Citation
Rec Update

Material Information

Title:
Rec Update
Creator:
United States. Department of Defense. Environment, Safety and Occupational Health Network and Information Exchange. Regional Environment Coordinators.
Place of Publication:
Norfolk, VA
Publisher:
Navy Regional Environmental Coordination Office
Publication Date:
Language:
English
Physical Description:
1 online resource

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Subjects / Keywords:
United States. Department of Defense. Environment, Safety and Occupational Health Network and Information Exchange. Regional Environment Coordinators. ( naf )
Genre:
periodicals ( fast )
serial ( sobekcm )

Notes

General Note:
"Monthly environmental news for DoD facilities in EPA Regions 1, 2 & 3", later "Environmental News for DoD Facilities in Federal Regions 1-5".
General Note:
Description based on: Jan 2011; title from PDF caption, viewed August 6, 2018.
General Note:
Latest issue consulted: February 2016, viewed August 6, 2018.

Record Information

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:
1047730426 ( OCLC )

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Digital Military Collection

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REC Update MAR 2011 1 GENERAL INTEREST 2 FEDERAL NEWS 6 HAZARDOUS WASTE 6 AIR 9 WATER 10 EN ERGY 10 REGION 1 11 CONNECTICUT 11 MASSACHUSETTS 13 MAINE 14 NEW HAMPSHIRE 16 RHODE ISLAND 18 VERMONT 19 REGION 2 19 NEW JERSEY 19 NEW YORK 22 REGION 3 24 DISTRICT OF COLUMBIA 24 DELAWARE 24 MARYLAND 25 NORTH CAROLINA 26 PENNSYLVANIA 26 VIRGINIA 27 WEST VIRGINIA 29 PROFESSIONAL DEVELOP MENT 30 CONFERENCES 30 TRAINING 33 MEET THE REC 36 STAFF 36 LINK HELP 37 SUBSCRIBE! 37 Monthly environmental news for DoD facilities in EPA Reg ions 1, 2 & 3

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REC Update MAR 2011 2 GENERAL INTEREST National Federal Facilit ies Compliance and Enforcement FY2011 Program Agenda The Federal Facilities Program strives to achieve the Strategic Goal of Improving Compliance by ensuring federal agencies comply with environmental laws. The federal sector is one of the largest and most diverse overseen by EPA. EPA focuses on ensuring long term environmental compliance, and will work with Federal agencies in both the enforcement and compliance assistance capacities to accomplish this goal. Timely and appropriate enforcement actions wi ll be emphasized in Integrated Strategy areas particularly in those areas where compliance assistance and inspection activities were emphasized in prior years. The National Federal Facilities Program seeks to maximize achievement of environmental benefits by focusing this years activities on: INTEGRATED STRATEGIES : Aligning our various Compliance Assistance, Compliance Incentives, and Monitoring & Enforcement tools to assure Federal Facilities compliance : With NPDES stormwater requirements (FY06 FY11 ) At Federal Underground Storage Tanks (FY07FY11) DOJ Federal Bureau of Prisons (FY 09 FY 11) FFEO and the Regions will continue to pursue OECAs Indian Country National priority with emphasis on BIA Schools by providing comprehensive enforcement follow up on prior BIA inspections. In FY 2011, FFEO and the regions will continue to (1) research RCRA surface impoundments, RCRA corrective action sites and RCRA non TSD facilities, Note: Status of RCRA Pilot currently under discussion and subject to change. (2) complete ongoing research of compliance/enforcement activities at Formerly Used Defense Sites (FUDS), (3) consider strategies to reduce contamination and increase cleanup at federal abandoned mine sites, (4) focus our efforts to secure penalt y authority against federal facilities through TSCA reauthorization and other pending legislation and (5) research federal facilities impacting vulnerable populations. Inspections in these areas are eligible for credit toward annual commitments. ENFORCEM ENT : through committed Monitoring and Enforcement the National Federal Facilities Program will seek an increase in complying actions, pollutant reduction or treatment, and improved environmental management practices by : Following up with timely and appr opriate enforcement actions, for each Federal facility including those inspected pursuant to an Integrated Strategy area. To support the Administrations goal of taking action on climate change, EPA will seek to reduce greenhouse gas emissions from federal facilities in enforcement action settlements and SEPs. MONITORING : By monitoring compliance, EPA seeks to ensure that Federal Facilities operate in accordance with environmental laws, especially in Integrated Strategy areas. Under the NPMG ACS proce ss (FEDFAC 05): Each Region must conduct ten (10) federal facility inspections to support the Integrated Strategy areas, which include stormwater, federal underground storage tanks (UST), federal prisons, RCRA (nonTSDFs, surface impoundments, and correcti ve action) and federal facilities in environmental justice/vulnerable population areas. These inspections can be achieved by any combination of single media or multimedia inspections. While multimedia inspections are no longer required as an ACS commitment FFEO still strongly supports them, and encourages Regions to conduct them, especially if multimedia inspections at the facility involve two or more Integrated Strategies for ACS credit. For any multimedia inspection conducted, it shall count as two (2) i nspections toward the ACS commitment provided that two (2) of the media support the Integrated Strategy areas. A maximum of three (3) UST inspections and a maximum of four (4) facilities in

