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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
Publisher:
The U.S. Army Regional Environmental & Energy Office
Publication Date:
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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Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
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 A RMY R ELEASES PFAS G UIDANCE The Army has issued guidance for addressing release of per and polyfluoroalkyl substances (PFAS). A 4 SEP 18 memorandum, signed by the Chief of Army Environmental Programs in the Office of the Assistant consistent framework for addressing historic releases of perfluorooctane sulfonate (PFOS), perf luorooctanoic acid (PFOA), and any other PFAS on Army installations, with Army and DOD approved regulatory standards or The guidance includes instructions for identifying the ses of PFAS may have occurred and for prioritizing sites for future investigations and response actions. It specifies that where an environmental regulator, federal land manager, or other stakeholder requests the Army to investigate known or suspected rele ases of PFAS on transferred property, such as BRAC property, the Army will evaluate the request on a site specific basis. In May 2016, the U.S. Environmental Protection Agency (EPA) issued a Lifetime Health Advisory (LHA) for PFOS and PFOA, singly or combi ned, of 70 parts per trillion (ppt) in drinking water. In addition to the EPA LHA, some states are issuing regulatory standards of their own in multiple media, not just for PFOS and PFOA but other PFAS as well. Due to the evolving regulatory and legal env ironment surrounding PFAS, the guidance is subject to frequent updates. Click here to PFAS. T ABLE OF C ONTENTS Alabama ................................ ................................ 2 Florida ................................ ................................ ... 2 Georgia ................................ ................................ .. 3 Kentucky ................................ ................................ 3 Mississippi ................................ .............................. 4 North Carolina ................................ ........................ 4 South Carolina ................................ ........................ 5 Tennessee ................................ .............................. 5 Federal Activity ................................ ....................... 5 DOD Activity ................................ .......................... 8 Professional Development ................................ ...... 1 0 Staff Directory ................................ ...................... 1 4 The U.S. Army Regional Environmental & Energy Office October 2018

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Page 2 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office 2018 L EGISLATIVE S ESSION : 9 JAN THROUGH 24 APR There are no significant legislative or regulatory activities to report 201 8 L EGISLATIVE S ESSION : 8 JAN THROUGH 7 MAR There are no significant legislative activities to report F INAL R ULES C OASTAL C ONSTRUCTION AND E XCAVATION The Florida Department of Environmental Protection (FDEP) has amended Chapter 62B 33 F.A.C., Rules and Procedures for Coastal Construction and Excavation (Permits for Construction Seaward of the Coastal Construction Control Line and Fifty Foot Setback). The amendments clarify and update existing rule language, delete obsolete definitions revise other definition s, and add new ones The revisions provide additional exemptions from permitting for certain minor activities, delete obsolete references to the Florida Building Code, establish criteria for fill material, provide more specific cri teria for siting of both major and minor structures, and clarify the methodology used to establish the 30 year erosion projection line among other changes FDEP published a notice of rule filing 18 SEP 18. A IR P OLLUTION P ROGRAMS FDEP has adopted rules to incorporate requirements of FDEP's federally approved and delegated air pollution programs. These rule amendments include deletion of obsolete and unnecessary federal regulations that FDEP previously adopted by reference and streamlines adoptions by reference where appropriate. FDEP published a notice of rule filing 1 1 SEP 18. The rule was effective 25 SEP 18. D ISCHARGES FROM P ETROLEUM C ONTAMINATED S ITES FDEP has adopted revisions to rules regarding the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges from Petroleum Contaminated Si tes. FDEP published a notice of rule filing 5 SEP 18. The rule was effective 20 SEP 18. F EDERAL A CTIVITY F LORIDA : A IR P LAN A PPROVAL AND A IR Q UALITY D ESIGNATION On 26 MAR 18, the Florida Department of Environmental Protection (FDEP) submitted a request for EPA to redesignate