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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 August 16 and August 19, 2019.
Arizona

HazMat and Chemicals

Final Regulations

(8/19/2019) Arizona - Final Regulations - Pesticides
Pesticides
Department of Agriculture/Environmental Services Division - Provides that the fee reduced in this rulemaking is expected to lower revenue to a level consistent with the current expenses; provides that revenue generated from the fee provide the Department with resources to address proper pesticide disposal, offsetting potential future environmental costs associated with pesticide waste. [R3-3-702]

Colorado

Water

Final Regulations

(8/16/2019) Colorado - Final Regulations - Effluent Limitations
Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - This rulemaking concerns the Classifications and Numeric Standards for Upper Colorado River Basin and North Platte River (Planning Region 12). [5 CCR 1002-33]

(8/16/2019) Colorado - Final Regulations - Effluent Limitations
Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - This rulemaking concerns the Classifications and Numeric Standards for Lower Colorado River Basin. [5 CCR 1002-37]

Proposed Regulations

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
Gunnison and Lower Dolores River Basins Classifications
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-35]

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
Lower Colorado River Basin Classifications
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-37]

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
Planning Region 12 Classifications and Standards
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-33]

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
Rio Grande River Basin Classifications and Standards
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-36]

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
River Basin Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-38]

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
River Basis Classifications and Standards
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-32]

(8/19/2019) Colorado - Proposed Regulations - Effluent Limitations
San Juan and Dolores River Basins Classifications
Department of Public Health and Environment/Water Quality Control Commission - Proposes new temporary modifications and revisions to current temporary modifications of water quality standards expiring on or before a specified date. [5 CCR 1002-34]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
Classifications and Numeric Standards for River Basin
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016, and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-32]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
Impaired Waters, Monitoring, and Evaluation List
Department of Public Health and Environment/Water Quality Control Commission - Establishes the Lists of Impaired Waters and the Monitoring and Evaluation List that identifies water bodies where there is a reason to suspect water quality problems. [5 CCR 1002-93]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
Lower River Basin Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016, and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-37]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
Planning Region Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016 and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-33]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
Rio Grande Basin Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016 and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-36]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
River Basin Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016, and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-34]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
River Basin Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016, and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-35]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
River Basin Classifications and Numeric Standards
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016, and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-38]

(8/16/2019) Colorado - Proposed Regulations - Effluent Limitations
Standards and Methodologies for Surface Water
Department of Public Health and Environment/Water Quality Control Commission - Revises the hardness based cadmium table value standards to protect aquatic life use based on the US EPA's Aquatic Life Ambient Water Quality Criteria, 2016, and toxicity data that have become available since EPA's recommended criteria were released. [5 CCR 1002-31]

Florida

Waste

Proposed Regulations

(8/16/2019) Florida - Proposed Regulations - Universal Wastes
Spent Universal Waste
Department of Environmental Protection - Amends rules identified in the Department's 2018-2019 Regulatory Plan as needing to be amended to increase efficiency and improve coordination with other programs by adopting an updated form. [FAC 62-737.400]

(8/16/2019) Florida - Proposed Regulations - Solid Waste
Standards for Disposal of Coal Combustion Residuals
Department of Environmental Protection - Relates to the standards for the disposal of coal combustion residuals in landfills and surface impoundments and any subsequent amendments or modifications; establishes the procedures by which coal combustion residuals permits will be issued to facilities that are currently required to comply with the requirements. [FAC 62-701.100, .200, .210, .220, .300, .310, .315, .320, .330, .340, .400, .410, .420, .430, .500, ]

(8/16/2019) Florida - Proposed Regulations - Hazardous Waste - General
Universal Pharmaceutical Waste
Department of Environmental Protection - Amends rules identified in the Department's 2018-2019 Regulatory Plan as needing to be amended to increase efficiency and improve coordination with other programs by adopting updated forms. [FAC 62-730.150, .171, .186, .220, .900]

Hawaii

HazMat and Chemicals

Proposed Regulations

(8/16/2019) Hawaii - Proposed Regulations - Pesticides
Environmentally-Related Illness and Injury Reporting
Department of Health - The proposed amendments update requirements for the reporting of designated heavy metal and pesticide laboratory results to include all results as well as improve the quality of data and methods of reporting. [HAR 11-5]

