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Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Mon 8/21/2017 4:34:41 PM Aug. 21 - Environment & Safety Resource Center Update
Environment & Safety Resource Center Update
August 21,2017 - Number 34
Analysis : Air Pollution Control Guide | Chemicals Management Guide | Water Pollution Control Guide Federal Statutes, Regulations and Agency Documents : Federal Register Final Rules | Federal Register Notices | Federal Register Proposed Rules States--Environment : Alaska | California | Illinois | Indiana | Massachusetts | Texas | Virginia | Washington | Wisconsin
Analysis
Air Pollu
Ie
Federal
Stack Emissions Monitoring (Quality Assurance). Revised to provide a more in-depth discussion of the procedures approved by the Environmental Protection Agency for use when establishing quality assurance and quality control procedures for continuous monitoring systems.
State
Massachusetts (Fuel Controls and Mobile Sources). Updated to reflect two final rulemakings by the Massachusetts Department of Environmental Protection (MassDEP). The first rule requires the Massachusetts Department of Transportation (MassDOT) to quantify and report greenhouse gas emissions annually from the combustion of fuels in mobile equipment owned or leased by MassDOT and the Massachusetts Bay Transportation Authority. The rule is intended to allow MassDOT to demonstrate whether it has achieved specified emission limits for calendar years 2018, 2019, and 2020. The second rule sets limits on carbon dioxide emissions from passenger vehicles owned or leased by any of the state's executive offices. The rule establishes emission limits that decline each year from 2018 through 2025. Both rules took effect Aug. 11.
Massachusetts (Greenhouse Gas Standards). Updated to reflect two final rulemakings by MassDEP. The first rule amends existing regulations to include sulfur hexafluoride emission limits for gas-insulated switchgear owned by large utilities. The second rule imposes limits to reduce methane emissions from natural gas mains and services for individual natural gas distribution system operators. The rule requires gas operators to report annually the total miles of their main and service pipelines by material type. Both rules took effect Aug. 11.
Massachusetts (Power Plants). Updated to reflect a final rulemaking by MassDEP establishing two new regulations. The first regulation establishes an allowance trading program for carbon dioxide emissions from electricity generation. The regulation also sets an annually declining limit on aggregate carbon dioxide emissions from 21 power plants in Massachusetts. The second
Sierra Club v. EPA, 1:17-cv-01906
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regulation establishes a Clean Energy Standard, which sets a minimum percentage of electricity sales that utilities and competitive suppliers must procure from clean energy sources. The minimum percentage begins in 2018 at 16 percent and increases 2 percent each year, peaking at 80 percent in 2050. The regulations took effect Aug. 11.
Chemicals Management Guide
Federal
Reporting and Recordkeeping Requirements (The TSCA Inventory). Updated to include reference to the Toxic Substances Control Act Inventory notification (active-inactive) rule, which took effect Aug. 11, establishing one-time reporting requirements that the Environmental Protection Agency will use to distinguish between substances listed on the TSCA Inventory that are active in commerce and those that are inactive. The rule requires manufacturers to notify the EPA by Feb. 7, 2018, of Inventory substances that they manufactured or imported for commercial purposes, subject to further conditions detailed in the rule, during the 10-year lookback period from June 21,2006, to June 21, 2016. Processors also may submit such notifications for substances they processed during the lookback period by Oct. 5, 2018. In addition, the rule sets up forward looking reporting requirements under which manufacturers and processors must notify the agency of any substance listed on the Inventory as inactive that they plan to reintroduce into commerce for nonexempt commercial purposes. The EPA then will redesignate the substance as active.
Reporting and Recordkeeping Requirements (Chemical Data Reporting Requirements for Inventory Substances). New subsection added to discuss new one-time reporting requirements under the TSCA Inventory notification (active-inactive) rule. Anyone who manufactured or imported a "chemical substance subject to commercial activity designation" during the 10-year lookback period from June 21,2006, to June 21, 2016, must notify the EPA via a Notice of Activity (NOA) Form A by Feb. 7, 2018, except under specified circumstances. The rule defines a chemical substance subject to commercial activity designation as a substance that was added to the Inventory before June 21, 2006; wasn't reported as having been manufactured in and of the calendar years from 2010 through 2015 (in which case it automatically will be designated as active); isn't a naturally occurring chemical substance as defined in the active-inactive rule; and hasn't yet been designated as either active or inactive. Processors also can submit an NOA Form A by Oct. 5, 2018, if they wish. If the EPA doesn't receive an NOA Form A for a substance subject to commercial activity designation by the appropriate deadline, it will designate the substance as inactive, effective 90 days after the agency identifies the substance for such designation. Anyone who intends to manufacture, import, or process a substance once it is designated as inactive must submit a Notice of Activity Form B, except under specified circumstances. The Inventory notification rule also covers areas such as content and submission information for the notification, recordkeeping requirements, and handling notification obligations when two or more persons are involved in manufacturing or processing a particular volume of a substance.
