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Welcome to this edition of BLR's Regulatory Update, covering your state(s) and federal register activity posted to Enviro.BLR.com between January 17 and January 19, 2017.

Arizona

Air

Final Regulations

(1/18/2017) Arizona - Final Regulations - Hazardous Air Pollutants
Hazardous Air Pollutants Program
Governor's Regulatory Review Council - Expires rules for Department of Environmental Quality regarding hazardous air pollutants program. [R18-2-1701, -1702, -1703, -1704, -1705, -1706, -1707, -1708, -1709; Table 1, 2, 3]


California

Emergency Planning & Response

Proposed Regulations

(1/19/2017) California - Proposed Regulations - Oil Spill Response
Oil Spill Prevention and Administration Fund Fee
Resources Agency/Department of Fish and Game/Office of Oil Spill Prevention and Response - Implements the Oil Spill Prevention and Administration Fund Fee. [Title 14 CCR Sections 870.15, .17, .19, .21]


Water

Final Regulations

(1/19/2017) California - Final Regulations - Water - General
Water Rights Fee Schedules
State Water Resources Control Board - Amends rules to increase annual water right fees to conform to amounts appropriated by the Legislature from the Water Rights Fund and adjust the caps on application and petition filing fees based on the consumer price index. [Title 23 CCR Section 1066.5]


Colorado

HazMat and Chemicals

Proposed Regulations

(1/19/2017) Colorado - Proposed Regulations - Storage Tanks - General
Underground and Aboveground Storage Tanks
Department of Labor and Employment/Division of Oil and Public Safety - This rulemaking regards storage tank regulation and also provides the address of Oil and Public Safety where codes and standards may be obtained. [7 CCR 1101-14]


Waste

Proposed Regulations

(1/18/2017) Colorado - Proposed Regulations - Hazardous Waste - General
Hazardous Waste
Department of Public Health and Environment/Hazardous Materials and Waste Management Division - This rulemaking concerns the addition of Lewisite to the list of hazardous constituents for the existing listings to allow for a more robust ability to manage and regulate both the acute toxic Lewisite agent as well as secondary wastes contaminated through contact with the material. [6 CCR 1007-3, Part 261, Section 8.87]


(1/18/2017) Colorado - Proposed Regulations - Hazardous Waste - General
Hazardous Waste
Department of Public Health and Environment/Hazardous Materials and Waste Management Division - This rulemaking concerns hazardous wastes that are recycled and clarifies that a ecycling facility must comply with the record keeping requirements and keep a one-time certification and notification related to recyclable materials being used in a manner constituting disposal. [6 CCR 1007-3, Section 261.6, 267.2]


(1/18/2017) Colorado - Proposed Regulations - Hazardous Waste - General
Hazardous Waste
Department of Public Health and Environment/Hazardous Materials and Waste Management Division - This rulemaking regards hazardous waste treatment facilities and clarifies the generator waste analysis and notification requirements. [6 CCR 1007-3, Section 268.7, 8.87]


(1/18/2017) Colorado - Proposed Regulations - Solid Waste
Solid Waste Disposal Sites and Facilities
Department of Public Health and Environment/Hazardous Materials and Waste Management Division - This rulemaking concerns waste impoundments that manage and contain coal combustion residuals. [6 CCR 1007-2, Section 9.1.2]


Florida

Air

Final Regulations

(1/19/2017) Florida - Final Regulations - Air - General
Federal Regulations Adopted by Reference
Department of Environmental Protection/Division of Air Resource Management - The proposed rule amendments update the Departments adoption by reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Parts 51, 52, 58, 60, 61, 63, 70, and 81, to incorporate requirements of the Department's federally approved and delegated air pollution programs. These rule amendments include the adoption by reference of the Emission Guidelines for existing Municipal So


Waste

Final Regulations

(1/19/2017) Florida - Final Regulations - RCRA
Referenced Guidelines and Information Sources
Department of Environmental Protection - Amends rules to modernize and facilitate site management and closure. In addition, new techniques and approaches have been developed to support RBCA, but the rule chapter is silent, ambiguous or implicitly prohibits these advancements. Finally, a number of inconsistencies or incongruities have been uncovered within the rule chapter, and these will be corrected. [FAC 62-780.100, .150, .200, .210, .220, .300, .400, .450, .500, .525, .550, .560, .600, .610, .650, ]


