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To: From: Sent: Subject: Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Tue 10/17/2017 12:27:43 PM Oct. 17 - EHS State Regulatory Alert EHS State Regulatory Alert October 17, 2017 - Number 199 You can create a report customized by topic, jurisdiction, and date range by using the Regulatory Summaries Report Tool. The report can be generated in Excel, Word, or PDF. Alaska WATER APDES General Permit for Aquaculti Alaska WATER lilies Notice of the Department of Environmental Conservation announces the availability of a draft Alaska Pollutant Discharge Elimination System general permit for discharges from aquaculture facilities. The general permit applies to all commercial and noncommercial concentrated aquatic animal production facilities that produce, hold, or contain 20,000 pounds or more of aquatic animals per year in ponds, raceways, or similar structures; feed 5,000 pounds or more of food during a calendar month; and discharge at least 30 days per year. The permit authorizes and sets conditions on the discharge of pollutants from such facilities, which include total suspended and settled solids, pH, ammonia, dissolved oxygen, and chlorine. The permit also limits the types and amounts of pollutants that may be discharged, provides best management practices, and requires effluent and receiving water monitoring. A hearing is scheduled for Nov. 13, 2017, in Anchorage and via conference call. Comments are due Nov. 20, 2017. Contact: Angela Hunt; DEC; 907-269-7599; angela.hunt@alaska.gov --Alaska Regulations (10/13/2017) Regulatory Update California HAZARDOUS MATERIALS TRANSPORTATION Hazardous Materials/Explosives Routes and Stopping Places California HAZARDOUS MATERIALS TRANSPORTATION Proposed rule of the California Highway Patrol amends regulations under 13 CCR 1152.6.1 regarding commercial vehicle routes and stopping places for transportation of explosives. The Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001149-00001 rule updates Map 16A of explosives routes for the San Diego area by removing 4.3 miles and extending 42.4 miles of currently designated routes. Hearing requests are due Nov. 13, 2017. Comments are due Nov. 27, 2017. Contact: Tian-Ting Shih; CHP, Commercial Vehicle Section; 916 843-3400; cvsregs@chp.ca.gov --California Regulatory Notice Register (10/13/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Hazardous Waste Facilities/Postclosure Requirements California HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Toxic Substances Control amends regulations under 22 CCR 66264.90, 66264.110, 66265.90, 66265.110, 66270.1, and 66270.14 and adopts regulations under 22 CCR 66264.121,66265.121, and 66270.28 regarding hazardous waste permitted facilities and interim status facilities that have never received full authorization or a postclosure permit. The rule allows the DTSC to issue an enforcement mechanism in lieu of a postclosure permit as long as the enforcement mechanism is adequately protective of human health and the environment. The rule provides that such enforcement mechanisms may be used to address releases, to seek cost recovery, and to compel other responsible parties such as generators to carry out response or remedial activities. The rule also establishes public notice and comment requirements for the issuance of enforceable documents in lieu of permits. A workshop is scheduled for Nov. 2, 2017, and a hearing is scheduled for Dec. 1, 2017, both in Sacramento and via webcast. Comments are due Dec. 1,2017. Contact: Mary Gaspari; DTSC; 916-255-6423; mary.gaspari@dtsc.ca.gov --California Regulatory Notice Register (10/13/2017) Regulatory Update OCCUPATIONAL SAFETY AND HEALTH Occupational Exposure to Beryllium California OCCUPATIONAL SAFETY AND HEALTH Final rule of the Department of Industrial Relations, Occupational Safety and Health Standards Board, amends regulations under 8 CCR 5155 and adopts regulations under 8 CCR 1535.1, 5205, and 8359.1 to align state requirements for occupational exposure to beryllium for construction; general industry; and ship building, repairing, and breaking with Jan. 9, 2017, federal amendments. The rule reduces the airborne permissible exposure limit to 0.2 micrograms per cubic meter (yg/m3) of air as an eight-hour time-weighted average and 2.0 yg/m3 as a short-term exposure limit determined over a sampling period of 15 minutes. The rule also establishes requirements for exposure assessment, methods for controlling exposure, respiratory protection, personal protective clothing and equipment, medical surveillance, hazard communication, and recordkeeping. In addition, the rule provides a list of nonmandatory control options that employers can use to comply with the rule in a number of specific beryllium operations. Finally, the rule specifies compliance dates for the three industry standards and requirements for change rooms and engineering controls. The rule is effective Oct. 2, 2017. Contact: Marley Hart; DIR, CalOSHA Standards Board; 916-274-5721 --California Regulatory Notice Register (10/13/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001149-00002 PESTICIDES Pesticides and Pest Control Gpeiations/Filtering Facepieces California PESTICIDES Proposed rule of the Department of Pesticide Regulation amends regulations under 3 CCR 6000 and 6739 regarding pesticide worker safety. The rule clarifies that a filtering facepiece respirator is one that is approved by the National Institute for Occupational Safety and Health. The rule also removes the term "dust mask" from the definition of "filtering facepiece" and removes an obsolete reference to "dust mask" in voluntary respiratory protection provisions. Hearing requests are due Nov. 13, 2017. Comments are due Nov. 27, 2017. Contact: Linda Irokawa-Otani; DPR; 916-445-3991 --California Regulatory Notice Register (10/13/2017) Regulatory Update PESTICIDES Structural Pest Control Board/Company Registration California PESTICIDES Final rule of the Structural Pest Control Board amends regulations under 16 CCR 1914 regarding restrictions on issuance of a company registration. The rule specifies that the board will not issue a company registration in the name of a firm whose company registration has been surrendered. The rule also provides that the use of a name style or telephone number of a company whose registration has been surrendered is grounds for disciplinary action. The rule is effective Jan. 1, 2018. Contact: David Skelton; Structural Pest Control Board; 916-561-8722; david.skelton@dca.ca.gov --California Regulatory Notice Register (10/13/2017) Regulatory Update WATER Department of Water Resources/Conflict of Interest Code California WATER Proposed rule of the Department of Water Resources amends regulations under 23 CCR 595 to revise the agency's conflict of interest code. The rule also addresses reorganizations, adds new disclosure categories, and makes other technical changes to reflect the current organizational structure of the department. Hearing requests are due Nov. 12, 2017. Comments are due Nov. 27, 2017. Contact: Amanda Jack; DWR; 916-651-6851; form700@water.ca.gov --California Regulatory Notice Register (10/13/2017) Regulatory Update WATER Domestic Water Quality and Monitoring Regulations California WATER Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001149-00003 Proposed rule of the State Water Resources Control Board adopts regulations under 22 CCR 64417 through 64420.7 to establish standards regarding the use of point-of-entry (POE) and pointof-use (POU) treatment devices by a public water system in place of centralized treatment. The rule adds definitions of POU and POE treatment devices and establishes permitting requirements. The rule also establishes economic feasibility criteria and requirements for monitoring, public hearings, and recordkeeping and reporting for POUs. The rule currently is in effect on an emergency basis, and expires Jan. 1, 2018, or upon the adoption of a permanent rule. A hearing is scheduled for Nov. 27, 2017, in Sacramento. Comments are due Nov. 30, 2017. Contact: Melissa Hall; SWRCB; 916-323-0373; melissa.hall@waterboards.ca.gov --California Regulatory Notice Register (10/13/2017) Regulatory Update New York WATER Susquehanna River Basin Commission/Projects Approved for Consumptive Water Uses New York WATER Notice of the Susquehanna River Basin Commission announces a list of projects approved for consumptive use of water in July 2017. The notice addresses 15 projects approved by rule for consumptive use, including uses related to unconventional natural gas and other hydrocarbon development. Contact: Jason Oyler; SRBC; 717-238-0423; joyler@srbc.net --New York State Register (10/11/2017) Regulatory Update WATER Susquehanna River Basin Commission/Projects Approved for Minor Modifications New York WATER Notice of the Susquehanna River Basin Commission announces a list of minor modifications approved for previously approved projects in July 2017. The notice addresses a project in Deerfield Township, Pa., approved by rule to change the design of the surface water intake with respect to intake location. Contact: Jason Oyler; SRBC; 717-238-0423; joyler@srbc.net --New York State Register (10/11/2017) Regulatory Update Pennsylvania Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001149-00004 WATER Susquehanna River Basin Commission Hearing Pennsylvania WATER Notice of the Susquehanna River Basin Commission announces a hearing to receive testimony regarding 18 projects, including new, renewed, and revised applications for groundwater and surface water withdrawals and consumptive water use. The hearing is scheduled for Nov. 2, 2017, in Harrisburg. Comments are due Nov. 13, 2017. Contact: Jason Oyler; SRBC; 717-238-0423 --Pennsylvania Bulletin (10/14/2017) Regulatory Update Privacy Policy | Terms of Service | Manage Your Email | Contact Us 1801 South Bell Street, Arlington, VA 22202 Copyright 2017 The Bureau of National Affairs, Inc.. EHS State Regulatory Alert Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001149-00005