Reporting and Recordkeeping Requirements (
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Water Pollution Control Guide
State
Sierra Club v. EPA, 1:17-cv-01906
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Louisiana (Permit Fees). Updated to reflect an increase in the minimum and maximum annual fees for Louisiana Pollutant Discharge Elimination System permits to $380 and $150,000, respectively, effective July 1.
Louisiana (Sludge Management Program). Updated with a $2,000 annual fee, effective May 20, imposed on permit holders for land application of sewage sludge
Louisiana (Wetlands Protection Applications and Fees). Updated to reflect revised processing fees for water quality certification. As of May 20, the fees are $385 for commercial activities and $37 for noncommercial activities.
Texas (Consumer Confidence Reports and Public Notification). Updated to reflect additional public notification requirements for Escherichia coli (E. coli) maximum contaminant level (MCL) violations. The public must be notified that the presence of E. coli indicates the water may be contaminated with human or animal wastes, suggesting the need for the facility to look for potential problems in water treatment or distribution.
Texas (Drinking Water Revolving Fund). Updated with revised application requirements. The Texas Water Development Board offers loans with terms of up to 20 years for the planning, acquisition, and design of an eligible project; 20 years for the construction of an eligible project; and 30 years for the construction of an eligible project by a disadvantaged community. The board may decide to recommend an environmental impact statement before approving a loan.
Texas (Environmental Management Standards Background). Updated to reflect provisions in both Texas law and Texas Commission on Environmental Quality regulations that provide incentives to encourage the wider adoption of environmental management systems to foster continuous voluntary improvement in environmental performance. Entities with a history of compliance with environmental requirements are given technical compliance assistance and flexibility in the regulatory process.
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Federal Statutes, Regulations and Agency Documents
Federal Register Final Rules
21 CFR 133
82 FR 37815, 8/14/17: Ultrafiltered Milk in the Production of Standardized Cheeses and Related Cheese Products: Guidance for Industry; Availability
21 CFR 573
82 FR 38595, 8/15/17: Food Additives Permitted in Feed and Drinking Water of Animals; Gamma-Linolenic Acid Safflower Oil
33 CFR 117
Sierra Club v. EPA, 1:17-cv-01906
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82 FR 38600, 8/15/17: Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL
82 FR 38602, 8/15/17: Drawbridge Operation Regulation; Housatonic River, Stratford, CT
82 FR 38602, 8/15/17: Drawbridge Operation Regulation; China Basin, San Francisco, CA
82 FR 39019, 8/17/17: Drawbridge Operation Regulation; Carquinez Strait, Martinez, CA
82 FR 39019, 8/17/17: Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL
82 FR 39360, 8/18/17: Drawbridge Operation Regulation; Willamette River, Portland, OR 33 CFR 165 82 FR 38603, 8/15/17: Security Zone; Protection of Military Cargo, Captain of the Port Zone Puget Sound, WA
82 FR 38603, 8/15/17: Safety Zone, Coast Guard Exercise Area, Hood Canal, Washington
82 FR 39020, 8/17/17:
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Federal Register Notices
82 FR 37839, 8/14/17: Proposed Information Collection; Comment Request; Participant Statistical Areas Program
82 FR 37841, 8/14/17: Approval of Subzone Status; Universal Metal Products, Inc.; Pharr, Texas
82 FR 37841, 8/14/17: Silicon Metal From Brazil: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
82 FR 37843, 8/14/17: Silicon Metal From Australia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
82 FR 37844, 8/14/17: Certain Aluminum Foil From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination
82 FR 37846, 8/14/17: Initiation of Antidumping and Countervailing Duty Administrative Reviews
82 FR 37847, 8/14/17: Silicon Metal From the Republic of Kazakhstan: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
82 FR 37849, 8/14/17: Permanent Advisory Committee To Advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission; Meeting Announcement
82 FR 37849, 8/14/17: Endangered Species; File No. 21516
Sierra Club v. EPA, 1:17-cv-01906
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82 FR 37851, 8/14/17: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area 82 FR 37852, 8/14/17: Combined Notice of Filings 82 FR 37853, 8/14/17: Combined Notice of Filings #2 More-
