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To: From: Sent: Subject: Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Tue 6/27/2017 10:53:16 PM June 27 - Energy and Climate Report News Energy and Climate Report June 27, 2017-Number 123 Budget House Appropriators Move to Eliminate Funding for ARPA-E The Energy Department's Advanced Research Projects Agency--Energy (ARPA-E) would have its funding eliminated in spending legislation released June 27 by Republicans on the House Appropriations committee. Climate Policy Germany Prepares Fund to Encourage Pension-Pot Climate Spending Germany's environment ministry is to start its first fund aimed at reducing the risk of financing clean-energy projects in emerging nations. Coal Mining $1 Billion Mine Cleanup Bill Moves to Full House A bill that would speed the delivery of $1 billion to states grappling with old, unreclaimed mine sites passed a House committee June 27. Coal-Fired Power Plants Navajo Vote to Extend Large Coal-Fired Power Plant's Lease The massive coal-fired Navajo Generating Station can continue to operate through 2019 after the Navajo Nation Council approved legislation allowing it more time to shut down. Congress EPA Prying Into Witness Testimony Merits Probe: Democrats House Science Committee Democrats are calling for an investigation into potential inappropriate interference from EPA into an agency science adviser's testimony before Congress. Energy Energy Regulator to Retire June 30, Leaving O imissioner The Federal Energy Regulatory Commission's Colette Honorable said her last day will be June 30, leaving the independent agency with one remaining member and four vacancies. Energy Energy Secretary Supports Nuclear, but Funding Cut Proposed Energy Secretary Rick Perry called domestic nuclear energy development a "game changer" at the start of White House "Energy Week," but the department's proposed budget would cut funding for its nuclear office. Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004034-00001 Energy Perry Seeks Energy Pact with Mexico, Canada as NAFTA Talks Near The U.S. has a unique opportunity to develop a "North American energy strategy" with Canada and Mexico, Energy Secretary Rick Perry said, striking a conciliatory tone with the other members of the North American Free Trade Agreement. Energy Perry: Renewables Affect Grid Reliability; FERC Member Refutes Energy Secretary Rick Perry said previous policies benefiting renewable resources threaten baseload resources and lead to a less reliable electric grid, but Federal Energy Regulatory Commissioner Colette Honorable refuted his claim. Energy Pumped Hydropower Storage Bill Passes House A bill designed to eliminate regulatory uncertainty in hydropower storage at federal reservoirs passed the House June 27. Energy Westinghou It Setback in Bid to Recover $2 Billion Westinghouse Electric Co. was dealt a setback in its bid to recover $2 billion from Chicago Bridge & Iron Co. NV stemming from cost overruns at unfinished nuclear reactors in South Carolina and Georgia. Hydraulic Fracturing Interior May Restore Pre-2015 Federal Fracking Regulations The Interior Department appears poised to rescind its 2015 rule on hydraulic fracturing outright, after which it may simply revert to the pre-existing status quo on federal regulations for fracking on federal and Indian lands. Radioactive Waste Adviser Promoted as Acting Head of Nuclear Waste Cleanup Office James Owendoffwas named as acting head of the Energy Department's Office of Environmental Management, which is responsible for the cleanup of waste from the government's nuclear weapons program. Shareholder Proposals Energy Giants May Be Bowing to Investor Sway on Climate Stance Energy companies may be more willing to give in to investor demand for disclosure on climate change after a record show of support for environmental issues this proxy season. Tax Policy Pass and Go: Four Non-Tax Reform Bills That Could Move This Year Top House Republicans have vowed repeatedly to make sweeping tax reform a reality this year--but that effort won't be the only chance to see tax action. 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.. Energy and Climate Report Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004034-00002 To: From: Sent: Subject: Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Wed 6/7/2017 1:05:19 PM June 07 - EHS State Regulatory Alert EHS State Regulatory Alert June 07, 2017 - Number 108 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. Alabama GENERAL ENVIRONMENT AND SAFETY Department of Environmental Management/Communications Alabama GENERAL ENVIRONMENT AND SAFETY Proposed rule of the Department of Environmental Management amends regulations under AAC 335-1-1-.08 regarding communications with the department. The rule updates the address used for submission of correspondence, applications, reports, or other required documents. A hearing is scheduled for July 13, 2017, in Montgomery. Comments are due July 13, 2017. Contact: David Hutchinson; DEM; 334-271-7711 --Alabama Administrative Monthly (05/31/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Department of Environmental