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REC Update MAR 2011 3 environmental justice/vulnerable populations may be counted towards this goal. These ten (10) inspections may also simultaneously satisfy inspection commitments required in the National Enforcement Initiative or other core program areas. These activities, along with the activities identified in the OECA National Program Manager Guidance under specific Federal Facility Enforcement Program performance expectations, are anticipated to serve as a baseline of priority activity from a national program perspective, in addition to which Regions may pursue their own priorities COMPLIANCE ASSISTANCE : Through Compliance Assistance, EPA will seek an increase in the percent of regulated federal entities that improved their understanding of environmental requirements; an increase in the number of regulated federal entities that impro ve environmental management practices; and an increase in the percent of regulated federal entities that reduce, treat, or eliminate pollution by: Maximizing use of FedCenter the Federal facility environmental stewardship and compliance assistance cent er, to deliver compliance assistance tools and training opportunities developed by Federal agencies as well as EPA regions and HQ. Supporting continual improvements in Federal Environmental Management System (EMS) implementation, in particular by includ ing EMS improvements in enforcement action settlements and related SEPs, and providing EMS related compliance assistance in conjunction with inspections. Regions are encouraged to consider climate change mitigation and adaptation work in their CA activi ties particularly in vulnerable communities. CLEANUP/LAND RESTORATION : The National Federal Facilities Program also strives to achieve EPAs Strategic Goal of Restoring Land by overseeing federal agencies cleanup of contaminated property. We will measur e the volume of contaminated media addressed by our actions and focus this year on: Taking timely and appropriate enforcement actions to address non compliance with cleanup responsibilities. Cleanup at hazardous sites: Regions and FFEO are expected t o work to ensure timely completion of CERCLA Federal Facility Agreements (FFAs). Corrective Action at federal facilities is integrated into the proposed National Enforcement Strategy for Corrective Action (NESCA). Participate in NESCA and focus on feder al facilities aspects of the initiative. Ensure development of proper written documents to support oversight and future enforcement actions where needed. Partnering with program offices to ensure that munitions and other priority contaminants are addressed in cleanups, initially focusing on sites where cleanup construction should be completed by FY 2013. Assuring proper and enforceable safeguards are in place by reviewing cleanup decision documents, with a particular emphasis on long term stewardsh ip. DATA QUALITY AND REPORTING : Capturing the environmental results of our activities in the federal facilities sector is critical to demonstrate the impact of our work. We will measure our progress on EPAs Strategic Goals by ensuring that the environme ntal results articulated above are captured for each and every federal facility activity through completion of the relevant data sheets and entry of the data in the appropriate data system. Department of Energy Announces Fleet Technical Assistance Websit e for Federal Agencies The Department of Energy (DOE) announced its initiative to provide technical assistance to Federal Agencies to help reduce petroleum consumption. Leading by example, President Obama signed Executive Order 13514 on 5 OT 09, to set sustainability goals for federal agencies and focus on improving environmental, energy, and economic performance. Among a number of targets, the Executive Order requires federal agencies to reduce fleet petroleum consumption 30 % by 2020. As the nation's l argest energy consumer, the federal government has a

