1 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ The REC Review publishes environmental and energy related developments for DoD/Navy leaders and Installation staff. Covering 20 states in Federal Regions 1, 2, 3, 4, and 5, the REC Review gives early notice of legislative and regulatory activities relevant to DoD intere sts. To f ind out more about the Regional Environmental Coordination Office and browse back issues of the REC Review visit http://denix.osd.mil/rec/ To receive a copy of this electronic publication, send a subscription request to NAVFACML_EV firstname.lastname@example.org. Table of Contents SPOTLIGHT ...................................................................... 1 GENERAL INTEREST ......................................................... 2 FEDERAL NEWS ................................................................ 2 REGION 1 ........................................................................ 3 REGION 2 ........................................................................ 5 REGION 3 ........................................................................ 6 REGION 4 ( NORTH CAROLINA ONLY ) ............................... 8 REGION 5 ........................................................................ 8 MEET THE REC STAFF ..................................................... 1 1 SUBSCRIBE .................................................................... 1 1 SPOTLIGHT STORY Throughout the Navy, partnerships with key organizations are essential to ensure mission and fleet readiness. Commander Navy Region Mid Atlantic, Rear Admiral John Scorby, Jr. and NAVFAC Mid Atlantic Cultural Resources staff met with the Virginia State His toric Preservation Officer, Julie Langan, and her staff on Monday, August 8, 2016. T his meeting was an opportunity to enhance the Navy's partnership with the Virginia State Historic Preservation Office, as well as allows the SHPO to express any concerns wi th the Navy's C ultural Resources P rogram in Virginia. From left to right: Katherine Childes NAVFAC, Emmett Carawan NAVFAC, Heather Robbins NAVFAC, Mike Jones NAVFAC, Julie Langan VA SHPO, Ronald Hobgood NAVFAC, Marc Holma VA SHPO, and Greg LaBudde VA S HPO photo by NAVFAC Mid Atlantic has been facilitating meetings between CNRMA and the VA SHPO since the early 2000s and hosts a meeting at least every two years due to the number of historic properties located on Hampton Roads installations and numerous projects reviewed for potential effects to historic properties in accordance with the National Historic Preservation Act and other cultural resources laws and regulations. In addition, a ship tour was arranged to provide the SHPO and her staff with an understanding of the Navys operational side and how cultural resources management fits into the overall Navy mission. Through this partnership, Navy continues to demonstrate the balance between the mission and management of historic properties. Having partnerships, like that with SHPO, allows Navy to collaboratively solve challenges with the need for training space and facilities on our installations. Partnerships provide important opportunit ies for success of the Navy mission
2 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ GENERAL INTEREST FINAL GUIDANCE ON CONSIDERING GREENHOUSE GAS EMISSIONS AND EFFECTS OF CLIMATE CHANGE IN NEPA REVIEWS The Council on Environmental Quality (CEQ) has issued its final guidance on considering greenhouse gas (GHG) emissions and climate change in National Environmental Policy Act (NEPA) reviews at the EA or EIS level. The final guidance Recommends that agencies quantify projected direct and indirect GHG emissions as a proxy for assessing potential climate change effects when preparing a NEPA analysis; In order to assess effects, agencies should take account of the proposed action inc luding connected actions, to the extent feasible; Recommends that where agencies do not quantify the GHG emissions for a proposed agency action because tools, methodologies, or data inputs are not reasonably available, agencies include a qualitative a nalysis in the NEPA document and explain the basis for determining that quantification is not reasonably available. Outlines special considerations for analysis of biogenic carbon dioxide sources and carbon stocks associated with land and resource manag ement actions. Agencies should consider the potential for mitigation measures to reduce or mitigate GHG emissions ; Mitigation should be additional, verifiable, durable, enforceable, and (have assurances that it will be) implemented; Counsels agen cies to use information developed during the NEPA review to consider alternatives that would make the actions and affected communities more resilient to the effects of a changing climate. The final guidance is available at https://ceq.doe.gov/ceq_regulations/guidance.html ST. JULIENS CREEK ANNEX CELEBRATES SIGNIFICANT ENVIRONMENTAL MILESTONE On 23 August 2016, a near perfect summer day, Navy celebrated a significant milestone regarding the Environmental Restoration Program during the Construction Completion Ceremony held at St. Juliens Creek Annex. This milestone, completion of 36 years of investigation and remediation, d emonstrates all physical construction of cleanup remedies is complete and all immediate threats have been addressed while long term threats are being managed. FEDERAL NEWS Notice: With regard to any regulation or legislation, installation staff is requested to contact their respective component REC with information on mission or installation impacts, questions, or comments. AIR CLEANING SOLVENT HFE 347 pcf2 EXCLUDED FROM REGULATORY DEFINITION OF VOLATILE ORGANIC COMPOUND EPA has issued a final rule to add 1,1,2,2 Tetrafluoro 1 (2,2,2 trifluoroethoxy) ethane (also known as HFE 347pcf2; CAS number 406 780) to the list of compounds excluded from the regulatory definition of VOC on the basis that this compound makes a negligible contribution to tro pospheric ozone formation (i.e., ground level smog). Under the Significant New Alternatives Policy (SNAP) program, EPA previousl y made a determination that the stratospheric ozone depletion potential (ODP) of HFE 347pcf2 is expected to be negligible. HFE 347pcf2 was listed in 2012 as an acceptable substitute for several (other) ozone depleting chemicals in electronics and precision cleaning and as an aerosol solvent. Additionally the SNAP program anticipated that users will be able to use the compound in precision cleaning without significantly greater health risks than presented by use of other available substitutes.
