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Southern review of legislative & regulatory actions

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Title:
Southern review of legislative & regulatory actions
Place of Publication:
Atlanta, GA
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The U.S. Army Regional Environmental & Energy Office
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Language:
English

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Subjects / Keywords:
Environmental law; Environmental policy; Periodicals;
REEO reviews
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serial ( sobekcm )

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Language:
English
General Note:
Southern Review of Legislative & Regulatory Actions, Headquarters;
General Note:
Monthly;
General Note:
Alabama; Florida; Georgia; Kentucky; Mississippi; North Carolina; South Carolina; Tennessee;

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University of Florida
Holding Location:
University of Florida
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This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
992713418 ( OCLC )
3403
ocn992713418

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Th e Southern Review publishes environmental and energy related developments for DOD/Army leaders and installation staff. Covering the eight states in Federal Region 4, the Southern Review gives early notice of legislative and regulatory activities relevant to DOD interests. For install ations that implement an environmental management system in accordance with ISO 14001 specifications, the content of the Review may help them identify emerging requirements. The Review is published under contract to the U.S. Army Corps of Engineers (USACE). The information in this publication is derived from a variety of sources and is not created by USACE. To read back issues of this or other Army REEO Reviews or to receive a monthly electronic copy, send an email request S USTAINING M ILITARY R EADINESS C ONFERENCE 2018 Leaders from the Department of Defense and its partners met in St. Louis, Missouri, for four days in August 2018 for discussions, workshops, and networking at the Sustaining Military Readiness Conference. Representatives from installations, ranges, and co mmands; state and local governments; communities and industry gathered to discuss emerging challenges and new opportunities to enhance and support military readiness. The Hon. Lucian Niemeyer, Assistant Secretary of Defense for Energy, Installations, and Environment, was a keynote priorities outlined in the 2018 National Defense Strategy : 1. Rebuilding military readiness as we build a more lethal Joint Force; 2. Strengthening alliances as we attract new partners; and 3. performance and affordability. Rebuilding and strengthening readiness were consist ent themes throughout the conference. S essions dealt with leveraging partnerships to address challenges in military readiness; promoting compatible management of resources to strengthen readiness; balancing competing interests for the electromagnetic spect rum; and finding greater access to air, land, sea and spectrum resources. Workshops offered tips for factoring climate change into integrated natural resource management plans, the science behind blast noise, training on cultural resources and Native Ame rican Affairs, and a 15 year retrospective on the Readiness and Environmental Protection Integration Program The Army, Navy, Air Force, and Marines also held sepa rate breakout sessions, hosted by headquarters staff, to review conservation easement and other encroachment management projects and priorities. Many of the session presentations can be found here Click on the "view session content link" for more information T ABLE OF C ONTENTS Alabama ................................ ................................ 2 Florida ................................ ................................ ... 2 Georgia ................................ ................................ .. 4 Kentucky ................................ ................................ 4 Mississippi ................................ .............................. 5 North Carolina ................................ ........................ 6 South Carolina ................................ ........................ 7 Tennessee ................................ .............................. 7 Federal Activity ................................ ....................... 7 DOD Activity ................................ ......................... 11 Professional Development ................................ ...... 13 Staff Directory ................................ ...................... 1 7 The U.S. Army Regional Environmental & Energy Office September 2018

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Page 2 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office 2018 L EGISLATIVE S ESSION : 9 JAN THROUGH 24 APR There are no significant legislative activities to report F EDERAL A CTIVITY A LABAMA A IR P LAN A PPROVAL AND A IR Q UALITY D ESIGNATION The Alabama Department of Environmental Management (ADEM) submitted a request 22 MAR 18 for the U.S. Environmental Protection Agency ( EPA ) to redesignate the Etowah County, Alabama fine particulate matter (PM 2.5 ) unclassifiable area to attainment for the 2006 primary and secondary 24 hour PM 2.5 National Ambient Air Quality Standard (NAAQS) EPA is approving ADEM 's request and redesignating the a rea to unclassifiable/attainment for the 2006 primary and secondary 24 hour PM 2.5 NAAQS based upon valid, quality assured, and certified ambient air monitoring data showing that the PM 2.5 monitor in the a rea is in compliance with the 2006 primary and secondary 24 hour PM 2.5 NAAQS ( 83 FR 42223 ) 201 8 L EGISLATIVE S ESSION : 8 JAN THROUGH 7 MAR There are no significant legislative activities to report P ROPOSED R ULES M INIMUM F LOWS AND L EVELS P RIORITY L IST The Southwest Florida Water Management District (WMD) has requested public input regarding the proposed 2018 Minimum Flows and Levels Priority List, with a focus on the Central Florida Water Initiative area. The Southwest Florida WMD announced 31 AUG 18 it will hold a public hearing 25 SEP 18. A QUATIC P LANT C ONTROL P ERMIT The Florida Fish and Wildlife Conservation Commission (FWC) has proposed amendments to the rules regarding aquatic plant control permits. The changes add new defini tions, remove obsolete definitions, clarify existing definitions, institute and clarify processes for permit applications, add new exemptions, and set forth new penalties. FWC published a notice of proposed rule 7 AUG 18. Comments must have been submitted no later than 28 AUG 18. E MERGING I NVASIVE S PECIES FWC has proposed amendments to rules to addr ess emerging invasive species issues regarding prohibited non native species, amnesty for persons relinquishing non native pets, and lionfish. FWC published a notice of deve lopment of rulemaking 17 AUG 18. For more information or to comment on any state issue in Region 4, please contact Dave Blalock REEO S Regional Counsel, (404) 545 5655.