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REC Update MAR 2011 4 tremendous opportunity and clear responsibility to achieve substantial energy savings and avoid costs through improved efficiency. DOE will provide technical assistance to federal agencies to provide t he analysis needed to efficiently meet their vehicle fleet mandates to reduce petroleum use and increase the use of alternative fuels. The federal government currently operates more than 600,000 vehicles, and the Federal Energy Management Program's (FEMP) technical assistance call will provide a vital service to ensure that federal agencies invest their appropriated funds efficiently by using DOE expertise to support fleet analysis. A variety of areas will be considered for these technical projects inclu ding inventory analysis, optimum acquisition plans, alternative fuel use plans, right sizing, and driver behavior change. Funding will be provided to DOE National Laboratories to provide technical expertise. Agencies applying for technical assistance unde r this call must demonstrate a commitment to follow through with project implementation, illustrate that the success of their project is significant to their agency, and provide a list of project team members committed to making the project a success. Re quests for technical assistance will be reviewed and selected based on compatibility with available expertise, availability of resources to meet agency needs, and value of anticipated project outcomes. The following criteria will be used to evaluate appli cations: Financial and Technical Merit Agency Support and Project Implementation Plan Replication Potential Project Description FEMP will monitor each agency's progress in implementing the projects that receive technical assistance and analyze actual r eductions in petroleum and increase in alternative fuel use as a result of DOE's technical assistance. For additional information, visit http://www1.eere.energy.gov/femp/index.html Radiation Monitors Confirm that No Radiation Levels of Concern Have Reached the United States The United States Government has an extensive network of radiation monitors around the country and no radiation levels of concern have been detected. The EPA RadNet system is designed to protect the public by notifying scientists, in near real time, of elevated levels of radiation so they can determine whether protective action is required. The RadNet system has not detected any radiation levels of concern. In addition to the RadNet system, the U.S. Department of Energy (DOE) has radiation monitoring equipment at research facilities around the country and that equipment has not detected any radiation levels of concern. As part of the Comprehensive Nuclear Test Ban Trea ty Organization s International Monitoring System (IMS), the DOE also maintains the capability to detect tiny quantities of radioisotopes that might indicate an underground nuclear test on the other side of the world. These detectors are extremely sensiti ve and can detect minute amounts of radioactive materials. On 18 MAR 11, one of the monitoring stations in Sacramento, California that feeds into the IMS detected miniscule quantities of iodine isotopes and other radioactive particles that pose no health concern at the detected levels. Collectively, these levels amount to a level of approximately 0.0002 disintegrations per second per cubic meter of air (0.2 mBq/m3). Specifically, the level of Iodine 131 was 0.165 mBq/m3, the level of Iodine 132 was measu red at 0.03 mBq/m3, the level of Tellurium 132 was measured at 0.04 mBq/m3, and the level of Cesium 137 was measured at 0.002 mBq/m3. Similarly, between 16 MAR 11 and 17 MAR 11, a detector at DOE s Pacific Northwest National Laboratory in Washington State detected trace amounts of Xenon133, which is a radioactive noble gas produced during nuclear fission that poses no concern at the

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REC Update MAR 2011 5 detected level. The levels detected were approximately 0.1 disintegrations per second per cubic meter of air (100 mBq/m3), The doses received by people per day from natural sources of radiation such as rocks, bricks, the sun and other background sources are 100,000 times the dose rates from the particles and gas detected in California or Washington State. Following the explosion of the Chernobyl plant in Ukraine in 1986 the worst nuclear accident in world history air monitoring in the United States also picked up trace amounts of radioactive particles, less than one thousandth of the estimated annual dose from natura l sources for a typical person. As part of the federal government s continuing effort to make its activities and science transparent and available to the public, the EPA will continue to make all RadNet data available in the current online database. Please see www.epa.gov/radiation for more information.

