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REC review of legislative & regulatory actions

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REC review of legislative & regulatory actions
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REC review
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United States -- Department of Defense. -- Environment, Safety and Occupational Health Network and Information Exchange. -- Regional Environment Coordinators ( issuing body )
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English
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1 online resource : ;

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newspaper ( sobekcm )
newspaper ( marcgt )

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"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 interests".

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University of Florida
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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:
on10477 ( NOTIS )
1047730752 ( OCLC )
2018226785 ( LCCN )
on1047730752

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REC update

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1 | Page REC Review November 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 dodrecregion 3@navy.mil. Table of Contents SPOTLIGHT ...................................................................... 1 GENERAL INTEREST ......................................................... 2 FEDERAL NEWS ................................................................ 2 REGION 1 ........................................................................ 4 REGION 2 ........................................................................ 6 REGION 3 ........................................................................ 7 REGION 4 ( NORTH CAROLINA ONLY ) ............................ 1 0 REGION 5 ...................................................................... 1 1 MEET THE REC STAFF ..................................................... 1 3 SUBSCRIBE .................................................................... 1 3 SPOTLIGHT STORY National Public Lands Day is the nations largest hands on volunteer effort to improve and enhance public lands. In 2015, there were 30 military installations that participated in the event through the Department of Defense Legacy program. The Legacy program provides funds to the National Env ironmental Education Foundation for NPLD partnership projects on military lands that improve the quality of public lands and educate the public about natural resource issues and stewardship. Th is year, Naval Station Norfolk (NSN) had a very successful event with 30 volunteers who plant ed 16 mature native tre e s and beautified the landscape by pruning trees and shrubs at USS Cole and Iowa Memorials. Among volunteers was Team Rubicon, a veteran organiza tion that deploy s emergency response teams during natural disasters. When they arent responding to natural disasters they participate in service projects. Service projects, like the one completed at N SN USS Cole and Iowa Memorials are great ways to give back to the environment and show the continued dedication we have to those

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2 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ who have fallen protecting our freedom. As Johnny Northon from Team Rubicon stated, people are genuinely touched by what we were doing, almost as if we were doing it for their lost shipmate. We are doing way more than just planting some trees and cleaning up. GENERAL INTEREST A GREEMENT ON A FRAMEWORK TO LIMIT AVIATION GHG EMISSIONS Working through the International Civil Aviation Organization (ICAO), government, industry and civil society representatives have agreed on the outline for a new global market based measure to control CO2 emissions from international aviation The centerpiece of the ICAO agreement reached October 6 is a market based measure that will allow airlines to offset any growth in their emissions beyond 2020 levels with reductions in other sectors. The offsetting proposal is especially controversial. Ai rlines are striving to make planes more efficient, but the industry cannot innovate fast enough to counterbalance its dynamic growth. DOD CHESAPEAKE BAY PROGRAM SUMMER JOURNAL DoD CBP quarterly journ al is now available. This issue discusses forestry at Aberdeen Proving grounds, combating emerging invasive species, and Chesapeake Bay projects. NATIONAL INTEGRATED DROUGHT INFORMATION SYSTEM, EXECUTIVE COUNCIL The National Integrated Drought Information System Program Office will hold an organizational meeting on October 27, 2016, in Washington, DC, to reconstitute the Executive Council. The National Integrated Drought Inform ation System was established by Public Law 109 430 on December 20, 2006, and reauthorized by Public Law 113 86 on March 6, 2014, with a mandate to provide an effective drought early warning system for the United States; coordinate, and integrate as practic able, Federal research in support of a drought early warning system; and build upon existing forecasting and assessment programs and partnerships. 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 EPA LEAVES NAAQS FOR LEAD UNCHANGED Based on EPA's review of the air quality criteria and the national ambient air quality standards (NAAQS) for lead (Pb), EPA is retaining the current primary and secondary standards for Pb without revision. EPA is basing the final decisions in this review on the studies and related information included in the Pb air quality criteria that have undergone CASAC and public review. The EPA will consider any "new" studies for purposes of decision making in the next periodic review of the NAAQS for Pb.

