Notices of Public Hearing (Published 07/19/2024)

Energy and Environmental Affairs, Executive Office of
301 CMR 41.00

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Massachusetts Executive Office of Energy and Environmental Affairs, under its authority pursuant to M.G.L. Chapter 21I, Sections 4, 9 in conformance with M.G.L. 30A, will hold a public hearing on proposed amendments to 301 CMR 41.00 Toxic or Hazardous Substance List. These regulations implement changes to the list of chemicals made by the Administrative Council on Toxics Use Reduction, pursuant to the statutory amendments to the Toxics Use Reduction Act (TURA, Chapter 21I) made in 2006. Please note that this meeting is being conducted remotely.

The proposed amendment is mandated by the Toxics Use Reduction Act (TURA, MGL Chapter 21I), which requires that changes made by the United States Environmental Protection Agency (USEPA) to the EPCRA Section 313 Toxic Chemical List be mirrored in the TURA Toxic or Hazardous Substance List. Specifically, on April 25, 2024, the Administrative Council voted to list seven per- and polyfluoroalkyl substances (PFAS), added by USEPA to the Toxics Release Inventory (TRI) under EPCRA Section 313 Toxic Chemical List in 2024. 

A public hearing will be conducted via Zoom meeting at 1 p.m. on August 9, 2024 to receive comments on the proposed amendments. Testimony may be presented orally or in writing at the hearing. Meeting access information is below: 

Public Hearing on Revisions to TURA Toxic or Hazardous Substance List Time:
Aug 9, 2024 01:00 PM Eastern Time (US and Canada)

Join Zoom Webinar:
https://zoom.us/j/94816593840
Webinar ID: 948 1659 3840
Find your local number: https://zoom.us/u/azd3dmqeG

Written testimony will be accepted until 5 p.m. on August 9, 2024. Written testimony should be submitted via email to Tiffany Skogstrom at tiffany.skogstrom@mass.gov or via mail to: Tiffany Skogstrom, Executive Director TURA Administrative Council, Executive Office of Energy and Environmental Affairs, 100 Cambridge Street, 10th Floor, Boston, MA 02114. Copies of the proposed regulations are available on the Executive Office of Energy and Environmental Affairs web site at https://www.mass.gov/doc/proposed-revisions-to-301-cmr-41- tri-additions-2024/download, or may be obtained by sending an email or calling Tiffany Skogstrom at 857-275-1561 .

To obtain this information in alternative format, you may contact Melixza Esenyie, Executive Office of Energy and Environmental Affairs, Non-Discrimination Coordinator, at 617-626-1282, 100 Cambridge Street, 10th Floor, Boston, MA 02114.

CMR No: 301 CMR 41:00 Toxic or Hazardous Substance List
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0-3.
  

• Will small businesses have to create, file, or issue additional reports?

  Yes. A principal reason for TURA’s success is that manufacturers covered by the program are required to develop and use a chemical tracking system. The tracking system helps manufacturers understand their use of chemicals and where losses occur in the manufacturing process. Manufacturers annually report their chemical use and the waste generation from that use to the Massachusetts Department of Environmental Protection (MassDEP).

  These same manufacturers develop plans that identify options and evaluate alternatives that would reduce or eliminate the use of these hazardous chemicals and the waste they generate. Manufacturers are not required to adopt the toxics use reduction techniques they identify, but when alternatives that make good business sense are available, manufacturers will frequently adopt these cost-effective strategies, which leads to more efficient chemical use and a reduction in waste generation. Manufacturers provide the MassDEP with a progress update on their planning activity every other year. 

  All small manufacturers with less than 10 full-time equivalents (FTEs) are exempt from the proposed regulation; however, facilities that use toxic chemicals are still entitled and encouraged to utilize the free and confidential environmental compliance and chemical assistance services provided by the TURA program. 