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REC Update MAR 2011 6 FEDERAL NEWS Notice: With regard to any regulation or legislation, installation staff is requested to contact their respective component REC with informati on on mission or installation impacts, questions or comments. HAZARDOUS WASTE EPA Requests Extension on Clean Water Act Permit Requirement for Pesticide Discharges On 3 MAR 11, EPA requested an extension to allow more time for pesticide operators to obta in permits for pesticide discharges into U.S. waters. EPA requested that the deadline be extended from 9 APR 11 to 31 OCT 11. During the period while the court is considering the extension request, permits for pesticide applications will not be required under the Clean Water Act. EPA is developing a pesticide general permit in response to the 6th Circuit Court s 2009 decision which found that discharges from pesticides into U.S. waters were pollutants and, therefore, will require a permit under the Clean Water Act as of 9 APR 11. The final permit will reduce discharges of pesticides to aquatic ecosystems, thus helping to protect the nations waters and public health. The extension request will allow sufficient time for EPA to engage in Endangered Specie s Act consultation and complete the development of an electronic database to streamline requests for coverage under the Pesticides General Permit. It will also allow time for authorized states to finish developing their state permits and for permitting au thorities to provide additional outreach to stakeholders on pesticide permit requirements. EPAs general permit will be available to cover pesticide discharges to waters of the U.S. in MA, NH, NM, ID, OK, AK, DC, most U.S. territories and Indian country l ands, and many federal facilities. Proposed EPA Pesticide General Permit for Discharges from the Application of Pesticides On 2 JUN 10, EPA announced the public availability of a draft National Pollutant Discharge Elimination System (NPDES) permit for poi nt source discharges from the application of pesticides to waters of the United States. This permit is also known as the Pesticides General Permit (PGP). The PGP was developed in response to a decision by the Sixth Circuit Court of Appeals ( National Cott on Council, et al. v. EPA). The court vacated EPA's 2006 rule that said NPDES permits were not required for applications of pesticides to U.S. waters. As a result of the Court's decision, discharges to waters of the U.S. from the application of pesticides will require NPDES permits when the court's mandate takes effect on 9 APR 11. Any use patterns not covered by this proposed draft permit would need to obtain coverage under an i ndividual permit or alternative general permit if they involve pesticide application that result in point source discharges to waters of the United States. This general permit will provide coverage for discharges where EPA is the NPDES permitting authorit y. For discharges in NPDES authorized states, state NPDES authorities will be issuing their permit. EPA estimates that the Sixth Circuit's ruling will affect approximately 365,000 pesticide applicators nationwide that perform 5.6 million pesticide applic ations annually. The PGP regulates discharges to waters of the U.S. from the application of (1) biological pesticides, and (2) chemical pesticides that leave a residue. The following pesticide use patterns are covered under the PGP: mosquito and other fl ying insect pest control, aquatic weed and algae control, aquatic nuisance animal control, and forest canopy pest control. The PGP does not authorize coverage for (1) discharges of pesticides or their degradates to waters already impaired by these specifi c pesticides or degradates or (2) discharges to outstanding national resource waters (also known as Tier 3 waters). These discharges will require coverage under individual