the Hillsborough County lead nonattainment area to attainment for the 2008 Lead National Ambient Air Quality Standards (NAAQS) and to approv e an accompanying State Implementation Plan (SIP) revision containing a maintenance plan for the area. The Hillsborough area is comprised of 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 14 Southern Review October 201 8 Army Regional Environmental & Energy Office a 1.5 kilometer (km) radius in Tampa, Fla., surrounding the Envirofocus Technologies LLC facility. EPA is taking fi nal action to determine that the Hillsborough area is attaining the 2008 Lead NAAQS; to approve the SIP revision containing into the SIP; a nd to redesignate the Hillsborough area to attainment for the 2008 Lead NAAQS ( 83 FR 45836 ). 2018 L EGISLATIVE S ESSION : 8 JAN THROUGH 2 9 MAR There are no significant legislative or regulatory activities to report 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 a revision i nfrastructure SIP addressing Clean Air Act (CAA) Section 110 requirements. KDEP conduct ed a public hearing 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 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), in stead of the Clean Air Interstate Rule (CAIR), as an alternative to Best Available Retrofit Technology (BART). KDEP also requested EPA re approval. Subsequently, the department request ed 2.5 2010 nitrogen dioxide and 2010 SO 2 infrastructure SIPs once the revised Regional Haze SIP has been approved. KDEP issued a notice of public hearing 4 SEP 18. The public hearing was held 4 OCT 18. F EDERAL A CTIVITY K ENTUCKY : A IR P LAN A PPROVAL AND A TTAINMENT S TATUS D ESIGNATIONS KDEP submitted a revision to the Kentucky SIP 13 DEC 16 ( 83 FR 47856 ). The SIP revision updates, as of 6 OCT 16, the description and attainment status designations for geographic areas within the commonwealth for several NAAQS. The update s are being made to conform Kentucky's attainment status tables with the federal attainment status designations made for these areas. EPA is proposing to approve Kentucky's SIP revision because it is consistent with the CAA and EPA's regulations. Comments must be received no later than 22 OCT 18. 2018 L EGISLATIVE S ESSION : 2 JAN THROUGH 2 APR There are no significant legislative activities to report

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Page 4 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office F INAL R ULE C OASTAL W ETLANDS AND C OASTAL Z ONES The Mississippi Department of Marine Resources (MDMR) has adopted rules regarding coastal wetlands and coastal zones. MDMR filed the final rule 21 SEP 18. 201 8 L EGISLATIV E S ESSION : 10 JAN THROUGH 1 JUL There are no significant legislative activities to report P ROPOSED R ULES I NDUSTRIAL S TORMWATER G ENERAL P ERMITS The North Carolina Department of Environmental Quality (NCDEQ) has requested public input regarding NPDES industrial stormwater general permits to be revised and re issued: NCG010000 for Construction Activities subject to the N.C. Sediment Pollution Control Act NCG250000 for Construction Activities not subject to the N.C. Sediment Pollution Control Act NCG030000 for Metal Fabrication NCG060000 for Food and Kindred NCG080000 for Transit and Transportation NCG090000 for Paints and Varnishes NCG100000 for Used Motor Vehicles NCG120000 for Landfills NCDEQ issued an advisory 4 SEP 18. F EDERAL A CTIVITY N ORTH C AROLINA : N EW S OURCE R EVIEW FOR F INE P ARTICULATE M ATTER EPA is approving changes to the North Carolina SIP submitted by NCDEQ to EPA through a letter dated 17 O CT 17 ( 83 FR 45827 ). This SIP submittal modifies NCDEQ's Prevention of Significant Deteriora tion (PSD) regulations and includes the adoption of specific federal provisions needed to meet the New Source Review (NSR) permitting program requirements for the fine particulate matter (PM 2.5 ) NAAQS. of the PSD requirements for the infrastructure SIPs for the following NAAQS: 1997 Annual and 24 hour PM 2.5 ; 2006 24 hour PM 2.5 ; 2008 Lead; 2008 8 hour Ozone; 2010 Sulfur Dioxide (SO 2 ); 2010 Nitrogen Dioxide (NO 2 ); and 2012 Annual PM 2.5 As a result of this approval of NCDEQ's modified PSD regulations, EPA is also approving submittal with respect to the related PSD infrastructure SIP requirements for the NAAQS. N ORTH C AROLINA : A IR P LAN A PPROVAL I NSPECTION AND M AINTENANCE P ROGRAM EPA is approving a SIP revision submitted by NCDEQ to remove 26 counties from North Carolina's expanded inspection and maintenance program ( 83 FR 48383 ). The program was previously approved into the SIP for use as a component of the state's Nitrogen Oxides (NO X ) Budget and Allowance Trading Program. EPA has determined that North Carolina's 17 NOV 17 SIP revision is approvable beca use it is consistent with the CAA and with EPA's regulations. This rule was effective 25 SEP 18.

