Rhode Island Department of Environmental M anagement Regulatory Agenda - January 15, 2016
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1 Rhode Island Department of Environmental M anagement PART I - Rules Promulgated June 16, 2015 through January 16, r ~ Adoption Freshwater & Anadromous Fishing Regulations for the Season 8107 Adoption Hunting Regulations for the Season 8154 Adoption Rhode Island Regulations for the Waterfowl Season Adoption Falconry Regulations 8087 Adoption Marine Fisheries Regulations: Lobster, Crabs, and Other Crustaceans 8088 Repeal Marine Fisheries Regulations: Part XV - Lobsters, Other Crustaceans, & Horseshoe Crabs 8136 Rhode Island Marine Fisheries Rerulations: Shellfish 8137 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8141 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8142 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8155 Marine Fisheries Regulations: Part III - Marine Fisheries.Council 8162 Marine Fisheries Regulations: Part lli - Marine Fisheries Council 8170 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8190 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8196 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8206 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8208 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8212 Marine Fisheries Regulations: Part III - Marine Fisheries Council ' 8216 Marine Fisheries Remlations: Part III - Marine Fisheries Council 8217 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8220 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8178 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8223 Marine Fisheries Regulations: Shellfish 8177 Marine Fisheries Regulations: Aquaculture 8176 Marine Fisheries Regulations: Licensing 8227 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8234 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8243 Marine Fisheries Regulations: Part III - Marine Fisheries Council 8218 Marine Fisheries Regulations: Part I - Legislative Findings 8219 Marine Fisheries Regulations: Finfish ~"' - " 8/6/2015 8/6/ /1/ /1/2015 6/22/2015 6/22/2015 6/22/2015 6/22/2015 7/3/2015 7/8/2015 7/24/2015 8/6/2015 8/16/2015 9/4/2015 9/9/2015 9/14/2015 9/18/ /2/ /14/ /16/ /23/ /29/ /29/ /29/ /29/ /29/ /30/ /6/ /11/ /11/2015 1
2 Rhode Island Department of Environmental Management PART II - Expected Rulemaking Activity January 16, 2016 through June 16, 2016 {' -- -~ I...~ ' Adoption Rules and To establish standards for Sections , 20- DEM expects to Regulations issuance of collector's 1-21 and and complete the rule Governing permits for the taking, RIGL , and 42- Collector's Permits handling, and I or 17.6 possession of any species quarter of2016 of wild animal. Incorporate Federal RIGL (19) & DEM expects to Regulation No. 12, requirements for sewage begin the rule "Incinerators" sludge incinerators by reference. durino- the I st,:::, quarter of.2016 i I Revisions to the RIGL (19) & DEM expects to Regulation No. 19, registration section to make begin the rule "Control of Volatile the requirements consistent Organic Compounds with APC Regulation No. t from Surface Coating 14. Operations" Correct technical errors and RlGL (19) & DEM expects to Regulation No. 19, change applicability and begin the rule "Control of Volatile exemption specifications so Organic Compounds there is no overlap in the t from Surface Coating operations regulated by this Operations" regulation and APC Regulation No ,. - - Ji Ashley General Public, Schipritt schools, colleges, Division of aquariums Fish& Wildlife Gina Sewage sludge Friedman, incinerators Office of Air Doug Not a substantive Mc Vay, Office of Air 7011 Doug Mc Vay, Office of Air 7012 change Sources with operations that apply industrial adhesives and sealants. 2
