Welcome to this edition of BLR's Regulatory Update, covering your state(s) and federal register activity posted to Enviro.BLR.com between October 29 and October 31 2013.

Arkansas

Waste

Notices

(10/30/2013) Arkansas - Notices - Solid Waste
Waste Tire Collection and Disposal Fees
Southeast Arkansas Regional Solid Waste Management District - Establishes rule concerning waste tire collection and disposal fees on non-fee paid tires. [223.00.13]

Proposed Regulations

(10/31/2013) Arkansas - Proposed Regulations - Recycling
Recycling Fund
Southeast Arkansas Regional Solid Waste Management District - Establishes rules concerning the district's use of recycling grant funds for the purpose of recycling and waste reduction activities. [223.00.13]

(10/31/2013) Arkansas - Proposed Regulations - Solid Waste Transporters
Solid Waste Haulers
Southeast Arkansas Regional Solid Waste Management District - Establishes rule concerning requirements and fees that must be provided to the district in order to be licensed and conduct solid waste hauling within the District. [223.00.13]

(10/31/2013) Arkansas - Proposed Regulations - Solid Waste
Waste Tire Collection and Disposal Fees
Southeast Arkansas Regional Solid Waste Management District - Establishes rule concerning waste tire collection and disposal fees on non-fee paid tires. [223.00.13]

(10/29/2013) Arkansas - Proposed Regulations - Solid Waste
General Provisions
Pulaski County Regional Solid Waste Management District - Establishes regulations concerning the rules of governance, fund and current fees, hauler licensing requirements and fees. [227.00.13]

California

Air

Proposed Regulations

(10/30/2013) California - Proposed Regulations - Air - General
Alternative Diesel Fuels 2013
Environmental Protection Agency/Air Resources Board - Specifies biodiesel as the first commercial alternative diesel fuel subject to new regulations, which will include necessary provisions to ensure fuel quality, safeguard against potential increases in oxides of nitrogen (NOx) emissions, and maintains enforceability of these requirements. [Title 13 CCR 2290, 2291, 2292.1 thru .7, 2293, 2293.1 thru .9, 2294, 2295]

(10/30/2013) California - Proposed Regulations - Air - General
Area Designations 2013
Environmental Protection Agency/Air Resources Board - Classifies the air quality in communities as to whether it meets the State Standards. [Title 17 CCR Sections 60201, 60203, 60205, 60207, 60210]

(10/30/2013) California - Proposed Regulations - GHG Management
GHG Regulations for Medium and Heavy-Duty Engines
Environmental Protection Agency/Air Resources Board - Establishes greenhouse gas emission (GHG) standards for medium and heavy-duty engines and vehicles. Clarifies the requirements for tractors retrofitted with sleeper-cab compartments. Adopts new, optional oxides of nitrogen (NOx) standards for heavy-duty vehicle engines. Limits Diesel-Fueled Commercial Motor Vehicle Idling to expand compliance responsibility. Makes amendments to the California Interim Certification Procedures for 2004 and Subsequent Mod

HazMat and Chemicals

Proposed Regulations

(10/30/2013) California - Proposed Regulations - Chemicals
Proposition 65 - Committee Qualifications
Office of Environmental Health Hazard Assessment - Clarifies the existing requirements for scientific experts appointed to the committees by the Governor. Removes certain portions of Section 25304 that were made redundant when Advisory committee members were added to the Office of Environmental Health Hazard Assessments (OEHHA) Conflict of Interest Code. [Title 27 CCR Sections 25302, 25304]

Waste

Final Regulations

(10/30/2013) California - Final Regulations - Hazardous Waste - General
Hazardous Waste Source Reduction Requirements
Department of Toxic Substances Control - Makes changes without regulatory effect to rules regarding hazardous waste source reduction requirements. [Title 22 CCR Sections 67100.1, .8, .9]

Water

Final Regulations

(10/29/2013) California - Final Regulations - Wastewater - General
Waste Discharge Reports and Requirements - Fees
State Water Resources Control Board - Adopts a fee schedule for various categories of discharges. [Title 23 CCR Sections 2200, .5, .6]

Proposed Regulations

(10/30/2013) California - Proposed Regulations - Water Permitting
Water Encroachment Permit Program
Office of the Secretary/Natural Resources Agency/Department of Water Resources - Adopts new regulations establishing rules and procedures for obtaining an Encroachment Permit and removal of unauthorized encroachments along the State Water Resources Development System, otherwise known as the State Water Project ("SWP"). [Title 23 CCR Sections 12899 thru 12899.11]