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Page 3 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office W ATER S UPPLY P LAN The South Florida WMD has requested public input regarding the Lower East Coast Water Supply Plan. The WMD issued a notic e of meeting 10 AUG 18. The public meeting was held 22 AUG 18. A IR Q UALITY P LAN A MENDMENT S ULFUR D IOXIDE The Florida Department of Environmental Protection (FDEP) has proposed revision to Florida's Infrastructure State Implementation Plan ( I SIP ) under the Clean Air Act (CAA). Th e proposed sulf ur dioxide (SO 2 ) I SIP amendment confirms that Florida meets CAA Section 110(a)(2)(D)(i)(I), Prongs 1 and 2, requirements that address interstate transport of air pollutants. FDEP published a notice 3 AUG 18. Comments must have been submitted no later than 4 SEP 18 No hearing was requested or held. A IR Q UALITY P LAN A MENDMENT O ZONE FDEP has proposed revision to Florida's I SIP for the 2015 Ozone NAAQS unde r the CAA. The proposed ozone ISIP amendment confirms that Florida meets CAA Section 1 10(a) (2) requirements FDEP published a notice 3 AUG 18. Comments must have been submitted no later than 4 SEP 18. No heari ng was requested or held. P LANT P ESTS OF L IMITED D ISTRIBUTION The Department of Agriculture and Consumer Services (DACS) has proposed a rule regarding lists of plants with limited distribution in Florida that will entail quarantine action by the department. Th e rulemaking will add pink bollwormpest ( pectinophora gossypiella ) to the plants with limited distribution in Florida which will require quarantine action by the department if found. DACS published a notice of proposed rule 22 AUG 18. Comments were to be received no later than 12 SEP 18. R EGULATIONS R ELATING TO T AKING OF M AMMALS FWC has proposed rules clarifying the take of mammals that are not on the Florida Endangered and Threatened Species list or otherwise regulated by rules in Division 68A No mammal chapter exists, and the proposed rule will create a mammal chapter similar to existing chapters for birds ( 68A 16 ), re ptiles ( 68A 25 ), and amphibians ( 68A 26 ). The new mammal chapter includes species being delisted o r those that were recently delisted as part of the Imperiled Species Management Plan, species with similarity of appearance concerns, and possession limits for species that may be maintained as pets. The species included in this draft rule are included to continue to limit take to prevent the need to be listed again in the future or to reduce the risk that they will be taken, possessed, bred, or sold as part of the pet trade. FWC published a notice of development of rulemaking 16 AUG 18. F INAL R ULES W ATER S HORTAGE P LAN A MENDMENT The St. Johns River WMD amended the d water shortage plan required by Section 373.246, F.S., and codified in Chapter 40C 21, F.A.C. The a mendment may address noticing of the declaration of a water shortage and associated water use restrictions, the hydrologic indicators to be used to assess wh ether to declare a water shortage or to change phases of a declared water shortage, the water use restrictions to be implemented during particular phases of a water shortage, and other matters as appropriate to make the water shortage plan more effective a nd efficient. The St. Johns River WMD published notice of rule filing 7 AUG 18. The rules were effective 23 AUG 18. C ONSUMPTIVE U SE P ERMITS The St. Johns River WMD adopted amend ments to rules in Chapter 40C 2, F.A.C. to update the types of consumptive use permits the district staff is delegated the authority to approve. The WMD publis hed a notice of rule filing 14 AUG 18. The rules were effective 29 AUG 18. F EDERAL A CTIVITY F LORIDA A IR Q UALITY D ESIGNATIONS EPA is establishing initial air quality designations for the 2012 primary annual PM 2.5 NAAQS for the remaining undesignated areas in the state of Florida ( 83 FR 39369 ) When EPA designated the majority of areas in the country for this NAAQS in December 2014 and March 2015, the agency deferred initial area designations for certain areas, including all of Florida, because EPA could not deter mine using available data whether the areas were meeting or not meeting the NAAQS. In August 2016, EPA designated most of the state of Florida ; however, five counties remained undesignated. EPA could not determine at that time whether the areas were meet ing

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Page 4 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office or not meeting the NAAQS. Florida has now submitted complete, quality assured, and certified air quality monitoring data for the period 2015 2017 for the areas identified in this action. Based on these data, EPA is designating the remaining counties as unclassifiable/attainment for the 2012 primary annual PM 2.5 NAAQS, effective 10 SEP 18. 2018 L EGISLATIVE S ESSION : 8 JAN THROUGH 2 9 MAR There are no significant legislative activities to report F INAL R ULE W ATER Q UALITY S TANDARDS The Georgia Environmental Protection Division (GEPD) has adopted amendments to the rules for water quality control regarding water u se classifications and water quality standards, as part of the triennial review. GEPD published the final rule 8 AUG 18. F EDERAL A CTIVITY G EORGIA H AZARDOUS W ASTE M ANAGEMENT P ROGRAM R EVISIONS Georgia EPD has applied to EPA for final authorization of change s to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA) ( 8 3 FR 39975 ) EPA has reviewed Georgia's application and has determined that the changes satisfy all requirements needed to qualify for final authorization and proposes to authorize the state's changes. EPA seeks public comment prior to taking final action. Comments were due 12 SEP 18. 2018 L EGISLATIVE S ESSION : 2 JAN THROUGH 13 APR There are no significant legislative activities to report P ROPOSED R ULES A IR Q UALITY P LAN A MENDMENT O ZONE The Kentucky Department of Environmental Protection (KDEP) has proposed revision I SIP addressing CAA Section 110 requirements. KDEP will conduct a public hear ing 21 SEP 18 to receive comments on the proposed revision. The department issued a notice of public hearing 5 SEP 18. A IR Q UALITY R EGULATIONS A M ENDMENT KDEP has proposed rulemaking to amend the following regulations: 401 KAR 52:050 Permit application, registration application, and compliance forms. 401 KAR 52:070 Registration of air contaminant sources. KDEP issued a notice of public hearing 9 AUG 18. The public hearing will be held 27 SEP 18, and written comments must be received no later than 30 SEP 18. A IR Q UALITY P LAN A MENDMENT G OOD N EIGHBOR P ROVISION KDEP has inv i ted public comment on a proposed revision to the SIP pertaining to the p roposed 110(a)(2)(D)(i)(I), g ood n eighbor p rovision Demonstration for the 2010 1 hour Nitrogen D ioxide National Ambient Air Quality Standard. KDEP will conduct a public hearing 18 SEP 18 to receive