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REC Update MAR 2011 7 NPDES permits. Also outside the scope of this permit are terrestrial applications to control pests on agricultural crops or forest floors. The following documents include the Pesticide General Permit, the Pesticide General Permit Fact Sheet, Federal Register Notice and other information: Proposed Pesticide General Permit (PDF) (58 pp, 590K) Proposed Pesticide General Permit Fact Sheet (PDF) (116 pp, 1.2MB) Federal Register Notice (PDF) (52 pp, 225K) Questions and Answers on the Proposed Pesticide General Permit (PDF) (8 pp, 92K) Regulations.gov Docket (The Docket number for this proposed permit is EPA HQ OW 2010 0257.) Public Meetings, Webcast, and Hearing on the Proposed PGP (PDF) (2 pp, 43K) o Albuquerque, New Mexico: 14 JUN 10 o Boise, Idaho: 16 JUN 10 o Boston, Massachusetts: 21 JUN 10 o Washington, DC: 23 JUN 10 o Archived Webcast on Draft PGP: Held June 24, 2010 o National Tribal Consultation Teleconference on PGP, September 29, 2010 (PDF) (37 pp, 1.7MB) Schedule EPA accepted public comments on its draft pesticides general p ermit for 45 days (through 19 JUL 10). EPA received approximately 750 sets of comments, copies of which can be viewed or downloaded at: www.regulations.gov and by then entering the PGP Docke t number: EPA HQ OW 2010 0257. EPA originally intended to issue a final general permit by December 2010. Once finalized, the PGP will be implemented in six states and in the territories, Indian Country lands and federal facilities where EPA is the NPDES permitting authority (PDF) (4 pp, 45K). In the other 44 states, the state NPDES authorities will issue the permits. EPA has been working closely with these states to concurrently dev elop their permits. Background information on EPA's aquatic pesticides rule and litigation on the rule PHMSA Prohibits Texting While Driving The Pipeline and Hazardous Material s Safety Administration (PHMSA) is prohibiting texting on electronic devices by drivers while operating a motor vehicle containing a quantity of hazardous materials requiring placarding or any quantity of a select agent or toxin listed in the Department of Health and Human Services ``Select Agents and Toxins'' regulations. Additionally, in accordance with requirements adopted on 27 SEP 10 by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing dr ivers of covered motor vehicles to engage in texting while driving. This rulemaking improves the health and safety on the Nation's highways by reducing the prevalence of distracted drivingrelated crashes, fatalities, and injuries involving drivers of com mercial motor vehicles. This final rule is effective 30 MAR 11. For more information, go to http://www.gpo.gov/fdsys/pkg/FR 2011 02 28/html/20114273.htm

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REC Update MAR 2011 8 Pesticide Genera l Permit Fact Sheet

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REC Update MAR 2011 9 AIR EPA Approves New Coolant for Car Air Conditioning Systems; Better Climate Protection without Harming the Ozone Layer The EPA has issued final approval for a new refrigerant for use in motor vehicle air conditioning systems that does not deplete the ozone layer, protecting the environment and people s health. The new chemical, HFO 1234yf, may now be used in air conditioning for new cars and light trucks. When used appropriately, this chemical can reduce the environmental impact of motor vehicle air conditioners. HFO 1234yf has a global warming potential that is 99.7 percent lower than the current chemical used in most car air conditioners (HFC 134a). Prior to HFC 134a, car air conditioners generally used CFC 12, a potent greenhouse gas and ozone depleting substance. Depletion of the stratospheric ozone layer leads to higher levels of ultraviolet (UV) radiation reaching the Earth's surface. UV radiation has several harmful effects, including skin cancer, cataracts, immune syst em suppression, and premature aging and wrinkling of the skin. More information can be found at: http://www.epa.gov/ozone/snap/ and http://www.epa.gov/s unwise/uvindex.html EPA Proposes First National Standard for Mercury Pollution from Power Plants The EPA proposed the first ever national standards for mercury, arsenic and other toxic air pollution from power plants on 16 MAR 11 in response to a court deadline. The new power plant mercury and air toxics standards would require many power plants to install widely available, proven pollution control technologies to cut harmful emissions of mercury, arsenic, chromium, nickel and acid gases. Toxic air pollutants like mercury from coal and oil fired power plants have been shown to cause neurological damage, including lower IQ, in children exposed in the womb and during early development. The standards also address emissions of other toxic metals linked w ith cancer such as arsenic, chromium and nickel. Mercury and many of the other toxic pollutants can damage the environment and pollute lakes, streams, and fish. Also, cutting these toxic pollutants helps to reduce fine particle pollution. Power plants are the largest source of several toxic air pollutants responsible for half of mercury and more than half of acid gas emissions in the US. Coal fired power plants are responsible for 99 percent of mercury emissions. Currently, more than half of all coal fired power plants already deploy pollution control technologies that allow them to meet these standards. Once these standards are finalized, the remaining coal fired plants, roughly 44 percent, will have to take similar steps to reduce these pollutants The proposed rules provides up to 4 years for facilities to meet the standards and, once fully implemented, will prevent 91 percent of mercury in coal from being released into the air. In October 2009, EPA entered into a consent decree that required a proposal to be signed by 16 MAR 11 and a final rule to be completed by November 2011. A public comment period, which will last 60 days after appearing in the Federal Register, will allow stakeholders including the public, industry and public health com munities, to provide important input and feedback, ensuring that any final standard maximizes public health benefits while minimizing costs. As part of the public comment process, EPA will also hold public hearings on this proposed rule. Additional detail s on these events will be announced at a future date. For more information, go to: http://www.epa.gov/airquality/powerplanttoxics/