Management/Organization Alabama GENERAL ENVIRONMENT AND SAFETY Proposed rule of the Department of Environmental Management amends regulations under AAC 335-1-1-.07 regarding departmental forms, instructions and procedures. The rule adds two forms, revises 45 forms and deletes 27 forms. A hearing is scheduled for July 13, 2017, in Montgomery. Comments are due July 13, 2017. Contact: David Hutchinson; DEM; 334-271-7711 --Alabama Administrative Monthly (05/31/2017) Regulatory Update WATER Department of Environmental Management/Permit Application Fees Alabama WATER Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00001 Proposed rule of the Department of Environmental Management amends regulations under AAC 335-1 -6-.04 regarding permit application fees. The rule corrects fee schedule B for coastal use permits statewide, water quality certification, and project reviews. The rule also removes fee schedule F for National Pollutant Discharge Elimination System construction materials, noncoal, nonmetallic mining, excavation, borrow, disturbance, development dry processing storage, and transloading sites. A hearing is scheduled for July 13, 2017. Comments are due July 13, 2017. Contact: David Hutchinson; DEM; 334-271-7711 --Alabama Administrative Monthly (05/31/2017) Regulatory Update Alaska OCCUPATIONAL SAFETY AND HEALTH Plumbing Code Alaska OCCUPATIONAL SAFETY AND HEALTH Proposed rule of the Department of Labor and Workforce Development, Division of Labor Standards and Safety, amends regulations under 8 AAC 63.010 regarding minimum plumbing standards. The rule incorporates by reference the 2015 Uniform Plumbing Code and deletes unnecessary language. Comments are due July 5, 2017. Contact: William Harlan; DLWD, Division of Labor Standards and Safety; 907-465-2700; anchorage.lss-mi@alaska.gov --Alaska Regulations (06/05/2017) Regulatory Update California Regions WATER Scott and Shasta River Watersheds/Waste Discharge Requirements Conditional Waiver California Regions WATER Notice of the North Coast Regional Water Quality Control Board announces the availability of draft orders renewing the conditional waiver of waste discharge requirements for specific land management activities in the Scott and Shasta river watersheds (Order Nos. RI-2017-0031 and RI2017-0032). The orders provide for waiver of requirements to file a Report of Waste Discharge and obtain Waste Discharge Requirements for discharges addressed in the Scott and Shasta river total maximum daily load action plans for dischargers that implement specified conditions and North Coast region water quality control plan measures. Workshops are scheduled for June 14 and 29, 2017, in Yreka and Santa Rosa, respectively. A meeting is scheduled for Oct. 19, 2017, at a location to be determined. Comments are due July 7, 2017. Contact: Eli Scott; North Coast RWQCB; 707-576-2610; Elias.Scott@waterboards.ca.gov --California RegionsRegulations (06/01/2017) Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00002 Regulatory Update New Hampshire AIR Sources of Hazardous Air Pollutants New Hampshire AIR Proposed rule of the Department of Environmental Services amends regulations under NHAR Env A 500 and adopts regulations under NHAR Env-A 506 regarding standards applicable to certain new or modified facilities and sources of hazardous air pollutants. The rule updates the incorporation by reference of new source performance standards (NSPS) and national emission standards for hazardous air pollutants (NESHAP) under 40 CFR 60, 61, and 63, as of July 1,2016. The rule also incorporates the NSPS for municipal solid waste landfills (Subpart XXX), new residential wood heaters (Subpart AAA), and new residential hydronic heaters and forced air furnaces (Subpart QQQQ). In addition, the rule incorporates federal requirements under 40 CFR 62, Subpart LLL, concerning the federal plan requirements for existing sewage sludge incineration units. A hearing is scheduled for June 29, 2017, in Concord. Comments are due July 7, 2017. Contact: Karla McManus; DES, Air Division; 603-271-6854; Karla.McManus@des.nh.gov --New Hampshire Rulemaking Register (06/01/2017) Regulatory Update New Jersey HAZARDOUS WASTE CLEANUP Site Remediation Professional Licensing Board/Fees New Jersey HAZARDOUS WASTE CLEANUP Notice of the Department of Environmental Protection, Site Remediation Professional Licensing Board, announces the availability of the fee calculation report for calendar year 2017. The report, which is required under NJAC 7:261-3, addresses calculations for the application fee, renewal fee, and annual license fee and specifies that the fiscal year 2016 data proposed for the calculation of calendar 2017 fees does not support a change to the fees. The notice also specifies a need for improved and more accurate collection of such data and announces uncertainties in projections for the fiscal 2017 budget. Contact: DEP, Site Remediation Program; 609-292-1250 --New Jersey Register (06/05/2017) Regulatory Update OCCUPATIONAL SAFETY AND HEALTH Health and Safety Standards for Public Employees/Hazard Communication Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00003 