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Page 5 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office comments on the proposed revision. Written comments must be received no later than 18 SEP 18. The department issued a notice of public hearing 14 AUG 18. A IR Q UALITY P LAN A MENDMENT R EGIONAL H AZE KDEP has proposed to revise the SIP to rely on the Cross State Air Pollution Rule (CSAPR), inst ead of the Clean Air Interstate Rule (CAIR), as an alternative to Best Available Retrofit Technology (BART). KDEP also requested EPA revi approval. Subsequently, the department request ed 2.5 2010 nitrogen dioxide and 2010 SO 2 ISIPs once the revised Regional Haze SIP has been approved. KDEP issued a notice of public hearing 4 SEP 18. The public hearing will be held 4 OCT 18. Written comments must be received no later than 4 OCT 18. W ATER Q UALITY S TANDARDS A MENDMENT KDEP has proposed changes to regulation in 401 KAR Chapter 5 to ensure that issued permits are legally sound and in compliance. Changes to the regulations in 401 KAR Chapter 5 will be subject to approval b y EPA. All of the regulations will remain consistent with Clean Water Act, Section 402, and 40 CFR Part 122, and will not be more stringent than the federal regulations. KDEP issued a notice 8 AUG 18. F EDERAL A CTIVITY K ENTUCKY A IR P LAN A PPROVAL AND A IR Q UALITY D ESIGNATION KDEP submitted a request 4 MAY 18 for EPA to redesignate the portion of Kentucky that is within the bi state (Kentucky and Indiana) Louisville PM 2.5 unclas sifiable area to unclassifiable/attainment for the 2012 primary annual PM 2.5 NAAQS. The bi state Louisville a rea consists of Jefferson County and a portion of Bullitt County in Kentucky, as well as Clark and Floyd c ounties in Indiana. EPA is approving KDEP 's request and redesignating the a rea to unclassifiable/attainment for the 2012 primary annual PM 2.5 NAAQS based upon valid, quality assured, and certified ambient air monitoring data showing that the PM 2.5 monitors in the bi state Louisville a rea are in c ompliance with the 2012 primary annual PM 2.5 NAAQS ( 83 FR 42034 ) This rule is effective 19 SEP 18. 2018 L EGISLATIVE S ESSION : 2 JAN THROUGH 2 APR There are no significant legislative activities to report P ROPOSED R ULE D RINKING W ATER Q UALITY A NALYSIS F UND The Mississippi Department of Health has proposed rules regarding a fee schedule to cover all reasonable direct and indirect costs of water quality analysis and related activities as required by the federal Safe Drinking Water Act. The department filed notice of the proposed rule 13 AUG 18. Comments must have been received no later than 7 SEP 18. F INAL R ULE U NDERGROUND S TORAGE T ANKS Mississippi Department of Environmental Quality (MDEQ) has adopted new rules regarding certification of persons who install, alter, test and permanently close underground storage tanks (USTs). The department also adopted amendments to UST regulations, technical standard s, and corrective action requirements. MDEQ filed notice of the final rule 30 AUG 18.

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Page 6 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office 201 8 L EGISLATIVE S ESSION : 10 JAN THROUGH 1 JUL There are no significant legislative activities to report P ROPOSED R ULES W ASTEWATER G ENERAL P ERMIT The North Carolina Department of Environmental Quality (NCDEQ) has requested public input regarding the National Pollutant Discharge Elimination System (NPDES) general permit for the discharg e of domestic wastewater from single family residences and other 100 percent domestic discharges with similar characteristics. NCDEQ published not ice 15 AUG 18. S EPTAGE M ANAGEMENT NCDEQ has proposed amendments to rules regarding septage management, permit fees, location of land application sites, record keeping, sampling and analysis, standards for septage detention and treatment facilities, land u se, site closure, and transportation of septage. NCDEQ published notice of the proposed rule 15 AUG 18. F INAL R ULES A IR Q UALITY S TANDARDS A MENDMENT NCDEQ has readopted with substantive changes the rules cited as 15A NCAC 02D .1002 and .1210 and readopt ed without substantive changes the rules cited as 15A NCAC 02D .1001 .1003, .1005, .1006 and .1008. The rule 15A NCAC 02D .1002 is proposed for amendment and readoption with substantive change in response to Session Law 2017 10, Section 3.5(b), which changes vehicle coverage as follows: (1) a vehicle wi th a model year within 20 years of the current year and older than the three most recent model years ; or (2) a vehicle with a model year within 20 years of the current year and has 70,000 miles or more on its odometer. NCDEQ is proposing to revise 15A NCAC 02D .1002 to comply with Session Law 2017 10. The rule 15A NCAC 02D .1210 has been updated to ( 1) revised emissi ons limits, operational standards, and monitoring recordkeeping and reporting requirements ; ( 2) the new definition of solid waste ; and ( 3) the applicability of the rule to additional combustion sources burning solid waste. NCDEQ published the approved rule s 1 AUG 18. The rule amendments are effective 1 JUL 18. T OXIC A IR P OLLUTANTS AND E MISSIONS FROM I NCINERATORS NCDEQ has adopted new rules regarding air quality, toxic air pollutants and emissions from incinerators. NCDEQ published the approved rule 1 AUG 18. F EDERA L A CTIVITY N ORTH C AROLINA A IR P LAN A PPROVAL EPA is proposing to approve a SIP revision submitted by NC DEQ 17 NOV 17 to remov e 26 counties from North Carolina's expanded inspection and maintenance program, which was previously approved into the SIP for use as a component of NC DEQ 's Nitrogen Oxides (NO X ) Budget and Allowance Trading Program ( 83 FR 35444 ) EPA has evaluated whether th e SIP revision would interfere with the requirements of the CAA including EPA regulations related to statewide NO X emissions budgets. EPA is proposing to determine that NC DEQ 's 17 NOV 17 SIP revision is consistent with the ap plicable provisions of the CAA.

