1 | Page REC Review January 2017 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 email@example.com. Table of Contents GENERAL INTEREST ......................................................... 1 FEDERAL NEWS ............................................................... 2 REGION 1 ........................................................................ 4 REGION 2 ........................................................................ 7 REGION 3 ........................................................................ 8 REGION 4 ( NORTH CAROLINA ONLY ) ............................ 1 0 REGION 5 ...................................................................... 1 0 MEET THE REC STAFF ..................................................... 1 2 SUBSCRIBE .................................................................... 1 2 G ENERAL INTEREST EPA CHALLENGES YOUR FACILITY TO EMBRACE COST EFFECTIVE LIFECYCLE IMPROVEMENTS! Is your facility in terested in going "greener" and sharing its experience with fellow feds? Executive agencies are asked to demonstrate leadership in environmental, energy, and economic performance by embracing life cycle cost effective improvements within their operations. EPA can support fellow federal agencies whether they are in government owned or leased space. Please join more than 500 facilities nationwide that have become participants in this Challenge. Federal facilities start participation by selecting areas to focus on, such as: waste, electronics, purchasing, energy, water, or transportation. Members challenge themselves to improve in at least two of these areas within a fiscal year. The Federal Green Challenge provides technical/networking support and recognition for exemplary performance! For more information, visit: www.epa.gov.fgc or contact David Iacono, at firstname.lastname@example.org or 215 814 3231. SPECIES CANDIDATES FOR LISTING AS E NDANGERED OR THREATENED The Fish and Wildlife Service has provided their a nnually updated list of species regarded as candidates, or that have been proposed for listing. FWS will accept information on any of the species in this Candidate Notice of Review at any time. FWS has not identified any new candidate species through thi s notice, but is changing the listing priority number for some, and is updating the list to reflect species for which FWS has published a final listing rule. DOE GRANT: ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION TECHNOLOGI ES DOE has released a funding announcement : Assisting Federal Facilities with Energy Conservation Tec hnologies
2 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ (AFFECT) 2017 will provide grants to federal agencies for projects in three topic areas: (1) Combined Heat and Power, (2) Renewable Energy and (3) Energy Efficiency Deep Retrofits. Applicants will be asked to show how the proposed project resul ts are conducive to broader adoption at other Federal facilities. The anticipated total funding level for AFFECT 2017 is $3.0 million, subject to appropriations, with anticipated funding per award to be between approximately $100,000 and $1.0 million. Let ters of intent (LOI) are due by 22 December 2016, and full applications by 30 January 2017. 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. W ATER FEDERAL WATER QUALITY CRITERIA APPL ICABLE TO WASHINGTON EPA has set new human health criteria for 144 chemicals for waters under the State of Washington's jurisdict ion. The values have been changed to more accurately reflect the typical amount of fish consumed by residents, including tribes with treaty reserved rights for subsistence fishing. EPA had previously based these water quality criteria on an assumed fis h consumption rate of 6.5 grams per day (g/ day) based on national surveys. The revised water quality criteria are based on a fish consumption rate of 175 g/day. NPDES MUNICIPAL SEPARATE STORM SEWER SYSTEM GENERAL PERMI T REMAND RULE EPA has revised the regulations addressing small municipal separate storm sewer system (MS4) permits, to respond to a remand from the United States Court of Appeals for the Ninth Circuit in "Environmental Defense Center, et al. v. EPA," 344 F.3d 832 (9th Cir. 2003). Effective 9 January 2017. In that decision, the court determined that the regulations for providing coverage under small MS4 general permits did not provide for adequate public notice and opportunity to request a hearing. Additionally, the court found that EPA failed to require permitting authority review of the best management practices (BMPs) to be used at a particular MS4 to ensure that the small MS4 permittee reduces polluta nts in the discharge from their systems to the "maximum extent practicable" (MEP), the standard established by the Clean Water Act (CWA) for such permits. The final rule establishes two alternative approaches a permitting authority can use to issue Natio nal Pollutant Discharge Elimination (NPDES) general permits for small MS4s and meet the requirements of the court remand. The first option is to establish all necessary permit terms and conditions to require the MS4 operator to reduce the discharge of pollutants from its MS4 to the MEP, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act ("MS4 permit standard") upfront in one comprehensive permit. The second option allows the permitting authorit y to establish the necessary permit terms and conditions in two steps: A first step to issue a base general permit that contains terms and