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3 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ HAZARDOUS WASTE HAZARDOUS WASTE EXPORT AND IMPORT REGULATIONS In advance of formal publication EPA has released the text of a final rule implementing changes to the export and import of hazardous wastes (including universal wastes and specific wastes such as lead acid batteries) from and into the U nited States. The changes will: enable electro nic submittal to EPA of all export and import related documents, enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to RCRA export consent requirements prior to exit, Exporters of hazardous waste shipm ents, and the transporters carrying such shipments, to Canada, Chile, Mexico and any non OECD country will be required to comply with OECD procedures under new or renewed consents issued after the effective date of this action. Importers and receiving faci lities and transporters carrying such shipments from any non OECD country similarly will be required to comply with OECD procedures under new or renewed consents. Any existing export and import shipments with consents issued prior to the effective date of this action will only be required to comply with the terms of the consent and the original Part 262 subparts E or F based requirements in effect at the time the consents were issued until the relevant consent periods expire. A requirement for recognized traders arranging for import or export to obtain EPA ID numbers will be similarly phased in. This final rule is effective on December 31, 2016. The compliance dates for the various new and updated provisions in this action can be found in section II.D of the rule. WATER UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES --PHASE II BATCH TWO EPA and DOD are proposing discharge performance standards for 11 discha rges incidental to the normal operation of a vessel of the Armed Forces into navigable waters. The 11 discharges addressed by the proposed rule are: catapult water brake tank and post launch retraction exhaust, controllable pitch propeller hydraulic fluid deck runoff, firemain systems, graywater, hull coating leachate, motor gasoline and compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil water separator effluent, and underwater ship husbandry. The proposed rule would be applicable to discharges from a vessel of the Armed Forces operating in the navigable waters of the United States, territorial seas, and the contiguous zone (CWA section 1322(n)(8)(A)). The proposed rule applies in both fresh and marine water s and can include bodies of water such as rivers, lakes, and oceans (collectively "waters subject to UNDS"). The EPA and DoD propose adding UNDS definitions to 40 CFR part 1700. Some of the definitions are slightly different from the definitions establis hed under the NPDES VGPs in order to increase clarity and understanding. The EPA and DoD specifically invite comment on these definitions. The preamble describes each of the regulated discharges, their environmental impacts, and the proposed marine poll ution control device (frequently a MCPD is an operational practice or practices required to minimize impact). Within one year of finalization of the Phase II standards, DOD will promulgate regulations governing the design, construction, installation, and use of MPCDs necessary to meet the discharge performance standards. DoD will implement the Phase III regulations as a DoD publication; also to be promulgated in three batches. Comments on the proposed r ule are due by December 6, 2016.

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4 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ REGION I CONNECTICUT Note: The Connecticut Legislature convened on 28 SEPT 2016 and adjourned on 28 SEPT 2016. OTHER REGULATORY ACTIVITY INTENT TO ISSUE THE COMPREHENSIVE GENERAL PERMIT FOR DISCHARGES TO SURFACE WATER AND GROUNDWATER The Connecticut Department of Energy and Environmental Protection has issued notice of its intent to issue the Comprehensive General Permit for Discharges to Surface Water and Groundwater (Comprehensive General Permit). The purpose of the Comprehensive General Permit is to provide a single general permit that will encompass discharges from the General Permit for the Discharge of Water Treatment Wastewater, General Permit for the Discharge of Minor Non contact Cooling and Heat Pump Water, and the General Permit for the Discharge of Hydrostatic Pressure Testing Water. The Comprehensive General Permit will also include coverage for discharges of fire suppression testing wastewate r, hydrant flushing wastewater, potable water system tank and pipeline draining wastewater, and boiler blowdown wastewater to the ground. INTENT TO MODIFY THE GENERAL PERMIT FOR MISCELLANEOUS DISCHARGES OF SEWER COMPATIBLE WASTEWATER The Connecticut Department of Energy and Environmental Protection has issued notice of its intent to Modify the General Permit for Miscellaneous Discharges of Sewer Compatib le Wastewater The modifications proposed in the Miscellaneous General Permit include: the addition of reverse osmosis reject water as a Group II discharge the addition of potable water system maintenance or sampling wastewaters as a group III discharge the addition of arsenic monitoring for water treatment wastewater resulting from coagulation and flocculation treatment processes the addition of a section requiring public water treatment facilities that seek a variance from the effluent limits to subm it detailed information on the discharge requiring the variance and the facilitys current and potential future residuals management plans the addition of specific phone numbers and times in the event a violation needs to be reported to the DEEP the additi on of a certification requirement and recordkeeping for wastewaters transported to a POTW INTENT TO RE ISSUE THE GENERAL PERMIT FOR POINT SOURCE DISCHARGES TO WATERS OF THE STATE FROM THE APPLICATION OF PESTICIDES The Connecticut Department of Energy and Environmental Protection has issued notice of its intent to reissue the General Permit For Point Source Discharges To Waters Of The State From The Application O f Pesticides T he permit is being issued to allow pesticide applicators to comply with the January 7, 2009 decision by the United States Court of Appeals for the Sixth District in the case of The National Cotton Council of America. This General Permit will work in conc ert with Connecticuts existing pesticide permitting program to comply with federal law and protect the waters of the state from pollution. STATE IMPLEMENTATION PLAN FOR AIR QUALITY: ATTAINMENT DEMONSTRATION FOR THE GREATER CONNECTICUT NONATTAINMENT AREA FOR THE 2008 OZONE NATIONAL AMBIENT AIR QUALITY STANDARD (NAAQS) AND STATEWIDE MOTOR VEHICLE EMISSIONS BUDGETS The Department of Energy and Environmental