Water

Final Regulations

(1/19/2017) Florida - Final Regulations - Water - General
Minimum Surface Water Levels and Flows and Groundwater
Water Management Districts/St. Johns River Water Management District - The purpose and effect of the proposed rule amendment will be to adopt a minimum spring flow for De Leon Springs in Volusia County and establish factors for determining compliance with a minimum flow or level. [FAC 40C-8.031]


(1/19/2017) Florida - Final Regulations - Water - General
Policy and Purpose and Definitions
Water Management Districts/St. Johns River Water Management District - The purpose and effect of the proposed amendments to rules in Ch 40C-8, F.A.C., will be to: adopt minimum flows or water levels for following Outstanding FL Springs, as defined in subsection 373.802(4), F.S., and required by subsection 373.042(2), F.S.: Alexander Springs in Lake County, De Leon Springs in Volusia County, Gemini Springs in Volusia County, Silver Glen Springs in Marion/Lake Counties, and Silver Springs in Marion County;


Iowa

Water

Final Regulations

(1/19/2017) Iowa - Final Regulations - Effluent Limitations
Water Quality Standards
Environmental Protection Commission - Creates additional flexibility for wastewater dischargers by adding the option to use the Biotic Ligand Model (BLM) to determine water quality criteria for copper. Adds the option to use the Water-Effect Ratio (WER) to adjust the existing water quality criteria for copper. These options have the potential to significantly reduce costs for permit holders that are unable to comply with the existing criteria for copper. [IAC 567-61.3]


National

Air

Final Regulations

(1/18/2017) National - Final Regulations - Hazardous Air Pollutants
40 CFR 63 - National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production
EPA has issued a final rule on the issues for which it announced reconsideration on July 12, 2016, that pertain to certain aspects of the June 30, 2015, final amendments for the Ferroalloys Production source category regulated under national emission standards for hazardous air pollutants (NESHAP).


Notices

(1/19/2017) National - Notices - Air - General
California State Nonroad Engine Pollution Control Standards
EPA has given notice that the Agency is granting the California Air Resources Board's request for authorization of amendments to its Airborne Toxic Control Measure for In-Use Diesel- Fueled Transport Refrigeration Units and TRU Generator Sets and Facilities Where TRUs Operate.


(1/19/2017) National - Notices - Air - General
California State Nonroad Engine Pollution Control Standards; Commercial Harbor Craft Regulations; Notice of Decision
EPA has given notice that the Agency is granting the California Air Resources Board its request for an authorization of its amendments to its Commercial Harbor Craft regulations.


(1/19/2017) National - Notices - Mobile Sources
California State Nonroad Engine Pollution Control Standards; Evaporative Emission Standards and Test Procedures for OHRVs
EPA has given notice that it is granting the California Air Resources Board's request for an authorization of its amendments to its Off-Highway Recreational Vehicle regulation.


(1/19/2017) National - Notices - Air - General
Proposed Settlement Agreement, Clean Air Act Petition for Review
EPA has given notice that of a proposed settlement agreement to address a lawsuit filed by Sierra Club in the United States Court of Appeals for the District of Columbia Circuit: Sierra Club v. EPA, No. 16-1158 (D.C Cir.).


(1/19/2017) National - Notices - Air - General
Response to December 9, 2013, CAA Section 176A Petition
EPA has given notice that the EPA proposes to deny the Clean Air Act petition filed on December 9, 2013 (and amended on December 17, 2013), by the states of Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and Vermont.


Proposed Regulations

(1/19/2017) National - Proposed Regulations - Air - General
40 CFR 52 - Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Southwest Clean Air Agency Jurisdiction
EPA has proposed to approve revisions to the Washington SIP concerning the submitted Southwest Clean Air Agency (SWCAA) general air quality regulations to replace or supplement the corresponding Ecology regulations for sources in SWCAA's jurisdiction, including implementation of the minor new source review and nonattainment new source review permitting programs.


EHS Management

Final Regulations

(1/19/2017) National - Final Regulations - Environment - General
38 CFR 16 - Federal Policy for the Protection of Human Subjects
EPA along with other departments and agencies issued a final rule on revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991.


Notices

(1/19/2017) National - Notices - Environmental Protection Agency
Executive Order 13763 of January 13, 2017 - Providing an Order of Succession Within the EPA
The President has announced the order of succession within the Environmental Protection Agency.


(1/19/2017) National - Notices - Enforcement
DOJ Notice of Lodging Proposed Consent Decree
DOJ has given notice of a proposed Consent Decree in United States, et al. v. Greer Industries, Inc., et al., Case No. 1:17-cv-00004-IMK, was lodged with the United States District Court for the Northern District of West Virginia on January 9, 2017.


