Regional Reports: Region 1

Kenneth Reich and Seth Handy
Edwards & Angell, LLP
Boston, Massachusetts and Providence, Rhode Island
Kreich@ealaw.com; Shandy@ealaw.com

Maine (ME DEP Div. of Air Quality - Lisa Higgins, 207/287-7023)

Maine estimates that it has about 20 sources that may be impacted by the MACT Hammer rule, largely because most major sources of Hazardous Air Pollutants in the state have boilers on site and EPA has not established any capacity-related cutoff for the regulation of boilers in this program. Maine has promulgated state regulations requiring that regulated sources submit Part 1 and Part 2 applications to satisfy the MACT Hammer rule by May 15, 2002. Despite EPA's extension of the deadline for Part 2 applications, Maine will not have time to amend its regulations before May 15, 2002. Therefore, DEP has been authorized (by the attorney general's office) to issue a letter to potentially regulated sources asking them to submit only the Part 1 application by May 15, 2002, and clarifying the extended deadline for Part 2 applications (to 2004). There will be a public hearing on Maine's proposal to amend its regulations to include this deadline extension on May 6, 2002.

Vermont (Agency of Environmental Conservation, Air Quality Division, Bart Stanzer, 802/241-3848)

Vermont estimates that six sources are potentially subject to the MACT Hammer regulations and two of those plants are shutting down. The state has sent out notice letters to potentially regulated sources regarding the need to file Part I application.

Rhode Island (Department of Environmental Management, Office of Air Resources, Steve Majkut, 401/222-2808)

Rhode Island is researching the pool of potentially regulated sources that should receive a notice letter about the requirement to file Part 1 applications for compliance with the MACT Hammer rule. The state does not currently expect to have to move forward with the Part 2 process because it has received word that EPA intends to promulgate the necessary, additional NESHAP standards before May 15, 2004.

RIDEM is working with the Department of Motor Vehicles to establish a new regulatory inspection program for heavy-duty diesel vehicles. The new program would authorize the police to stop vehicles for inspections and would require annual inspections.

On Feb. 19, 2002, marine industry groups and state and federal officials entered a memorandum of agreement announcing the initiation of a voluntary program to transition to lower-polluting outboard motors and personal watercraft engines by accelerating the sale of four-stroke marine engines and improving two-stroke engines. The goals are to sell 75% clean engines in 2002, 80% in 2003 and 95% by 2004. EPA regulations require the satisfaction of low-pollution standards for such engines by 2006.

New Hampshire (Dept. of Environmental Services, Air Resources, Rick Rumba, 603/271-1987)

New Hampshire estimates that it has about 30 sources that may be impacted by the MACT Hammer rule, including principally those triggered for boilers and turbines. New Hampshire expects EPA to develop a size threshold for boilers and turbines before the Part 2 applications are due. DES has sent notification letters to potentially impacted sources, reminding regulated sources to file their Part 1 applications by May 15, 2002.

In other news, New Hampshire just passed a four-pollutant bill for power plants. Some are concerned that compromises that were made to ensure passage of this legislation (e.g., the inclusion of an emission trading program) left the bill too weak to attain its stated purpose.

Connecticut (Department of Environmental Protection, Bureau of Air Management, Ellen Morris, 860/424-3027)

EPA has not delegated Connecticut authority to implement the Title V program but the state expects to become reauthorized by June 1, 2002. EPA has sent letters to all potentially regulated sources reminding them that Part 1 applications must be filed by May 15, 2002, and asking that the applications be sent to both EPA and CT DEP. Connecticut is confident that EPA will issue more NESHAP rules before May 15, 2002, and does not know whether it will have sufficient resources to make case-by-case MACT determinations.

Massachusetts (Massachusetts Department of Environmental Protection, Donald Squires, 617/292-5618)

Massachusetts will be sending notice letters to the regulated community reminding them of the May 15, 2002, deadline for Part 1 applications. The state is concerned about the resources it may have to devote to the development of case-by-case MACT determinations, especially given the possibility of having to revise Title V permits once EPA promulgates new NESHAP rules. Thus far, Massachusetts has issued 68 of 213 Title V applications but the process is moving faster now.

The Massachusetts Bay Transportation Authority switched its bus fleet to ultralow-sulfur diesel fuel on April 19, beating the federal mandate for such a conversion by four years.

Recent Settlements (from press releases)

On April 18, 2002, EPA announced that Cooley, Inc., a Rhode Island manufacturer of coated fabrics, agreed to pay a $325,000 fine and implement a plastics recycling plan estimated to cost $1.6 million to settle charges that it violated hazardous waste and clean air regulations. The company allegedly violated the clean air act by making plant modifications without obtaining a permit and failing to satisfy reporting obligations for VOCs.

A Connecticut sand and gravel company has agreed to pay more than $475,000 in fines and environmental projects to settle claims brought by CT DEP based on multiple violations including exceedances of NOx emissions limits and failure to conduct stack testing in a timely manner.

Waste Management of Massachusetts settled a Clean Air Act enforcement action brought by EPA by agreeing to pay a $775,000 fine and implement environmental projects worth $2.6 million. The environmental projects include an expenditure of $1.44 million to reduce emissions of particulate matter and other pollutants from school buses that service Boston neighborhoods.

The owner and operator of a bulk petroleum terminal on Martha's Vineyard agreed to pay $200,000 to settle alleged violations of the Clean Air Act, including the failure to install mechanisms to control VOC emissions during loading and unloading.