New Jersey OCCUPATIONAL SAFETY AND HEALTH Final rule of the Department of Labor and Workforce Development amends regulations under NJAC 12:100-1.3 through -13.2 (nonconsecutive); repeals and readopts regulations under NJAC 12:100-7.1 and :100-7, Appendices A and B; and repeals regulations under NJAC 12:100-7.2 through -7.9 (nonconsecutive) and :100-7, Appendices C, D, and E, regarding standards for hazard communication. The rule specifies that March 26, 2012, amendments to the federal hazard communication standard (HazCom 2012) apply to public employees and adds the appropriate cross-reference; provides alternative definitions of certain federal entities to which HazCom 2012 assigns functions; and removes obsolete provisions regarding HazCom 1994. The rule also incorporates by reference the right-to-know poster and brochure, clarifies that commissioners are to establish standards in accordance with applicable law, updates references, and removes unnecessary language. The rule is effective June 5, 2017. Contact: Joy Lindo; DOH; 609-984-2177 --New Jersey Register (06/05/2017) Regulatory Update WATER Highlands Water Protection and Planning Act Rules New Jersey WATER Final rule of the Department of Environmental Protection, Division of Land Use Management, amends regulations under NJAC 7:38-1.4 and -3.4 regarding the septic system density standards in the Highlands Water Protection and Planning Act rules. The rule defines and establishes three land use capability (LUC) zones for conservation, existing community and protection. The rule also sets forth the method for determining the number of permitted septic systems on a lot that has land located in more than one of the LUC zones and removes outdated language. The rule is effective June 5, 2017. Contact: Colin Emerle; DEP, Office of Legal Affairs; 609-292-0716 --New Jersey Register (06/05/2017) Regulatory Update WATER New Jersey Pollutant Discharge Elimination System Fees New Jersey WATER Notice of the Department of Environmental Protection, Division of Water Quality, announces the adoption of the fiscal year 2017 New Jersey Pollutant Discharge Elimination System annual fee report and assessment of fees under NJAC 7:14A-3.1. The program administers permitting of wastewater discharges from publicly and privately owned wastewater management systems, including certain stormwater discharges, and the disposal of residuals from treatment systems. Contact: Terry Beym; DEP, Division of Water Quality; 609-984-4428 --New Jersey Register (06/05/2017) Regulatory Update Ohio Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00004 AIR Particulate Matter Standards Ohio AIR Proposed rule of the Ohio EPA amends regulations under OAC 3745-17-01 through -14 (nonconsecutive) concerning standards for particulate matter. The rule removes facilities and emission units that have been permanently shutdown and adds an additional compliance option for certain facilities, including utilities, that are required to use a continuous opacity monitor to comply with visible emissions requirements. The rule also clarifies that salvageable material is intended for reuse or restoration. In addition, the rule adds definitions to reflect exemptions for residential wood burning appliances and pellet stoves. The rule will be submitted to the EPA as a revision to the state implementation plan. A hearing is scheduled for July 11, 2017, in Columbus. Comments are due July 11, 2017. Contact: Michael Maleski; OEPA, Division of Air Pollution Control; 614-644-1961; michael.maleski@epa.ohio.gov --Ohio Regulations (06/05/2017) Regulatory Update Utah AIR Air Quality/Nonattainment and Maintenance Areas for Particulate Matter Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-309-3 through -12 and repeals regulations under R307-309-13 regarding fugitive emissions and fugitive dust in nonattainment and maintenance areas for particulate matter (PM-10) and fine particulate matter (PM-2.5). The rule clarifies that the provisions apply to fugitive dust sources one-quarter acre or more. The rule also clarifies the method for observing fugitive emissions to allow for observations at varying lengths of duration. In addition, the rule requires that sources keep compliance records for a two-year period and removes unnecessary language concerning compliance schedules. Comments are due July 3, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update AIR Clean Fuel Vehicle Tax Credits Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-122-2 and -4 regarding general requirements for the clean air and efficient vehicle tax credit. The rule adds heavy-duty vehicles that have hydrogen-electric and 100 percent electric drivetrains to the definition of a "qualified heavy duty vehicle." Comments are due July 3, Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00005 2017. Contact: Mat Carlile; DEQ, Division of Air Quality; 801-536-4116; mcarlile@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update AIR Nitrogen OxrC i Mission Limits for Natural Gas-Fired Water Heaters Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, adopts regulations under R307-230 to specify nitrogen oxide emission