Indiana

Air

Proposed Regulations

(8/16/2019) Indiana - Proposed Regulations - Air - General
Material Requirements for Cold Cleaner Degreasers
Department of Environmental Management/Air Pollution Control Division - Amends rules concerning cold cleaning degreasing and the addition of a control device option to comply with the requirement to use a low vapor pressure solvent. [326 IAC 8-3-8]

(8/16/2019) Indiana - Proposed Regulations - Air - General
Sulfur Dioxide Revisions for Harbor Coke Company
Department of Environmental Management/Air Pollution Control Division - Amends sulfur dioxide emission limitations for Harbor Coke Company and Cokenergy, LLC. [326 IAC 7-4.1-7, -8]

Iowa

Water

Final Regulations

(8/16/2019) Iowa - Final Regulations - NPDES
National Pollutant Discharge Elimination System Permit
Environmental Protection Commission - Renews the National Pollutant Discharge Elimination System (NPDES) General Permit No. 6 (GP6), which authorizes the discharge of wastewater associated with well construction activities. The permit requires the implementation of best management practices and requires visual monitoring of the wastewater effluent to determine compliance with the state's water quality standards. [IAC 567-64.15]

Kansas

Waste

Final Regulations

(8/16/2019) Kansas - Final Regulations - PCB Management
Polychlorinated Biphenyl Disposal Facilities
Department of Health and Environment - Revokes rule concerning the regulation of polychlorinated biphenyl (PCB) disposal facilities were repealed effective July 1, 2014. [KAR 28-55-1, -2, -3, -4, -5]

National

Air

Final Regulations

(8/19/2019) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2) Revision
EPA has issued a final rule approving a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend Refinery (FHR) that pertains to the shutdown and replacement of certain equipment at the refinery as well as amendments to certain emission limits, resulting in an overall decrease of SO2 emissions from FHR.

(8/19/2019) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction
EPA has issued a final rule approving revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA has also corrected its previous approval of some statute provisions to provide clarification of the approval action taken.

(8/19/2019) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction
EPA has issued a final rule approving revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA has also corrected its previous approval of some statute provisions as approval of these provisions into the SIP was in error.

Proposed Regulations

(8/19/2019) National - Proposed Regulations - Air - General
40 CFR 52 - Air Plan Approval; Illinois; Emissions Reduction Market System Sunsetting
EPA has proposed to approve an Illinois State Implementation Plan (SIP) revision concerning the state's Emissions Reduction Market System (ERMS) program for the Chicago ozone nonattainment area (NAA) in Illinois.

(8/19/2019) National - Proposed Regulations - Air - General
40 CFR 52 - Air Plan Approval; Indiana; Limited Maintenance Plan for 1997 Ozone NAAQS; Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute
EPA has proposed to approve a submission from Indiana as a state implementation plan (SIP) revision in accordance with the Clean Air Act (CAA). Indiana submitted its 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the following Indiana areas:] Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute.

(8/19/2019) National - Proposed Regulations - Air - General
40 CFR 52 - Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction
EPA has proposed to approve revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions to provide clarification of the approval action taken.

(8/19/2019) National - Proposed Regulations - Air - General
40 CFR 52 - Air Plan Approval; Ohio; Second Limited Maintenance Plans for 1997 Ozone NAAQS
EPA has proposed to approve a state implementation plan (SIP) revision submitted by Ohio. Ohio submitted the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Canton-Massillon (Stark County), Lima (Allen County), and Toledo (Lucas and Wood Counties) areas and the Ohio portion of the Parkersburg-Marietta [OH-WV] (Washington County), Steubenville-Weirton [OH-WV] (Jefferson County), Wheeling [OH-WV] (Belmont County), and Youngstown-Warren-Sharon [OH-PA] (

(8/16/2019) National - Proposed Regulations - Air - General
40 CFR 52 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standard
EPA has proposed to approve a state implementation plan (SIP) revision from the District of Columbia (the District) that addresses certain infrastructure requirements to implement, maintain, and enforce the 2015 ozone national ambient air quality standards (NAAQS), including the requirements for interstate transport.

(8/16/2019) National - Proposed Regulations - Air - General
40 CFR 52 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; State Implementation Plans for the Cross-State Air Pollution Rule and for the Interstate Transport Requirements of the 2008 Ozone Standard
EPA has proposed to approve two state implementation plan (SIP) revisions submitted by West Virginia, one submitted on March 27, 2018, and one on June 5, 2019 related to the Cross-State Air Pollution Rule (CSAPR).