3 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ conditions applicable to all small MS4s covered by the permit and a second step to establish necessary permit terms a nd conditions for individual MS4s that are not in the base general permit. HAZARDOUS WASTE HAZARDOUS WASTE G ENERATOR IMPROVEM E N TS RULE EPA has formally issued the RCRA Hazardous Waste Generator Improvements final rule Changes made by the rule include: The term very small quantity generators (VSQGs) has replaced the term conditionally exempt small quantity generators (CESQGs); a "very small quantity generator" (VSQG) may send its hazardous waste to an offsite l arge quantity generator under control of the same person; (this shipment does not require a manifest); The LQG must notify EPA prior to the first shipment, must keep records, and include these wastes in their biennial report; the rule will allow a hazar dous waste generator to avoid increased burden of bumping up to a higher generator status when generating episodic waste, provided the episodic waste is properly managed and notice provided to EPA, S pecific records required to support a generators hazardous waste determinations have been identified in a new Section 262.11(f). (Although EPA recommends it as a best management practice, generators are not required to retain documentation of their nonhazardous waste determinations.) added incompatibility requirements for satellite accumulation containers (265.177), and emergency/contingency plan requirements; l abeling of satellite accumulation containers and 90/180/270 day accumulation containers and tanks must include an indication of the associated ha zards (e.g., the hazardous waste characteristic(s), a DOT label or placard, an OSHA hazard statement or pictogram, or an NFPA hazard label). The generator improvements final rule is promulgated under the base (nonHazardous and Solid Waste Amendments (nonHSWA)) RCRA authority. Thus, the rule becomes effective in Alaska and Iowa on May 30, 2017, six months after the date of publication in the Federal Register. In the 48 authorized states, the new requirements do not take effect until the state adopts equ ivalent state requirements. Several of the requirements are relaxations, such as allowing VSQG to LQG transport, and states may adopt but are not compelled to adopt changes unless they are more stringent. NEPA REVISIONS TO REGULATIONS FOR EAGLE INCIDENTAL TAKE AND TAKE OF EA GLE NESTS FWS revised the regulations for eagle nonpurposeful take permits and eagle nest take permits. Revisions include changes to permit issuance criteria and duration, definitions, compen satory mitigation standards, criteria for eagle nest removal permits, permit application requirements, and fees. FWS intended the revisions to add clarity to the eagle permit regulations, improve their implementation, and increase compliance, while maintai ning strong protection for eagles. Effective 17 January 2 017. The rev isions are intended to create a p ermitting framework that can be impl ement ed more efficiently and thus enco urage greater public compliance while ensuring protecti on of bald and golden eagles. T he goal is to enhance protec tion of eagles throughout their r anges through implem entation of mit igation measures
4 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ that avoid and minimi ze, and compensate for, adverse impacts from otherwise lawful activities. The Service is mo difying the definition of the Bald and Golden Eagle Protection Acts preservation standard, which requires that permit ted take be compatible with the pres ervation of eagles. We are also r emoving the distinction between sta ndard and programmatic permits, co difying standardized mitigation requirements, and extending the ma ximum permit duration for eagle incident al take permits (50 CFR 22.26). The regulations also include a number of additio nal revisions to the eagle nest t ake regul ations at 50 CFR 22.27, as well as revis ions to the permit fee schedule a t 50 CFR 13.11; new and revised definitio ns in 50 CFR 22.3; revisions to 50 CFR 22.25 (permits for golden eagle nest ta ke for resource development and recovery operations) fo r consistency with the 22.27 nest take permits; and two pro visions that apply to all eagle permit types (50 CFR 22.4 and 22.11). T SCA REGULATION ON TRICHLOROETHYLENE EPA proposed prohibiting the manufacture, processing, and distribution in commerce of Trichloroethylene (TCE) for use in aeros ol degreasing and for use in spot cleaning in dry cleaning facilities; to prohibit commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; to require manufacturers, processors, and distributors, except for retailers o f TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping. Comments due 14 February 2017. O SHA CLARIFICATION OF EMPLOYER S CONTINUING OBLIGATION TO MAKE AND MAINTAIN AN ACCURATE RECORD OF EACH RECORDABLE INJURY AND ILLNESS OSHA is amending its recordkeeping regulations to clarify that the employ er's duty to make and maintain accurate records of work related injuries and illnesses is an ongoing obligation; the duty does not expire just because the employer fails to create the necessary records when first required to do so. The amendments add no new compliance obligations and do not require employers to make records of any injuries or illnesses for which records are not currently required to be made. REGION I CONNECTICUT Note: The Connecticut Legislature convened on 28 SEPT 2016 and adjourned on 28 SEPT 2016 No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period.