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Page 7 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office 2018 L EGISLATIVE S ESSION : 9 JAN THROUGH 7 JUN There are no significant legislative or regulatory activities to report \ 201 8 L EGISLATIVE S ESSION : 9 JAN THROUGH 16 APR There are no significant legislative activities to report F EDERAL A CTIVITY T ENNESSEE A IR P LAN A PPROVAL EPA is approving a SIP revision submitted 11 NOV 17 by the Tennessee Department of Environment and Conservation to make minor changes to the gasoline dispensing regulations, including adding clarifying language and effective and compliance dates and specifying the counties subject to the reporting requirement rule ( 83 FR 33132 ) EPA has determined that Tennessee's 11 NOV 17 SIP revision is approvable because it is consistent with the CAA and with EPA's regulatio ns and guidance. A IR A IR P LAN AND O PERATING P ERMIT P ROGRAM A PPROVAL EPA is proposing to approve portions of SIP revisions and the Title V Operating Permit Program revisions submitted 19 MAY 17 by ADEM; submitted 29 NOV 17 by the Georgia EPD; and submitted 5 SEP 17 by the South Carolina Department of Health and E nvironmental Control ( 83 FR 39638 ) The revisions address the public notice rule provisions for the New Source Review and Title V Operating Permit programs of the CAA that remove the mandatory requirement to provide public notice of a draft air permit in a newspaper and a llow the CAA and implementing federal regulations. Comments were due 10 SEP 18 A IR P LAN A PPROVAL I NTERSTATE T RANSPORT EPA is proposing to approve portions of SIP submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee addressing CAA interstate transport infrastructure SIP requirements for the 2012 PM 2.5 NAAQS ( 83 FR 39387 ) The CAA requires each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly SIPs for the aforementioned states as demonstrating that air emissions in the states d o not significantly contribute to nonattainment or interfere with maintenance of the 2012 PM 2.5 NAAQS in any other state. Comments were due by 30 AUG 18. A NNUAL A IR Q UALITY R EPORT EPA announced it has released its annual report on air quality, tracking the progress in improving air quality since the passage of the CAA The repor t, 2017 documents the considerable improvements in air quality across America over more than 45 years. The report highlights that, between 1970 and 2 017, the combined emissions of six key pollutants dropped by 73 percent, while the

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Page 8 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office U.S. economy grew more than three times. A closer look at more recent progress shows that between 1990 and 2017, average concentrations of harmful air pollutants decreased s ignificantly: Sulfur dioxide (1 Lead (3 Carbon monoxide (8 Fine Particulate Matter (24 Coarse Particulate Matter (24 nt and Ground level ozone (8 The report includes interactive graphics that enable citizens, policymakers, and stakeholders to view and download detailed information by pollutant, geographic location, and year. G REENHOUSE G AS E MISSIONS FROM E XISTING E LECTRIC U TILITY G ENERATING U NITS EPA is proposing three distinct actions ( 83 FR 44746 ) including Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units (EGUs). First, EPA is proposing to replace the Clean Power Plan (CPP) with revised emissions guidel ines (the Affordable Clean Energy rule) that inform the development, submittal, and implementation of state plans to reduce greenhouse gas emission s from certain EGUs. In the proposed emissions guidelines, consistent with the interpretation described in th e proposed repeal of the CPP, EPA is proposing to determine that heat rate improvement measures are the best system of emission reduction for existing coal fired EGUs. Second, EPA is proposing new regulations that provide direction to both EPA and the stat es on the implementation of emission guidelines. The new proposed implementing regulations would apply to this action and any future emission guideline issued under section 111(d) of the CAA. Third, EPA is proposing revisions to the New Source Review (NSR) program that will help prevent NSR from being a barrier to the implementation of efficiency projects at EGUs. Comments must be received no later than 30 OCT 18. E NCROACHMENT M APS OF G EOGRAPHIC A REAS OF C ONCERN The D O D Military Aviation and Installation A ssurance Siting Clearinghouse released proposed maps of Geographic Areas of Concern (GAOC) for Boardman, Oregon, and Naval Air Station (NAS) Patuxent River, Maryland, for review and public comment ( 83 FR 39080 ) The maps available here are intended to support outreach efforts by D O D to the energy industry. To inform preliminary reviews and early outreach efforts under 10 U.S. Code section 183a D O D must identify distinct geographic areas selected as proposed locations for energy projects filed, or for energy projects that are reasonably expected to be filed in the near future, with the U.S. Department of Transportation pursuant to 49 U.S. Code section 44178 where DOD can demonstrate such projects could have an adverse impact on military operations and readines s, including military training routes, and categorize the risk of adverse impact in such areas. Section 183a defines adverse impact on military operations and readiness as any impact upon military operations and readiness, including flight operations, rese arch, development, testing, and evaluation and training, that is demonstrable and likely to impair or degrade the ability of the armed forces to perform their warfighting missions. The identification of a GAOC does not equate to a determination that a proj ect in the GAOC would result in an unacceptable risk to U.S. national security. It only means that such a project would have an adverse impact and requires further review by the Military Aviation and Installation Assurance Siting Clearinghouse. The public review and comment period for the Board, Oregon, and NAS Patuxent River, Maryland, GAOCs ended 7 SEP 18. E NFORCEMENT EPA S HIFTS F OCUS FROM E NFORCEMENT TO C OMPLIANCE EPA is preparing to rework the top priorities for the Office of Enforcement and Compliance Assurance (OECA), focusing the program on compliance rather than enforcement while boosting the roles of both states and other EPA program offices in selecting new initiatives. In an August memo to