3 Rhode Island Department of Environmental Management ~... -la~... Regulation No. 27, "Control of Nitrogen Oxide Emissions." Regulation No. 35, "Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations" Regulation No. 36, "Control of Emissions from Organic Solvent Cleaning" Regulation No. 13, "Particulate Emissions From Fossil Fuel Fired Steam or Hot Water Generating Units" For stationary sources that RIGL (19) & DEM expects to are subject to the regulation begin the rule and are required to conduct annual stack testing reduce the frequency of the required testing. Modify applicability RIGL (19) & DEM expects to specifications to exempt begin the rule major sources of Hazardous Air Pollutants (HAP) that have minimal HAP emissions from wood products manufacturing operations. Modify the regulation to RIGL (19) & DEM expects to include potential alterative begin the rule control technologies and add a de minirnis solvent use exemption for degreasing equipment. Technical corrections to RIGL42-17.l-2(19) & DEM expects to eliminate a section of the begin the ru]e rule that no longer applies. during the 2nd J Karen Stationary sources Peltier, that emit greater Office of than 50 tons of Air nitrogen oxides per year x 7136 Doug Boat builders and Mc Vay, other major HAP Office of sources with Air small wood products manufacturing 7011 operations. Ted Burns, Miscellaneous Office of sources Air conducting cleaning using , organic solvents x-7013 Doug Not a substantive Mc Vay, change. Office of Air x 7012 "1 j 3
4 !i' ~ Rhode Island Department of Environmental Management ta..~ Regulation No. 16, "Operation of Air Pollution Control Systems" Regulation No. 28, "Operating Permit Fees" Regulation No. 29, "Operating Permits" Regulation No. 34, "Rhode Island Motor Vehicle Inspection/Maintenan ce Program"... Revisions to respond to a RIGL42-17.l-2(19) & DEM expects to SIP call by EPA for begin the rule startup, shutdown and malfunctions. durino the 2nd 0 Revisions to dates for RIGL (19) & DEM expects to payments of fees to be begin the rule consistent with DEM' s current practice. durino the 2nd 0 Revisions to the eligibility RIGL (19) &. DEM expects to requirements for emission begin the rule caps to allow more sources to be eligible for an durino the 2nd 0 emissions cap Eliminate dynamometer RJGL (19) & DEM expects to testing and add heavy duty begin the rule diesel vehicle testing during the 2nd Doug Sources with air Mc Vay, pollution control Office of systems. Air 7012 Doug Not a substantive Mc Vay, change. Sources Office of subject to the Air operating permit program Doug A stationary Mc Vay, source with Office of potential Air em1ss1onsm excess of major source thresholds, 7012 but with actual emissions less than those thresholds Frank Diesel truck Stevenson, owners and Office of inspection station Air owners ~ 4
5 "" L.. _. Marine Fisheries - Finfish Marine Fisheries - Striped Bass Marine Fisheries - Part 19 Fish/Shellfish Dealers Repeal Marine Fisheries - Part Maps Marine Fisheries Part 13 - Gillnets Rhode Island Department of Environmental Management Amend recreational RIGL , DEM expects to regulations for the , and begin the rule season for Summer flounder, Scup, Black sea bass, Tautog; amend commercial regulations for Tautog. Amend recreational and RIGL , 42- DEM expects to commercial regulations for 17.6, and begin the rule Striped Bass for the 2016 season. Striped Bass fin clipping RIGL , 42- DEM expects to requirement 17.6, and begin the rule Repeal obsolete and RIGL , 42- DEM expects to inaccurate map 17.6, and begin the rule Commercial gillnetting RIGL , 42- DEM expects to management 17.6, and begin the rule durinoe, the znd -... _,....i < 5
6 ~ Rhode Island Department of Emirm:imental Management ii ::..... _ - Marine Fisheries Part 16 - Menhaden Marine Fisheries - Shellfish Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Rules) Commercial menhaden R1GL42-17.l, 42- DEM expects to management 17.6, and begin the rule during the 2nd Corrections to Shellfish RJGL , 42- DEM expects to Management Area 17.6, and begin the rule boundaries durincr the 2nd 0 Amend rules to administer RJGL (s), DEM expects to funds related to flood and complete prevention authorized by a 24.1 rulemaking 2014 bond issue process during the 1st quarter of 2016 Amend OWTS Rules to Chapter DEM expects to incorporate changes to the pursuant to RIGL 42- complete R.l. Cesspool Act passed 17.1, 5-56, , rulemaking during 2015 legislative , , 46- process during session (point-of-sale 13.2, and the 1st quarter of cesspoo I upgrades) and 2016 make other minor clarifications and technical changes Jason I "' Recreational and Fisheries tack.le shop Sue Municipalities, Kiernan, non-governmental Office of watershed Water organizations, Emergency Management x7600 Agencies (EMA, local). JonZwarg, Realtors, Office of banks/lenders, Water Builders/Develop ers, property owners, Licensed x7205 OWTS Designers and Installers, and the environmental advocacy community. 6