5 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ MAINE Note: The Maine Legislature convened on 3 DEC 2014 and adjourned on 29 APR 2016 PROPOSED RULES IDENTIFICATION OF HAZARDOUS WASTES The Department of Environmental Protection has proposed to amend Ch. 850 I dentification of Ha zardous Wastes, to include an exemption for solvent contaminated wipes which is found in federal regulations of hazardous waste. Comments due 23 January 2017. 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 Le gislature convened on 16 JUN 2016 and adjourned on 16 JUN 2016 FINAL RULES REGULATED TOXIC POLLUTANTS UPDATES The Department of Environmental Services has adopted amendments to Env A 1400, Regulated Toxic Air Pollutants, implements RSA 125 I, the Air Toxic Control Act (Act), by listing regulated toxic air pollutants (RTAPs), classifying them, and establishing ambient air limits (AALs). Effective 30 December 2016. The Department proposes changes to the list of RTAPs and their AALs each year to reflect updates made to the list of chemical substances by the American Conference o f Governmental Industrial Hygienists (ACGIH) and the US EPA s Integrated Risk Information System (IRIS). In this rulemaking, the ACGIH updates for both 2013 and 2014 are being incorporated. In that time frame, the ACGIH added four chemical substances and c hanged the Occupational Exposure Limit (OEL) for nine chemicals, which results in a change to the AALs. As a result of changes made in IRIS, the annual AALs for five chemical substances have changed. The Department also is proposing to make several correct ions to the table that were found during an upgrade to the Department s data base. In addition to the required updates, the Department makes changes to the list of RTAPs in order to reflect the latest scientific data, to streamline the compliance determin ation and permitting process, and to allow the Department and businesses to concentrate their efforts on those toxic chemicals that pose the greatest health risk to the public.