3 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ FINE PARTICULATE MATTER NAAQS STANDARDS EPA has finalized requirements that state, local and tribal air agencies would have to meet as they implement the current and future national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5). Specifically, this document provides details on meeting the statutory state implementation plan (SIP) requirements t hat apply to areas designated nonattainment for any PM2.5 NAAQS, such as: General requirements for attainment plan due dates and attainment dates; emissions inventories; attainment demonstrations; provisions for demonstrating reasonable further progress; q uantitative milestones; contingency measures; and nonattainment New Source Review (NNSR) permitting programs, among other things. This rule clarifies the specific attainment planning requirements that apply to PM2.5 NAAQS nonattainment areas based on their classification (either Moderate or Serious), and the process for reclassifying Moderate areas to Serious. Additionally, EPA is revoking the 1997 primary annual standard for areas designated as attainment for that standard because EPA revised the primary annual standard in 2012. EPA first established the PM2.5 NAAQS in 1997, completed a review and revision of those standards in 2006, and most recently completed a review and revision of the PM2 .5 NAAQS on December 14, 2012. This final rule is effective on October 24, 2016. REGION I CONNECTICUT Note: The Connecticut Legislature convened on 13 JUN 2016 and adjourned on 20 JUN 2016. FINAL RULES REVISIONS TO AIR QUALITY REGULATIONS AND THE STATE IMPLEMENTATION PLAN CONCERNING NOx EMISSIONS FROM FUEL BURNING EMISSION UNITS The proposal includes the repeal of section 22a 17422 of the Regulations of Connecticut State Agencies (RCSA), the adopti on of RCSA sections 22a 17422e and 22f, and the amendment of various sections that refer to RCSA section 22a17422. This proposal reduces NOx emissions from fuel burning equipment and assist Connecticut to fulfill obligations under the 2008 and 2015 ozo ne national ambient air quality standards (NAAQS). Approved and adopted 12 August 2016. MAINE Note: The Maine Legislature convened on 3 DEC 2014 and adjourned on 29 APR 2016. PROPOSED RULES DEFINITIONS REGULATION The Department of Environmental Protection has proposed amendments to Ch. 100 Definitions Regulation, to add a number of compounds that were previously exempted from the definit ion of volatile organic compound by the U.S. Environmental Protection Agency. This regulation provides definitions for those terms
4 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ used in the air pollution control regulations and emission standards. MASSACHUSETTS Note: The Massachusetts Legislature convened on 7 JAN 2015 and adjourns on 4 JAN 2017. PROPOSED RULES AIR POLLUTION CONTROL The Department of Environmental Protection has proposed amendments to 310 CMR 7.00 designed to reduce emissions that contribute to the formation of ground level ozone and to meet federal Clean Air Act requirements. Comments due 26 September 2016. Comments due 30 September 2016. DRAFT AIR EMISSION LICENSE AMENDMENT FOR NAVAL COMPUTER AND TELECOMMUNICATIONS AREA MASTER STATION ATLANTIC DETACHMENT CUTLER The Department of Environmental Protection has issued a draft air emissions license for Naval Computer and Telecommunications Area Master Station. Comments due 19 September 2016. NEW HAMPSHIRE Note: The New Hampshire Legislature convened on 16 JUN 2016 and adjourned on 16 JUN 2016. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. RHODE ISLAND Note: The Rhode Island Legislature convened on 5 JAN 2016 and adjourned on 18 JUN 2016. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. VERMONT Note: The Vermont Legislature convened on 7 JAN 2015 and adjourned on 7 MAY 2016 FINAL RULES VERMONT GROUNDWATER PROTECTION RULE AND STRATEGY The Natural Resources Agency has adopted
