Welcome to this edition of BLR's Regulatory Update, covering your state(s) and federal register activity posted to Enviro.BLR.com between March 7 and March 9, 2023.
Florida
Water
Proposed Regulations
(3/9/2023) Florida - Proposed Regulations - Water - General
Ingress and Egress Easements Across District Lands
Water Management Districts/Northwest Florida Water Management District - Establishes criteria for granting ingress and egress easements across NWFWMD-owned land. [FAC 40A-1.2026]
(3/7/2023) Florida - Proposed Regulations - Wetlands
Minimum Wetland Levels
Water Management Districts/Southwest Florida Water Management District - Removes the existing prescriptive methodology rule language and the specific Minimum Wetland Level definition for certain, isolated cypress wetlands in order to allow use of minimum level methods that best address site-specific characteristics. The minimum levels are used in the Department's permitting and resource management and development programs. [FAC 40D-8.623]
Maine
EHS Management
Final Regulations
(3/9/2023) Maine - Final Regulations - Environment - General
Commercial Property Assessed Clean Energy Program
Efficiency Maine Trust - The Trust is proposing a new rule governing the implementation of its Commercial Property Assessed Clean Energy (CbPACE) Program. C-PACE is a financing structure in which building owners borrow money for energy projects and make repayments via an assessment on their property tax bill. The proposed rule enumerates underwriting standards, quality assurance provisions, and how the program will be administered, whether administered by the Trust (or its agent) or by a municipality. [95
National
Air
Final Regulations
(3/9/2023) National - Final Regulations - Air - General
40 CFR 52 - Approval and Promulgation of Implementation Plans; New Jersey; Motor Vehicle Enhanced Inspection and Maintenance Program; Diesel Opacity Cutpoints
EPA has issued a final rule approving revisions to the State Implementation Plan (SIP) submitted by the New Jersey Department of Environmental Protection (NJDEP) in 2009 for New Jersey's motor vehicle inspection and maintenance (I/M) program.
(3/8/2023) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; Georgia; Macon Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
The EPA has finalized approval of a state implementation plan (SIP) revision submitted by the State of Georgia. The SIP revision includes the Limited Maintenance Plan for the Macon 1997 8-hour ozone national ambient air quality standards (NAAQS) maintenance area.
(3/8/2023) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; MO; Restriction of Visible Air Contaminant Emissions
The EPA has taken final action to approve revisions to the Missouri State Implementation Plan (SIP) received on November 29, 2016, and March 7, 2019. The revisions were submitted by Missouri in response to a finding of substantial inadequacy and SIP call published on June 12, 2015, for a provision in the Missouri SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events.
(3/8/2023) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen Oxides SIP Call Alternative Monitoring
The EPA has conditionally approved a revision to the Tennessee State Implementation Plan (SIP). This revision establishes alternative monitoring, recordkeeping, and reporting requirements under the Nitrogen Oxides SIP Call.
(3/8/2023) National - Final Regulations - Hazardous Air Pollutants
40 CFR 63 - National Emission Standards for Hazardous Air Pollutants: Wood Preserving Area Sources Technology Review; Technical Correction for Surface Coating of Wood Building Products
The EPA has finalized the technology review conducted for the Wood Preserving Area Sources category regulated under national emission standards for hazardous air pollutants (NESHAP).
(3/8/2023) National - Final Regulations - Air - General
40 CFR 81 - Designation of Areas for Air Quality Planning Purposes; California; Coachella Valley Ozone Nonattainment Area; Reclassification to Extreme
The EPA has granted requests by the California Air Resources Board (CARB) to reclassify the Coachella Valley ozone nonattainment area in California from "Severe-15" to "Extreme" for the 2008 ozone national ambient air quality standards (NAAQS).
(3/7/2023) National - Final Regulations - Air - General
40 CFR Part 52 - Air Plan Approval; North Dakota; Revisions to Permitting Rules; and Correction
EPA has issued a final rule to approve State Implementation Plan (SIP) revisions submitted by North Dakota on August 3, 2020. The revisions contain amendments to the State's Ambient Air Quality Standards, Permit to Construct, and Prevention of Significant Deterioration (PSD) regulations.
Proposed Regulations
(3/7/2023) National - Proposed Regulations - Air - General
40 CFR Part 52 - Determination of Attainment by the Attainment Date But For International Emissions
EPA has proposed to determine that the El Paso-Las Cruces, Texas-New Mexico nonattainment area would have attained the 2015 ozone national ambient air quality standard (NAAQS) by the August 3, 2021 ``Marginal'' area attainment date, but for emissions emanating from outside the United States.