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REC Update MAR 2011 10 Extension of Reporting Deadline for 2010 GHG Emissions O n 1 MAR 11, EPA announced that its Greenhouse Gas (GHG) Reporting Program has recently completed extensive work to develop GHG data reporting requirements for a wide range of different industries in response to Congressional mandates. This program will pr ovide Congress, stakeholder groups and the public with information about these emissions while helping businesses identify cost effective ways to reduce emissions in the future. To ensure that the requirements are practical and understandable to the thous ands of companies already registered to report under the program, the agency is in the process of finalizing a user friendly online electronic reporting platform. Following conversations with industry and other parties, and in the interest of providing high quality data to the public this year, EPA is extending this years reporting deadline originally 31 MAR 11 for facilities required to report GHG per the GHG Mandatory Reporting Rule (MRR). EPA plans to have the final uploading tool available this summer, with the data scheduled to be published later this year. This extension will allow EPA to further test the system that facilities will use to submit data and give industry the opportunity to test the tool, provide feedback, and have sufficient tim e to become familiar with the tool prior to reporting. The agency will provide more detail on these intended changes in the coming weeks and will ensure that this reporting extension is in effect before the original reporting deadline of 31 MAR 11. More information on the GHG Reporting Program can be found at: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html WATER Water Contaminant Information Tool (WCIT) The Water Contaminant Information Tool (WCIT) is a secure, online database profiling chemical, biological, and radiological contaminants of concern for drinking water and wastewater utilities. WCIT enables water utilities, public health officials and federal state and local agencies to better plan for and respond to an "all hazards" contamination incident. More information can be found at: http://www.fedcenter.gov/_kd/go.c fm?destination=ShowItem&item_id=17180 ENERGY GSA Bulletin on Energy Efficient Commercial Buildings Tax Deduction GSA has issued a bulletin addressing tax deduction procedures for federal agencies incurring expenses for energy efficient building investm ents made in government owned buildings. In government owned buildings, the government may allocate this tax deduction to the person or persons primarily responsible for designing the qualified improvements and this can provide significant incentive for c ontractors to meet or exceed energy reduction requirements. In the event that a contractor requests allocation of the tax deduction from an agency, the agency can use the GSA Policy on Energy Efficient Commercial Buildings Tax Deduction as an information resource for allocating the deduction. GSA's Policy on Energy Efficient Commercial Buildings Tax Deduction, GSA Bulletin OFHPGB 2011OGP 1 is available at http://www.gsa.gov/portal/content/221677 Additional information on IRS guidance, Deduction for Energy Efficient Commercial Buildings, is available at http://www.irs.gov/irb/2008 14_IRB/ar12.html

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REC Update MAR 2011 11 REGION 1 CONNECTICUT Note: The Connecticut General Assembly convened 5 JAN 11 and adjourns 8 JUN 11. Legislative Proposed CT H 6400 INTRODUCER: Joint Committee on Commerce TITLE: Department of Environmental Protections Stormwater INTRODUCED: 02/16/2011 LAST AMEND: 03/24/2011 DISPOSITION: Pending LOCATION: HOUSE SUMMARY: Streamlines the Department of Environmental Protection's stormwater general permitting process; streamlines the state's stormwater gene ral permitting process. STATUS: 03/24/2011 Committee Substitute reported out of Legislative Commissioner's Office. 03/24/2011 Reissued by Legislative Commissioner's Office with File No. 196 03/24/2011 HOUSE Calendar No. 132. Outlook: NEW==: The bill was Tabled by the House on 3/24/2011. It will be taken back up for action on the second legislative day. ==NEW Bill Text: http://www.cga.ct.gov/2011/TOB/H/2011HB 06400 R00 HB.htm Regulation Adopted CT 4659 2010 AGENCY: Department of Environmental Pro tection TITLE: State Implementation Plan for Air Quality PROPOSED: 09/14/2010 ADOPTED: 03/01/2011 SUMMARY: Concerns greenhouse gas emissions in its new source review prevention