(1/19/2017) National - Notices - Environment - General
Memorandum of January 13, 2017 - Providing an Order of Succession Within the Council on Environmental Quality
The President has announced the order of succession within the council on Environmental Quality.


Proposed Regulations

(1/19/2017) National - Proposed Regulations - Environment - General
40 CFR 192 - Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings
EPA has issued a proposed rule for new health and environmental protection standards under the Uranium Mill Tailings Radiation Control Act (UMTRCA) of 1978.


HazMat and Chemicals

Final Regulations

(1/19/2017) National - Final Regulations - Toxic Substances Control Act
40 CFR 9 and 721 - Significant New Use Rules on Certain Chemical Substances; Withdrawal
EPA has withdrawn significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for two chemical substances, which were the subject of premanufacture notices (PMNs).


(1/18/2017) National - Final Regulations - Pesticides
40 CFR 180 - Acequinocyl; Pesticide Tolerances
EPA has issued a final rule to establish tolerances for residues of acequinocyl in or on multiple commodities which are identified and discussed later in this document.


Notices

(1/19/2017) National - Notices - Toxic Substances Control Act
Risk Evaluation Scoping Efforts Under TSCA for Ten Chemical Substances; Notice of Public Meeting
EPA has given notice of a public meeting to receive input and information to assist the Agency in its efforts to establish the scope of risk evaluations under development for the ten chemical substances designated on December 19, 2016 for risk evaluations pursuant to the TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.


(1/19/2017) National - Notices - Toxic Substances Control Act
Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA)
EPA has given notice of an interpretation of TSCA section 14 concerning confidential business information (CBI) claims for information submitted to EPA.


(1/18/2017) National - Notices - Hazmat Transportation
49 CFR 171, 172, 173, 174, 177, 178, 179, and 180 - Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials
PHMSA has given notice that it is considering revising the Hazardous Materials Regulations (HMR) to establish vapor pressure limits for unrefined petroleum-based products and potentially all Class 3 flammable liquid hazardous materials that would apply during the transportation of the products or materials by any mode.


Proposed Regulations

(1/19/2017) National - Proposed Regulations - Chemicals
40 CFR 702 - Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act
EPA has proposed to establish a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use.


(1/19/2017) National - Proposed Regulations - Toxic Substances Control Act
40 CFR 751 - Methylene Chloride and N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a)
EPA has proposed to prohibit the manufacture (including import), processing, and distribution in commerce of methylene chloride for consumer and most types of commercial paint and coating removal.


(1/19/2017) National - Proposed Regulations - Toxic Substances Control Act
40 CFR 751 - Trichloroethylene (TCE); Regulation of Use in Vapor Degreasing Under TSCA Section 6(a)
EPA has proposed to prohibit the manufacture (including import), processing, and distribution in commerce of TCE for use in vapor degreasing; to prohibit commercial use of TCE in vapor degreasing; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping.


(1/19/2017) National - Proposed Regulations - Hazmat Transportation
49 CFR 174 - Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information by Rail
PHMSA has proposed certain provisions of the Fixing America's Surface Transportation (FAST) Act of 2015 and requests comments.


Waste

Notices

(1/19/2017) National - Notices - CERCLA
FY2017 Supplemental Funding for Brownfields Revolving Loan Fund (RLF) Grantees
EPA has given notice that the Agency plans to make available approximately $13 million to provide supplemental funds to Revolving Loan Fund (RLF) capitalization grants previously awarded competitively under section 104(k)(3) of CERCLA.


(1/19/2017) National - Notices - Hazardous Waste Exports and Imports
Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export
EPA has given notice of FOIA requests for documentation received or issued by EPA or data contained in EPA database systems pertaining to the export and import of RCRA hazardous waste from/to the United States, the export of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the United States, and the export and import of RCRA universal waste from/to the US.


Water

Notices

(1/19/2017) National - Notices - NPDES
Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities
EPA has given notice that the ten EPA Regions are issuing the 2017 NPDES general permit for stormwater discharges from construction activities to waters of the United States, also referred to as the "2017 Construction General Permit (CGP).''


(1/19/2017) National - Notices - NPDES
Proposed Reissuance of the NPDES General Permit for Facilities Related to Oil and Gas Extraction in the Territorial Seas of Texas
EPA has given notice that the Director of the Water Division, EPA Region 6 proposes to reissue the NPDES general permit for the Territorial Seas of Texas (No. TXG260000) for discharges from existing and new dischargers and New Sources in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category.


