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Gov. Patrick: Protect the Environment, Streamline the Permit Process Plans Propose 20% Cut in Time to Permit, Reform of Wetland Appeals Process
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| Announcing the permit streamlining initiative at the Genzyme Center in Cambridge are Governor Deval Patrick and Environmental Affairs Secretary Ian Bowles. | MassDEP Acting Commissioner Arleen O'Donnell joined Gov. Deval Patrick and Environmental Affairs Secretary Ian Bowles recently to unveil two important initiatives that will improve the effectiveness of environmental regulations, while bringing MassDEP closer to permitting "at the speed of business."
The first initiative will reduce permit timelines by 20 percent at MassDEP for the majority of its permits. The second will be the reform of the wetlands appeals process to move these cases through the system more rapidly.
Gov. Patrick affirmed his commitment to maintaining the highest environmental standards and to a strong program of environmental enforcement, but he also promised to deliver permit efficiencies for the industries that the Commonwealth regulates. "This is regulation at the speed of business," he said.
The Governor made the announcement at the Genzyme Center, a top-rated "green building" built on a former brownfields site in Cambridge that serves as the biotech company's corporate headquarters.
90% of Permit Decisions Expected Within 180 Days
MassDEP has released the proposed permit streamlining regulations for public comment. The new regulations will seek to reduce the timeframe for permit decisions by 20%. MassDEP has also committed to issuing 90% of all permit decisions within 180 days. Also, a stakeholder working group will be formed to review permit categories that frequently exceed 180 days for ways to improve performance.
MassDEP's web-based permitting process and other technology-based efficiencies will make it possible to shorten permit timelines. Key permits targeted for closer review include those associated with significant economic development and energy projects. These include permits for groundwater discharge of wastewater, air quality, and Chapter 91 licenses for development in filled or flowed tidelands.
Commissioner O'Donnell said accelerating permit timelines through process and technological improvements will free up staff time for the highest priority permitting reviews and environmental enforcement efforts.
Governor Seeks Reform of Wetlands Appeal Process
Gov. Patrick also announced that the reform of the wetlands appeal process will focus on delays at the state Division of Administrative Law Appeals (DALA), where some cases now languish for months and years, with minimal environmental benefit.
A task force of prominent environmental lawyers from the private sector - led by the General Counsels of the Executive Office of Environmental Affairs and MassDEP - will present proposals for wetland appeals reform by May 1.
Wetlands appeal reform will also allow for more timely action on vital projects, with very little impact on environmental interests, as these appeals rarely result in additional environmental protection. In fact, of the 65 final decisions issued from 2004 to 2006, only three resulted in substantial changes from MassDEP's original permit decisions.
During the announcement, the Governor pointed out that some appeals stalled at DALA involve projects that serve the public good. One such project is the Hoosac Wind Farm electric generating plant in the Berkshires. MassDEP had approved a permit for the project back in 2004, but opponents filed an appeal of that permit. The case has been under review at DALA since February 2005, still awaiting a decision there.
Secretary Bowles recently sent a letter to DALA requesting that the magistrate issue a recommended decision on the Hoosac Wind case so that the project can proceed.
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