limits for natural gas-fired water heaters. Comments are due July 3, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Class IV and VI Landfill Requirements Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-305-3 regarding Class IV and VI landfill requirements. The rule aligns hazardous waste requirements with Nov. 28, 2016, amendments to the Hazardous Waste Generator Improvements Rule under 40 CFR 257. The rule revises definitions to change the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Hazardous Waste Management System Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-260-10 and -11 regarding the state hazardous waste management system to incorporate Nov. 28, 2016, amendments to the Hazardous Waste Generator Improvements Rule under 40 CFR 260. The rule reorganizes and consolidates generator requirements, updates hazardous waste management standards, and revises the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00006 Regulatory Update HAZARDOUS WASTE MANAGEMENT Hazardous Waste Permit Program Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-270-1 regarding the hazardous waste permit program to align with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 270.1. The rule revises generator requirements and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Hazardous Waste TSP Facilities Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-264-1 through - (nonconsecutive) regarding standards for owners and operators of hazardous waste treatment, storage, and disposal (TSD) facilities. The rule aligns requirements with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 264. The rule also clarifies the applicability of provisions for on-site accumulation of hazardous wastes by generators, owners or operators who ship hazardous waste generated at their facility, or operators consolidating waste from very small quantity generators. In addition, the rule updates biennial reporting requirements for owners or operators. Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Identification and Listing of Hazardous Waste Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-261-1, -4, -6, -33, and -420 and repeals regulations under R315-261-5 regarding the identification and listing of hazardous waste to align with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 261. The rule revises generator requirements and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." The rule also establishes personnel training requirements for proper waste handling and emergency procedures relevant to their responsibilities during normal Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00007 facility operations and emergencies. Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Industrial Solid Waste Landfills Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-304-3 regarding industrial solid waste landfill requirements. The rule aligns hazardous waste requirements with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 257. The rule revises generator requirements and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Interim Status Standards for TSP Facilities Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-261-1 regarding interim status standards for owners and operators of hazardous waste treatment, storage, and disposal (TSD) facilities. The rule incorporates by reference Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 265. Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Land Disposal Restrictions Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-268 regarding land disposal restrictions to align Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 268. The rule revises generator requirements and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." The rule also addresses storage of hazardous waste restricted from land disposal and adds hazardous waste container labeling requirements. Comments are Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00008 due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Management of Specific Hazardous Wastes/Spent Lead-Acid Batteries Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-266-80 regarding applicability and requirements for spent lead-acid batteries being reclaimed. The rule aligns requirements with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 266,80 regarding spent lead-acid batteries being reclaimed. Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801 536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Solid Waste Authority, Definitions, General Requirements Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-301-2 regarding industrial solid waste landfill requirements. The rule aligns hazardous waste requirements with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 258. The rule revises generator requirements and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Standards for Universal Waste Management Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-273 regarding standards for universal waste management to align with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 273. The rule revises generator requirements and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00009 rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Standards for the Management of Used Oil Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-15-1, -10, -12, -13, and -17 regarding standards for the management of used oil to align with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 279. The rule clarifies requirements for sudden accidental and nonsudden accidental releases and changes the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator." The rule also adds mixed mode transit systems to the list of North American Industry Classification System codes to allow qualifying transit systems to transport their own used oil to a permitted used oil recycler. Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536 4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT sfer Facility Requirements Utah HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Division of Waste Management and Radiation Control, amends regulations under R315-263-12 regarding hazardous waste transporters and other hazardous waste handlers to align requirements with Nov. 28, 2016, amendments to the federal Hazardous Waste Generator Improvements Rule under 40 CFR 263. The rule provides that transporters storing manifested shipments of hazardous waste that meet applicable packaging requirements for 10 days or less are not subject to hazardous waste storage requirements. The rule also requires transporters, when combining and consolidating compatible hazardous wastes in containers of 119 gallons or fewer, to mark containers as hazardous waste. Comments are due July 3, 2017. Contact: Rusty Lundberg; DEQ, Division of Waste Management and Radiation Control; 801-536-4257; rlundberg@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update OCCUPA TIONAL SAFETY AND HEALTH Lead-Based Paint Activities/Training Program Accreditation Utah OCCUPATIONAL SAFETY AND HEALTH Final rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-842-1, -2, and -3 regarding lead-based paint (LBP) activities to be consistent with Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00010 federal requirements. The rule allows electronic training as an option for the LBP renovator certification course, specifies that courses must be accredited by the department director, and clarifies that accreditation requirements are for initial training courses. The rule also addresses course certification expiration dates and notification requirements. The rule is effective May 9, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update OCCUPATIONAL SAFETY AND HEALTH Residential Property and Child-Occupied Facility Renovation/Lead-Based Paint Utah OCCUPATIONAL SAFETY AND HEALTH Final rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-841-1, -7, and -8 regarding residential property and child-occupied facility renovation. The rule adopts amendments to federal standards under 40 CFR 745 concerning lead-based paint renovator certification courses. The rule also allows electronic training as an option for the course and addresses course certification expiration dates. The rule is effective May 9, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update OIL AND GAS INDUSTRY Drilling and Operation of Wells/Qwn< Utah OIL AND GAS INDUSTRY il to Agree to Share Costs Emergency rule of the Department of Natural Resources, Division of Oil, Gas and Mining, amends regulations under R649-2-9 regarding the manner in which owners must consent to the drilling and operation of wells. The rule provides that owners are determined to have refused to agree to bear a proportionate share of the costs of the drilling, testing, completion, and equipping of a well if consent to leasing terms is not given in writing within 30 days of receipt of written notice. The rule is effective May 9, 2017, and expires Sept. 6, 2017. Contact: James Owen; DNR, Division of Oil, Gas and Mining; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (06/01/2017) Regulatory Update WATER Water Rights/Administrative Procedures Utah WATER Proposed rule of the Department of Natural Resources, Division of Water Rights, repeals regulations under R655-2-1 through -11 to delete outdated provisions concerning administrative proceedings before the division commenced prior to Jan. 1,1988. Comments are due July 3, 2017. Contact: Marianne Burbidge; DNR, Division of Water Rights; 801-538-7370; marianneburbidge@utah.gov Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00011 --Utah State Bulletin (06/01/2017) Regulatory Update Washington AIR Southwest Clean Air Agency/Aerosol Coatings, Automobile Refinish Coatings Washington AIR Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 493-200 and -400 regarding aerosol coatings and automobile refinish coatings. The rule removes variance fees and adds a reference to the consolidated fee schedule under SWCAA 400-098 to allow the agency to revise fees by direct board action instead of rulemaking. The rule is effective June 18, 2017. Contact: Wess Safford; SWCAA; 360-574-3058; wess@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update AIR Southwest Clean Air Agency/Gasoline Vapors Sources Washington AIR Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 