6 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ RHODE ISLAND Note: The Rhode Island Legislature convened on 5 JAN 2016 and adjourned on 18 JUN 2016 FINAL RULES CONTROL OF NITOGEN OXIDES EMISSIONS The Department of Environmental Management has adopted revisions to Air Pollution Control Regulation No. 27 Control of Nitrogen Oxides Emissions Effective 9 January 2017. The purpose of this regulation is to limit nitrogen oxide emissions stationary sources. The Department is proposing to revise this regulation to: Reduce the frequency of compliance testing required under the regulation from annually to once every five years Reduce the frequency of tune ups required for industrial commercial institutional boilers from annually to biennially Allow the tune up proc edure for boilers specified in federal regulations (40 CFR 63, Subpart JJJJJJ) as an acceptable substitute procedure for the procedure specified in Appendix A of the regulation Revise the method for determining compliance with the emission limits to allow compliance be demonstrated based upon the average results of three one hour test runs, rather than demonstrating compliance with each individual test run to be consistent with federal requirements Update/eliminate some outdated provisions of the regulation Add Figures 1 and 2 back into Appendix A, as they were inadvertently omitted from the regulation. CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM SURFACE COATING OPERATIONS The Department of Environmental Management has adopted revisions to Air Pollution Control Regulation No. 19 Control of Volatile Organic Compounds from Surface Coating Operations Effective 9 January 2017. The purpose of this regulation is to limit emissions of volatile organic compounds from surface coating operations. The emission limits in this regulation and Air Pollution Control Regulation No. 44 Control of Volatile Organic Compounds from Adhesives and Sealants can apply to the same processes. Regulatory language is being added to clarify that the emission limitations in this regulation do not apply if you are subject to the requirements in APC Regulation No. 44. Additionally, the registration requirements in this regulation are being revised to be consistent with the requirements in the Department s Air Pollution Control Regulation No. 14 Record Keeping and Reporting. Effective 9 January 2017. SULFUR CONTENT OF FUELS The Department of Environmental Management has adopted revisions to Air Pollution Control Regulation No. 8 Sulfur Content of Fuels Effective 9 January 2017. The purpose of this regulation is to limit the sulfur conte nt of fuels. The amendment will correct a mistake that was made when this regulation was revised in 2014. This regulation was revised in 2014 to lower the allowable sulfur content of fuels. Prior to that revision, the allowable sulfur content of alternativ e fuels was the same as that for residual fuel oils. In the 2014 revision, the allowable sulfur content of alternative fuels was changed to be the same as that for distillate fuel oils. This was a mistake and evidence has been provided to the Department to show that it is impossible to achieve those limits for waste oils. The change will restore the allowable sulfur content for alternative fuels to be the same as that for residual fuel oils as it was prior to 2014. CONTROL OF EMISSIONS FROM ORGANIC SOLVENT CLEANING The Department of Environmental Management has
7 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ adopted revisions to Air Pollution Control Regulation No. 36 Control of Emissions from Organic Solvent Cleaning Effective 9 January 2017. The purpose of this regulation is to limit emissions of volatile organic compounds from cleaning operations. The Department is proposing to revise this regulation to: Provide an exemption from certain requirements for small cold cleaners (internal volume less than 1 liter) Provide an alternative means of compliance for spray gun cle aning operations Clarify the performance standard when an air pollution control system is used as an alternative to low vapor pressure solvents, and Revise recordkeeping requirements to allow users of certain machines additional time to compile month ly records to be consistent with the requirements we impose in other regulations and permits. The proposed changes do not impose any new requirements for the entities covered by this regulation. RHODE ISLAND AIR POLLUTION CONTROL GENERAL DEFINITIONS REGULATION The Department of Environmental Management has adopted revisions to Rhode Island Air Pollution Control General Definitions Regulation. Effective 9 January 2017. The purpose of this regulation is to provide a consistent set of definitions and abbreviations for terms used in more than one of the Rhode Island Air Pollution Control Regulations. The Department is proposing to revise this regulation to amend the definition of volatile organic compound to be consistent with t he current, federal definition. The proposed change does not impose any new requirements for the entities covered by the air pollution control regulations. 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 identified during this reporting period. 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.
8 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ NEW YORK Note: The New York State Legislature convened 7 JAN 15 and adjourns 4 JAN 17. No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. REGION III DISTRICT OF COLUMBIA Note: The Council of the District of Columbia convened 3 JAN 15 and adjourns 31 DEC 16. FINAL RULES MOTOR VEHICLE AND MOBILE EQUIPMENT NON ASSEMBLY LINE COATING OPERATIONS REGULATIONS The Department of Energy and Environment has adopted amendments to Chapter 7 (Air Quality Volatile Organic Compounds and Hazardous Air Pollutants) of Title 20 (Environment) of the District of Columbia Municipal Regulat ions (DCMR). Effective 9 December 2016. This rulemaking establishes higher emission standards for automobile paint spray booth operations. Specifically, the rulemaking sets automotive coating and cleaning solvent volatile organic compound (VOC) limits, mandates the use of certain automotive coating application methods, prescribes work practices and other requirements to reduce emissions, includes stack requirements for new and existing automobile paint spray booths, requires manufacturers and repackagers t o include certain information on product data sheets and containers of automotive coating and cleaning solvents, prescribes recordkeeping requirements for those who use particular automotive coating and cleaning solvents and related emission control system s, and details the test methods to determine compliance with various limits and standards. This emergency rulemaking also amends and adds applicable definitions and revises cross references to this section. 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.
