|
The Massachusetts Department of Environmental Protection (MassDEP) is seeking public comment on a Draft Action Plan for Regulatory Reform. The Draft Action Plan stems from MassDEP's attempt to deal with their significant budget and staffing cuts since 2002 and concurrent increase in environmental regulatory responsibilities. Due to resource constraints across all government agencies including MassDEP, the governor and legislature have made regulatory reform a priority in Massachusetts.
GEC believes that, for many of our clients, this will streamline the permitting process, and since time equals money, it will save money. However, in some cases, MassDEP is shifting the responsibility increasingly onto applicants, some of whom may lack the needed expertise. In addition, some or all fees may increase, with the applicant receiving less for the money.
Since April 2011, MassDEP has conducted a comprehensive review of its regulations, policies and practices to identify areas where less direct MassDEP staff oversight is needed. Based on this review, MassDEP is proposing specific targeted regulatory reforms in the following five areas:
1. Wetlands, Waterways and Coastal Resources
a. Coastal and Dredging Programs: MassDEP will establish one application for permits under the Wetlands Protection Act, Chapter 91 and 401 Water Quality Certifications (WQC). In some cases, MassDEP will establish conditions in which some projects are "Adequately Regulated" under one regulatory program.
b. Chapter 91 Licensing: Proposed changes include: (1) revise restrictions on timeframes so that Chapter 91 licenses can be issued prior to completing MEPA reviews or obtaining a Wetlands Order of Conditions; (2) develop a written policy for license terms for non-water dependent uses; and (3) create a general license for non-commercial small-scale docks and piers (already done).
c. Wetlands: MassDEP will assign Wetland Protection Action file numbers immediately upon submittal of a Notice of Intent (NOI) to a Conservation Commission. MADEP will limit its review of NOIs to Superseding Orders of Conditions and where particularly sensitive resources exist. A general permit will be established for work conducted in the outer 50 feet of the buffer zone of inland wetlands. MassDEP also plans to create regulatory exemptions for wetland resource areas created by stormwater management structures.
d. Wetlands: MassDEP is working with the Department of Fish and Game to make the permitting process for ecological restoration projects, such as dam removal and inlet widening, less complex.
e. Wetlands: MassDEP will revise the Wetland Protection Act regulations to add limited project status for renewable energy projects.
f. Wetlands, Chapter 91, 401 WQC: MassDEP will propose changes to regulations to allow for pilot programs for innovative, clean energy projects.
2. Wastewater
a. Sanitary and Industrial Wastewater: MassDEP proposes to eliminate state-level approvals for connections or extensions to a local sewer distribution system, because a permit is already required by the local Department of Public Works or Sewer Department.
b. Wastewater Title 5: MassDEP proposes to streamline its review of innovative/alternative programs, by relying on 3rd parties to research, review and vet new wastewater treatment techniques. MassDEP proposes to eliminate state approvals for Title 5 permits for septic systems that are permitted at the local level.
c. Wastewater: Rather than doing routine annual groundwater discharger inspections, MassDEP proposes to focus its inspection efforts on facilities identified based on a review of discharge monitoring reports, complaints and existing compliance or enforcement issues.
3. Sold Waste
a. Solid Waste: MassDEP proposes to create permits-by-rule for some post-closure activities and for small transfer stations, and to allow self certification for permit renewals for transfer stations. MassDEP proposes to create a list of certified solid waste inspectors, and, each year, to randomly assign an inspector to an active landfill for an annual compliance inspection.
4. Waste Site Cleanup
a. Site Cleanup: MassDEP proposes to streamline Activity and Use Limitation, likely by developing simpler forms and public notice procedures, to "facilitate simpler and more understandable forms of restrictions."
b. Site Cleanup: MassDEP proposes to streamline or eliminate the Numerical Ranking System, Tier Classification and the Tier I Permit processes.
5. Other Areas
a. Many Programs: MassDEP proposes to streamline permit renewals, and is seeking input on what programs would be good candidates for self-certification permit renewal.
b. Many Programs: MassDEP proposes to revise fees to "incentivize" better results. Specifically, fees may be increased for those permits or activities that have the highest potential for environmental impact. Also, MassDEP may incentivize or require eDEP filing of applications.
c. Asbestos Abatement Requirements: MassDEP will focus its limited resources on the "highest priority asbestos matters." The Draft Action Plan identifies specific initiatives as part of the reform of asbestos abatement requirements.
The Draft Plan and related information is at www.mass.gov/dep/about/priorities/regreform.htm. Public comments should be sent to MassDEP.Commissioner@state.ma.us. The public comment period ends December 5, 2011. Additional opportunity for stakeholder input will occur while MassDEP is revising regulations and developing new policies to implement these reforms. | 