491-030 regarding emission standards and controls for sources emitting gasoline vapors. The rule removes specific fees and adds a reference to the consolidated fee schedule under SWCAA 400 098 to allow the agency to revise fees by direct board action instead of rulemaking. The rule is effective June 18, 2017. Contact: Wess Safford; SWCAA; 360-574-3058; wess@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update AIR Southwest Clean Air Agency/Outdoor Burning Permits Washington AIR Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 425-060 regarding outdoor burning. The rule removes specific fees and adds a reference to the consolidated fee schedule under SWCAA 400-098 to allow the agency to revise fees by direct board action instead of rulemaking. The rule is effective June 18, 2017. Contact: Wess Safford; SWCAA; 360-574-3058; wess@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00012 GENERAL ENVIRONMENT AND SAFETY Southwest Clean Air Agency/Air Pollution Sources Washington GENERAL ENVIRONMENT AND SAFETY Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 400-036 through 109 (nonconsecutive) regarding air pollution sources. The rule removes specific fees and adds a reference to the consolidated fee schedule under SWCAA 400-098 to allow the agency to revise fees by direct board action instead of rulemaking. The rule is effective June 18, 2017. Contact: Wess Safford; SWCAA; 360-574-3058; wess@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Southwest Clean Air Agency/Asbestos Standards Washington GENERAL ENVIRONMENT AND SAFETY Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 476-050 regarding standards for asbestos control, demolition and renovation. The rule removes specific fees and adds a reference to the consolidated fee schedule under SWCAA 400-098 to allow the agency to revise fees by direct board action instead of rulemaking. The rule is effective June 19, 2017. Contact: Wess Safford; SWCAA; 360-574-3058; wess@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Southwest Clean Air Agency/Oxygenated Fuels Washington GENERAL ENVIRONMENT AND SAFETY Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 492-050 regarding registration requirements for blenders of oxygenated gasoline. The rule removes the registration fee and adds a reference to the consolidated fee schedule under SWCAA 400-098 to allow the agency to revise the fee by direct board action instead of rulemaking. The rule is effective June 18, 2017. Contact: Wess Safford; SWCAA; 360-574-3058; wess@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Southwest Clean Air Agency/Threshold Determinations, Environmental Impact Statements Washington GENERAL ENVIRONMENT AND SAFETY Final rule of the Southwest Clean Air Agency amends regulations under SWCAA 802-130 regarding requirements for recovering the cost of performing environmental threshold determinations in preparing or reviewing an environmental checklist. The rule removes specific fees and adds a reference to the consolidated fee schedule under SWCAA 400-098. The rule is Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00004036-00013 effective June 18, 2017. Contact: Paul Mairose; SWCAA; 360-574-3058; Paul@swcleanair.org --Washington State Register (06/07/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Coordinated Prevention, Local Solid Waste Enforcement Grants Washington HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Ecology amends regulations under WAC 173-312-010 through 100 and repeals regulations under WAC 173-313-010 through -050 to consolidate provisions concerning grants available to local governments for hazardous and solid waste plans and programs. The rule deletes provisions concerning local solid waste enforcement grants and removes eligibility for separate hazardous and solid waste management plan development funds. The rule also addresses requirements for notification of available funding, revises project criteria, aligns the grant cycle with the fiscal year, and provides for a web-based grants management program. In addition, the rule establishes a 10 percent penalty for recipients who fail to meet performance criteria. A hearing is scheduled for June 27, 2017, in Lacey, and via webinar. Comments are due July 7, 2017. Contact: Tami Ramsey; Department of Ecology, Waste 2 Resources Program; 360-407-6612 --Washington State Register (06/07/2017) Regulatory Update OCCUPATIONAL SAFETY AND HEALTH Occupational Safety and Health/Administrative Changes Washington OCCUPATIONAL SAFETY AND HEALTH Proposed rule of the Department of Labor and Industries amend regulations under WAC 296-65 003 through -900-17505 (nonconsecutive), adopts regulations under WAC 296-803-099 through 900-099 (nonconsecutive), and repeals regulations under WAC 296-900-180 and -17510 to make numerous changes to the formatting and organization of all Division of Occupational Safety and Health rules. A hearing is scheduled for July 7, 2017, in Tumwater. Comments are due July 14, 2017. Contact: Chris Miller; DLI; 360-902-5090 --Washington State Register (06/07/2017) 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_00004036-00014