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5 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ Protection has given notice of intent to revise the State Implementation Plan (SIP) to comply with the 2008 National Ambient Air Quality Standards for Ozone. This plan is necessary to fulfill the requirements under sections 172 and 182(b) of the Clean Air Act for moderate nonattainment areas. This revision addresses the attainment demonstration, for the Greater Connecticut Nonattainment Area, which is comprised of Litchfield, Hartford, Tolland, Windham and New London Counties. DEEP concludes that the Greater Connecticut Nonattainment are a is likely to attain the 2008 ozone NAAQS by the end of the 2017 ozone season. This SIP revision also includes motor vehicle emissions budgets for both Greater Connecticut and Southwest Connecticut. This attainment demonstration and motor vehicle emission s budgets will be submitted to the EPA for review and approval. Comments due 28 November 2016. MAINE Note: The Maine Legislature convened on 3 DEC 2014 and adjourned on 29 APR 2016. PROPOSED RULES DESIGNATION OF TWO FLAME RETARDANTS AS PRIRITY CHEMICALS The Department of Environmental Protection has proposed to designate two flame retardants on the chemicals of high concern list as priority chemicals. The proposal applies to manufacturers of specified product categories that contain intentionally added amounts of decabromodiphenol ether (deca BDE) or hexabromocylododecane (HBCD), which are used in the non polymeric, additive form as flame retardants. Comments due 1 4 November 2016. OTHER REGULATORY ACTIVITY DRAFT MULTI SECTOR GENERAL PERMIT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY The Maine Department of Environmental Protection has issued a proposed draft Multi sector General Permit Stormwater Discharge Associated with Industrial Activity for public comment. Comments were due 1 November 2016. MASSACHUSETTS Note: The Massachusetts Legislature convened on 7 JAN 2015 and adjourns on 4 JAN 2017. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. NEW HAMPSHIRE Note: The New Hampshire Legislature convened on 16 JUN 2016 and adjourned on 16 JUN 2016. FINAL RULES AMBIENT GROUNDWATER QUALITY STANDARDS (AGQS) FOR PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) The Department of Environmental Services proposed rulemaking to readopt Env Or 603.03. Effective May 31, 2016, the Department adopted Emergency Ambient Groundwater Quality Standards (AGQS) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PF OS) based on Health Advisory levels

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6 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ established by EPA. The Emergency AGQS were needed to enable the Department to require responsible parties to remediate contaminated groundwater or otherwise provide safe drinking water to the properties in New Hampshire whose drinking water has been or may be affected by P FOA and/or PFOS contamination. The Department proposed and readopt ed the emergency rules as regular rules so that the AGQS for PFOA and PFOS will remain in place. Effective 22 October 2016. RHODE ISLAND Note: The Rhode Island Legislature convened on 5 JAN 2016 and adjourned on 18 JUN 2016. FINAL RULES RULES AND REGULATIONS FOR HAZARDOUS WASTE MANAGEMENT The Department of Environmental Management has adopted amendments to the Rules and Regulations for Rules and Regulations for Hazardous Waste Management effective January 2014 (Hazardous Waste Regulations). These changes are proposed to rectify inconsistencies between state and federal rules regarding changes made in 2014. Also, after working with stakeholders, certain requirements were judged to be unnecessarily burdensome to the regulated community and/or u sed excessive resources of the Department without providing sufficient benefit to the environment. Therefore, these requirements were modified or removed Effective 2 0 October 2016. VERMONT Note: The Vermont Legislature convened on 7 JAN 2015 and adjourned on 7 MAY 2016 No new environmental legislation or regulation of significant importance to DoD was identifi ed during this reporting period. REGION II NEW JERSEY Note: The New Jersey Legislature convened on 12 JAN 2016 and adjourns on 9 JAN 2018. FINAL RULES MOTOR VEHICLE INSPECTION AND MAINTENANCE The Department of Environmental Protection approved amendments to its rules governing motor vehicle inspection and maintenance to update the emissions tests and standards for certain classes of both gasoline and diesel vehicles and further enhance the State's use of the available on board diagnostic (OBD) c apabilities of modern motor vehicles. The new rules, amendments, and repeals are the