(1/19/2017) National - Notices - Drinking Water
Request for Nominations for Peer Reviewers and for Public Comment on Peer Review Materials To Inform the Derivation of a Water Concentration Value for Lead in Drinking Water
EPA has given notice of the release of materials for public comment that relate to the expert external peer review of documents intended to support the EPA's Safe Drinking Water Act assessment of lead in drinking water.


(1/19/2017) National - Notices - Drinking Water
Revision to the PAG Manual: Protective Action Guide (PAG) for Drinking Water After a Radiological Incident
EPA has given notice that the Agency in coordination with a multi-agency working group within the Federal Radiological Preparedness Coordinating Committee, recently updated its guidance manual on this topic, titled "Protective Action Guides and Planning Guidance for Radiological Incidents'' (referred to herein as the PAG Manual).


New Hampshire

Water

Final Regulations

(1/19/2017) New Hampshire - Final Regulations - Groundwater
Water Well Board Rules
Department of Environmental Services/Water Well Board - The rules are proposed to be readopted with amendments to clarify existing requirements and to improve organization. [We 300-1000]


(1/19/2017) New Hampshire - Final Regulations - Groundwater
Water Well Board Rules Definitions
Department of Environmental Services/Water Well Board - The rules are proposed to adopt definitions in We 101 for "closed loop geothermal well", "critical well location", "listed", "open loop geothermal well", and "sewer". [We 101.08, .11, .24, .27, .38]


Texas

Air

Final Regulations

(1/19/2017) Texas - Final Regulations - Mobile Sources
State Support Services - Vehicle Fleet Management
Comptroller of Public Accounts - The Comptroller of Public Accounts proposes new Section 20.431, concerning definitions, Section 20.432, concerning office of vehicle fleet management, Section 20.433, concerning state vehicle fleet management plan, Section 20.434, concerning assignment and use of pooled vehicles, Section 20.435, concerning vehicle fleet management system, Section 20.436, concerning assistance to state agencies and school districts, Section 20.437, concerning waiver of vehicles to meet requ


(1/18/2017) Texas - Final Regulations - Mobile Sources
State Support Services - Vehicle Fleet Management
Comptroller of Public Accounts - The Comptroller of Public Accounts proposes new Section 20.431, concerning definitions, Section 20.432, concerning office of vehicle fleet management, Section 20.433, concerning state vehicle fleet management plan, Section 20.434, concerning assignment and use of pooled vehicles, Section 20.435, concerning vehicle fleet management system, Section 20.436, concerning assistance to state agencies and school districts, Section 20.437, concerning waiver of vehicles to meet requ


Waste

Final Regulations

(1/19/2017) Texas - Final Regulations - Recycling
Environment, Energy and Water Efficiency
Comptroller of Public Accounts - The Comptroller of Public Accounts proposes new Section 20.306, concerning preferences and Section 20.307, concerning state agency procurements of recycled, remanufactured, or environmentally sensitive commodities or services. [34 TAC 1.20.D.20.306, .307]


(1/18/2017) Texas - Final Regulations - Recycling
Environment, Energy and Water Efficiency
Comptroller of Public Accounts - The Comptroller of Public Accounts proposes new Section 20.306, concerning preferences and Section 20.307, concerning state agency procurements of recycled, remanufactured, or environmentally sensitive commodities or services. [34 TAC 1.20.D.20.306, .307]


Utah

HazMat and Chemicals

Final Regulations

(1/18/2017) Utah - Final Regulations - Underground Storage Tanks
Underground Storage Tanks: Technical Standards
Department of Environmental Quality/Division of Environmental Response and Remediation - The requirement for an underground storage tank (UST) owner to notify the director of the Division of Environmental Response and Remediation (DERR) when storing an alternative fuel in an UST is removed because the new federal UST regulations contain a comparable section on compatibility and notification for alternative fuels. The current Utah wording is therefore no longer necessary. Removal of the wording allows for


Washington

Water

Final Regulations

(1/18/2017) Washington - Final Regulations - Wastewater - General
Public Sewage
Department of Health - Amends rules pertaining to public sewage. [WAC 246-271-010 thru -180 (non seq.)]


Wisconsin

Water

Proposed Regulations

(1/19/2017) Wisconsin - Proposed Regulations - Ag Waste
Soil and Water Resource Management
Department of Agriculture, Trade and Consumer Protection - This rule may determine which aspects of the revised NRCS nutrient management standard to apply and not apply in Chapter ATCP 50. This rule may update current nutrient management standards for farms, and make other clarifications and updates as necessary. [ATCP 50]