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. The manufacturers are required to develop and use a chemical tracking system. They will need to keep track of the amount of the reportable chemical purchased and used on site; the amount released to the workplace and environment, or generated as waste during manufacturing operations; and the amount of the chemical incorporated into products and sold in commerce. However, manufacturers already must track chemical use for federal annual waste and emissions reporting for substances that are already on the EPA EPCRA 313 list.

• Will small businesses have to provide additional administrative oversight?

  Yes. The annual reports and plan update summaries that are submitted to the MassDEP are reviewed and signed by a senior management official at the company.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. Most manufacturers prepare the annual report and toxics plan using in-house expertise and staff. About half the manufacturers use an outside consultant to certify their toxics use reduction plan. Existing staff in the environment, health and safety; process engineering; or facilities management categories are most commonly responsible for preparing toxics reports and plans.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. A toxics use reduction plan must be certified by a MassDEP certified toxics use reduction planner (TURP). Most manufacturers prepare the chemical evaluation plan using in-house expertise and staff (in-house planner) and some choose to use/hire a general practice TURP (a consultant from outside the manufacturer).

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Manufacturers subject to TURA are not required to make any capital investment to comply with the regulation. Program evaluation has shown that manufacturers are likely to adopt and implement options evaluated in the planning process that have a positive economic benefit (manufacturers adopt alternatives when they make good business sense).

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  No. TURA is neither a performance nor a design standard, but employs right to know disclosure and what has been termed a "management" standard. It leaves the decision of whether to switch chemicals or make manufacturing process changes up to the manufacturer based on the self-evaluation of their business needs. This approach ensures that companies subject to TURA only undertake changes that are technically and financially feasible and make good business sense.
  
  

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  Yes. Massachusetts manufacturers that are toxics users are already subject to inspections from the MassDEP, Mass Department of Fire Services, USEPA and local boards of health. This regulation only applies to MassDEP, expanding what a MassDEP inspector may examine at a facility which is already subject to inspection.

• Will the regulation have the effect of creating additional taxes and/or fees for small businesses?

  Yes. The reports that are submitted to the MassDEP and signed by a senior management offical are accompanied by an annual reporting fee. If a facility reduces use below threshold, the fee no longer applies..

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. There are continuing education requirements for the Toxics Use Reduction Planner - the individual who certifies that the toxics use reduction plan conforms with the MassDEP regulations. Many of these educational services are provided at little or no cost by the TURA program and are not required to be provided by the manufacturer. A manufacturer that hires an outside consultant to certify its plan does not bear the costs of this education.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter the formation of small businesses in Massachusetts. The regulation supports the formation and maintenance of responsible manufacturing. For those manufacturers that use toxic chemicals, complying with TURA provides a way to structure and organize responsible chemical management. There are also important business opportunities associated with adoption of safer alternatives.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. The regulation may encourage the formation or location in Massachusetts of manufacturers providing safer alternatives to the relevant toxic chemicals.

• Can the regulation provide for less stringent compliance or reporting requirements for small businesses?

  Yes. TURA specifically exempts manufacturers with fewer than ten full-time equivalent employees. All large quantity toxics users above this threshold are subject to the same reporting and compliance requirements, but the fee varies by the size of the manufacturer (number of employees), with smaller manufacturers paying significantly less than larger manufacturers. The law also allows manufacturers to remove themselves from the regulatory requirements by reducing use below threshold amounts.

• Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. All large quantity toxics users are subject to the same reporting and compliance requirements. The statute requires they be treated equally and does not allow for less stringent schedules or deadlines for compliance. However, reporting and complance assistance is offered to small manufacturers at no charge. The TURA program also provides business assistance grants, educational events, research assistance, and on-site technical assistance, helping both small and large manufacturers to overcome barriers to toxics use reduction and identify opportunities for financial savings.

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

  No. All large quantity toxics users are subject to the same reporting and compliance requirements. The statute requires they be treated equally and does not allow for consolidation or simplified reporting. However, the assistance efforts of the state have helped to simplify the effort of compliance for many small manufacturers covered by the Act by targeting assistance services, outreach, research, and grant programs to users of substances on the TURA List.