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7 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ Department's contribution to changes to the State's enhanced motor vehicle I/M program, developed by the Department, the MVC, and the Department of the Treasury. Effective 3 October 2016. PROPOSED RULES NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM, TREATMENT WORKS APPROVALS, CAPACITY ASSURANCE PROGRAM, AND SEWER BAN PROGRAM The Department of Environmental Protection has proposed amendments to the New Jersey Pollutant Discharge Elimination System (NJPDES) rules with respect to the capacity assurance program (CAP) provisions that are part of the rules governing treatment works approvals (T WAs) at N.J.A.C. 7:14A 22. The Summary describes the existing CAP rule and the rule as it is proposed to be amended. Following that is a discussion of the basis for the proposed changes in the flow threshold that triggers the CAP analysis, and then a discu ssion of how the proposed amendments to the CAP rule relate to the wastewater treatment capacity analysis provisions in the proposed Water Quality Management Planning rules published elsewhere in this issue of the New Jersey Register. Last, the Summary des cribes an unrelated amendment that updates the TWA application requirements to include the submittal of GPS coordinates for certain aspects of a proposed TWA project. Comments due 6 January 2017. 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 has adopted emergency rule making to amend section 597 of Title 6 NYCRR. The purpo se of the emergency rule is to: Add perfluorooctanoic acid (PFOA acid, Chemical Abstracts Service (CAS) No. 335 671), ammonium perfluorooctanoate (PFOA salt, CAS No. 3825261), perfluorooctane sulfo nic acid (PFOS acid, CAS No. 1763231), and perfluorooctane sulfonate (PFOS salt, CAS No. 2795393) to 6 NY CRR Section 597.3; Allow fire fighting foam containing PFOA acid, PFOA salt, PFOS acid, or PFOS salt (all four substances) to be used to fight fire s (but not for training or any other purposes) on or before April 25, 2017, a use which would not otherwise be allowed under the regulation since the release of a hazardo us substance is prohibited; and Correct the list of hazardous substances by providing units for reportable quantities (RQs). Effective 16 September 2016 and expires 14 November 2016. REGION III DISTRICT OF COLUMBIA Note: The Council of the District of Columbia convened 3 JAN 15 and adjourns 31 DEC 16.

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8 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. 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. MARYLAND Note: The Maryland General Assembly convened on 1 3 JAN 1 6 and adjourned on 1 1 APR 1 6 No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. PENNSYLVANIA Note: The Pennsylvania General Assembly convened on 6 JAN 2015 and adjourns on 30 NOV 2016 PROPOSED LEGISLATION HB 2430 An Act providing for the use of competitive markets for the reduction of nutrien t and sediment pollution in the waters of this Commonwealth, for the use of marketable credits for the reduction of nutrient and sediment water pollution, for a request for proposal process to identify cost effective options for reducing nutrient and sedim ent pollution and for the powers and duties of the Pennsylvania Infrastructure Investment Authority. HB 2431 An Act amending the act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe Drinki ng Water Act, is amended by adding a section for maximum contaminant levels. FINAL RULES CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS FROM AUTOMOBILE AND LIGHT DUTY TRUCK ASSEMBLY COATING OPERATIONS AND HEAVIER VEHICLE COATING OPERATIONS The Environme ntal Quality Board has adopted rulemaking to amend Chapter 129 (relating to standards for sources) to read as set forth in Annex A. Th is rule w ill add 129.52e (relating to control of volatile organic compound ( VOC ) emissions from automobile and light duty truck assembly coating operations and heavier vehicle coating operations) to adopt reasonably available control technology (RACT) requirements and RACT emission limita tions for stationary sources of V OC emissions from automobile and light duty truck assembly coating operations and heavier vehicle coating operations i ncluding primer, primer surface topcoat and final repair coating materials, as well as additional coatings applied during the vehicle ass embly process and related cleaning activities. Th is rule w ill also add terms and definitions to 129.52e to support the interpretation of the proposed measures and amend 129.51 (relating to general) to support the addition of