(10/30/2013) California - Proposed Regulations - Water - General
Water Rights Fee Schedules
State Water Resources Control Board - Adjusts the fee schedule in FY 2013-14 to: (1) increase annual fees to conform to amounts appropriated by the Legislature from the Water Rights Fund, (2) adjust the caps on application and petition filing fees based on the consumer price index, and (3) specify that the registration fee for an appropriation of water for small domestic, livestock stock pond or small irrigation use is non-refundable. [Title 23 CCR Sections 1062, 1066, 1068]

Maine

Air

Proposed Regulations

(10/30/2013) Maine - Proposed Regulations - GHG Management
Budget Trading Program Auction Provisions
Department of Environmental Protection - Proposes amendments to Ch. 158 which established provisions for implementing and administering CO2 allowance auctions, requirements for participation and the process for bids and transfer of allowances. [06-096-158]

(10/30/2013) Maine - Proposed Regulations - GHG Management
CO2 Budget Trading Program
Department of Environmental Protection - Proposes amendments to Ch. 156, which established a carbon dioxide cap-and-trade program in Maine to stabilize and reduce man-made emissions of CO2, a greenhouse gas, from large electric generators. [06-096-156]

EHS Management

Proposed Regulations

(10/31/2013) Maine - Proposed Regulations - Environment - General
Metallic Mineral Exploration
Department of Environmental Protection - Implements the Maine Metallic Mineral Mining Act and will repeal and replace the existing Ch. 200, "Metallic Mineral Exploration, Advanced Exploration and Mining" rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining. [06-096-200]

Waste

Final Regulations

(10/29/2013) Maine - Final Regulations - Hazardous Waste Generators
Standards for Generators of Hazardous Waste
Department of Environmental Protection - Replaces the existing daily hazardous waste container inspection requirement with a weekly inspection requirement; this weekly inspection requirement also applies to satellite accumulation areas. [06-096-851]

Massachusetts

EHS Management

Final Regulations

(10/31/2013) Massachusetts - Final Regulations - Environment - General
Transit System Improvements
Executive Office of Energy and Environmental Affairs/Department of Environmental Protection/Bureau o - Deletes the requirement that the Department of Transportation complete the final design of the Red Line/Blue Line Connector. Lengthens the existing public process requirement that the Department of Environmental Protection hold a public meeting on the annual update and status report within 60 days to 75 days and replaces the term Executive Office of Transportation (EOT) with MassDOT. [310 CMR 7.36]

HazMat and Chemicals

Proposed Regulations

(10/29/2013) Massachusetts - Proposed Regulations - Chemicals
Toxic or Hazardous Substance List
Executive Office of Energy and Environmental Affairs - Implements changes to the list of chemicals made by the Administrative Council on Toxics Use Reduction during fiscal year 2013. These changes include the designation of methylene chloride as a Higher Hazard Substance. [301 CMR 41.00]

Mississippi

Air

Final Regulations

(10/29/2013) Mississippi - Final Regulations - Hazardous Air Pollutants
Prevention, Abatement, and Control of Air Contaminants
Department of Environmental Quality/Commission on Environmental Quality - Amends rules to correct paragraph numbering and remove provisions regarding Mercury Emissions from Electric Utilities since the federal provisions referenced have been vacated and are no longer in effect. [Title 11, Part 2, Chapter 1]

HazMat and Chemicals

Final Regulations

(10/30/2013) Mississippi - Final Regulations - Lead
Lead Based Paint Activities
Department of Environmental Quality/Commission on Environmental Quality - Amends rules to make regulations consistent with amendments to federal EPA regulations and the MS Lead-Based Paint Activity Accreditation and Certification Act. Removes the Opt-Out Provision allowing renovators to do paint chip sampling; defines the record keeping and reporting requirements for renovation activities; and clarifies certain definitions. [Title 11, Part 2, Chapter 9]

National

Air

Final Regulations

(10/29/2013) National - Final Regulations - Air - General
40 CFR 52 - Approval and Promulgation of Implementation Plans; California; South Coast; Contingency Measures for 1997 PM2.5 Standards
EPA has approved a State implementation plan (SIP) revision submitted by California to address Clean Air Act (CAA) contingency measure requirements for the 1997 annual and 24-hour national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5).