• Can performance standards for small businesses replace design or operational standards?

  No. Setting either performance, design or operational standards (for example, where the Commonwealth phases out the use of a chemical or sets strict reductions in its use, or requires specific processing changes), would be more burdensome than what the law currently requires, which is characterized as a "management" standard. TURA's reporting requirements are not burdensome and are considered good chemical management practices. TURA's planning standard is regarded as "business friendly" in that it requires the manufacturer, not the state, to identify its options and evaluate alternatives. TURA leaves the responsibility for making the decision to make changes or switch to an alternative chemical, or to do nothing at all, up to the manufacturer.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. None have been identified by the program that are within its statutory discretion.

• Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe

  Yes. Announcement of the public meetings with an agenda was sent to the list of TURA program stakeholders that are notified of each Administrative Council and Advisory Committee meeting. Those contacted included stakeholders and trade associations such as the American Chemistry Council (ACC), Associated Industries of Massachusetts (AIM), Massachusetts Chemistry and Technology Alliance (MCTA), and companies that distribute products that contain these chemicals.

• Are there regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation?

  No.

Health and Human Services, Executive Office of
101 CMR 424.00

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, July 26, 2024, at 9:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 424.00: Rates for Certain Developmental and Support Services 

 The proposed regulation contains rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.

101 CMR 424.00 governs the rates paid by governmental units for certain developmental and support services provided to publicly aided individuals. Services with rates established by this regulation are purchased by the Department of Developmental Services (DDS) and the Massachusetts Rehabilitation Commission (MRC). Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review rates to be paid by governmental units to providers of social service programs. In accordance with this requirement, the rates for certain developmental and support services are being updated by a cost adjustment factor (CAF) of 2.58%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2024 Q2) and the prospective period of fiscal years 2025 and 2026. The rates for these services have been updated with the weighted average expenses from the FY22 Uniform Financial Statements and Independent Auditor’s Reports (UFRs) for services’ programmatic costs. Staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2022 at the 53rd percentile. The tax and fringe rate has been benchmarked to 27.38%. This benchmark is derived from the MA Comptrollers FY24 approved rate less terminal leave and retirement. Lastly, the administrative allocation has been benchmarked to 12%, consistent with other Chapter 257 programs. A new service has also been added for an off-site direct service provider that monitors and responds to individuals’ needs using live communications and non-invasive monitoring technologies. The language in the Severability section has also been updated for consistency across EOHHS rate regulations. 

The total estimated annualized cost to state government from the increase in rates established by these proposed amendments is $408,715, which represents an increase of 24.08% over FY23 spending of approximately $1.7 million. The increase in spending in FY25 will be covered through the Chapter 257 Reserve Account. 

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings by phone, call 646-558-8656, and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to :
 
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171.

Written testimony will be accepted through 5:00 p.m. on July 26, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealthcovered services.

To review the current draft of the proposed regulation, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from:
 MassHealth Publications
100 Hancock Street, 6th Floor
Quincy, MA 02171. 

To view or download related supporting materials, go to www.mass.gov/infodetails/ proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

July 5, 2024

CMR No: 101 CMR 424.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the number of small businesses subject to the proposed regulation:

  79

• Will small businesses have to create, file, or issue additional reports?

  No. 

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13D, and establishes the rates to be paid by governmental units to providers of certain social service programs.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.  

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

Peace Officer Standards and Training Commission
555 CMR 12.00

NOTICE OF PUBLIC COMMENT PERIOD AND HEARING

Under the authority of M.G.L. c. 6E, §§ 3(a) and 8(d) and pursuant to M.G.L. c. 30A, the Massachusetts Peace Officer Standards and Training Commission (the “Commission”) will conduct a public hearing to gather comments, ideas, and information concerning a proposed regulation, 555 CMR 12.00: Maintenance, Reporting, and Audits of Law Enforcement Records and Information.