(8/16/2019) National - Proposed Regulations - Hazardous Air Pollutants
40 CFR 63 - National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Residual Risk and Technology Review; Proposed Rule
EPA has proposed amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities.

EHS Management

Notices

(8/16/2019) National - Notices - Environment - General
Environmental Impact Statements; Notice of Availability
EPA has given notice of the weekly receipt of Environmental Impact Statements filed 08/05/2019 through 08/09/2019.

HazMat and Chemicals

Notices

(8/19/2019) National - Notices - Toxic Substances Control Act
Di-isodecyl Phthalate (DIDP); Manufacturer Request for Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comments
EPA has given notice of the availability of a manufacturer request for a risk evaluation of di-isodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA).

(8/19/2019) National - Notices - Toxic Substances Control Act
Di-isononyl Phthalate (DINP); Manufacturer Request for Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comments
EPA has given notice of the availability of a manufacturer request for a risk evaluation of di-isononyl phthalate (DINP) under the Toxic Substances Control Act (TSCA).

Waste

Final Regulations

(8/16/2019) National - Final Regulations - CERCLA/Superfund
40 CFR 300 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Tennessee Products Superfund Site
EPA has issued a final rule to delete the Tennessee Products Superfund Site (Site) located in Chattanooga, Tennessee, from the National Priorities List.

Water

Proposed Regulations

(8/16/2019) National - Proposed Regulations - Wetlands
40 CFR 121 - Updating Regulations on Water Quality Certification
EPA has proposed updates and clarifications to the substantive and procedural requirements for water quality certification under Clean Water Act. A public hearing will be held in Salt Lake City, Utah on September 5 and 6, 2019, to provide interested parties the opportunity to present data, views, or information concerning the notice of proposed rulemaking (NPRM).

Oklahoma

Air

Final Regulations

(8/16/2019) Oklahoma - Final Regulations - Fuels and Fuel Additives
Fuel Alcohol
Department of Agriculture, Food and Forestry - Updates citations to the Code of Federal Regulations. [OAC 35:13-1-1, -2]

EHS Management

Proposed Regulations

(8/16/2019) Oklahoma - Proposed Regulations - Environment - General
Radioactive Materials Program
Department of Environmental Quality - Amends rules to correct errors, clarify and update, and change the date for incorporation of federal regulations by reference. [OAC 252:410-1-7; 10-1, -32, -35, -40]

Water

Final Regulations

(8/16/2019) Oklahoma - Final Regulations - NPDES
Water Quality
Department of Agriculture, Food and Forestry - Adopts setbacks for new or expanding construction of poultry barns and clean up language of the Emergency Rule. [OAC 35:17-5-2, -3.1]

Oregon

Air

Final Regulations

(8/16/2019) Oregon - Final Regulations - Title V
Purpose, Scope, and Applicability
Department of Environmental Quality - Removes track changed text from rules. [OAR 340-220-0010]

Texas

Water

Proposed Regulations

(8/16/2019) Texas - Proposed Regulations - Groundwater
Groundwater Availability Certification for Platting
Commission on Environmental Quality - Reviews rules pertaining to Groundwater Availability Certification for platting. [30 TAC 1.230]

Utah

Water

Final Regulations

(8/19/2019) Utah - Final Regulations - Effluent Limitations
Standards of Quality for Waters of the State
Department of Environmental Quality/Division of Water Quality - Amends parts of rule concerning Standards of Quality for Waters of the State. [R317-2]

(8/16/2019) Utah - Final Regulations - Water - General
Stream Alteration
Department of Natural Resources/Division of Water Rights - Establishes and clarifies the procedures necessary to obtain approval by the State Engineer for any project that proposes to alter a natural stream within the state. [R655-13]

Proposed Regulations

(8/16/2019) Utah - Proposed Regulations - Water - General
Reports of Water Rights Conveyance
Department of Natural Resources/Division of Water Rights - Requires rule for processing reports of conveyance. [R655-3]

(8/16/2019) Utah - Proposed Regulations - Water - General
Water Wells
Department of Natural Resources/Division of Water Rights - Requires rule for processing and acceptance by the State Engineer. [R655-4]