Federal Register Proposed Rules 10 CFR 430 82 FR 38613, 8/15/17: Energy Conservation Program: General Service Incandescent Lamps and Other Incandescent Lamps Request for Data 33 CFR 110 82 FR 38643, 8/15/17: Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas 40 CFR 52 82 FR 37829, 8/14/17: Air Plan Approval; Connecticut; Nonattainment New Source Review Permit Requirements for the 2008 8-Hour Ozone Standard 82 FR 38646, 8/15/17: Air Plan Approval; Georgia: New Source Review and Permitting Updates 82 FR 38646, 8/15/17: Air Plan Approval; South Carolina; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2 Standard 82 FR 38651, 8/15/17: Air Plan Approval; Michigan Minor New Source Review 82 FR 38654, 8/15/17: Air Plan Approval; Georgia; Regional Haze Progress Report 82 FR 38660, 8/15/17: Air Plan Approval; Alabama: Prevention of Significant Deterioration Updates 82 FR 38864, 8/16/17: Air Plan Approval; North Carolina; Transportation Conformity 82 FR 38864, 8/16/17: Air Plan Approval; Vermont; Regional Haze Five-Year Progress Report 82 FR 38865, 8/16/17: Air Plan Approval; AL; VOC Definitions and Particulate Emissions More,,,
States--Environment
Sierra Club v. EPA, 1:17-cv-01906
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Alaska State Register Summaries AKR\ti18\ch76 - Alaska Regulations 08/15/2017 - Clean Water and Drinking Water Revolving Loan Funds
California State Register Summaries CAR\ti13\di2\ch6 - California Regulatory Notice Register 08/11/2017 - Hazardous Materials/Explosives Routes and Stopping Places CAR\ti8\di 1\ch4\sh7\gr16\at109 - California Regulatory Notice Register 08/11/2017 - General Industry Safety Orders/Process Safety Management for Petroleum Refineries CAR\ti27\di4\ch1 - California Regulatory Notice Register 08/11/2017 - Safe Drinking Water and Toxic Enforcement Act/Glyphosate, Pentabromodiphenyl Ether Mixture
Illinois State Register Summaries ILR\ti83\pt590 - Illinois Register 08/11/2017 - Minimum Safety Standards for Transportation of Gas and Gas Pipeline Facilities ILR\ti62\pt300 - Illinois Register 08/11/2017 - Surface Mined Land Conservation and Reclamation ILR\ti35\pt652 - Illinois Register 08/11/2017 - Public Water Supply Capacity
Indiana State Register Summaries INR\ti326\at1 - Indiana Register 08/09/2017 - Air Pollution Control/Ozone NAAQS INR\ti327\at19. INR\ti327\at15 - Indiana Register 08/09/2017 - Concentrated Animal Feeding Operations/Confined Feeding Operations
Massachusetts State Register Summaries MAR\ag310\ch7.00, MAR\ag310\ch60.00 - Massachusetts Register 08/11/2017 - Air Pollution Control for Mobile Sources
Texas
Sierra Club v. EPA, 1:17-cv-01906
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State Register Summaries TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Definitions and General Provisions TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Pleadings TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Docketing, Notice, and Service TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Parties and Intervention TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Discovery TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Evidence in Contested Cases TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Hearings TXR\ ti 16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Decisions TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Rules of Practice TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Contested Case Proceedings TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Pleadings, Motions, and Other Documents TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Notice and Service in Contested Cases TXR\ti16\ch1 - Texas Register 08/18/2017 - Railroad Commission/Discovery More...
Virginia State Register Summaries VAR\ti9\ag25\ch 194 - Virginia Register 08/21/2017 - VPDES General Permit for Vehicle Wash Facilities and Laundry Facilities VAR\ti9\ag25\ch720 - Virginia Register 08/21/2017 - Water Quality Management Planning Regulation VAR\ti9\aq25\ch870 - Virginia Register 08/21/2017 - Virginia Stormwater Management Program VAR\ti9\aq25\ch720 - Virginia Register 08/21/2017 - Water Quality Management Planning
Washington State Register Summaries WAR\ch 173-03 - Washington State Register 08/16/2017 - Department of Ecology/Public Records Fees
Sierra Club v. EPA, 1:17-cv-01906
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WAR\ch 173-224 - Washington State Register 08/16/2017 - Water Quality Permit Fees WAR\ch296-79, WAR\ch296-115, WAR\ch296-52, WAR\ch296-59, WAR\ch296-78, WAR\ch296-99 Washington State Register 08/16/2017 - Safety Standards
Wisconsin State Register Summaries WIR\chSPS305 - Wisconsin Administrative Register 08/14/2017 - Licenses, Certifications and Registrations/Liquefied Gas Suppliers
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Environment & Safety Resource Center Update
Sierra Club v. EPA, 1:17-cv-01906
ED_001523_00000496-00008