5 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ emergency rules to establish a primary groundwater quality enforcement standard for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). Effective 25 August 2016 and expires 23 December 2016. VERMONT HAZARDOUS WASTE MANGEMENT RULE The Natural Resources Agency has adopted emergency rules related to listing Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) as Vermont listed hazardous wastes; creates several exemptions from managing wastes containing PFOA and PFOS as hazardous waste; and restructures the process of listi ng Vermont specific hazardous wastes. Effective 25 August 2016 and expires 23 December 2016. REGION II NEW JERSEY Note: The New Jersey Legislature convened on 12 JAN 2016 and adjourns on 9 JAN 2018. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. NEW YORK Note: The New York State Legislature convened 7 JAN 15 and adjourns 4 JAN 17. FINAL RULES CHEMICAL BULK STORAGE The Department of Environmental Conservation (DEC) has adopted emergency rule making to amend section 597 of Title 6 NYCRR. The purpose of the emergency rule is to: 1. Add p erfluorooctanoic acid (PFOA acid, Chemical Abstracts Service (CAS) No. 335 671), ammonium perfluorooctanoate (PFOA salt, CAS No. 3825261), perfluorooctane sulfonic acid (PFOS acid, CAS No. 1763231), and perfluorooctanesulfonate (PFOS salt, CAS No. 2795393) to 6 NYCRR Section 597.3; 2. Allow fire fighting foam containing PFOA acid, PFOA salt, PFOS acid, or PFOS salt (all four substances) to be used to fight fires (but not for training or any other purposes) on or before April 25, 2017, a use which wou ld not otherwise be allowed under the regulation since the release of a hazardous substance is prohibited; and 3. Correct the list of hazardous substances by providing units for reportable quantities (RQs). Effective 21 July 2016 and intends to adopt the p rovisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rulemaking, I.D. No. ENV 191600006EP, Issue of May 11, 2016.
6 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ REGION III DELAWARE Note: The Delaware General Assembly convened on 13 JAN 15 and adjourned on 30 JUN 16. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. DISTRICT OF COLUMBIA Note: The Council of the District of Columbia convened 3 JAN 15 and adjourns 31 DEC 16. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. MARYLAND Note: The Maryland General Assembly convened on 1 3 JAN 1 6 and adjourned on 1 1 APR 1 6 FINAL RULES THREATENED AND ENDANGERED SPECIES 08.03.08 Secretary of Natural Resources adopted amendments to Regulations .01, .04, .07, and .09, the repeal of existing Regulations .05, .06, and .08, and new Regulations .05, .06, .08, and .15 under COMAR 08.03.08 Threatened and Endangered Species. The purpose of this action is to list 23 new species of animals and plants in need of conservation, or which are endangered, threatened or endangered extirpated, and reclassify 31 species which are currently listed as in need of conservation, threatened, endangered o r endangered extirpated, by changing the status of 13 species and removing 18 listed species. Regulations .05, .06, and .08 are proposed to be repealed and replaced due to the large number of plant species common name changes proposed. Regulation .15 is pr oposed to provide protection for 10 nongame mammal species that are not currently listed as in need of conservation, threatened, or endangered and for one mammal species that is proposed to be delisted. Effective 29 August 2016. POPOSED RULE RADIATION PROTECTION The Department of the Environment has proposed amendments Subtitle 12 to incorporate Supplement 28, to include (a) five mandatory U.S. Nuclear Regulatory Commission regulations which incl ude clarifications to radioactive material physical protection reporting requirements, requirements for shipments
7 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ of category 1 quantities of radioactive material, harmonization of transportation safety requirements with International Atomic Energy Agency requirements, and miscellaneous corrections; (b) clarification of meaning of annual, (c) change in frequency of required radiation survey instrument calibration and radiographer audit; (d) clarification of definition of individual monitoring device; (e ) requirement for shutter checks for radioactive material specific license sealed sources; and (f) miscellaneous corrections. Comments due 3 October 2016. PENNSYLVANIA Note: The