9 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ MARYLAND Note: The Maryland General Assembly convened on 1 3 JAN 1 6 and adjourned on 1 1 APR 1 6 OTHER REGULATORY ACTIVITY NOTICE OF TENT ATIVE DETERMINATION AND PUBLIC HEARING GENERAL PERMIT FOR DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS The Department of the Environment has issued a notice of a tentative determination to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Disch arges from State and Federal Small Municipal Separate Storm Sewer Systems (General Discharge Permit No. 13IM 5500, General NPDES No. MDR055500). MDE has drafted a general permit designed to comply with United States Environmental Protection Agencys (EPA) regulations and to control stormwater pollutant discharges from small municipal separate storm sewer systems. The permit is issued for five years. Comments due 30 March 2017. NOTICE OF TENTATIVE DETERMINATION TO ISSUE A GENERAL PERMIT FOR DISCHARGES FROM STATE AND FEDERAL SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS The Department of the Environment has issued a notice of a tentative determination to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from State and Federal Small Municipal Separate Storm Sewer Systems (General Discharge Per mit No. 13 SF 5501, General NPDES No. MDR055501). MDE has drafted a general permit designed to comply with United States Environmental Protection Agencys (EPA) regulations and to control stormwater pollutant discharges from small municipal separate storm sewer systems. The permit is issued for five years. Comments due 30 M arch 2017. PENNSYLVANIA Note: The Pennsylvania General Assembly convened on 6 JAN 2015 and adjourns on 30 NOV 2016 No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. VIRGINIA Note: The Virginia General Assembly will convene on 1 1 JAN 2017 and adjourn on 25 FEB 2017 No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period.
10 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ WEST VIRGINIA Note: The West Virginia Legislature convened on 18 SEPT 2016 and adjourned on 20 SEPT 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 23 MAR 2016 and adjourned on 23 MAR 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 11 JAN 2017 No new environmental legislation or regulation of significant importance to DoD was identified during this reporting period. INDIANA Note: The Indiana General Assembly convened on 11 JAN 2016 and adjourned on 10 MAR 2016. PROPOSED RULES HERBICIDES The Pesticide Review Board has proposed rulemaking to amend 357 IAC 1 17 to expand the list of state
11 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ restricted use pesticide products to include certain herbicides containing the active ingredient dicamba. 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 Note: The Ohio General Assembly convened on 5 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. 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.
12 | Page REC Review January 2017 Navy Regional Environmental Coordination Office http://denix.osd.mil/rec/ MEET THE REC STAFF RADM J. C. Scorby, Jr. DoD Regional Environmental Coordinator (757) 322 2800, DSN 262 2800 Director, Regional Environmental Coordination (REC) Office (757) 341 0363 REC Counsel (757) 322 2938 DSN 262 2938 or Deputy (757) 322 2812 Cultural Resources (757) 341 0 925 Potable Water, Stormwater, Groundwater, Wastewater (757) 341 0422 Air Quality, Asbestos, Radon (757) 341 0387 P2, EPCRA, RCRA HW/SW (757) 341 0408 Navy On Scene Coordinator Representative (757) 341 0449 POL/Tanks (757) 341 0453 Regional NEPA, Natural Resources (757) 341 0493 Land Use, Encroachment (757) 341 0264 Environmental Restoration (757) 341 0394 REC Support (757) 341 0430 REC Outreach (757) 341 0395 DoD Chesapeake Bay Coordinators (757) 341 0383 (757) 341 0424 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_EVdodrecregion3@navy.mil Thanks.