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9 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ 129.52e. Effective 22 Oct ober 2016. VIRGINIA Note: The Virginia General Assembly will convene on 1 1 JAN 2017 and adjourn on 25 FEB 2017 FINAL RULES GENERAL PROVISIONS AND STATIONARY SOURCES The Department of Envi ron mental Protection has adopted amendments made to : revise the definitions of "continuous emission monitoring system data during startup and shutdown periods" and "kiln," revise the particulate matter limit for the waste burning kiln subcategory, revise the fuel variability factor for coal burning energy recovery units, and (iv) remove the provisions for affirmative defense. Virginia implements Subpart DDDD in Article 45 (9VAC5 406250 et seq.) of 9VAC540, Existing Stationary Sources. Although the provisions of Subpart DDDD are adopted by reference into Article 45, some revisions to Article 45 are necessary for the regulation to accurately track the EPA revisions. Effecti ve 16 November 2016. REGULATION FOR EMISSIONS TRADING PROGRAMS The Department of Environmental Quality has adopted amendments repealing the Clea n Air Interstate Rule an emissions trading program intended to control nitrogen oxides and sulfur dioxide, which contribute to harmful levels of fine particle matter and ozone in downwind states. Effective 16 November 2016. AMENDMENT 18 MERCURY CONTAINING LAMP CRUSHING The Department of Environmental Qua lity, Virginia Waste Management Board, has adopted amendments to the Virginia Hazardous Waste Management Regulations, 9 VAC 20 60, which provide requirements for the effecti ve management of hazardous waste in the Commonwealth, including the management of hazardous waste that has been deemed universal waste such as mercury containing lamps. This amendment revises the current management requirements and add s additional criteria for mercury containing universal waste lamps. Effective 1 April 2017; see page 575 of Virginia Register of Regulations. PROPOSED RULES AMENDMENTS TO CLARIFY CURRENT REQUIREMENTS AND ADDRESS FEDERAL REQUIREMENTS The Department of Agriculture and Consumer Services has proposed amendments to 2VAC5 670, Rules and Regulations for Enforcement of the Virginia Pesticide Law, to update the regulation and align it with current agency practices and federal requirements by : changing the title and format to be consistent with other pesticide related regulations; amending the language of the regulation to reflect the current agency policy regarding require ments for submission of pesticide labels; clarifying the registration requirements involving mixtures of pesticides and fertilizers or other pesticides; amending language to align the regulation with federal requirements; adding definitions to align the regulation with federal definitions and encourage compliance; amending language to more closely align the regulation with Virginia Pesticide Control Act; removing duplicative registration requirements; amending and clarifying regulatory label requireme nts to more closely align with federal requirements and minimize confusion;

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10 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ amending ingredient statement requirements for consistency throughout the regulation; clarifying warning or caution statements to more closely align with federal requirements and minimize confusion; and amending the handling and storage requirements. WEST VIRGINIA Note: The West Virginia Legislature convened on 18 SEPT 2016 and adjourned on 20 SEPT 2016. OTHER REGULATORY ACTIVITY DATA SHOWS WEST VIRGINIA COMPLIES WITH NEW OZONE STANDARD The West Virginia Department of Environmental Protection has recommended that the U.S. Environmental Protection Agency designate the entire state of West Virginia as being in attainment with the 2015 Ozone National Ambient Air Quality Standards. The recommendation is based upon quality assured data submitted by the DEP s Division of Air Quality from its EPA approved statewide monito ring network. REGION IV NORTH CAROLINA Note: The North Carolina General Assembly convened on 23 MAR 2016 and adjourned on 23 MAR 2016. FINAL RULES STORMWATER MANAGEMENT SYSTEMS The Department of Environmental Quality has adopted rulemaking to adopt the rules cited as 15A NCAC 02H .1018, .1019; .1021; .1031; .1040.1045; .1050.1062, readopt with substantive changes th e rules cited as 15A NCAC 02H .0150.0154; 02H .1001.1003; .1005.1017; .1020, and readopt without substantive changes the rule cited as 15A NCAC 02H .0126. This package of rules has been proposed by the Environmental Management Commission to meet the re quirements of G.S. 150B 21.3A "Periodic Review and Expiration of Existing Rules" and Session Law 2013 82 "Fast Track Permitting for Stormwater Management Systems." Effective 1 January 2017. PROPOSED RULES ARCHAEOLOGY AND HISTORIC PRESERVATION There are si gnificant changes proposed for the administration and management of state cultural resource programs and SHPO coordination. Actual mission impact of such changes may be minor, but these changes should be reviewed to avoid procedural delays associated with NHPA section 106 planning requirements. Comments due 2 December 2016. ENVIRONMENTAL MANAGEMENT OFFSITE CONTAMINATION The Department of Environmental Quality has

