MassDEP Proposes Site Cleanup Program Regulatory Changes under Regulatory Reform Initiative

The Massachusetts Department of Environmental Protection (“MassDEP”) issued proposed changes to its site cleanup program pursuant to M.G.L. c. 21E on February 28, 2013. These proposed regulatory changes are part of an extensive review by MassDEP of its regulations and programs in an effort to improve its efficiency, which have also included proposed changes to asbestos abatement and solid waste, which are covered in other e-alert articles in this issue. The proposed revised regulations at 310 CMR 40.0000 are available at http://www.mass.gov/dep/service/regulations/newregs.htm#proposed. The public comment period runs May 17, 2013. Public hearings have been scheduled throughout the state during early April 2013.  Read More ›

Greenhouse Gas Reporting Obligations for Several Sectors Impacted by EPA’s Revocation of Confidential Business Information Protection for Specified Part 98 Data

The U.S. Environmental Protection Agency (“EPA”) determined in December 2012 that certain inputs to emission equations under eight subparts of 40 CFR Part 98, the greenhouse gas reporting program, will not for now be treated as confidential business information (“CBI”).  This input information had previously been subject to a temporary deferral while EPA evaluated the many confidentiality concerns that had been raised by industry.  Going forward, EPA’s determination indicates that this information must be included in Part 98 reports, and that it will be available for public review.  In addition, as EPA’s decision ends the deferral that had previously been in effect, companies must submit the relevant input data for reporting years 2010, 2011 and 2012 to EPA by April 1, 2013.    Read More ›

Marc J. Goldstein Named Managing Shareholder of Beveridge & Diamond’s Massachusetts Office

Beveridge & Diamond recently named Marc J. Goldstein as the Managing Shareholder of its Massachusetts Office.  Mr. Goldstein takes over from Stephen Richmond, who has served as the Managing Shareholder since the Firm’s Massachusetts office opened in 2004.  Mr. Goldstein’s practice focuses on environmental litigation and land use and development. 

For more information about Beveridge & Diamond, please see www.bdlaw.com or contact Janine Militano at jmilitano@bdlaw.com.

Members of Beveridge & Diamond’s Massachusetts Office Receive “Super Lawyers” Recognition

Five members of Beveridge & Diamond’s Massachusetts office have been recognized by the Super Lawyers rating service as being among the top lawyers in their areas of practice in Massachusetts. Read More ›

MassDEP Proposes Asbestos Abatement Regulatory Changes under Regulatory Reform Initiative

The Massachusetts Department of Environmental Protection (“MassDEP”) proposed changes to the regulations governing asbestos abatement at 310 CMR 7.15 as part of its ongoing review of its regulations and programs in an effort to improve its efficiency.  These regulatory changes have also included proposed changes to solid waste and waste site cleanup rules, which are covered in other e-alert articles in this issue.  The proposed regulations are available at: http://www.mass.gov/dep/service/regulations/newregs.htm#swdreg. Read More ›

MassDEP Proposes Solid Waste Regulatory Changes Under Regulatory Reform Initiative

The Massachusetts Department of Environmental Protection (“MassDEP”) issued proposed regulatory changes to its solid waste program as part of an extensive review by MassDEP of its regulations and programs in an effort to improve its efficiency.  These regulatory changes have also included proposed changes to asbestos abatement and waste site cleanup, which are covered in other e-alert articles in this issue.  The proposed revised regulations at 310 CMR 19.000 are available at http://www.mass.gov/dep/service/regulations/newregs.htm#swdreg. Read More ›

Comprehensive Permit Decisions from Massachusetts Top Court Side With Developers, Fending Off Technical Arguments by Local Boards

After a deciding a paucity of cases under the Anti-Snob Zoning Act, M.G.L. c. 40B, §§ 20-23, the Massachusetts Supreme Judicial Court handed down two cases within one week reaffirming the broad authority of local boards of appeal and the Housing Appeals Committee to issue Comprehensive Permits authorizing affordable housing projects. Read More ›

Massachusetts Introduces Compact Neighborhoods Policy

The Massachusetts Department of Housing and Community Development (DHCD) offered an additional incentive to municipalities similar to Chapter 40R, to adopt zoning districts promoting housing for working families of all incomes called the “Compact Neighborhoods Policy.”   Read More ›

MassDEP Continues Efforts at Regulatory Reform Affecting Nearly All Agency Programs

MassDEP has conducted an extensive review of its regulations and programs searching for opportunities to improve its efficiency. During the spring, MassDEP sought public input on which specific changes should be made.  During October, MassDEP published an update on its progress, located at http://www.mass.gov/dep/about/priorities/regreform/1012update.htm. Here is a brief summary of the proposed reforms, based on the recent update: Read More ›

MassDEP Receives First Year Funding for Information Technology Transformation Initiative

The Massachusetts Department of Environmental Protection’s regulatory reform efforts reported elsewhere in this e-alert issue include an Information Technology ("IT") Transformation Initiative in which MassDEP plans to update its self-described outdated and "siloed" IT system. MassDEP’s objectives include: (i) developing a paperless, online permitting system; (ii) making it easier for citizens and businesses to obtain environmental information online on a 24/7 basis; and (iii) enhancing the agency’s enforcement capabilities through the use of new technologies, such as remote sensors and automated analysis of facility discharge and other environmental monitoring data. The agency anticipates that new IT systems and tools will enhance its ability to perform timely, predictable, and cost-effective permitting, make MassDEP’s data sets more transparent and accessible to the public, and pursue data-driven enforcement strategies.   Read More ›