Proposed Regulation Revisions to 310 CMR 10.00 and 314 CMR 9.00

N O T I C E

The Massachusetts Department of Environmental Protection, acting in accordance with M.G.L. c. 131, s. 40; and c. 21 ss. 26 through 53; gives notice of its proposed revisions to the Wetlands Protection Act Regulations, 310 CMR 10.00 (the "Wetlands Regulations") and the 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States within the Commonwealth, 314 CMR 9.00 ("Water Quality Certification Regulations").

The regulation amendments will allow for work in wetlands in order to eradicate an infestation of Asian longhorned beetles (Anoplophora glabripennis) (ALB). The ALB weakens and eventually kills infested host trees, making the ALB a destructive and costly invasive species. The effort is being undertaken in response to an order issued by the United States Department of Agriculture ("USDA") pursuant to 7 USC ss. 7701 et seq. (the Plant Protection Act), and the Department of Conservation and Recreation ("DCR") pursuant to G.L. c. 132, s.11. The proposed regulations will allow for work to remove trees, including stumps, and the application of pesticides to trees and soil within an area defined by USDA or DCR, notwithstanding the provisions of 310 CMR 10.06(6)(d).

A public hearing on the proposed changes will be conducted at the Department's Central Regional Office as follows:

May 28, 2009
2:30 p.m. - 5:00 p.m.
Central Regional Office
627 Main Street
Worcester, MA 01608

Comments may be presented orally or in writing at the hearings on the proposed revisions. Written comments will also be accepted until 5:00 p.m. on June 4, 2009 and must be submitted to:

Massachusetts Department of Environmental Protection
Bureau of Resource Protection
Wetlands Program
One Winter Street, Fifth Floor
Boston, MA 02108
Attn: Michael Stroman

Copies of the proposed regulations will be available for inspection during normal business hours at: the Bureau of Resource Protection, One Winter Street, Boston, MA, the four regional offices of MassDEP and MassDEP's web site at http://www.mass.gov/dep/service/regulations/newregs.htm#bettle.

For special accommodations for these events or hearing information in an alternate format, please contact Aprel McCabe, MassDEP's ADA Coordinator, at 617-556-1171, BAS/HR, 3rd Floor, One Winter Street, Boston, MA 02108.