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Page 5 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office 2018 L EGISLATIVE S ESSION : 9 JAN THROUGH 7 JUN There are no significant legislative activities to report F EDERAL A CTIVITY S OUTH C AROLINA : P REVENTION OF S IGNIFICANT D ETERIORATION R ULES R EVISION EPA is proposing to approve portions of a SIP revision submitted by the South Carolina Department of Health and Environmental Control (DHEC) 5 SEP 17 that seeks to revise certain NSR regulations regarding the PSD p ermitting program ( 83 FR 47855 ). EPA is proposing this action pursuant to the CAA. C omments must be received no later than 22 OCT 18. S OUTH C AROLINA AND T ENNESSEE : A IR P LAN A PPROVALS EPA is approving the portions of SIP revisions submitted by South Carolina DHEC and Tennessee Department of Environment and Conservation (TDEC) 5 SEP 17 and 22 NOV 17, respectively ( 83 FR 48237 ). The revisions change reliance from the CAIR to the CSAPR for certain regional haze requirements; convert EPA's limited approvals/limited disapprovals of DHEC's and TDEC's regional haze plans to full approvals; and remove EPA's Federal Implementation Plans for South Carolina and Tennessee that replaced reliance on CAIR with reliance on CSAPR to address the deficiencies identified in the limited disapprovals of DHEC's and TDEC's infr astructure SIP submittals for the 2012 PM 2.5 2010 NO 2 2010 SO 2 and 2008 8 hour Ozone NAAQS; and the visibility prongs of TDEC's infrastructure SIP submittals for the 2012 PM 2.5 2010 NO 2 and 2010 SO 2 NAAQS. This rule is effective 24 OCT 18. \ 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 : N EW S OURCE R EVIEW R EVISIONS EPA is approving changes to the Tennessee SIP to revise NSR regulations ( 83 FR 48245 ). Specifically, EPA is approving the portions of a SIP revision submitted by TDEC 28 MAY 09 that modify the defini A IR S OUTHERN R EGION : A IR P LAN A PPROVALS I NTERSTATE T RANSPORT EPA is taking final action to approve portions of SIP submittals from Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee addressing the CAA interstate transport infrastructure SIP requirements for the 2012 PM 2.5 NAAQS ( 83 FR 48387 ). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each

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Page 6 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office PA is taking final action to approve the interstate transport portions of these infrastructure SIPs for the aforementioned states as demonstrating that air emissions in the states do not significantly contribute to nonattainment or interfere with maintenan ce of the 2012 PM 2.5 NAAQS in any other state. This rule is effective 25 OCT 18. S TATE I MPLEMENTATION P LANS E MISSIONS M ONITORING P ROVISIONS FOR N ITROGEN O XIDES EPA is proposing to update the regulations that were originally promulgated in 1998 to implemen t the nitrogen oxides (NO X ) SIP Call ( 83 FR 48751 ). In place of the current requirement for states to include provisions in their SIPs under which certain emissions sources must monitor their mass emissions of NO X according to 40 CFR part 75 the proposed amendm ents would allow states to include alternate forms of monitoring requirements in their SIPs. The amendments would also rescind the findings of interstate pollution transport obligations with respect to the 1997 8 hour Ozone NAAQS under the NO X SIP Call tha t have been stayed by EPA since 2000. Other revisions would remove additional obsolete provisions and clarify the remaining regulations but would not substantively alter any current regulatory requirements. E NERGY O IL AND G AS R ESOURCES The U.S. Forest Ser vice is preparing to revise the contents of its Oil and Gas Resources regulations ( 83 FR 46458 ). This advance notice is intended to give the public the op portunity to comment on key issues regarding implementation of the existing regulations or to bring other issues of concern to the Forest Service's attention. Comments will help the Forest Service determine the next steps in addressing the oil and gas regu lations. Comments must be received by 15 OCT 18. F UEL E CONOMY AND E MISSION S TANDARDS EPA and the National Highway Traffic Safety Administration (NHTSA) are uel Efficient (SAFE) Vehicles Rule for Model Years 2021 83 FR 42986 ).NHTSA also is extending the comment period for its Draft Environmental Impact S tatement (EIS) that accompanies the proposed rule ( 83 FR 48578 ). The comment period on the SAFE Vehicle Rule and Draft EIS has been extended to 26 OCT 18. N EW T EMPLATE FOR E NERGY S AVINGS P ERFORMANCE C ONTRACT S ALES A GREEMENT The U.S. Department