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Page 9 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office regional administrators, OECA chief Susan Bodine wr ote that as part of a broader emphasis on compliance assistance her office is renaming the national enforcement initiative program as the national compliance program ; extending the cycle for revising the initiatives from every three years to every four; and modifying the selection criteria for the next cycle to downplay many of the current init iatives that were chosen by the previous administration E NERGY 2017 W IND E NERGY M ARKET R EPORTS The U.S. Department of Energy released three wind energy market reports demonstrating that as wind installations continue across the country and offshore wind projects move beyond the planning process, technology costs and wind energy prices continue to fall. The reports cover three market sectors: land based utility scale, distributed, and offshore wind. The 2017 Wind Technologies Market Report found that in 2017, wind energy contri buted 6.3 percent of the Iowa, Kansas, Oklahoma, and South Dakota. The average installed cost of wind projects was down 33 percent from the peak i n 2009 2010. The 2017 Distributed Wind Market Report found that in 2017, Iowa, Ohio, and California led the nation in new distributed wind capacity. Thirty five percent of distributed wind projects installed in 2017 were at homes, and 25 percent were agricultural installations. The 2017 Offshore Wind Technologies Market Upd ate reported that commercial scale projects were competitively selected in Massachusetts (800 MW), Rhode Island (400 MW), and Connecticut (200 MW). New York, New Jersey, and Maryland have offshore wind development projects in the planning stages. Approxima tely 60 percent of the U.S. offshore wind resources lie in deep waters. Wind projects in deep waters require wind turbines on floating foundations. Floating wind projects have been proposed off the coasts of Maine, California, and Hawaii. R ENEWABLE F UEL S T ANDARD P ROGRAM EPA has determine d that biodiesel and heating oil produced from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas produced from distillers sorghum oil via a hydrotreating process, meet the lifecycle greenhouse gas emissions reduction threshold of 50 percent required for advanced biofuels and biomass based diesel under the Renewable Fuel Standard (RFS) program ( 83 FR 37735 ) Based on these analyses, EPA is adding the pathways to the list of approved renewable fuel production path ways in the RFS regulations. EPA is also amending the RFS regulations by adding a new term The final rule is effective 1 OCT 18 F UEL E CONOMY AND E MISSION S TANDARDS EPA and the National Highway Traffic Safety Administration (NHTSA) are Efficient (SAFE) Vehicles Rule for Model Years 2021 2026 Pas senger Cars and Light Trucks 83 FR 42986 ). The SAFE Vehicles Rule would amend certain existing Corpora te Average Fuel Economy (CAFE) and tailpipe carbon dioxide emissions standards for passenger cars and light trucks and establish new standards, covering model years 2021 through 2026. EPA and NHTSA propose to retain the model year 2020 standards (specifica lly, the footprint target curves for passenger cars and light trucks) for both programs through model year 2026 Under this proposal, as c ompared to maintaining the post 2020 standards set forth in 2012, the Energy Information Administration estimates U.S. fuel consumption would increase by about half a million barrels per day and would impact the global climate by 3/1000th of one degree Celsius by 2100. In addition to receiving written comments, EPA and NHTSA are holding three public hearings ( 83 FR 42817 ) 24, 25, and 26 SEP 18. Written comments must be received no later than 23 O CT 18.

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Page 1 0 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office N ATURAL R ESOURCES D EPARTMENT OF I NTERIOR R EORGANIZATION The U.S. Department of Interior (DOI) has announced a reorganization plan that would separate agency offices into 12 egions across the U.S. In a 29 AUG 18 letter to DOI staff Secretary of the Interior Ryan Zinke stated th at his aim is to reorganize management of the department through 12 Unified Regions replace 49 different regions within DOI, but the reorganization will not include the Bureau of Indian Affairs, the Office of the Special Trustee for American Indians, or the Bureau of Indian Education. Secretary Zinke said there will not be any office or personnel relocations during the initial implementation of the reorganization plan. Senior executives will be working in each Unified Region over the next few months to design core elements of its respective operations. T HREATENED AND E NDANGERED S PECIES S P ECIES S TATUS R EVIEWS FOR S OUTHEAST R EGION The U.S. Fish and Wildlife Service ( FWS ) is initiating five year status reviews of 42 species under the Endangered Species Act ( ESA ) ( 83 FR 38320 ) A five year review is an assessment of the best scientific and commercial data available at the time of the review. FWS requested submission of i nformation that has become available since the last reviews of the species. Comments must be received no later than 5 OCT 18. T OXICS S. 3381 Encourages federal agencie s to expeditiously enter into or amend cooperative agreements with states for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water, and land and subsurface strata. Introduced 23 AUG 18. S IGNIFICANT N EW U SE R ULES E PA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 145 chemical substances that were the subject of pre manufacture notices ( 83 FR 37702 ). The chemical substances are subject to consent orders issued by EPA pursuant to section 5(e) of TSCA. This action requires persons who intend to manufacture ( defin ed by statute to i nclude import ) or process any of the 145 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of th e intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions a s are required with that determination. Th e rule is effective 1 OCT 18 S IGNIFICANT N EW U SE R ULES EPA is promulgating SNURs under TSCA for 27 chemical substances which were the subject of pre manufacture notices ( 83 FR 40986 ) The chemical substances are subject to consent o rders issued by EPA pursuant to section 5(e) of TSCA. This action requires persons who intend to manufacture ( defin ed by statute to include import ) or process any of the 27 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination. Th e rule is effective 16 OCT 18 S IGNIFICANT N EW U SE R ULES EPA is promulgating SNURs under TSCA for 19 chemical substances which were the subj ect of pre manufacture notices ( 83 FR 43538 ) The chemical substances are subject to consent o rders issued by EPA pursu ant to section 5(e) of TSCA. This action requires persons who intend to manufacture ( defin ed by statute to include import ) or process any of the 27 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA a t least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or

