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To: From: Sent: Subject: Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Wed 6/28/2017 1:22:37 PM June 28 - EHS State Regulatory Alert EHS State Regulatory Alert June 28, 2017 - Number 123 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. Arkansas OIL AND GAS INDUSTRY Gas Pipeline Code Arkansas OIL AND GAS INDUSTRY Final rule of the Public Service Commission, Pipeline Safety Section, amends regulations regarding the gas pipeline code for the design, construction, operation, inspection, and maintenance of natural gas systems. The rule incorporates 2015 amendments to federal pipeline safety standards under 49 CFR 191,192,193, and 199 regarding annual reports and incident reports, minimum safety standards for natural and other gas pipelines, liquefied natural gas facilities, and drug and alcohol testing. The rule also makes technical revisions. The rule is effective May 19, 2017. Contact: Mary Loos; PSC; 501-682-5782 --Arkansas Register (06/26/2017) Regulatory Update Colorado AIR Control of Hazardous Air Pollutants Colorado AIR Final rule of the Department of Public Health and Environment, Air Quality Control Commission, amends regulations under 5 CCR 1001-10, Regulation 8, Parts A and E, regarding hazardous air pollutants emission standards and maximum achievable control technology. The rule incorporates by reference amendments to federal standards under 40 CFR 61 and 63, as of July 1, 2016. The rule also incorporates by reference July 13, 2016, amendments to standards for petroleum refineries; July 25, 2016, amendments to standards for Portland cement manufacturing; and Aug. 3, 2016, amendments to standards for aerospace manufacturing and Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00003871 -00001 rework facilities. The rule is effective July 15, 2017. Contact: Sean Hackett; DPHE; 303-692-3131; sean.hackett@state.co.us --Colorado Register (06/25/2017) Regulatory Update AIR Standards of Performance for New Stationary Sources Colorado AIR Final rule of the Department of Public Health and Environment, Air Quality Control Commission, amends regulations under 5 CCR 1001-8, Regulation 6, Part A, regarding standards of performance for new stationary sources. The rule incorporates by reference amendments to federal new source performance standards under 40 CFR 60, as of July 1, 2016. The rule also incorporates by reference July 13, 2016, amendments to performance standards for certain petroleum refineries and July 7, 2016, amendments to new source performance specifications. In addition, the rule specifies emissions guidelines and compliance times under Clean Air Act 111(d) plans for hospital/medical/infectious waste incinerators, municipal solid waste landfills, and commercial and industrial solid waste incineration units. The rule is effective July 15, 2017. Contact: Sean Hackett; DPHE; 303-692-3131; sean.hackett@state.co.us --Colorado Register (06/25/2017) Regulatory Update WATER Water Quality/Temperature Criteria Methodology Colorado WATER Notice of the Department of Public Health and Environment, Water Quality Control Commission, announces a hearing on a proposed extension of the expiration date of the commission's Policy 06-01 regarding temperature criteria methodology. The policy, which currently expires June 30, 2017, describes the commission's methodology and rationale for developing water temperature criteria and standards for the protection of aquatic life in surface waters, including acute and chronic criteria and protection for sensitive life stages and from thermal shock. The hearing is scheduled for Aug. 7, 2017, in Denver. Comments are due July 26, 2017. Contact: Nancy Horan; DPHE, Water Quality Control Commission; 303-692-3463; cdphe.wqcc@state.co.us --Colorado Register (06/25/2017) Regulatory Update Illinois RADIATION Radiochemistry Laboratories Illinois RADIATION Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00003871 -00002 Proposed rule of the Emergency Management Agency repeals regulations under 32 IAC 406.10 through .280 regarding certification and operation of radiochemistry laboratories. The rule deletes provisions concerning certification; changes in ownership or operations; subcontracting; liability; performance evaluation samples; and hearing, decision, and appeals. The rule also deletes provisions concerning reciprocity agreements; personnel; laboratory standards and practices; analytical methodology; sample collection, handling, and preservation; quality assurance; record maintenance; and action response to results. The agency no longer maintains a laboratory certified to test drinking water supplies or qualified personnel to audit or certify other labs performing such analyses. Comments are due Aug. 7, 2017. Contact: Traci Burton; EMA; 217-785-9860 --Illinois Register (06/23/2017) Regulatory Update WATER Analytical Testing of Community Drinking Water Supply Samples for Radionuclides Illinois WATER ' ' Proposed rule of the Emergency Management Agency repeals regulations under 32 IAC 336.10 through .80 regarding fees for analytical testing of community drinking water supply samples for radionuclides. The rule deletes provisions concerning requests for testing services, payment of fees, community water supply testing categories, testing fees, and sampling points for existing community water supplies. The agency's statutory authority to provide the services was repealed in 2015. Comments are due Aug. 7, 2017. Contact: Traci Burton; EMA; 217-785-9860 --Illinois