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REC Update MAR 2011 12 of significant deterioration. AGENCY CONTACT: Merrily A Gere, Department o f Environmental Protection, Bureau of Air Management, Engineering and Enforcement, 79 Elm St, Hartford, CT 06106 5127, fax 860 424 4064, merrily.gere@ct.gov CITATION: RCSA 22a 174 1, 3a, 33 STATUS: 03/01/2011 Rule Adoption Effective Date: 01/28/2011 Vo l. LXXII, No. 35, Connecticut Law Journal 03/01/2011 pp. 1C 16C PRIVATE FILE: Master Rule Development: NEW==: Effective January 2, 2011, Connecticut permit applicants and DEP will be required to address greenhouse gas (GHG) emissions in permits issued under either the new source review (NSR) prevention of significant deterioration (PSD) or Title V program. The Connecticut regulations are expected to take effect in early 2011. The Connecticut SIP revision incorporating these regulatory revisions is due to EPA on 03/01/2011, the deadline requested in the CT DEP 09/29/2010 letter to the EPA. Once the EPA approves the Connecticut SIP, the DEP will be able to issue permits for greenhouse gas emissions. ==NEW LINKS: GHG Information Page: http://www.ct.gov/dep/cwp/view.asp?a=2684&q=466198& ; depNav_GID=1997 Notice of Proposed Rulemaking: http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=465750 Proposed Rule: http://www.ct.gov/dep/lib/dep/air/permits/regulatory_revisions_for_notice _august_31.pdf RULE HISTORY: Proposed Rule: 9/14/2010; Public Hearing: 10/18/2010; Comment Deadline: 10/18/2010; Revised Proposed Rule: 12/09/2010; Effective: 01/02/2011 Rule Summary: The proposed revisions grant DEP the authority to regulate greenhouse gas (GHG) emissions in its new source review (NSR) prevention of significant deterioration (PSD) and Title V perm itting programs as required by the U.S. Environmental Protection Agency (EPA) in Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule (75 FR 31514; June 3, 2010). The specific sections of the Regulations of Connecticut State Ag encies revised are as follows: 22a 174 1, adding definitions for "carbon dioxide equivalent emissions" and "greenhouse gases;" 22a 174 33(a)(7), adding "greenhouse gases" to the definition of "regulated air pollutant" under the Title V permitting program; 22a 174 33(a)(10), adding GHG emissions thresholds to the definition of "Title V source;" 22a 174 33(d)(1) and (2), allowing sources to avoid Title V

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REC Update MAR 2011 13 permitting by limiting GHG emissions; 22a174 3a(a)(1), requiring sources of GHG emissions to ob tain a permit to construct and operate; 22a 174 3a(d)(3), requiring sources to install Best Available Control Technology (BACT) for GHG emissions; 22a 174 3a(j)(1), adding GHG emissions thresholds to BACT applicability; 22a174 3a(k)(1) and (2), addi ng GHG emissions thresholds to PSD applicability. Subject: SIP_FIP, Title_V US ACOE to Issue Programmatic General Permit in Connecticut The New England District of the U.S. Army Corps of Engineers (ACOE) has published a public notice for its intent to issue a Programmatic General Permit (PGP) for activities in waters of the United States that have minimal individual and cumulative impacts on the aquatic environment within the State of Connecticut and lands located within the exterior boundaries of an Indian reservation. This PGP is separated into two sections, one for activities occurring within Inland Waters and Wetlands and one for activities occurring within Tidal, Coastal and Navigable Waters. In order for activities to qualify for this PGP, they must meet the PGPs terms and eligibility criteria, stipulations listed in the Definition of Categories (Appendices 1 and 2) as well as the PGPs general conditions. The Public Notice for the project was issued on 25 JAN 11. To view details on the inform ational session and the ACOE Public Notice, please visit http://www.ct.gov/dep/cwp/view.asp?a=2705&Q=473976&depNav_GID=1635 MASSACHUSETTS Note: The Massachusetts General Court meets throughout the year. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulatory Adopted MA 9781 2010 AGENCY: Executive Office of Energy and Environment al Affairs/Department of Environmental Protection TITLE: Low Emission Vehicle Program PROPOSED: 01/07/2011 ADOPTED: 03/18/2011 SUMMARY: Amends rules regarding the greenhouse gas (GHG) emission standards for model year (MY) 2009 2011 and MY 2012 2016 ne w passenger vehicles. AGENCY CONTACT: Donald M. Gomes, MassDEP, One Winter St, Boston, MA 02108, 617 556

