THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF WASTE PREVENTION

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Massachusetts Department of Environmental Protection (MassDEP), under its authority pursuant to M.G.L. Chapter 111, Sections 142A through 142O, and in conformance with M.G.L. Chapter 30A, will hold a public hearing on proposed amendments to 310 Code of Massachusetts Regulations (CMR) 7.02, Plan Approval and Emission Limitations, and 310 CMR 7.29, Emissions Standards for Power Plants and proposed adoption of a new Appendix D - Mercury Monitoring and Testing Program to 310 CMR 7.00.  The hearings will be held in accordance with the procedures of M.G.L. Chapter 30A. 

The federal Clean Air Mercury Rule (CAMR) was vacated by a federal appeals court in February 2008. In response to the CAMR vacatur, MassDEP is proposing to reinstate and clarify Massachusetts requirements related to mercury monitoring, reporting and recordkeeping. It is proposing to amend 310 CMR 7.29 and to add Appendix D, Mercury Monitoring and Testing Program, to 310 CMR 7.00 to provide detailed procedures and instructions for the monitoring and reporting of mercury emissions to replace the vacated federal regulations. As part of its response to CAMR, MassDEP adopted revisions to 310 CMR 7.02 concerning the permitting of new coal-fired power plants. It proposes to retain these revisions, with minor amendments, to insure adequate mercury controls for new sources.

A public hearing will be held in accordance with the procedures of M.G.L. Chapter 30A on:

Monday, November 2, 2009
9:30 a.m.
Department of Environmental Protection
One Winter Street, 2nd Floor
Atlantic Conference Room
Boston, MA 02108

Testimony will be accepted until 5:00 p.m. on Friday, November 13, 2009.  Written testimony may be submitted electronically via e-mail to: Patricio.Silva@state.ma.us or by mail to Patricio Silva, Massachusetts Department of Environmental Protection, Bureau of Waste Prevention, One Winter Street, Boston, MA 02108.

Copies of the proposed amendments to 310 CMR 7.02 and 310 CMR 7.29 and the new Appendix D to 310 CMR 7.00 are available on MassDEP's website at: http://mass.gov/dep/service/regulations/newregs.htm#revcamr.  Copies can also be obtained by contacting Patricio Silva at 617-654-6575 or Patricio.Silva@state.ma.us.

For special accommodations for these events or hearing information in an alternative format, please contact Donald Gomes, MassDEP ADA coordinator, at 617-556-1057, TDD Service 1-800-298-2207, One Winter Street, Boston, MA 02108.

By order of the Department.
Laurie Burt, Commissioner