of Energy (DOE) Federal Energy Management Program (FEMP) announced it has released a new editable request for proposals (RFP) template to the Energy Savings Performance Contract Energy Sales Agreement (ESPC ESA) Toolkit. This new template provides standard RFP language with prompts for entering project specific details. Download the editable RFP template from the ESPC ESA Toolkit ESPC E SAs allow federal agencies to utilize the ESPC long term multiyear contracting authority to implement cost saving renewable energy conservation measures. P HOTOVOLTAIC PLUS S TORAGE AT F EDERAL B UILDINGS AND C AMPUSES In August, FEMP released a flyer, Considerations for Implementing Photovoltaic (PV) plus Storage Systems at Federal Buildings and Campuses (DOE/GO 102018 5114). The two page flyer, which explains why PV plus storage systems are more complicated than PV alone, provides contact information for those seeking to learn more about implementing PV plus storage systems, and for assistance with federal PV plus storage projects. N ATURAL R ESOURCES N ATIONAL H ANDBOOK OF C O NSERVATION P RACTICES The Natural Resources Conservation Service (NRCS) intends to issue a series of revised conservation practice standards in the National Handbook of Conservation Practices ( 83 FR 45090 ). The standards include Combustion System Improvement (Code 372); Dust Control on Unpaved Roads and Surfaces (Code 373); Integrated P est Management (Code 595); Nutrient Management (Code 590); Pesticide Mitigation (Code 594); Subsurface Drain (Code 606); Waste Facility Closure (Code 360); and Wildlife Habitat Planting (Code 420). NRCS state conservationists who choose to adopt these prac tices in their states will incorporate them into Section IV of their respective electronic field office technical guide. These practices may be used in conservation systems that treat highly erodible land or on land determined to be a wetland.

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Page 7 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office S OIL C ONSERV ATION S OIL H EALTH I NDICATOR M EASUREMENTS NRCS intends to issue a technical note on a group of recommended standard methods for soil health indicators selected by a collaborative multi organizational effort ( 83 FR 46703 ). Soil health is defined as the capacity of the soil to function as a vital living ecosystem to sustain plants, animals, and hu mans. The recommended methods proposed met several criteria including indicator effectiveness with respect to management sensitivity and process interpretability, ease of use, cost effectiveness, measurement repeatability, and ability to be used for agricu ltural management decisions. Comments on the proposed standards must be received no later than 13 DEC 18. T HREATENED AND E NDANGERED S PECIES C HAMBERED N AUTILUS National Marine Fisheries Service (NMFS) announce d a final rule to list the chambered nautilus ( Nautilus pompilius ) as threatened under the Endangered Species Act ( 83 FR 48976 ). NMF S reviewed the status of the chambered nautilus, including efforts being made to protect this species, and considered public comments, including new information, submitted on the proposed rule. NMFS concludes critical habitat is not determinable because da ta sufficient to perform the required analyses are lacking; however, the service solicits information on habitat features and areas in U.S. waters that may meet the definition of critical habitat for the chambered nautilus. This final rule is effectiv e 29 OCT 18. T OXICS S IGNIFICANT N EW U SE R ULES EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 28 chemical substances that were the subject of premanufacture notices ( 83 FR 47026 ). The chemical substances are subject to orders issued by EPA pursuant to TSCA. This action requires persons who intend to manufacture (defined by s tatute to include import) or process any of the 28 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 evalua tion 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. In addition to this proposed rulemaking, EPA is issuing the action as a direct final rule effective 16 NOV 18 ( 83 FR 47004 ). S IGNIFICANT N EW U SE R ULES W ITHDRAWAL EPA is withdrawing SNURs promulgated under TSCA for 145 chemical substances that were the subjects of premanufacture notices ( 83 FR 48546 ). EPA published these SNURs using direct final rulemaking procedures, which require EPA to take certain actions if an adverse commen t is received. EPA received adverse comments regarding the SNURs; therefore, the agency is withdrawing the direct final rule SNURs published 1 AUG 18 ( 83 FR 37702 ). The direct final rule