Summary of Proposed Regulation:
The proposed regulation would establish requirements for law enforcement agencies and law enforcement officers to create and maintain certain records and to report certain information to the Commission. The regulation would also establish requirements and procedures concerning the auditing of law enforcement agencies and law enforcement officers by or on behalf of the Commission. Lastly, the proposed regulation enumerates ways in which the Commission may take disciplinary action against law enforcement agencies and law enforcement officers as a means of enforcing the obligations of this proposed regulation.

Availability of Proposed Regulation:
The proposed regulation is available on the Commission’s website at: https://www.mass.gov/orgs/post-commission. You may obtain a written copy by e-mailing a request to POSTCPRR@mass.gov or mailing a request to General Counsel Randall E. Ravitz, Massachusetts Peace Officer Standards and Training Commission, 84 State Street, Suite 200, Boston, MA 02109. 

Hearing Details:
The hearing will be held virtually, using the Zoom platform, on Thursday, August 1, 2024, from 10:00 a.m. to 12:00 p.m. All persons desiring to be heard on this matter should appear at that time. If you are interested in offering comments, you are encouraged, but not required, to pre-register by sending an email to POSTC-comments@mass.gov with a subject line stating, “555 CMR 12.00.”
To join via computer, go to: https://zoom.us/j/95924705273. You may need to allow extra time to download Zoom.
To join via telephone (audio only), dial 646-558-8656, and use the following conference ID: 959 2470 5273.
Given the volume of comments anticipated, the Commission may limit a speaker’s time to five minutes. 

Submission of Comments:
The submission of written comments or testimony in advance of the hearing is welcome and may be made by e-mail to POSTC-comments@mass.gov with a subject line stating, “555 CMR 12.00” or by mail to General Counsel Randall E. Ravitz at the physical address listed above. Comments received after August 1, 2024 at 5:00 p.m. might not be considered. 

CMR No: 555 CMR 12.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

The Massachusetts Peace Officer Standards and Training Commission (the “Commission”) hereby files this Small Business Impact Statement in accordance with M.G.L. c. 30A, § 2, relative to the proposed adoption of 555 CMR 12.00: Maintenance, Reporting, and Audits of Law Enforcement Records and Information. 

This regulation is being promulgated as part of the process of regulating law enforcement agencies and law enforcement officers in the Commonwealth. It establishes requirements for law enforcement agencies and law enforcement officers to create and maintain certain records and report certain information; establishes requirements and procedures concerning the auditing of law enforcement agencies and law enforcement officers by or on behalf of the Commission; and enumerates ways in which the Commission may take disciplinary action against law enforcement agencies and law enforcement officers as a means of enforcing the obligations of the regulation. 

The proposed 555 CMR 12.00 applies to law enforcement agencies and law enforcement officers in the Commonwealth. Accordingly, this regulation is unlikely to have an impact on small businesses. Under M.G.L. c. 30A, § 2, the Commission offers the following responses to the statutory questions: 

• Estimate of the number of small businesses subject to the proposed regulation:

  This regulation is unlikely to have an impact on small businesses.

• State the projected reporting, recordkeeping, and other administrative costs required forcompliance with the proposed regulation:

  There are no projected reporting, recordkeeping, or other administrative costs required forsmall businesses to comply with this regulation. This regulation governs law enforcementagencies and law enforcement officers in the Commonwealth, none of which will be or aresmall businesses.

• State the appropriateness of performance standards versus design standards:

  No. Standards applicable to small businesses are set forth. The standards provided arecompliance requirements, akin to performance standards.

• Identify any regulation of the promulgating agency, or of another agency or department ofthe Commonwealth, which may duplicate or conflict with the proposed regulation:

  No. There are no conflicting regulations in 555 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.

• State whether the proposed regulation is likely to deter or encourage the formation of newbusinesses in the Commonwealth:

  This regulation is unlikely to have any impact on the formation of new businesses in theCommonwealth.