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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 March 14 and March 16, 2017.

California

Waste

Proposed Regulations

(3/14/2017) California - Proposed Regulations - Recycling
Designated Approved Collectors
Department of Resources Recycling and Recovery - Amends rules to clarify limits and definitions of local operations, define appropriate representatives of Local Government, improve real-time monitoring of Covered Electronic Waste collection activities, and have meaningful accountability. [Title 14 CCR Sections 18660.5, .20, .47, .48, .49, .50, .51]


Colorado

Water

Final Regulations

(3/16/2017) Colorado - Final Regulations - Effluent Limitations
Discharge Permit System
Department of Public Health and Environment/Water Quality Control Commission - This rulemaking regards modifications to section 61.15(e) regarding fees to limit language to the sectors addressed and to update several statutory references. [5 CCR 1002-61]


(3/16/2017) Colorado - Final Regulations - Water - General
Procedural Rules
Department of Public Health and Environment/Water Quality Control Commission - This rulemaking regards a requirement that commissioners send written disclosures to the Secretary of State regarding apparent conflicts of interest. [5 CCR 1002-21]


Florida

Air

Proposed Regulations

(3/16/2017) Florida - Proposed Regulations - Air - General
General Provisions and Certification Requirements
Department of Health/Division of Environmental Health - The department intends to review these sections and amend rule language as necessary to ensure that all rules conform to statutory requirements. The department intends to delete obsolete language, including an update of fee schedules, update department requirements, definitions, forms and publications related to certification and standards for radon measurement and radon mitigation personnel and businesses. The department intends to update reporting


Water

Proposed Regulations

(3/15/2017) Florida - Proposed Regulations - Effluent Limitations
Purpose, Scope and Applicability
Department of Environmental Protection - The proposed revisions address paragraphs 403.0623(2)(a) and (b), Florida Statutes, enacted under Chapter 2016-01, Laws of Florida, which direct the department to establish quality assurance (QA) standards for the collection and analysis of water quantity data. The proposed revisions also: (1) update the DEP field and laboratory Standard Operating Procedures (DEP SOPs), (2) address miscellaneous, minor revisions to various rules within the chapter, based on stakeho


Georgia

Air

Proposed Regulations

(3/14/2017) Georgia - Proposed Regulations - Air Permitting
Air Quality Control: Permit Fees
Department of Natural Resources/Environmental Protection Division - The Permit Fee provision is being revised to specify the dollar-per-ton rate and reference the Procedures for Calculating Air Permit Fees (permit fee manual) for calendar year 2016 fees. A dollar-per-ton rate and the reference to the permit fee manual for calendar year 2016 fees are added. The dollar-per-ton rates remain the same as the previous year at $37.34/ton for coal-fired power plants and $35.50/ton for all other facilities. [GAC 3


Illinois

Water

Final Regulations

(3/14/2017) Illinois - Final Regulations - Drinking Water
The Illinois Oil and Gas Act
Department of Natural Resources - This Part is being amended to be compliant with federal guidance. The proposed amendment regarding the Step-Rate Test has been changed to be consistent with federal guidance and to protect drinkable water. The Step-Rate Test results will now be consistent with the other possible tests (frac-treatment and acid test) for formation integrity and will also no longer give a result that would damage the formation or endanger water supplies. [62 IAC 240.340]


Indiana

Water

Final Regulations

(3/14/2017) Indiana - Final Regulations - Water - General
Surface Water Emergencies
Natural Resources Commission - Readopts rules pertaining to surface water emergencies on lakes. [312 IAC 11.5]


Maine

Air

Final Regulations

(3/16/2017) Maine - Final Regulations - Energy
Expedited Wind Energy Development Area Designation
Department of Agriculture, Conservation, and Forestry/Land Use Planning Commission - Amends rule to respond to a petition to remove Milton Township from the expedited permitting area for wind energy development. [01-672-10, Appendix F]


(3/16/2017) Maine - Final Regulations - Energy
Expedited Wind Energy Development Area Designation
Department of Agriculture, Conservation, and Forestry/Land Use Planning Commission - Removes Carroll Plantation from the expedited permitting area for wind energy development. [01-672-10, Appendix F]


Massachusetts

Air

Final Regulations

(3/16/2017) Massachusetts - Final Regulations - Air – Emissions Trading Programs
CO2 Budget Trading Program
Executive Office of Energy and Environmental Affairs/Department of Environmental Protection - Deducts the CO2 emissions attributed to the production of useful net thermal energy from the Combined Heat and Power CO2 Budget Source's compliance obligation. [310 CMR 7.70]


National

Emergency Planning & Response

Final Regulations

(3/16/2017) National - Final Regulations - Risk Management
40 CFR 68 - Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective Date
EPA has issued a final rule to stay and delay the effective date of the final rule that amends the chemical accident prevention provisions addressing Risk Management Programs under the Clean Air Act for 90 days. The rule will become effective on June 19, 2017.


HazMat and Chemicals

Final Regulations

(3/15/2017) National - Final Regulations - Pesticides
40 CFR 180 - Streptomycin; Pesticide Tolerances for Emergency Exemptions
EPA has issued a final rule to establish time-limited tolerances for residues of streptomycin in or on fruit, citrus, group 10-10, for both fresh fruit and dried pulp.