Notices

(10/29/2013) National - Notices - Title V
Acid Rain Program: Notice of Annual Adjustment Factors for Excess Emissions Penalty
The EPA has given notice of the dollars per ton excess emissions penalty amounts under the Acid Rain Program, which must be adjusted for each compliance year commensurate with changes in the Consumer Price Index (CPI), for compliance years 2013 and 2014.

Proposed Regulations

(10/30/2013) National - Proposed Regulations - Title V
40 CFR 52 - Air Quality Implementation Plans, North Carolina
EPA has issued a proposed regulation to approve the State of North Carolina's State Implementation Plan (SIP) revision to the State's approved Maintenance Plan for the Raleigh-Durham-Chapel Hill (Triangle) 1997 8-hour Ozone Maintenance Area.

(10/29/2013) National - Proposed Regulations - Air - General
40 CFR 52 - Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Lead (Pb)
EPA has proposed to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Nevada on October 12, 2011, July 23, 2012, and August 30, 2012, pursuant to the requirements of the Clean Air Act (CAA or the Act) for the implementation, maintenance, and enforcement of the 2008 Lead (Pb) national ambient air quality standards (NAAQS).

EHS Management

Notices

(10/31/2013) National - Notices - Enforcement
Notice of Lodging of Consent Decree Pursuant to the Clean Water Act
DOJ has given notice of a proposed Consent Decree in the United States District Court for the Western District of Tennessee in the lawsuit entitled United States of America v. ConAgra Foods, Inc., and ConAgra Grocery Products, LLC.

(10/31/2013) National - Notices - Enforcement
Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act
DOJ has given notice of a proposed Consent Decree with the United States District Court for the District of Utah (Central Division) in the lawsuit, United States v. Newfield Production Company.

HazMat and Chemicals

Final Regulations

(10/31/2013) National - Final Regulations - Hazmat Transportation
49 CFR 171, 172, 173, et al. - Hazardous Materials: Corrections and Response to Administrative Appeals
PHMSA has issued a final rule that corrects editorial errors and amends certain requirements in response to administrative appeals submitted by persons affected by certain final rules published in the Federal Register.

Notices

(10/30/2013) National - Notices - Pesticides
Notice to Comment on Applications to Register Pesticide Products
EPA has given notice of receipt and opportunity to comment on applications to register pesticide products containing active ingredients not included in any currently registered pesticide products.

(10/30/2013) National - Notices - Pesticides
Product Cancellation Order for Certain Pesticide Registrations
EPA has given notice of its order for the cancellations, voluntarily requested by the registrants and accepted by EPA, of the products listed in Table 1a and 1b of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

(10/30/2013) National - Notices - Toxic Substances Control Act
Rescheduled Public Meetings for Dichloromethane and N-Methylpyrrolidone TSCA Chemical Risk Assessment
EPA has given notice that due to the government shutdown, it has rescheduled the remaining two peer review meetings regarding EPA's draft Toxic Substances Control Act (TSCA) chemical risk assessment, "TSCA Workplan Chemical Risk Assessment for Dichloromethane and N-Methylpyrrolidone."

Waste

Final Regulations

(10/31/2013) National - Final Regulations - Superfund
40 CFR 300 - Deletion of the Sola Optical USA, Inc. Superfund Site from the NPL
EPA has issued a final rule deleting the Sola Optical USA, Inc. Superfund Site located in Petaluma, California, from the National Priorities List (NPL).

(10/29/2013) National - Final Regulations - Superfund
40 CFR 312 - Amendment to Standards and Practices for All Appropriate Inquiries
Because EPA received adverse comment, it has withdrawn the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on August 15, 2013.

Water

Notices

(10/31/2013) National - Notices - Wetlands
Best Practices for Continuous Monitoring of Temperature and Flow in Wadeable Streams
EPA has given notice of a 30-day public comment period for the draft document titled, "Best Practices for Continuous Monitoring of Temperature and Flow in Wadeable Streams.''

Proposed Regulations

(10/29/2013) National - Proposed Regulations - NPDES
40 CFR Parts 122, 123, 127, 403, 501, and 503: Extension of Comment Period for the NPDES Electronic Reporting Rule
The U.S. Environmental Protection Agency has extended the comment period for the NPDES Electronic Reporting Rule, published on July 30, 2013.