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11 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ proposed rules related to requirements for remedial action when contamination has migrated offsite. This modification does not change the legal requirements for remedial action or the Division's implementation and enforcement of the statue. Comments due 2 December 2016. UNDERGROUND STORAGE TANK REGULATIONS The Department of Envi ron mental Quality has p roposed new rules and amendments to incorporate changes to the federal Underground Storage Tank regulations (40 CFR Part 280) to retain its State Program Approval. Comments due 3 January 2017. REGION V ILLINOIS Note: The Illinois General Assembly convened on 14 JAN 2015 and adjourned on 11 JAN 2017 PROPOSED REGULATION SEWER DISCHARGE CRITERIA The Pollution Control Board has propo sed amendments to update the Illinois wastewater pretreatment rules to correspond with amendments adopted by the United States Environmental Protection Agency that appeared in the Federal Register during the second half of 2015: October 22, 2015 (80 Fed. Reg. 64064): USEPA adopted mandatory digital reporting rules for facilities permitted under the National Pollutant Discharge Elimination System program and indirect dischargers. The Board will incorporate the wastewater pretreatment elements of these repor ting requirements into the Illinois pretreatment regulations. November 3, 2015 (80 Fed. Reg. 67838): USEPA amended wastewater effluent requirements applicable to sources in the Steam Electric Power Generating Point Source Category. Some of the amendments related to wastewater pretreatment. The Board will incorporate the wastewater pretreatment elements of these revised standards into the Illinois pretreatment regulations. Comments due 15 December 2016; see page 14580 of Illinois Register. INDIANA Note: The Indiana General Assembly convened on 11 JAN 2016 and adjourned on 10 MAR 2016. OTHER REGULATORY ACTIVITY FINAL NPDES PESTICIDE GENERAL PERMIT NUMBER ING870000 The Department of Environmental Management has issued the renewal of NPDES Pesticide General Permit Number ING870000. The purpose of this NPDES general permit is to establish requirements for point source discharges statew ide from the application of pesticides on

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12 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ waters of the state of Indiana and land areas adjacent to waters of the state. These requirements are consistent with the U.S. Environmental Protection Agency pesticide general permit requirements MICHIGAN N ote: The Michigan Legislature convened on 14 JAN 2015 and adjourns on 31 DEC 2016. PROPOSED LEGISLATION SB 950 Requires the military conduct long term studies and provide an alternate water supply when : the state issues a drinking water advisory in the vicinity of the base, the subject of the advisory was used on the base, and the military acknowledge the substance migrated from the base. OHIO Note: The Ohio General Assembly convened on 5 JAN 2015 and adjourns on 31 DEC 2016. FINAL RULES IRON AND MANGANESE TREATMENT The Environmental Protection Agency, Division of Drinking and Ground Waters has approved revisions to rule 37459109 of the Ohio Administrative Code to clarify existing com munity water systems making modifications to their source are required to provide treatment for the removal of iron and manganese in order to meet the secondary maximum contaminant level for these contaminants. Effective 14 October 2016. WISCONSIN Note: The Wisconsin Legislature convened on 5 JAN 2015 and adjourns on 4 JAN 2017. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period.

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13 | Page REC Review November 2016 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ MEET THE REC STAFF RADM 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 dodrecregion3@navy.mil 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 dodrecregion3@navy.mil Thanks.