7 r,~ L_ - Priority Determination System for Federal & State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects Rules & Regulations for Drilling of Drinking Water Wells R b.ode Island Department of En'\'ironmental Management ~ - Publish FY 2016 Project RIGL , 42- DEM expects to Priority List 17.1 &46.12 complete the rule during the 1 51 The purpose is to repeal Chapter DEM expects to rules in coordination with complete the Department of rulemaking Administration pursuant to process during revised State law the 2nd quarter of 2016 Jay Manning, Office of Water x , - _J Cities & Towns Sue Well Drilling Kiernan, Contractors, Office of DOA.DOH, Water Municipalities (Building Officials) x7600 7
8 Rhode Island Department of Environmental Management --~--- t -- PART III - Expected Rule-making Activity June 16, 2016 through January 16, l - - Rules and Amend the Freshwater Chapter 42-35, DEM expects to Regulations Wetland Regulations to Sections complete Governing the incorporate revisions to the through rulemaking Administration and Freshwater Wetlands Act process during the Enforcement of The from the 2015 Legislative 3rd quarter of Fresh Water Session (Single Standard 2016 Wetlands Act Bill S737B) Groundwater Quality Update Groundwater Chapter 46-12, 46- DEM expects to Rules Classification and 13.1, , complete Wellhead Protection Area rulemaking maps. Minor language process during the updates. 3rd quarter of 2016 Rules Establishing Amend OWTS Rules to Chapter I DEM expects to Minimum Standards incorporate changes to the complete Relating to Location, Freshwater Wetlands Act rulemaking Design, Construction from the 2015 Legislative process during the and Maintenance of Session (Single Standard 3rd quarter of Onsite Wastewater Bill S737B) 2016 Treatment Systems (OWTS Rules) ---- ~ , - Alicia Developers, -- - Good, builders, property Office of owners, Water municipal Resources officials, state agencies and the X7200 environmental community. Ernie Developers, Panciera, builders property Office of owners, Water municipal Resources officials, state x agencies and 7603 environmental community Brian Developers, Moore, builders, property Office of owners, Water municipal Resources officials, state agencies and the 7700 environmental community. 8
9 Rhode Island Department of Environmental Management,y- ----~ ,...-.~ ~ j Revise permitting Chapter (19) DEM expects to Doug USEPA, small Regulations No. 9, thresholds so that it is & begin the rule Mc Vay, businesses "Air Pollution clearer when permits are Office of required to obtain Control Permits" necessary. Update during the 3rd Air air permits, reference to modeling environmental guidelines. Revise groups requirements for major 7011 sources to be consistent with federal requirements. Update Acceptable Chapter (19) DEM expects to Doug Sources emitting Regulations No. 9, Ambient Levels & & begin the rule Mc Vay, toxic air "Air Pollution Minimum Quantity Office of pollutants & Control Permits" and Thresholds consistent w/ durino- the 3rd t, Air consultants No. 22, "Air Toxics" current toxicological data. conducting x modeling for 7011 those sources Revisions to implement Chapter (19) DEM expects to Frank Power plants, Regulations No. 46, EPA' s Clean Power Plan. & begin the rule Stevenson, environmental "C02 Budget Trading Office of groups, USEP A, Program" during the 4th Air 7021 Commercial and Revise commercial Chapter , DEM expects to Jason Commercial Recreational licensing regulations for Section , begin the rule McNamee, fishermen; fish Saltwater Fishing 2017 Section Marine ; general Licensing during the 4th Fisheries public Regulations quarter of
10 Rhode Island Department of Environmental Management r:'" '... ~ Marine Fisheries Regulations - Shellfish < Marine Fisheries Regulations - Finfish ~ Revise commercial Winter RIGL , 42- DEM expects to harvest schedules for 17.6, and , begin the rule Shellfish Management Areas for during the 4th quarter of 2016 Revise commercial RIGL , 42- DEM expects to regulations for regulated 17.6, and begin the rule fin:fish species for 2017 during the 4th quarter of 'l ; A ,j_ Jason McNamee, Marine Fisheries Jason McNamee, Marine Fisheries Commercial fishermen; fish ; general public Commercial Fishermen; fish ; general public 10
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