Nebraska

HazMat and Chemicals

Proposed Regulations

(10/31/2013) Nebraska - Proposed Regulations - Pesticides
Pesticide
Department of Agriculture - Amends regulations concerning pesticide. [Title 25 NAC Chapter 2]

Nevada

HazMat and Chemicals

Proposed Regulations

(10/31/2013) Nevada - Proposed Regulations - Pesticides
Pesticides
The Director of the State Department of Agriculture - A regulation relating to the revision of the amount of money which may be set aside and used from the annual registration fees for restricted-use pesticides. [NAC 586.011]

New Hampshire

Air

Final Regulations

(10/29/2013) New Hampshire - Final Regulations - Air - General
Fuel Specifications
Department of Environmental Services - Intends to prevent, abate, and control pollutants emitted into the ambient air by controlling the use of fuels containing specific pollutant elements and compounds. [Env-A 1600]

(10/29/2013) New Hampshire - Final Regulations - Air - NSPS
General Recordkeeping for Combustion Devices
Department of Environmental Services - Establishes general recordkeeping requirements for combustion devices. Removes sulfur standards for gaseous fuels, as such standards are regulated by the Federal Energy Regulatory Commission. [Env-A 903.03]

(10/29/2013) New Hampshire - Final Regulations - Air - General
Standards for Stationary Fuel Burning Devices
Department of Environmental Services - Clarifies the rules but doesn't make significant changes at this time. Establishes emission standards for particulate matter and visible emissions from stationary fuel burning devices. [Env-A 2000]

Waste

Proposed Regulations

(10/31/2013) New Hampshire - Proposed Regulations - Solid Waste
Solid Waste Rules: Definition of "Vertical Expansion"
Department of Environmental Services - Readopts exisitng rules that establish requirements for landfills with amendment. Rules proposed to adopt a definition of "vertical expansion." [Env-Sw 104.61]

Water

Proposed Regulations

(10/31/2013) New Hampshire - Proposed Regulations - Water - General
Public Bathing Places
Department of Environmental Services - Readopts and amends rules that establish the criteria and procedures for approving the installation, operation, and maintenance of public bathing places in New Hampshire. [Env-Wq 1100]

Ohio

Air

Proposed Regulations

(10/31/2013) Ohio - Proposed Regulations - Air - General
Control of Emissions from Dry Cleaning Facilities
Environmental Protection Agency - Amends rules pertaining to control of emissions of volatile organic compounds from stationary sources and perchloroethylene from dry cleaning facilities. [OAC 3745-21-09]

Rhode Island

Air

Proposed Regulations

(10/31/2013) Rhode Island - Proposed Regulations - Air - Emissions Trading Programs
CO2 Budget Trading Program and Allowance Distribution
Department of Environmental Management/Office of Air Resources - Proposes amendments to air pollution control regulations No. 46 (CO2 Budget Trading Program) and No. 47 (CO2 Budget Trading Program Allowance Distribution). [Uncodified]

South Carolina

Waste

Final Regulations

(10/30/2013) South Carolina - Final Regulations - PCB Management
Management of Wastewater System Sludge
Department of Health and Environmental Control - Prohibits the land application of sludge with quantifiable levels of PCBs from wastewater systems, including but not limited to municipal wastewater treatment facilities, industrial wastewater treatment facilities, and septage from septic tank management and grease trap waste from interceptor tanks serving facilities such as restaurants that have quantifiable levels of PCBs. [uncodified]

Notices

(10/30/2013) South Carolina - Notices - PCB Management
Water Pollution Control Permits
Department of Health and Environmental Control - Amends rules to include restrictions on land application of sludge, including sludges and septage that may be mixed with grease trap waste, where quantifiable levels of PCBs exist. Increases sludge monitoring and reporting including PCB monitoring. [R. 61-9]

Water

Proposed Regulations

(10/30/2013) South Carolina - Proposed Regulations - Water - General
Water Classifications and Standards
Department of Health and Environmental Control - Addresses the required triennial review of water quality standards. Adopts the 2001 methylmercury water quality criterion. [R. 61-68, -69]

Virginia

Water

Final Regulations

(10/31/2013) Virginia - Final Regulations - Groundwater
Ground Water Withdrawal
Secretary of Natural Resources/Department of Environmental Quality/Water Control Board - Addresses the increasing demand on limited groundwater resources, changes to the administrative review process, and regulatory changes necessitated by new information on the coastal plain aquifer system. [9 VAC 25-610-10 thru -170, -190, -220, -240 thru -350, -370, -380, -390 -400]

(10/30/2013) Virginia - Final Regulations - Groundwater
Eastern Virginia Ground Water Management Area
Secretary of Natural Resources/Department of Environmental Quality/Water Control Board - Expands the Easter Virginia Ground Water Management Area to include the remaining portion of Virginia's coastal plain. [9 VAC 25-600-10, -20]