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MassDEP Moves Aggressively to Implement Permit Streamlining
 Progress Marked for Wetland Appeals Reform, Chapter 91, Groundwater Discharges, and Air Quality Permits
MassDEP has made significant progress in meeting Governor Deval Patrick's goals to improve the efficiency and effectiveness of environmental regulation in Massachusetts without compromising environmental protection. On March 1, 2007, the Governor announced the new initiatives to speed the regulatory decisions that are critical for development projects, and also allow MassDEP to concentrate its resources on the most pressing environmental concerns.
The specific actions that the Governor announced included:
- Proposed regulations to reduce MassDEP's permitting timelines by 20 percent.
- Issuing 90 percent of all permit decisions in 180 days or less.
- Development of a proposal to reduce delays in the wetlands appeals process.
- In-depth analysis and reform of key permit categories, selected because of their significance to economic development opportunities and history of customer concerns about decision processes or delays, and because more than 20 percent of the permit decisions exceed the 180-day goal. The targeted categories include Wetland Appeals Reform, Chapter 91 Licensing Process, Groundwater Discharge of Wastewater, and Air Quality Permits.
Since the Governor's announcement, MassDEP has been developing proposals to address each targeted area. MassDEP worked in close partnership with key stakeholders, convening workgroups for each targeted effort. Those groups consisted of representatives of the regulated community and environmental organizations.
Permitting Timelines
Permitting timeline regulations implementing the 20 percent reduction became effective in July 2007. MassDEP has committed to issuing 90 percent of all permit decisions within 180 days, and for any permits taking longer than 180 days a senior management team will review the status to determine if there are any appropriate measures to speed up the process.
The initial permitting data is very encouraging. Of the initial 302 permit determinations made between July 30 and September 30, 2007, 299, or 99 percent, were made within the new permit timelines. MassDEP continues to collect and review permit timeline data as the program moves ahead.
Wetland Appeals Reform
Final Wetland Appeals regulations became effective October 31. The regulations keep those parts of the appeal process that work well - prior participation, prescreening, and pre-filed testimony. The regulations also institute several reforms:
- A six-month presumptive timeline for reaching a final decision.
- Allowing seven months for major or complex matters involving resource areas.
- Requiring parties to present their case early in the process, eliminating unnecessary delays. As a result of public comments on the draft regulation changes, MassDEP has retained the appeal rights of 10-resident groups.
Chapter 91 Licensing
Regulation changes have been proposed which would expedite the permit review process for those economic development projects that are located in filled or flowed tidelands.
The revisions include clarifying amendments that are consistent with the Patrick Administration's support for renewable energy. A definition of renewable energy is added, and wave, current and tidal energy facilities have been added to the list of water-dependent uses. It clarifies that underwater cables or conduits delivering electricity or telecommunications from outside jurisdictions are, in fact, water-dependent, eliminating the need for a variance to bring renewable energy ashore from outside Massachusetts' waters. The amendments also make utility-scale wind turbines presumptively water-dependent, if they cannot reasonably be located away from tidal or inland waters.
The changes will also streamline the licensing process by limiting unnecessary interagency review and appeals, and guidance will be developed outlining minimum application requirements for permit applications to address problems and delays stemming from incomplete applications.
Finally, a Senior Waterways Reviewer would be assigned to coordinate all aspects of the MEPA process, as a more active MassDEP role in the MEPA review process for large projects can help accelerate the review.
Promulgation of the Chapter 91 revisions is expected in April 2008.
Groundwater Discharge of Wastewater
MassDEP is developing new regulations to comprehensively revise the groundwater permit program, resulting in substantially shorter timelines, upfront MassDEP involvement resulting in timely staff review of technical materials and fewer delays, and clearer guidance on complex issues. The proposals include:
- The option of a general permit for certain classes of discharges, such as small wastewater treatment plants in non-environmentally sensitive areas.
- Review of the hydrogeologic study in advance of the permit application to let applicants know what their approved capacity is for the site prior to start of project design.
- Standardization of financial assurance documents that will substantially reduce review time.
- Expansion of the number of activities not requiring a permit because they do not represent the discharge of pollutants to the groundwater.
Public hearings and a comment period are expected to be held in February 2008, with promulgation of the revised regulations expected by April or May 2008.
Air Quality Permits
MassDEP is developing a plan for a more transparent, predictable and efficient air quality permitting process. Among the features being reviewed are:
- Streamlined permitting pathways with applications tailored to a project's complexity and emissions - instead of "one-size-fits-all."
- Creation of an online Best Available Control Technology Registry that will clarify the type of pollution control required, making it much easier for applicants to understand the options and requirements for complying with air quality permitting regulations.
- Establishment of an "Air Forum" to expand the dialogue between MassDEP and the regulated community to foster better understanding and response to the needs of the business and consulting community.
Public hearings and a comment period are expected to be held in February 2008, with promulgation of the revised regulations expected by May 2008.
For more information on permit streamlining issues, turn to MassDEP's web site at: www.mass.gov/dep/service/approvals/streamln.htm
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