(3/7/2023) National - Proposed Regulations - Air Permitting
40 CFR Parts 52 and 70 - Air Plan Approval; Pennsylvania
EPA has proposed to approve both a state implementation plan (SIP) revision and title V operating permits program revision submitted by the Pennsylvania Departmental of Environmental Protection (PADEP) on behalf of the Commonwealth of Pennsylvania.
EHS Management
Notices
(3/7/2023) National - Notices - Recordkeeping
Privacy Act of 1974; System of Records
EPA has given notice that it proposes to modify a system of records pursuant to the provisions of the Privacy Act of 1974. The Mass Alert Notification System (MANS) is being modified to update the system location, contact information, and record source categories, and to add one additional General Routine Use.
HazMat and Chemicals
Final Regulations
(3/9/2023) National - Final Regulations - Pesticides
40 CFR 180 - Diglycerol in Pesticide Formulations; Tolerance Exemption
EPA has issued a final rule that establishes an exemption from the requirement of a tolerance for residues of diglycerol when used as an inert ingredient (plasticizer) on growing crops and raw agricultural commodities pre- and post-harvest.
(3/9/2023) National - Final Regulations - Pesticides
40 CFR 180 - Mandestrobin; Pesticide Tolerances
EPA has issued a final rule that establishes a tolerance for residues of mandestrobin in or on Vegetable, tuberous and corm, except potato, subgroup 1D.
Water
Notices
(3/8/2023) National - Notices - Water - General
Clean Water Act; Contractor Access to Confidential Business Information
The EPA intends to transfer confidential business information (CBI) collected from numerous industries under a newly awarded contract, effective November 1, 2022, to Eastern Research Group (ERG) and its subcontractors. Transfer of this information is necessary for ERG to assist the Office of Water in the preparation of effluent guidelines and standards and with its effluent guidelines planning and review activities.
(3/7/2023) National - Notices - NPDES
Issuance of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges From Hydrostatic Testing of New and Existing Vessels
EPA has given notice that the Water Division Director for the United States Environmental Protection Agency (EPA), Region 6 signed and issued the final permit of the NPDES General Permit for Discharges from Hydrostatic Testing of New and Existing Vessels in New Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country within the States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, OKG27I000, NMG27I000, & LAG27I000).
New Hampshire
Air
Proposed Regulations
(3/9/2023) New Hampshire - Proposed Regulations - Air – Emissions Trading Programs
Acid Deposition Control Program
Department of Environmental Services - The proposed amendments clarify the existing rules and add three definitions for the terms average emission rate, baseline average emission rate, and maximum total heat input capacity as those terms are currently contained in RSA 125-D:2. [Env-A 400]
North Dakota
Air
Final Regulations
(3/7/2023) North Dakota - Final Regulations - Air - General
40 CFR Part 52 - Air Plan Approval; North Dakota; Revisions to Permitting Rules; and Correction
EPA has issued a final rule to approve State Implementation Plan (SIP) revisions submitted by North Dakota on August 3, 2020. The revisions contain amendments to the State's Ambient Air Quality Standards, Permit to Construct, and Prevention of Significant Deterioration (PSD) regulations.
Pennsylvania
Air
Proposed Regulations
(3/7/2023) Pennsylvania - Proposed Regulations - Air Permitting
40 CFR Parts 52 and 70 - Air Plan Approval; Pennsylvania
EPA has proposed to approve both a state implementation plan (SIP) revision and title V operating permits program revision submitted by the Pennsylvania Departmental of Environmental Protection (PADEP) on behalf of the Commonwealth of Pennsylvania.
Texas
HazMat and Chemicals
Final Regulations
(3/7/2023) Texas - Final Regulations - Pesticides
General
Department of Agriculture - Proposes amendments to rules concerning Pesticides. [4 TAC 1.7.A.7.1]
(3/7/2023) Texas - Final Regulations - Pesticides
Registration
Department of Agriculture - Adopts a system through which pesticide registrations expire on dates other than the second anniversaries of their approvals or renewals. [4 TAC 1.7.B.7.10, .12, .14]
(3/7/2023) Texas - Final Regulations - Pesticides
Use and Application
Department of Agriculture - Adopts a list of state-limited-use pesticides and to regulate their terms and conditions of use. [4 TAC 1.7.D.7.30 through .33, .36, .37, .39, .40]