Pennsylvania General Assembly convened on 6 JAN 2015 and adjourns on 30 NOV 2016. PROPOSED LEGISLATION HB 2287 LEAD TESTING AT CHILD DEVELOPMENT CENTER An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to supervision, providing for lead testing; and, in departmental powers and duties as to licensing, providing for lead testing. Lead Te sting. --(a) A person seeking to operate, or to continue to operate, a children's institution shall submit: (1) a lead certification from an individual or laboratory accredited by the Department o f Environmental Protection that inclu des lead levels in water; and (2) f or a building built p rior to 1978, a lead inspection completed by a certified contractor, an inspector risk assessor or an inspector technician in accordance with the act of July 6, 1995 (P.L.291, No.44), known as the Lead Certification Act, that includes testing for lead levels in paint, dust and soil and hazardous conditions. A children's institution built prior to 1978 shall not be required to test for lead levels in paint if a full remediation or abatement of all lead paint has been completed and a cert ification or inspection report of such is produced. OTHER CLOSURE REQUIREMENTS FOR UNDERGROUND AND ABOVEGROUND STORAGE TANK SYSTEMS The Department of Environmental Protection has issued a notice that two new guidance are available for viewing: DEP ID: 2634500601. Title: Closure Requirements for Un derground Storage Tank Systems and DEP ID: 2634200001. Title: Closure Requirements for Aboveground Storage Tank Systems. New guidance establishing minimum standards for compliance with closure requirements for regulated large aboveground storage tanks. These procedures include closure notification, tank handling, waste management and disposal, site assessment, sampling requ irements, analytical requirements, release reporting and recordkeeping. Also updates Appendix E, Standards/Action Levels for Confirmatory Samples Collected at Closure Site Assessments, found on pages 47 and 48. EXTENSION OF NPDES GENERAL PERMIT FOR POINT SOURCE DISCHARGES TO WATERS OF THE COMMONWEALTH OF PENNSYLVANIA FROM THE APPLICATION OF PESTICIDES The Department of Environmental Protection has issued a notice that it is extending for 12 months, the availability of the current General Permit for Point Source Discharges to Waters of the Commonwealth of Pennsylvania from the Application of Pesticides (PAG15). VIRGINIA Note: The Virginia General Assembly will convene on 11 JAN 2017 and will adjourn on 25 FEB 2017. PROPOSED LEGISLATION SJR 84 Bill continued to 2017 session. Requesting the Department of Rail and Public Transportation to evaluate the
8 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ level of study necessary to identify and advance potential public transportation services from the FranconiaSpringfield Metro Station to Marine Corps Base Quantico in Prince Willi am and Stafford Counties, including the feasibility of extending the Blue Line and other multimodal options such as bus rapid transit along Interstate 95 and U.S. Route 1, and to study accordingly. WEST VIRGINIA Note: The West Virginia Legislature con vened on 16 MAY 2016 and adjourned on 14 JUN 2016. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. REGION IV NORTH CAROLINA Note: The North Carolina General Assembly convened on 14 JAN 2015 and adjourned on 1 JUL 2016. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. REGION V ILLINOIS Note: The Illinois General Assembly convened on 14 JAN 2015 and adjourned on 8 JUN 2016. FINAL RULES IDENTIFICATION AND LISTING OF HAZARDOUS WASTE The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 721 which implement segments of the federal amendments of January 13, 2015; April 8, 2015; April 17, 2015; and July 2, 2015. The amendments make all of the federal amendments relating to exclusion from the definition of solid waste. T he Board has included a limited number of corrections and clarifying amendments that are not directly derived from the instant federal amendments. USEPA suggested many of the included corrections after review of the Illinois hazardous waste regulations for the purpose of authorization of the Illinois RCRA Subtitle C program. Effective 9 August 2016.
