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To: From: Sent: Subject: Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Wed 7/12/2017 12:25:54 PM July 12 - EHS State Regulatory Alert EHS State Regulatory Alert July 12, 2017-Number 132 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. 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 1153 concerning commercial vehicle routes and stopping places for transportation of explosives. The rule updates the list of safe stops to be used by carriers transporting explosives along the designated explosives routes to reflect business closures and ownership changes. Hearing requests are due Aug. 4, 2017. Comments are due Aug. 21, 2017. Contact: Tian-Ting Shih; CHP, Commercial Vehicle Section; 916-843-3400; cvsregs@chp.ca.gov --California Regulatory Notice Register (07/07/2017) Regulatory Update HAZARDOUS WASTE CLEANUP Brooklyn Basin Parcel A/Prospective Purchaser Agreement California HAZARDOUS WASTE CLEANUP Notice of the Department of Toxic Substances Control announces a proposed prospective purchaser agreement with the city of Oakland concerning Brooklyn Basin Parcel A, located along the Oakland Estuary. The agreement requires the city to ensure cleanup of the parcel occurs in consideration of a covenant not to sue by the DTSC. Comments are due Aug. 7, 2017. Contact: Homayune Atiqee; DTSC, Cleanup Program; 510-540-3838; homayune.atiqee@dtsc.ca.gov --California Regulatory Notice Register (07/07/2017) Regulatory Update HAZARDOUS WASTE CLEANUP Prospective Purchaser Agreement/Former Naval Information Research Foundation Site Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00001 California HAZARDOUS WASTE CLEANUP Notice of the Department of Toxic Substances Control announces an amended proposed prospective purchaser agreement with Pasadena Gateway LLC and the Los Angeles Regional Water Quality Control Board concerning the Space Bank Mini Storage Facility, formerly the Naval Information Research Foundation site, in Pasadena. The agreement addresses the purchase of the site, demolition of existing improvements, and development of the site into a mixed-use, multifamily, and retail project with a total of two acres of open space. Various metals; volatile organic compounds, including tetrachloroethylene; and petroleum hydrocarbons have been detected on the site, and no groundwater investigation has been conducted to date. The amended agreement is issued in response to comments and includes a covenant not to sue. Comments are due Aug. 14, 2017. Contact: Angela Garcia; DISC; 714-484-5310; angela.garcia@dtsc.ca.gov --California Regulatory Notice Register (07/07/2017) Regulatory Update TOXIC SUBSTANCES Safe Drinking Water ai c Enforcement Act California TOXIC SUBSTANCES Notice of the Office of Environmental Health Hazard Assessment announces the availability of the revised list of chemicals known to the state to cause cancer or reproductive toxicity, as required by the Safe Drinking Water and Toxic Enforcement Act (Proposition 65). The list specifies chemicals by name, the Chemical Abstracts Service registry number and the date of initial appearance. The revised list reflects the addition of glyphosate (CAS No. 1071-83-6) and pentabromodiphenyl ether mixture (DE-71, technical grade) to the list of chemicals known to the state to cause cancer. The list is effective July 7, 2017. Contact: OEHHA; 916-324-7572; P65.Questions@oehha.ca.gov --California Regulatory Notice Register (07/07/2017) Regulatory Update TOXIC SUBSTANCES Safe Drinking Water and Toxic Enforcement Act/Glyphosate California TOXIC SUBSTANCES Notice of the Office of Environmental Health Hazard Assessment announces the addition of glyphosate (CAS No. 1071-83-6) to the list of chemicals known to the state to cause cancer pursuant to the Labor Code listing mechanism under the Safe Water and Toxic Enforcement Act of 1986 (Proposition 65). No stay of the listing has been granted in the appeal of Monsanto v. OEHHA. The listing is effective July 7, 2017. Contact: Esther Barajas-Ochoa; OEHHA; 916-322 2068; esther.barajas-ochoa@oehha.ca.gov --California Regulatory Notice Register (07/07/2017) Regulatory Update TOXIC SUBSTANCES Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00002 Safe Drinking Water ai c Enforcement Act/Pentabromodiphenyl Ether Mixture California TOXIC SUBSTANCES Notice of the Office of Environmental Health Hazard Assessment announces the addition of pentabromodiphenyl ether mixture (DE-71, technical grade) to the list of chemicals known to the state to cause cancer pursuant to the authoritative bodies listing mechanism under the Safe Water and Toxic Enforcement Act of 1986 (Proposition 65). The listing is effective July 7, 2017. Contact: Michelle Ramirez; OEHHA; 916-445-6900; Michelle.Ramirez@oehha.ca.gov --California Regulatory Notice Register (07/07/2017) Regulatory Update WATER Water Qualr / '1 icrol Plans/Mercury Objectives Uses California WATER and Subsistence Fishing Beneficial Final rule of the State Water Resources Control Board adopts regulations under 23 CCR 3010 to add one new narrative and four new numeric mercury water quality objectives applicable to inland surface waters, enclosed bays, and estuaries of the state with specified beneficial uses associated with the consumption offish. Exception is provided for waters with site-specific mercury objectives. The rule also establishes three new beneficial use definitions for use by the state and regional water boards in designating tribal traditional