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Page 11 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office processing for the significant new use until EPA has cond ucted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination. Th e rule is effective 26 OCT 18 D RAFT T OXICOLOGICAL P ROFILES The Agency for Toxic Substanc es and Disease Re gistry (ATSDR) announces the availability of Set 29 Draft Toxicological Profiles for review and comment ( 83 FR 37812 ) These draft toxicological profiles represent ATSDR's best efforts to provide important toxicological information on priority hazardous substances. ATSDR is seeking public comments and additional information or reports on studies about the health effects of t ribufos, b romodichloromethane, b romomethane, and 2 h exanone for review and potential inclusion in the profiles. Although ATSDR considers key studies for these substances during the profile development process, the notice solicits any relevant, additional i nformation. ATSDR will evaluate the quality and relevance of such data or studies for possible inclusion into the profile. Comments must be submitted to ATSDR by 31 OCT 18. W ASTE C OAL C OMBUSTION R ESIDUALS A federal appeals court vacated portions of the Obama era coal ash disposal rule for being too lenient and is ordering the Trump administration to craft stricter disposal mandates for certain sites. In a 21 AUG 18 per curiam opinion a three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit broadly back ed environmentalists' arguments that the 2014 Resour ce Conservation and Recovery Act (RCRA) rule does not go far enough to regulate sites that lack a composite liner to prevent groundwater leaks or address potential pollution from W ATER W ATERS OF THE U.S. R ULE R EVIVED IN 26 S TATES A federal judge in South Carolina has issued a nationwide injunction on the Trump administration's delay of the 2015 Clean Water Rule, also known as the Waters of the U.S. (WOTUS) Ru le. The decision in the U.S. District Court for the District of South Carolina means the Clean Water Rule is now the law in 26 states where district court judges have not stayed the regulation. The regulation redefined which wetlands and small waterways ar e covered by the Clean Water Act (CWA), but was delayed by the Trump administration rule in February 2018. In the Southern Region, the WOTUS rule is in effect in Mississippi and Tennessee. A map showing where the rule is in effect is available here A SSUMABLE W ATERS USACE issued a m emorandum to assist states in determining waters over which they may assume responsibility to manage the CWA Section 404 d redge and f ill permit program, should they seek that authority. The Section 404 of the CWA a permit is required before dredged or fill material can be discharged into navigable waters or certain wetlands. To date, only Michigan and New Jersey have assumed administration of the Section 404 program USA CE retains permitting authority for the rest of the country. Th e memorandum expressly does not affect the scope of "waters of the United States" under the CWA. For additional information, click here 2019 N ATIONAL D EFENSE A UTHORIZATION A CT In August, President Trump signed the John S. McCain Nati onal Defense Authorization Act for Fiscal 2019 Among provisions in the bill are those relating to energy security and resilience; per and polyfluoroalkyl substances (PFAS) in drinking water; the effect of wind farms on military operations; and the Readin ess and Environmental Protection Integration (REPI) Program:

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Page 12 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office Section 312 addresses energy security and resilience by requiring DOD to set energy security and resilience metrics, report on energy security and resilience goals annually, and report on energy projects awarded during the reporting period and planned in the next two years; Section 315 directs DOD to fund a study conducted by ATSDR on the health implications of PFAS contamination in drinking water and to take certain actions after EPA sets a maxi mum contaminant level for PFAS in drinking water; Section 318 directs DOD to work with the National Oceanic and Atmospheric Administration (NOAA) to study the impact of wind farms on weather radar and military operations. The study, due to Congress in 2019 would focus on improving existing tools needed to validate mitig ation options for weather radar; and Section 2827 clarifies that state owned National Guard installations are military installations eligible for participation in military programs that li mit encroachment under 10 USC 2684a(a) D EFENSE E NVIRONMENTAL P ROGRAMS A NNUAL R EPORT TO C ONGRESS The Defense Environmental Programs Annual Report to Congress for Fiscal 2016 has been released. In fiscal 2016, DOD obligate d approximately $3.6 billion for its environmental programs. This includes $1.6 billion for environmental restoration activities, $1.8 billion for environmental quality activities, and $189 million for environmental technology activities. DOD E NERGY E FFIC IENCY AND S USTAINABILITY S CORECARD DOD released its sustainability scorecard and data for fiscal 2017. The scorecard uses the colors green, yellow, and red to illustrate DOD progress toward meeting various department goals for energy use intensity, efficiency, and renewable use; water efficiency; sustainable buildings; fleet management; and acquisition. The data for fiscal 20 17 uses graphs to show progress over the years toward meeting goals. Information on other federal agency data, including data for USACE, which is reported separately from DOD, is available her e DOD S TUDY A CTIVE O PEN B URN / O PEN D ETONATION S ITES DOD Office of Inspector General (OIG) announced it will evaluate DOD compliance with relevant environmental and related laws, inter agency and municipal agreements, and polity at sites where DOD conducts or conducted open burning of excess conventional ammunition and explosives at locations in the U.S. and its territories. OIG will also evaluate DOD oversight of contractors performing open burning at those sites. The project was initiated in re sponse to congressional request. L EAD B ASED P AINT IN M ILITARY H OUSING According to a press release U.S. Senators Tim Kaine (D VA), David Purdue (R GA), Mark Warner (D VA), and Johnny Isaks on (R GA) sent a letter to the Secretary of the Army raising concerns about elevated levels of lead in housing on U.S. Army installations and its effect on the children of military families. The letter asks for a detailed briefing about what the Army is do ing to keep military families safe and what they need from Congress to address this problem A RMY G UIDANCE ON P ER AND P OLYFLUOROALKYL S UBSTANCES The Chief, Army Environmental Programs, within the Office of the Assistant Chief of Staff for Installation Management issued Army Guidance o n Per a nd Polyfluoroalkyl Substances (PFAS) 4 SEP 18. The guidance applies to Active Army installations, Base Realignment and Closure installations, Army National Guard facilities, and U.S. Army Reserve facilities. It p rovides a consistent framework for addressing historic releases of perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and other PFAS on Army installations with Army and DOD approved regulatory standards or advisories applicable to Army facili ties. It prioritizing sites for future investigations and response actions. It also includes guidelines for applying risk based criteria du ring the cleanup process and requirements for sampling and analysis.