Notices

(3/16/2017) National - Notices - Chemicals
Certain New Chemicals; Receipt and Status Information for January 2017
EPA has given notice of its receipt of a premanufacture notice (PMN); an application for a test marketing exemption (TME), both pending and/or expired; and a periodic status report on any new chemicals under EPA review and the receipt of notices of commencement (NOC) to manufacture those chemicals.


New Mexico

Air

Proposed Regulations

(3/15/2017) New Mexico - Proposed Regulations - Air - General
Control of Certain Emissions from Municipal Landfills
Albuquerque/Bernalillo County Air Quality Control Board - The Air Board will hold a public hearing to address a petition for regulatory change from the City of Albuquerque, Environmental Health Department, seeking to take certain actions in response to rules promulgated by the U.S. Environmental Protection Agency affecting municipal solid waste landfills. [NMAC 20.11.63, .64, .71]


Ohio

Air

Final Regulations

(3/15/2017) Ohio - Final Regulations - Air Permitting
Permit to Install and Permit to Install and Operate
Environmental Protection Agency - Amends rule pertaining to definitions. [OAC 3745-31-01]


Oregon

Water

Proposed Regulations

(3/15/2017) Oregon - Proposed Regulations - Water - General
Walla Walla Subbasin
Water Resources Department - Amends rules relating to Walla Walla Subbasin serious water management problem area, classification, and updates. [OAR 690-507-0010 to -0640; -0647 to -0690, -0790]


(3/14/2017) Oregon - Proposed Regulations - Wetlands
OWEB Grant Program and Restoration Grants
Watershed Enhancement Board - Amends rules relating to the administration of the OWEB grant program and restoration grant program, to provide updates on the acceptance and administration of grants in the OWEB grant program administrative rules, and to clarify and streamline the evaluation criteria for restoration grants. [OAR 695-005-0010, -0030, -0040, -0050, -0060; -010-0020, -0060]


Tennessee

Waste

Final Regulations

(3/15/2017) Tennessee - Final Regulations - Superfund
List of Inactive Hazardous Substances Sites
Department of Environment and Conservation/Division of Remediation - Adds the Former Custom Cleaners site to the list of Inactive Hazardous Substance Sites. [TAC 0400-15-1-.13]


Vermont

Water

Final Regulations

(3/16/2017) Vermont - Final Regulations - Water - General
Stream Alteration Rule
Agency of Natural Resources - An amendment to the existing Vermont Stream Alteration Rule is necessary for the Federal Emergency Management Agency (FEMA) to approve Vermont's standards for new and replacement bridges and culverts. Under FEMAbs Public Assistance Program, FEMA approval of Vermont's "codes and standards" is needed to ensure greater federal cost sharing for replacement bridges and culverts destroyed during flood disasters. [Uncodified]


(3/16/2017) Vermont - Final Regulations - Wetlands
Wetland Rules
Agency of Natural Resources - Certain administrative updates to the Vermont Wetland Rules are necessary to reflect statutory updates effective since the Rules were last amended in 2010, provide procedural changes necessary to come into conformance with the permit process reform requirements of Act 150 of 2016, and to add four wetlands to the list of Class I wetlands to increase their protections. Changes to the existing rule include: 1. Replacement of references to the Water Resources Panel with reference


Virginia

Water

Final Regulations

(3/14/2017) Virginia - Final Regulations - Wastewater - General
Board for Waterworks and Wastewater Works Operators
Secretary of Commerce and Trade/Department of Professional & Occupational Regulation/Board for Water - This program was incorporated into the regulations governing waterworks and wastewater works operators. As the regulations have not undergone cumulative review since the inclusion of the onsite sewage program in 2009, a thorough review is necessary to ensure that the regulation complements current Virginia law, provides minimal burdens on regulants while still protecting the public, and reflects curr


Washington

Air

Proposed Regulations

(3/14/2017) Washington - Proposed Regulations - Air - General
Fees
Southwest Clean Air Agency - Establishes fees for a variety of administrative and permitting activities. Proposes to remove fee citations from the main body of this rule, and incorporate the citations into a separate fee schedule approved via board resolution. This change will allow the agency to review/revise fees by direct board action instead of formal rule making. [Uncodified]


Waste

Proposed Regulations

(3/14/2017) Washington - Proposed Regulations - Hazardous Waste - General
Hazardous Waste
Department of Ecology - Sets standards for the safe management of dangerous wastes. Amend specific sections of the dangerous waste regulations to incorporate new federal hazardous waste rules. [WAC 173-303]


Water

Proposed Regulations

(3/14/2017) Washington - Proposed Regulations - Water Permitting
Wastewater and Stormwater Permit Programs
Department of Ecology - Establishes annual fees that will fund the wastewater and stormwater permit programs. [WAC 173-224-030, -040, -050]


Wisconsin

Water

Proposed Regulations

(3/15/2017) Wisconsin - Proposed Regulations - Stormwater-Construction Activities
Construction Site Erosion Control Model Ordinances
Department of Natural Resources - This rulemaking regards model zoning ordinances for construction site erosion control and for post-construction storm water management. [NR 152]