is withdrawn effective 26 SEP 18. S ENATE H EARING ON PFAS. In September a subcommittee of the Senate Committee on Homeland Security and Governmental Affairs held a hearing on PFAS. The subcommittee heard testimony from Maureen Sullivan, Deputy Assistant Sec retary of Defense for Environment ; and Peter Grevatt, director of EPA's Office of Ground Water and Drinking Water on what the federal government is doing about the chemicals that have shown up in drinking water in many states Video of the hearing and PDF s of witness testimony are available here C OURT O RDERS EPA TO I MPLEMENT C HEMICAL P LANT R ULE On 21 SEP 18, the Court of Appeals for the District of Columbia Circuit granted a motion from environmental groups to require the EPA to begin enforcing the Risk Manageme nt Plan rule The regulation seeks to prevent or mitigate disasters at chemical plants and similar facilities through measures like increased communication and preparedness of local first responders, more transparency to the public, and better investigatio n of incidents. A news release about the order is available here

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Page 8 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office W ASTE H AZARDOUS W ASTE M ANAGEMENT P ROGRAM R EVISIONS KDEP has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. EPA has reviewed KDEP's application, determined the changes satisfy all requirements needed to q ualify for final authorization and proposes to authorize KDEP's changes ( 83 FR 47858 ). Com ments must be received no later than 22 OCT 18. W ATER C OURT R ULING P OLLUTION M OVING THROUGH G ROUNDWATER N OT A P OINT S OURCE In two court cases in September, the 6th U.S. Circuit Court of Appeals found the Clean Water Act (CWA) does not apply to coal ash pollution that first enters groundwater before finding its way to federally regulated bodies of water. According to the panel of judges, the CWA does not cover pollution that moves through groundwater, which is historically subject to state level regulation. The court rejected arguments that either the coal ash ponds or the groundwater itself qualifies as a point source under the CWA. The act defines a point source as a "discernible, confined and discre te conveyance." The parties have 14 and 45 days in the two cases to ask the court to reconsider. I NVESTIGATION D ERIVED W ASTES PFAS. and Environmental Security Technology Certificatio n Program (ESTCP) are funding a suite of projects to develop technologies capable of more cost effective, on site treatment of investigation derived waste from PFAS. Selected projects are one year, proof of concept approaches. To learn more, click here GAO R EPORT S TATUS OF E FFORTS TO A DDRESS C ONTAMINANTS IN F IREFIGHTING F OAM The U.S. Government Accountability O ffice (GAO) issued a report on the status of DOD efforts to address drinking water contaminants used in firefighting foam ( GAO 18 700T ). The report is an update of a 2017 report ( GAO 18 78 ), which described steps DOD had taken in response to the health advisory EPA issued for PFOS and PFOA in drinking water. DOD I NTERACTIONS WITH F EDERALLY R ECOGNIZED T RIBES DOD has reissued Department of Defense Instruction (DODI) 4710.02 DOD Interactions with Federally Recognized Tribes. The DODI assigns responsibilities, provides guidance on cons ultation with federally recognized tribes, and describes actions installations must take regarding compliance and reporting associated with the Native American Graves Protection and Repatriation Act of 1990. The DODI was effective 24 SEP 18. G UIDANCE N EEDE D TO D EVELOP M ETRICS AND I MPLEMENT C YBERSECURITY R EQUIREMENTS FOR DOD U TILITIES P RIVATIZATION C ONTRACTS GAO has issued a report reviewing benefits to DOD that are claimed for utilities privatizatio n efforts. Generally GAO found that data has not been sufficiently tracked to establish benefits of utilities privatization. Recommendations include: DOD (Energy, Installations, and Environment, in consultation with the military departments) should issue g uidance requiring the military departments and Defense Logistics Agency to develop and implement performance metrics and measurable performance standards to track utilities privatization contract performance for future and current utilities privatization c ontracts. DOD (Energy, Installations, and Environment) should issue procedures to determine what constitutes covered defense information and what, if any, of this information is provided to or developed by the contractor in the performance of utilities pri vatization contracts; and take appropriate steps to protect such information.