9 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ LAND DISPOSAL RESTRICTIONS The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 728 which are corrections and clarifying amendments that are not directly derived from the instant federal amendments. This includes corrections submitted by USEPA as a result of review of the rules for the purpose of authorization of the Illinois RCRA Subtitle C program. Effective 9 August 2016. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 722 which make corrections suggested by USEPA based on review of the Illinois rules for the purpose of authorization of the Illinois RCRA Subtitle C program. Effective 6 August 2016. STANDARDS FOR OWNERS AND OPERATORS OF H AZARDOUS WASTE FACILITIES OPERATING UNDER A RCRA STANDARDIZED PERMIT The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 727 which are limited to minor corrections and clarifications. The changes are intended to have no substantive effect. The intent is to a dd clarity to the rules without deviation from the substance of the federal amendme nts on which this proceeding is based. Effective 9 August 2016. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 724 which are corrections and clarifying amendments that are not directly derived from the instant federal amendments. This includes correction of an error, at the request of Joint Committee on Administrative Rules (JCAR) staff, which the Board was to have completed in a prior rulemaking. This also includes corrections submitted by USEPA as a result of review of the rules for the purpose of authorization of the Illinois RCRA Subtitle C program. Effective 9 August 2016. IND IANA Note: The Indiana General Assembly convened on 11 JAN 2016 and adjourned on 10 MAR 2016. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. MICHIGAN Note: The Michigan Legislature convened on 14 JAN 2015 and adjourns on 31 DEC 2016. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. OHIO
10 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ Note: The Ohio General Assembly convened on 5 JAN 2015 and adjourns on 31 DEC 2016. FINAL RULES IDENTIFICATION OF HAZARDOUS CHEMICALS The Director of Environmental Protection, has adopted changes to 37503025, 37505001 The rules are being adopted after making amendments identified during a review to fulfill the requirements of ORC 106.03 and 106.031 (5 yr review). These rules address identification of hazardous chemicals and annual inventory filing fees and forms. Effective 1 August 2016. INCIDENT NOTIFICATIONS AND DEFINITIONS Emergency Rule 1501:98 01 The Department of Natural Resources has adopted emergency rules related to release of hazardous materials into the envi ronment. Effective 10 August 2016 and expires 8 December 2016. WISCONSIN Note: The Wisconsin Legislature convened on 5 JAN 2015 and adjourns on 4 JAN 2017. FINAL RULES WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT PROGRAM The Department of Natural Resources has adopted revisions to ch. NR 106 Wisconsin Admin Code, relating to the Wisconsin Pollutant Discharge Elimination System (WPDES) wastewater permit program regarding bioaccumulative chemicals of concern mixing zones, pollutants in intake waters, non contact cooling water exemption, and mer cury reasonable potential determination and other aspects of the WPDES permitting program. Effective 1 September 2016. WISCONSINS POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (RULE PACKAGE #4) The Natural Resources Board has adopted revisions to chs. NR 106, 205, and 212 relating to the Wisconsin Pollutant Discharge Elimination System (WPDES) wastewat er permit program regarding expression of limits, whole effluent toxicity, TMDL development and implementation, and other aspects of the WPDES permitting program. Effective 1 September 2016. PROPOSED RULES MANAGEMENT OF CONTAMINATED SOILS AND OTHER SOLID WASTES RR060 provides guidance to persons undertaking construction projects where contaminated environmental media (e.g., soil) or a combination of contaminated soil and other solid waste materials (e.g., historic fill) at environmental response action sites are encountered. These situations can include utility and pipeline installation and repair projects, as well as building construction, demolition, or road construction proje cts. This guidance was developed to assist responsible parties in understanding how to safely manage such materials in compliance with state law. Comments are due 22 September 2016.
11 | Page REC Review September 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ MEET THE REC STAFF RDML J. C. Scorby, Jr. DoD Regional Environmental Coordinator (757) 3222800, DSN 2622800 Director, Regional Environmental Coordination (REC) Office (757) 3410363 REC Counsel (757) 3222938 DSN 2622938 or Deputy (757) 3222812 Cultural Resources (757) 3410 925 Potable Water, Stormwater, Groundwater, Wastewater (757) 3410422 Air Quality, Asbestos, Radon (757) 3410387 P2, EPCRA, RCRA HW/SW (757) 3410408 Navy On Scene Coordinator Representative (757) 3410449 POL/Tanks (757) 3410453 Regional NEPA, Natural Resources (757) 3410493 Land Use, Encroachment (757) 3410264 Environmental Restoration (757) 3410394 REC Support (757) 3410430 REC Outreach (757) 3410395 DoD Chesapeake Bay Coordinators (757) 3410383 (757) 3410424 SUBSCRIBE If you would like to receive notice when the REC Update is posted, please send an email to: NAVFACML_EV email@example.com with your name, position, command, mailing address, phone number, and fax number. If your email address or phone number changes, please send an email with the updated information. If you or your organization would like to submit an article, story, or picture for future newsletters, send it to: NAVFACML_EV firstname.lastname@example.org Thanks.