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Page 13 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office DOD T RAINING S OURCES US A RMY C ORPS OF E NGINEERS PROSPECT T RAINING (C LASSROOM ). USACE announces course availability for the FY 20 1 8 PROSPECT (i.e., Proponent Sponsored Engineer Corps Training ) program. Courses are open to federal, state, county, and city employees and contractors. There are different registration processes for each entity. Please refer to the course catalog and list of classes and schedule for details. Environmental courses include, but are not limited to: CERCLA/ RCRA Process (Course Control Number (CCN) 356 ) Environmental Laws and Regulations (CCN 170 ) En vironmental Regulations Practical Application Cou rse (CCN 398 ) Environmental Remediation Technologies (CCN 395 ) Hazardous Waste Manifesting / DOT Certification (CCN 223 ) Hazardous Waste Manifesting 16 Hour DOT Recertification Course (CCN 429 ) Hazardous/Toxic and Radioactive Waste Construction Inspection (CCN 141) Radioactive Waste Transport (CCN 441 ) The Complete RCRA Course (Hazardous Waste Generation, Management, and Corrective Action) (CCN 226 ) N AVY C IVIL E NGINEER C ORPS O FFICERS S CHOOL T RAINING The Navy Civil Engineer Corps Officers School (CECOS) offers training on environmental management, pollution prevention, environmental compliance, environmental conservation and planning, a nd environmental restoration. Energy course offerings include Leadership in Energy and Environmental Design, Energy Information Administration, and Energy Technology Information. Click here for information on course offerings and times. Courses offered by CECOS are available to all military and civilian employees of the U.S. government, free of charge. Travel costs are borne by the student. A IR F ORCE C IVIL E NGINEERING S CHOOL T RAINING The Air Force Civil Engineer School offers a variety of environmental management courses and seminars, including Interservice Environmental Education Review Board (ISEERB) offerings. Courses are available t o all military and civilian employees of the U.S. government, free of charge. Travel costs are borne by the student. D EFENSE AND F EDERAL E NVIRONMENTAL T RAINING /A WARENESS The Army offers numerous environmental training courses (classroom and online). Explo re training opportunities on the U.S. Army Environmental Command website which has links to training provided by DOD organizations. S TRATEGIC E NVIRONMENTAL R ESEARCH AND D EVELOPMENT P ROGRAM ( SERDP ) AND E NVIRONMENTAL S ECURITY T ECHNOLOGY C ERTIFICATION P ROGRAM ( ESTCP ) W EBINAR S ERIES (O NLINE ) DOD environmental research and development funding programs ( SERDP and ESTCP ) launched a webinar series to promote the transfer of innovative, cost effective and sustainable solutions developed using SERDP and ESTCP funding. Live webinars are offered every two weeks on Thursdays from 12:00 p.m. Eastern for 90 minutes. Most webinars feature two 30 minute presentations and interactive question and answer sessions on topics targeted for DOD and Department of Energy audiences. Prior presentations are archived for viewing an y time. Recently archived webinars, available on demand here include: Mana gement of Novel Hawaiian Ecosystems New Resource Conservation Insights to Desert Environments

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Page 14 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office REPI W EBINAR S ERIES (O NLINE ) webinars on best practices, tutorials, and knowledge sharing on partnerships that support the military mission and accelerate the pace and rate of land conservation. F EDERAL T RAINING S OURCES F EDERAL F ACILITIES E NVIRONMENTAL S TEWARDSHIP AND C OMPLIANCE A SS ISTANCE C ENTER (O NLINE ). FedCenter.gov is the federal government's home for comprehensive environmental stewardship, compliance assistance, and professional development information. FedCenter.gov provides a wide variety of information, such as: Program development (e.g., environmental managem ent systems, green procurement program); Federal and state regulatory requirements for various facility activities; Access to environmental assistance ; Access to free, FedCenter sponsored courses ; and Partnerships FedCenter also provides member assistance services such as collaboration tools fo r workgroups, environmental reporting tools, and daily newsletter and subscription services. B IOBASED P RODUCT T RAINING S ERIES (O NLINE ). The U.S. Department of Agriculture (USDA) offers a series of on demand training modules about biobased products and the BioPreferred Program: Fundamentals: Biobased Products and the BioPreferred Program Sustainable Acquisition: Biobased Requirements in the New Executive Order 13693 Contracting Officer Role in Contractor Reporting of Biobased Product Purchases BioPreferred Training for USDA Acquisition Community From Awareness to Action: The BioPreferred Federal Procurement Preference Program Products in Opera tions, Maintenance, and Cleaning G UIDING P RINCIPLES FOR S USTAINABLE F EDERAL B UILDINGS (O NLINE ). This training series from the Federal Energy Management Program ( FEMP ) provides updated guidance for complying with the 2016 Guiding Principles for Sustainable Federal Buildings. The series consists of five on demand courses: 2016 Guiding Principle I: Employ Integrated Design Principles and Introduction 2016 Guiding Principle II: Optimize Energy Performance 2016 Guiding Principle III: Protect and Conserve Water 2016 Guiding Principle IV: Enhance Indoor Environmental Quality 2016 Guiding Principle V: Red uce Environmental Impact of Materials and Guiding Principle VI Assess and Consider Climate Change Risks EPA S USTAINABLE M ATERIALS M ANAGEMENT A CADEMY (O NLINE ). Learn about key issues, successful projects, and a variety of best management practices for creating waste management programs, from the series of live and archived webina rs Building on the familiar concept of Reduce, Reuse, Recycle sustainable materials management is a systemic approach that seeks to reduce materials use and their associated environmental impacts over their entire life cycle, starting with extraction of natural resources and product design and ending with decisions on recycling or final disposal. The format is a formal presentation followed by a question and answer session. S USTAINABLE A CQUISITION FOR F EDERAL A GENC IES (O NLINE ). The two hour course provides staff involved in specifying and purchasing with a thorough introduction to compliance requirements, processes, and tools for procuring sustainable product s and services. Participants will receive specific guidance in how to meet executive order and Federal Acquisition