Register (06/23/2017) Regulatory Update Minnesota WATER Water Quality/Permit Fees and SSTS Credentialing and Product Registration Minnesota WATER Notice announces the intention of the Pollution Control Agency, Municipal Division, to amend regulations under MNR 7002 and 7083 regarding water quality permit fees and subsurface sewage treatment systems (SSTS) credentialing and product registration. The rule increases permit application fees and annual fees for municipal and industrial wastewater permits, noncontact cooling water permits, stormwater permits, feedlot permits, septic systems, environmental review, variances, and laboratories associated with water quality. A hearing is scheduled for July 24, 2017, via video conference in numerous locations. Comments are due Aug. 14, 2017. Contact: Mary Lynn; PCA; 651-757-2439; mary.lynn@state.mn.us --Minnesota State Register (06/26/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00003871 -00003 Ohio WATER Water Quality Standards/Central Ohio Tributaries Drainage Basin Ohio WATER Final rule of the Ohio EPA rescinds and readopts regulations under OAC 3745-1-13 concerning water quality standards for the central Ohio tributaries drainage basin. The rule updates beneficial use designations for specific water bodies, including aquatic life use designations, and adds water bodies that are currently undesignated. The rule is effective Sept. 18, 2017. Contact: Melinda Harris; OEPA; 614-728-1357; melinda.harris@epa.ohio.gov --Ohio Regulations (06/26/2017) Regulatory Update Rhode Island GENERAL ENVIRONMENT AND SAFETY Administrative Inspections Guidelines Rhode Island GENERAL ENVIRONMENT AND SAFETY Proposed direct final rule of the Department of Environmental Management repeals regulations regarding guidelines for administrative inspections by employees of the department. The rule specifies that the guidelines are obsolete. The rule is effective July 27, 2017, if no objections are received by that date. Contact: Sarah Gousie; DEM, Office of Legal Services; 401-222-6607; sarah.gousie@dem.ri.gov --Rhode Island Regulations (06/26/2017) Regulatory Update South Carolina HAZARDOUS WASTE CLEANUP Former Singer Co. Site Voluntary Cleanup Contract South Carolina HAZARDOUS WASTE CLEANUP Notice announces the intention of the Department of Health and Environmental Control to enter into a voluntary cleanup contract with One World Technologies Inc. relating to the Former Singer Co. site in Pickens. The notice specifies that One World will reimburse the department $29,148 for Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00003871 -00004 past response costs and for future costs associated with oversight of response work. The notice also specifies that One World will fund and a remedial investigation to evaluate the source, nature, and extent of release of hazardous substances, pollutants, or contaminants, and to evaluate the effectiveness of the removal, injection pilot study, and continued operation of the groundwater pump and treat system. Comments are due July 24, 2017. Contact: David Wilkie; DHEC, Bureau of Land and Waste Management; 803-898-0882; wilkietd@dhec.sc.gov --South Carolina State Register (06/23/2017) Regulatory Update OCCUPA TIONAL SAFETY AND HEALTH Occupational Safety and Health Regulations South Carolina OCCUPATIONAL SAFETY AND HEALTH Final rule of the Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health, amends regulations under Chapter 71, Article 1, Subarticles 6 and 7, to incorporate by reference Jan. 9, 2017, amendments to federal general industry and construction standards under 29 CFR 1910.1000, 1910.1024, 1926.55, and 1926.1153 regarding occupational exposure to beryllium and beryllium compounds. The rule is effective June 23, 2017. Contact: DLLR, OSHA Standards Office; 803-896-5811 --South Carolina State Register (06/23/2017) Regulatory Update West Virginia SOLID WASTE Disposal of Completion Waste West Virginia SOLID WASTE Final rule of the Department of Environmental Protection adopts regulations under 33 WVCSR 1A regarding disposal of completion waste. The rule establishes a solid waste landfill permit modification process for drill cuttings and associated drilling waste as a special waste and establishes requirements for the cell construction, liner system, and radiation monitoring. The rule also establishes waste profiling requirements and clarifies the requirements for a completed radiation monitoring plan. In addition, the rule specifies procedures for managing completion waste and that it is the secretary's discretion to require additional daily cover, in excess of the daily cover required by the solid waste management rule under 33 WVCSR 01. The rule is effective Aug. 1, 2017. Contact: Sudhir Patel; DEP; 304-926-0499; Sudhir.D.Patel@wv.gov --West Virginia Register (06/25/2017) Regulatory Update Wisconsin Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00003871 -00005 AIR SIP Revision/Sheboygan Cou Wisconsin AIR one Attainment Plan Notice of the Department of Natural Resources announces the submission of a report to the legislature describing a proposed revision to the state implementation plan (SIP) regarding the attainment plan for the Sheboygan County 2008 ozone nonattainment area. The agency intends to submit the SIP revision to the EPA for approval. A comment due date is not specified. Contact: Angie Dickens; DNR; 608-264-8861; Angela.Dickens@wisconsin.gov --Wisconsin Administrative Register (06/26/2017) 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_00003871 -00006