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Page 9 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office D EPUTY A SSISTANT S ECRETARIES P ARTICIPATE IN T RI S ERVICE E NERGY R OUNDTABLE All three military services shared their perspectives on energy resilience and how to work with industr y to accomplish energy resilience objectives at the Energy Exchange in August. Panelists joining an energy roundtable included Deputy Assistant Secretary of Defense Lisa Jung, Deput y Assistant Secretary of the Navy Jim Balocki, Deputy Assistant Secretary of the Air Force Mark Correll, and acting Deputy Assistant Secretary of the Army for Energy and Sustainability J.E. Surash. The 2018 Energy Exchange presented a national level opport unity to expand knowledge, training, broaden practices, and gain insight on various challenges facing the DOD and the industry related to energy security, resilience, and efficiency. Additional information can be found here E NERGY A CTION M ONTH E NERGY R ESILIENCE E NABLES A RMY R EADINESS October is Energy Action Month The Army's theme in 2018 is "Energy Resilience Enables Army Readiness." Energy resilience is essential for a responsive Army Force posture and it begins at installations and community based Army National Guard and Army Reserve Centers. These locations ar e the foundation of the Army. Through diligent energy management, installations organize, train, equip, mobilize, deploy, and sustain operations. During the month of October, it is everyone's responsibility to become energy informed and aware, and to apply this knowledge throughout the year. Additional information on the Army's Energy and Sustainability programs can be found here E NERGY R ESILIENCE AND C ONSERVATION I NVESTMENT P ROGRAM U PDATES The U.S. Ar my Engineering and Support Center, Huntsville, announced it has updated the validation process for the Energy Resilience and Conser vation Investment Program (ERCIP). The new proposal submission procedure requires more comprehensive outlines for scopes of work, and answers to questions regarding impact if the project is not approved, mission critical assets the project will support, an d alternatives reviewed to meet project requirements. The new process also more clearly delineates the roles and responsibilities of the participants. For more information, click here G RANT F UNDING TO D EVELOP T EST S TANDARDIZED M ILITARY M ICROGRID The California Energy Commission and the Electric Power Research Institute have t eamed up to provide $8.5 million in grant funding to demonstrate a renewable energy microgrid at Naval Surface Warfare Center, Port Hueneme Division. The modular microgri d will power a server farm. The project is designed to develop a replicable model that demonstrates how to avoid electric instabilities during transitions between grid connected and islanding modes. It also could help the industry curtail the amount of cus tomization needed in microgrid development. Designed to provide four hours of backup power, the renewable energy microgrid will include a 500 kilowatt (kW) carport solar array, two 250 kW lithium ion battery energy storage systems, a microgrid controller, a 200 kilovolt ampere reactive synchronous condenser, and adaptive protection relays. C ORPUS C HRISTI A RMY D EPOT A WARDED FOR E NERGY C ONSERVATION E XCELLENCE Corpus Christi Army Depot was recognized for its continued energy and water conservation efforts by being selected as a winner of the 2018 Secretary of the Army Energy and Water Management Award during a ceremony in Cleveland, Ohio, in August. The Texas depot received the award in recognition of its use of an energy savings performance contract, saving t he government more than 50 million units of energy, with a cost avoidance of more than $1.8 million from October 2016 to October 2017. Additional information can be found here G UIDANCE FOR P ROCESSING R EQUESTS TO A LTER USACE C IVIL W ORKS P ROJECTS USACE has issued Engineer Circular (EC) 1165 2 220 Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408. The agency policy document provides the policies and procedures related to how USACE will process requests to alter a USACE Civil Works project under S ection 14 of the Rivers and Harbors Act of 1899 (more commonly referred to as Section 408). The EC was applicable beginning 10 SEP 18.