culture, tribal subsistence fishing, and subsistence fishing beneficial uses. The rule is effective June 28, 2017. Contact: Zane Poulson; SWRCB; 916-341-5254 --California Regulatory Notice Register (07/07/2017) Regulatory Update WATER Water Quality Control/Los Angeles Region California WATER Final rule of the State Water Resources Control Board adopts regulations under 23 CCR 3939.52 regarding the water quality control plan for the Los Angeles Region. The rule incorporates an amendment to the basin plan that adds a total maximum daily load for nutrients in the Santa Clara River lakes (Elizabeth Lake, Munz Lake, and Lake Hughes). The rule is effective June 22, 2017. Contact: Stefanie Hada; SWRCB; 213-576-6804 --California Regulatory Notice Register (07/07/2017) Regulatory Update Colorado WATER Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00003 Anim : ' Ing Operations Control Regulation Colorado WATER Final rule of the Department of Public Health and Environment, Water Quality Control Commission, amends regulations under 5 CCR 1002-81 regarding animal feeding operations (AFOs). The rule clarifies recordkeeping requirements for nonpermitted concentrated AFOs. The rule also allows the commission to initiate enforcement proceedings against a concentrated AFO that fails to pay the annual fee and clarifies the impoundment sizing requirements for medium AFOs. In addition, the rule revises terminology, clarifies the definition of "land application site," and makes technical corrections. The rule is effective July 31,2017. Contact: Chad DeVolin; DPHE, Water Quality Control Commission; 303-692-3520; chad.devolin@state.co.us --Colorado Register (07/10/2017) Regulatory Update Florida OCCUPAT/OMAL SAFETY AND HEALTH Elevator Safety Code Florida OCCUPATIONAL SAFETY AND HEALTH Proposed rule of the Department of Business and Professional Regulation, Division of Hotels and Restaurants, amends regulations under FAC 61C-5.001 to adopt elevator safety codes included in the Florida Building Code, 6th Edition. The rule incorporates by reference the American Society of Mechanical Engineers safety code for elevators and escalators (A17.1-2013) and requires that all installation, alteration, relocation, and change in classification of all elevators, escalators, dumbwaiters, and moving walks comply with standards in effect on the date of receipt of the application for permit. Comments are due July 17, 2017. Contact: Kela Bishop; DBPR, Division of Hotels and Restaurants; 850-717-1280 --Florida Administrative Weekly (06/26/2017) Regulatory Update WATER Charlotte Harbor and Middle St. Johns River Basins TMDLs Florida WATER Proposed rule of the Department of Environmental Protection amends regulations under FAC 62 304.505 and .805 to establish total maximum daily loads (TMDLs) for certain surface waters within the Charlotte Harbor and Middle St. Johns River basins. The rule establishes TMDLs for DeLeon Spring and Gemini Springs, Sanibel Slough West, and Sanibel Slough East. A hearing is scheduled for Aug. 25, 2017, in Tallahassee. Comments are due July 31, 2017. Contact: Erin Rasnake; DEP, Division of Environmental Assessment and Restoration; 850-245-8338 --Florida Administrative Weekly (07/10/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00004 Idaho AIR Control of Air Pollution Idaho AIR Notice of the Department of Environmental Quality announces the termination of an April 5, 2017, notice of intent to amend regulations under IDAPA 58.01.01.859 and .860 regarding air pollution. The rule would have allowed the department to develop a Clean Air Act Section 111(d) state plan to implement recently updated emission guidelines and compliance times for municipal solid waste landfills. The action is dated July 5, 2017. Contact: Paula Wilson; DEQ; 208-373-0418; paula.wilson@deq.idaho.gov --Idaho Administrative Bulletin (07/05/2017) Regulatory Update Illinois WATER Procedures for Issuing Loans from the Public Water Supi Illinois WATER n Program ' Final rule of the Illinois EPA adopts regulations under 35 IAC 662.105 through .670 (nonconsecutive) to update and reorganize procedures for issuing loans from the Public Water Supply Loan Program. The rule sets forth provisions for reducing fixed loan rates for small and hardship communities; projects meeting environmental impact criteria, including those that involve the removal or replacement of lead in water mains or in service lines; and the restructuring of existing loan obligations. The rule also authorizes 30-year loan terms for disadvantaged communities. A concurrent final rule repeals existing provisions under 35 IAC 662. The rule is effective July 1, 2017. Contact: Rex Gradeless; IEPA, Division of Legal Counsel; 217-782-5544; Rex.Gradeless@lllinois.Gov --Illinois Register (07/07/2017) Regulatory Update WATER Procedures for Issuing Loans from the Public Water Supi Illinois WATER n Program ' Final rule of the Illinois EPA repeals regulations under 35 IAC 662.110 through .1120 (nonconsecutive) and Appendices A and B to delete procedures for issuing loans from the Public Water Supply Loan Program. A concurrent final rule adopts new provisions under 35 IAC 662. Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00005 The rule is effective July 1, 2017. Contact: Rex Gradeless; IEPA, Division of Legal Counsel; 217 782-5544; Rex.Gradeless@lllinois.Gov --Illinois Register (07/07/2017) Regulatory Update WATER Water Pollution Control Loan Program Illinois WATER Final rule of the Illinois EPA adopts regulations under 35 IAC 365.105 through .670 to update the water pollution control loan program to provide for the financing of stormwater treatment system projects. The rule also addresses reduced fixed-rate loans for small communities with service populations of less than 25,000, hardship communities with service populations of less than 10,000, and projects that meet specified environmental impact criteria. In addition, the rule authorizes 30-year loan terms for small community and hardship community applicants. Finally, the rule provides for the restructuring of existing loan obligations and updates the agency's affordability criteria for principal forgiveness to public loan recipients. A concurrent final rule repeals existing regulations under 35 IAC 365. The rule is effective July 1, 2017. Contact: Rex Gradeless; IEPA, Division of Legal Counsel; 217-782-5544; rex.gradeless@lllinois.gov --Illinois Register (07/07/2017) Regulatory Update WATER Water Pollution Control Loan Program Illinois WATER Final rule of the Illinois EPA repeals regulations under 35 IAC 365.110 through .1120 (nonconsecutive) and Appendices A and B regarding procedures for issuing loans from the water pollution control loan program. A concurrent final rule adopts new regulations under 35 IAC 365.105 through .670. The rule is effective July 1, 2017. Contact: Rex Gradeless; IEPA, Division of Legal Counsel; 217-782-5544; rex.gradeless@lllinois.gov --Illinois Register (07/07/2017) Regulatory Update Nevada WATER Water Controls/Water Quality Standards Nevada WATER Notice of the State Environmental Commission announces changes to a June 23, 2016, proposed rule to amend regulations under NAC 445A.11724 through .2214 regarding water quality Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00006 standards to conform with EPA numeric criteria for Escherichia coli bacteria for protection of water contact recreation beneficial use. The rule changes the existing reference period from annual geometric mean (AGM) to geometric mean (GM) for all waters that have an existing AGM; replaces the unit of measurement from most probable number (MPN) per 100 milliliter (mL) with colony-forming-units (CFU) per 100 mL; and removes existing single value (SV) criteria of 235 MPN, 298 MPN and 576 MPN and replaces with a SV of 410 CFU. The rule also explains frequency and duration limits of the GM and SV criteria and adds a definition of "colony-forming-units." The changes clarify the use of the term "geometric mean." Contact: Valerie King; SEC; 775-687-9374 --Nevada Register (07/02/2017) Regulatory Update Ohio COMMUNITY RIGHT-TO-KNOW Cessation of Regulated Operations Ohio COMMUNITY RIGHT-TO-KNOW Final rule of the Ohio EPA amends regulations under OAC 3745-352-20 regarding the responsibilities of owners and operators for cessation of regulated operations at facilities required to submit an annual chemical inventory report to the State Emergency Response Commission. The rule updates cross-references to state statutes. The rule is effective Aug. 11, 2017. Contact: Kit Arthur; OEPA, Division of Hazardous Waste; 614-644-2621; Katherine.Arthur@epa.ohio.gov --Ohio Regulations (07/10/2017) Regulatory Update OIL AND GAS INDUSTRY Cessation of Regulated Operations Ohio OIL AND GAS INDUSTRY Final rule of the Ohio EPA amends regulations under OAC 3745-352-01 regarding cessation of regulated operations. The rule updates the incorporation by reference of federal standards under 40 CFR 112 concerning oil pollution prevention, as of July 1, 2015, The rule is effective Aug. 11, 2017. Contact: Kit Arthur; OEPA, Division of Environmental Response and Revitalization; 614-644 2932; Katherine.arthur@epa.ohio.gov --Ohio Regulations (07/10/2017) Regulatory Update RADIATION Industrial Radiation Equipment Ohio RADIATION Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00007 Final rule of the Department of Health, Division of Radiation Control, amends regulations under OAC 3701:1-68-04; adopts regulations under OAC 3701:1-68-06; and rescinds and readopts regulations under OAC 3701:1-68-01, -02, -03, and -05 concerning nonmedical radiation generating equipment. The rule reorganizes the provisions, including moving the operator training requirements under a single location. The rule also defines the term "cabinet system" and incorporates by reference federal standards for nonmedical cabinet systems. In addition, the rule adds requirements for hand-held radiographic systems and updates requirements for identifying and reporting equipment defects. Finally, the rule revises definitions for "radiographer" and "radiographer assistant." The rule is effective Aug. 15, 2017. Contact: Kaye Norton; Department of Health; 614-644-8184; Kaye.Norton@odh.ohio.gov --Ohio Regulations (07/10/2017) Regulatory Update Utah AIR Air Quality/Aerospace Manufacture and Rework Facilities Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-355-1 through -8, adopts regulations under R307-355-10, and repeals and readopts regulations under R307-355-9 regarding volatile organic compound (VOC) emissions from aerospace manufacture and rework facilities. The rule changes the applicability threshold from the potential to emit 10 tons or more per year of VOC to an application-based threshold of a combined 55 gallons or more of coating products and associated solvents per year and reduces the exemption for the maximum amount of small-quantity coating formulations to 20 gallons per year. The rule also increases the add-on control capture and control efficiency minimum to 90 percent and adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Automotive Refinishii Utah AIR tings Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-354-1 through -7 and adopts regulations under R307-354-8 regarding volatile organic compound (VOC) emissions from automotive refinishing coatings. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00008 rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Definitions Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-101-2 to add a definition of "coating" that is generally applicable to all air quality rules. The rule also adds definitions of "composite vapor pressure" and "volatile organic compound (VOC) content." A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Degreasing Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-335-1, -2, -3, and -9 and repeals regulations under R307-335-7 and -8 regarding volatile organic compound emission from degreasing operations. The rule removes provisions concerning industrial solvent cleaning, which are being moved to R307-304 in a concurrent proposed rule. The rule also revises the chapter name, updates recordkeeping requirements, and deletes provisions concerning add-on emission control systems operations. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Fabric and Vinyl Coatings Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-345-1 through -6 and adopts regulations under R307-345-7 regarding volatile organic compound (VOC) emissions from fabric and vinyl coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00009 rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Flat Wo >' P Utah AIR ting Operations Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-349-2 through -6 and adopts regulations under R307-349-7 regarding volatile organic compound (VOC) emissions from flat wood panel coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/General Requirements Utah AIR Final rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-101-3 to incorporate by reference the updated version of the Code of Federal Regulations. The rule addresses standards for recordkeeping and inventory requirements relating to tertiary butyl acetate. The rule is effective June 8, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Graphic Arts Printing Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, repeals and readopts regulations under R307-351-1 through -8 (nonconsecutive) regarding volatile organic compound (VOC) emissions from graphic arts printing operations. The rule changes the applicability threshold from the potential to emit 25 tons or more per year of VOC emissions to an application-based threshold of a combined 450 gallons or more of all VOC-containing materials per year. The rule also reduces the exemption for solvent cleaners that do not meet VOC vapor pressure or density requirements from 110 gallons to 55 gallons per year and clarifies definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00010 State implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Large Appliance Surface Coatings Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-347-2, -4, -5, -6, and -7 and adopts regulations under R307-347-8 regarding volatile organic compound (VOC) emissions from large appliance surface coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Magnet Wire Coatings Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-348-1 through -6 and adopts regulations under R307-348-7 regarding volatile organic compound (VOC) emissions from magnet wire coating operations. The rule reduces the applicability threshold to 2 tons or more per year of VOC. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Metal Container, Closure, and Coil Coatings Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-352-1 through -6 and adopts regulations under R307-352-7 regarding volatile organic compound (VOC) emissions from metal container, closure, and coil coatings. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00011 VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Metal Furniture Surface Coating Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-346-2, -4, -5, -6, and -7 and adopts regulations under R307-346-8 regarding volatile organic compound (VOC) emissions from metal furniture surface coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Miscellaneous Metal Parts ai Utah AIR facts Coating Operations Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-350-2 through -8 and adopts regulations under R307-350-9 regarding volatile organic compound (VOC) emissions from miscellaneous metal parts and products coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/National Emission Standards for Hazardous Air Pollutants Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00012 Utah AIR Final rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-214-1 and -2 to incorporate by reference the updated version of the Code of Federal Regulations concerning national emission standards for hazardous air pollutants. The rule addresses new emission standards; recordkeeping requirements; limitations on startup, shutdown, and malfunction operations; and new monitoring standards for hydrochloric acid. The rule is effective June 8, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536 4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Paper, Film, and Foil Coating Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-344-1 through -6 and adopts regulations under R307-344-7 regarding volatile organic compound (VOC) emissions from paper, film, and foil coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Plastic Parts Coating Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-353-2 through -8 (nonconsecutive) and adopts regulations under R307353-9 regarding volatile organic compound (VOC) emissions from plastic parts coating operations. The rule changes the applicability threshold from the potential to emit 2.7 tons or more per year of VOC to an application-based threshold of a combined 20 gallons or more of coating products and associated solvents per year. The rule also adds recordkeeping requirements and definitions. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00013 AIR Air Quality/Secti' /a Utah AIR Umnonstrations Notice of the Department of Environmental Quality, Division of Air Quality, announces the availability of Clean Air Act Section 110(1) demonstrations that three concurrent proposed rules to amend regulations under R307-335 and -343 and adopt regulations under R307-304 would not unduly relax the state implementation plan. The rules address volatile organic compound (VOC) emissions from wood furniture manufacturing, degreasing, and solvent cleaning operations. The demonstrations find that the proposed rules will not interfere with attainment, reasonable further progress, or other applicable requirements. Comments are due July 31, 2017. Contact: Joel Karmazyn; DEQ, Division of Air Quality; 801-536-4423; jkarmazyn@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Solvent Cleaning Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, adopts regulations under R307-304-1 through -8 to establish requirements for volatile organic compound (VOC) emissions from solvent cleaning operations. The rule also provides for vapor pressure limits for regulated entities as an alternative to VOC limits and specifies recordkeeping requirements. The rule replaces industrial solvent cleaning standards that are proposed for repeal concurrently under R307-335. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536 4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update AIR Air Quality/Stationary Sources Utah AIR Final rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-210-1 to incorporate by reference the updated version of the Code of Federal Regulations concerning standards of performance for new stationary sources. The rule addresses new standards for carbon dioxide emissions from fossil fuel-fired electric generating units. The rule also addresses new standards for phosphoric acid manufacturing, including numeric emission limits for previously unregulated fluoride emissions from calciners. In addition, the rule addresses work practice standards for hydrogen fluoride emissions; the removal of startup, shutdown, and malfunction exemptions; and revised recordkeeping requirements. The rule is effective June 8, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536 4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00014 Regulatory Update AIR Air Quality/Wood Furniture Manufacturing Operations Utah AIR Proposed rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-343-1 through -7 and adopts regulations under R307-343-8 regarding volatile organic compound (VOC) emissions from wood furniture manufacturing operations. The rule changes the applicability threshold from 2.7 tons per year potential to emit to an application based threshold of a combined 20 gallons or more of coating products and solvents combined. The rule also updates coating categories and increases the VOC limits for the two component polyurethanes to 1 pound VOC/lb solids. In addition, the rule exempts canned aerosol coating products from coating limits that are less than 22 fluid ounces used for touch-up or repair. The rule will be submitted to the EPA as part of the serious area fine particulate matter (PM-2.5) state implementation plan. A hearing is scheduled for July 27, 2017, in Salt Lake City. Comments are due Aug. 15, 2017. Contact: Ryan Stephens; DEQ, Division of Air Quality; 801-536-4419; rstephens@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Appearances and Representations Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-102 regarding practice and procedure related to appearances and representation in proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Civil Enforcement Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-117 regarding practice and procedure for the board or Division of Oil, Gas and Mining to seek civil enforcement of an order in court. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538 5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00015 GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Conduct of Hearings Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-108 regarding practice and procedure for conduct of hearings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Decisions and Orders Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-109 regarding practice and procedures for board decisions, the entry of board orders, notice, and emergency orders. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Declaratory Rulings Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-110 regarding practice and procedure for declaratory rulings by the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Exhaustion of Administrative Remedies Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-114 regarding the exhaustion of administrative remedies before a person can seek judicial review of a board decision. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00016 --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Filing and Service Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-105 regarding filing and service practice and procedure for proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/General Provisions Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-100 regarding general provisions related to practice and procedure for proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Hearing Examiners Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-113 regarding practice and procedure for designating hearing examiners, the powers of an examiner, and conduct of hearings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/lntervention Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-103 regarding practice and procedure for Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00017 orders granting leave to intervene in proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Judicial Review Deadline Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-115 regarding the 30-day deadline for a party to petition for judicial review of a final order issued by the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Judicial Revi Utah GENERAL ENVIRONMENT AND SAFETY nal Proceedings Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-116 regarding practice and procedure for judicial review of formal adjudicative proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Notice and Service Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-106 regarding notice and service practice and procedure for proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Parties to Proceedings Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00018 Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-101 regarding practice and procedure related to rights of parties in proceedings before the board. The action is effective June 7, 2017. Contact: James Owen; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Pleadings Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-104 regarding practice and procedure for pleadings in proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Prehearing Conference Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-107 regarding prehearing conference practice and procedure for proceedings before the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Rehearing and Modification of Existing Orders Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-110 regarding practice and procedure for rehearings before the board and the modification of existing orders. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00019 GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Rulemaking Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-112 regarding rulemaking procedures for the board. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Severability Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-119 regarding severability of board practice and procedure provisions found to be invalid, unconstitutional, or unenforceable. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538 5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update GENERAL ENVIRONMENT AND SAFETY Oil, Gas and Mining Board/Waivers Utah GENERAL ENVIRONMENT AND SAFETY Notice of the Department of Natural Resources, Oil, Gas and Mining Board, announces the fiveyear review and continuation of regulations under R641-118 regarding how a party to a hearing may waive a procedural matter such as a right to notice. The action is effective June 7, 2017. Contact: James Owens; DNR, Oil, Gas and Mining Board; 801-538-5328; jcowen@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update OCCUPATIONAL SAFETY AND HEALTH Local Government Emergency Response Loan Program Utah OCCUPATIONAL SAFETY AND HEALTH Final rule of the Department of Public Safety, Division of Emergency Management, amends regulations under R704-3-3 through -9 to make editorial corrections to provisions concerning procedures for administering the Local Government Emergency Response Loan Program for search and rescue operations. The rule also removes language regarding notices of defaulted loans. The rule is effective June 7, 2017. Contact: Tara Behunin; DPS, Division of Emergency Management; 801-538-3426; tarabehunin@utah.gov Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00002464-00020 --Utah State Bulletin (07/01/2017) Regulatory Update WATER Water Quality/Utah Sewer Management Program Utah WATER Notice of the Department of Health, Division of Disease Control and Prevention, announces the five-year review and continuation of regulations under R317-801 regarding minimum standards for planning, design, operation, and maintenance of sewer collection systems. The action is effective June 12, 2017. Contact: Judy Etherington; DEQ, Division of Water Quality; 801-536-4344; jetherington@utah.gov --Utah State Bulletin (07/01/2017) Regulatory Update Wisconsin AIR State Implementation Plan Revision Wisconsin AIR 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). The revision aligns stationary source greenhouse gas emissions standards with federal requirements. The agency intends to submit the SIP revision to the EPA for approval. A comment due date is not specified. Contact: Kristin Hart; DNR, Permits and Stationary Source Modeling Section; 608-266 6876; kristin.hart@wisconsin.gov --Wisconsin Administrative Register (07/10/2017) 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_00002464-00021