Regulatory Changes Wastewater Programs

Pursuant to M.G.L. c.30A, the MA Department of Environmental Protection (DEP) gives notice of its intent to revise the following regulations under the following statutes: 1) under the MA Clean Waters Act, M.G.L. c.21, 26-53 (CWA): 314 CMR 2.00, Permit Procedures; 314 CMR 4.00, Massachusetts Surface Water Quality Standards; 314 CMR 7.00, Sewer System Extension and Connection Permit Program; 314 CMR 12.00, Operation and Maintenance and Pretreatment Standards For Wastewater Treatment Works and Indirect Dischargers; 2) under CWA, M.G.L. c. 21A, 2(28) and M.G.L. c. 111, 160: 310 CMR 32.00, Land Application Of Sludge and Septage; 3) and under M.G.L. c. 21A, 13: 310 CMR 15.000, The State Environmental Code, Title 5: Standard Requirements For The Siting, Construction, Inspection, Upgrade And Expansion Of On-Site Sewage Treatment And 4

Disposal Systems And For The Transport And Disposal Of Septage. The Board of Certification of Operators of Wastewater Treatment Facilities within DEP gives notice of its intent to revise, under M.G.L. c. 21, 34A and 34B, 257 CMR 2.00, Certification Of Operators Of Wastewater Treatment Facilities. The draft revisions are summarized below. 314 CMR 2.00 Provide for newspaper public notice by EPA of jointly issued major surface water discharge permits and EPA website public notice for all surface water discharge permits; eliminate the requirement that minor discharge permit applicants publish newspaper notice of their draft permit; require DEP to post on its website a list of draft surface water discharge permits available for public comment with a link to EPAs website for related documents; replace newspaper public notice of groundwater, sewer and reclaimed water permits with Environmental Monitor notice by the applicant; state DEP will publish on its website a list of permits undergoing public review and comment; state DEPs authority to withdraw a draft permit and terminate a permit at the permittees request; require public notice to include intervention information; state that submitting false, inaccurate or misleading information is a violation of 314 CMR 2.00; make minor revisions to reorder sections and clarify language. 314 CMR 4.00 - Based on site specific analysis, replace copper criteria for 12 water segments and zinc criteria for one segment with protective, but less stringent, site specific criteria. 314 CMR 7.00 - Eliminate DEP permit requirements for connections to and extensions of public sewer systems. Transfer some provisions from these regulations to 314 CMR 12.00. 314 CMR 12.00 - Add certain requirements from 314 CMR 7.00, which require municipalities to: have an I/I identification and elimination program as part of operation and maintenance procedures, conduct sewer system evaluations to identify areas where low capacity could lead to overflows, develop offset programs for systems with chronic overflows/problem areas; add sanitary sewer overflow reporting requirements and pretreatment standards for industrial discharges from 314 CMR 7.00. 310 CMR 15.000 - Eliminate DEP approval of the following systems when local boards of health issue the same approvals: installation of recirculating sand filters or equivalent alternative technology in nitrogen sensitive areas, nitrogen aggregation plans, tight tanks, shared systems, variances; authorize DEP to contract out administration of alternative systems approvals; eliminate requirement for DEP involvement in determinations of whether facilities asserted to be in separate ownership are a single facility; state that DEP may allow wastewater containing wastes from activities listed under Title 5 Standard Industrial Classification Codes to be discharged to a Title 5 system if DEP determines the waste constituents are the same as sanitary sewage; expand eligibility criteria to qualify as a soil evaluator; set new violations for: failure to submit soil evaluation and inspection forms to the approving authority, failure to provide information required by the approving

authority, making false, inaccurate or misleading statements in submitted documents; reduce design flow for one-bedroom elderly housing units to 110 gallons/day. 310 CMR 32.00 - Create a presumptive approval process for renewal of Type I suitability approvals for land application of wastewater sludge, allow issuance of suitability approvals for up to a five year term. 257 CMR 2.00 - Modify the certified operator exemption for treatment facilities of 100 gallons/ day or less to remove the requirement that such facilities conduct treatment in batches of two liters or less. Public hearings on the proposed changes will be conducted at the Department's Boston and regional offices as follows: April 1, 2013 Time: 1:00 3:00 Southeast Regional Main Office 20 Riverside Drive, Lakeville, MA 02347 March 28, 2013 Time: 1:00 3:00 Northeast Regional Office 205B Lowell Street Wilmington, MA 01887 April 3, 2013 Time: 1:00 3:00 Cape Cod Community College - Theatre 2240 Lyannough Rd West Barnstable, MA 02668 April 16, 2013 Time: 1:00 3:00 Boston Office 2nd Floor Conference Rooms One Winter Street Boston, MA 02108 April 11, 2013 Time: 1:00 3:00 Western Regional Office 436 Dwight Street Springfield, MA 01103

March 22, 2013 Time: 1:00 3:00 Central Regional Office 627 Main Street Worcester, MA 01608