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Page 15 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office Regulation requirements and understand how sustainable acquisition benefits their agency, community, and the environment. S USTAINABLE A CQUISI TION T RAINING R ESOURCES (O NLINE ). The interagency federal Sustainable Acquisition & Materials Management Practices Workgroup compiled a spreadshe et of sustainable acquisition training resources developed or hosted by federal agencies that are available to government employees, businesses, and non governmental organizations. F EMP E T RAINING C OURSES (O NLINE ). FEMP offers interactive, eTraining courses to help federal agencies develop core competencies and comply with energy efficiency and renewab le energy water management and sustainability requirements. FEMP is partnering with the National Institute of Building Sciences' Whole Building Design Guide to host these comprehensive, FEMP developed eTraining courses. Promotional materials are available to help federal agencies encourage the completion of FEMP's eTraining courses. E NERGY S TAR (O NLINE ). Energy Star program helps identify and promote energy efficiency in products, homes, and buildings. EPA hosts a webinar series that covers a range of topics, from how to benchmark in Portfolio Mana ger to financing energy efficiency improvements to how to engage building occupants. I NTERSTATE T ECHNOLOGY AND R EGULATORY C OUNCIL (ITRC) T RAINING (O NLINE ). ITRC is a state led coalition working with federal partners, industry, academia, and stakeholders t o achieve regulatory acceptance of environmental training courses to reach a geographically d ispersed audience of regulators, consultants, and other members of the environmental community. The training sessions last approximately two hours, cover technical and regulatory information specific to environmental technologies and innovative approaches, and are supported by consensus based ITRC guidance documents. here (dates subject to change) G ENERAL C ONFORMITY T RAINING M ODULES (O NLINE ). The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not inter fere with a state's plans to meet national standards online training conformity training program covers all aspects of the rule and is divided into four modules. W ATER M ANAGEMENT B ASICS (O NLINE ). This FEMP online c ourse provides a concise introduction to comprehensive water management, to include key topic areas of basic water management terminology, history of federal water mandates, current Executive Order 13693 provisions, best practices associated with comprehen sive water management, and proven water conservation financing mechanisms and strategies. The three module course offers a thorough overview of water management in the federal context: Module One: Introduction to Federal Water Management Module Two: Introd uction to Comprehensive Water Management Module Three: Financing and Launching Water Management Projects C LIMATE C HANGE S CIENCE AND M ANAGEMENT W EBINAR S ERIES (O NLINE ). This U.S. Geological Survey webinar series was developed to inform scientists, land managers, and the public about potential and predicted climate change impacts on fish and wildlife and to help guide resource management decisions across the United States. Video recordings with closed captio ning are made available one to two weeks after each presentation. The next webinar is scheduled for 20 SEP 18. Information on upcoming webinars is available from the BioClimate newsletter ( click to subscribe). W ATER /W ASTEWATER U TILITY A LL H AZARDS B OOTCAMP T RAINING (O NLINE ). Hosted by EPA, this training course is designed for water and wastewater employees responsible for emergency response and recovery activities. It also explains why and how to implement an all hazards program and will cover prevention and mitigation preparedness response and recovery.

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Page 16 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office O THER T RAINING R ESOURCES C OOPERATIVE F EDERALISM W EBINAR ( O NLINE ). The Environmental Council of the States (ECOS) released a webinar available on demand, high light ing paper on Cooperative Federalism 2.0 and offer ing a deeper look into the EPA s tate relationship. 2018 D ESIGN AND C ONSTRUCTION I SSUES AT H AZARDOUS W ASTE S ITES T he Society for American Military Engineers (SAME) and EPA are co hosting the third symposium on design and construction issues at hazardous waste sites in Denver, Colo., 5 7 NOV 18 The symposium is designed to encourage dialogue and information sharing on design and construction issues relevant to hazardous waste sites in the western United States. The registration fee is waived for public agency/government employees.

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Page 17 of 17 Southern Review September 201 8 Army Regional Environmental & Energy Office Director/DOD Region 4 REC (4 04 ) 562 5146 Regional Counsel (4 04 ) 562 5016 Region 4 Army REC (404) 562 5231 (4 04 ) 562 5023 How the Regional Offices Work for You the military and regional policymakers helps to resolve issues before they become laws and regulations. The REEOs monitor proposed state environmental and energy laws and regulations for impacts to installation missions. When legislation or a regulation important to the Army or DOD is being developed, REEOs work with the o ther military Services to assure that DOD To comment on items in the Southern Review please contact the Regional Environmental Coordinator listed at the top of page two. To be added to the Southern Review distri bution list, email the Regulatory Affairs Specialist