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Page 10 of 14 Southern Review October 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 Fiscal 2019 PROSPECT (i.e., Proponent Sponsored Engineer Corps Training ) program. Courses are open to federal, state, county, and city employees and contractors. There a re different registration processes for each entity. Please refer to the course catalog and list of classes and schedule for d etails. Environmental courses include, but are not limited to: CERCLA/RCRA Process (Course Control Number (CCN) 356 ) Environmental Laws and Regulations (CCN 170 ) Environmental Regulations Practical Application Course (CCN 398 ) Environmental Remediation Technologies (CC N 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 NGINEE R 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, env ironmental conservation and planning, and 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 studen t. 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 to 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). Explore 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 E RIES (O NLINE ) development funding programs ( SERDP and ESTCP ) launched a webinar series to promote th e 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 an d interactive question and answer sessions on topics targeted for DOD and Department of Energy audiences. Prior presentations are archived for viewing any time. Recently archived webinars are available on demand here 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.

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Page 11 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office F EDERAL T RAINING S OURCES F EDERAL F ACILITIES E NVIRONMENTAL S TEWARDSHIP AND C OMPLIANCE A SSISTANCE 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 a s: Program development (e.g., environmental management 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 co llaboration tools for 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: Bi obased 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 Operations, 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 Princ iples 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 cr eating waste management programs, from the series of live and archived webinars 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 d ecisions 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 GENCIES (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 products and services. Participants will receive specific guidance in how to meet executive order and Federal Acquisition Regulation requirements and understand how sustainable acquisition benefits their agency, community, and the environment.

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Page 12 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office S USTAINABLE A CQUISITION T RAINING R ESOURCES (O NLINE ). The interagency federal Sustainable Acquisition & Materia ls Management Practices Workgroup compiled a spreadsheet of sustainable acquisition training resources developed or hosted by federal agencies th at are available to government employees, businesses, and non governmental organizations. FEMP E T RAINING C OURSES (O NLINE ). FEMP offers interactive, eTraining courses to h elp federal agencies develop core competencies and comply with energy efficiency renewable 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. 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 Manager 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 to achieve regulatory acceptance of environmental and Field Services Division, ITRC delivers training courses to reach a geographically dispersed 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 technologie s and innovative approaches, and are supported by consensus based ITRC guidance documents. 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 interfere with a state's plans to meet national standards online conformity training program covers all aspects of the rule and is divi ded into four modules. W ATER M ANAGEMENT B ASICS (O NLINE ). This FEMP online course provides a concise introduction to comprehensive water management, to include key t opic areas of basic water management terminology, history of federal water mandates, best practices associated with comprehensive 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: Introduction 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 cli mate change impacts on fish and wildlife and to help guide resource management decisions across the United States. Video recordings with closed captioning are made available one to two weeks after each presentation. Information on upcoming webinars is avai lable 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. O THER T RAINING R ESOURCES C OOPERATIVE F EDERALISM W EBINAR (O NLINE ). The Environmental Council of the States (ECOS) released a webinar paper on Cooperative Federali sm 2.0 and offering a deeper look into the EPA state relationship.

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Page 13 of 14 Southern Review October 201 8 Army Regional Environmental & Energy Office 2018 D ESIGN AND C ONSTRUCTION I SSUES AT H AZARDOUS W ASTE S ITES The 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 14 of 14 Southern Review October 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 regula tions for impacts to installation missions. When legislation or a regulation important to the Army or DOD is being developed, REEOs work with the other military Services to assure that DOD To comment on items in th e Southern Review please contact the Regional Environmental Coordinator listed at the top of page two. To be added to the Southern Review distribution list, email the Regulatory Affairs Specialist