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REC Update MAR 2011 14 1057 CITATION: 310 CMR 7.00 STATUS: 03/18/2011 Rule Adoption Effective Date: 03/18/2011 Issue 1178, Massachusetts Register 03/18/2011 Rule Develo pment: NEW==: The rule was adopted on 3/18/2011. ==NEW LINKS: Rulemaking Page: http://www.mass.gov/dep/public/publiche.htm#lev10 Public Hearing Notice: http://www.mass.gov/dep/public/hearings/lev10phn.htm Technical Support Document: http://www.mass.go v/dep/service/regulations/proposed/lev10tsd.pdf RULE HISTORY: Public Notice: 12/17/2011; Public Hearing: 01/19/2011; Comment Deadline: 01/31/2011; Rule Adopted: 03/18/2011; Rule Summary: MassDEP is proposing to adopt recent revisions made by the Califo rnia Air Resources Board (ARB) to the greenhouse gas (GHG) emission standards for motor vehicles. The regulations would apply to model year 2009 2011 and 2012 2016 passenger cars, lightduty trucks, and medium duty passenger vehicles. The revisions would b e incorporated in the Massachusetts Low Emission Vehicle (LEV) Program regulations. New Commissioner at MASS DEP The Massachusetts Department of Environmental Protection (MassDEP) has a new commissioner. Ken Kimmell is an environmental attorney and for mer general counsel at the Massachusetts Executive Office of Energy and Environmental Affairs. For more information about Commissioner Kimmell, visit the MassDEP web site at www.mass.gov/dep/about/bio.h tm MAINE Note: The Maine General Assembly convened 1 DEC 10 and adjourns on 15 JUN 11. Legislative Proposed ME S 91 LD: 311 AUTHOR: Collins (R)

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REC Update MAR 2011 15 TITLE: Harbor Safety INTRODUCED: 02/03/2011 DISPOSITION: Pending LOCATION: Joint Committee on En vironment and Natural Resources SUMMARY: Clarifies that maintenance dredging may be performed with a permit by rule only if the applicant has been issued an individual permit for maintenance dredging in the same location within the last 10 years. This bil l also provides that the amount of material to be dredged may not exceed the amount originally approved by the individual permit. STATUS: 02/08/2011 HOUSE refers to JOINT Committee on ENVIRONMENT AND NATURAL RESOURCES in concurrence. Lexis Summary: Thi s bill clarifies that maintenance dredging may be performed with a permit by rule only if the applicant has been issued an individual permit for maintenance dredging in the same location within the last 10 years. This bill also provides that the amount of material to be dredged may not exceed the amount originally approved by the individual permit. Outlook: NEW==: The bill was voted by committee as Ought to Pass as Amended on 3/15/2011. The bill has not reported out. ==NEW Bill Text: http://www.mainelegis lature.org/legis/bills/bills_125th/billtexts/SP009101.asp Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period. Maine DEP Commissioner Appoints Senior Leadership Team The Comm issioner of the Maine Department of Environmental Protection has named the leadership team that will direct the three units within his office and the three bureaus that administer the day to day operations of the states environmental programs. Darryl Bro wn, who was confirmed as commissioner by the Maine State Senate in late January and began work in early February, has filled all seven of the appointed positions that comprise his senior management team. Patricia Aho will serve as Deputy Commissioner, Teco Brown (no relation to Darryl Brown) as Director of the Bureau of Land and Water, and Samantha DePoyWarren as Director of Education and Outreach. Deputy Commissioner Aho, a native of Boothbay Harbor who gradated from Nasson College and earned a law deg ree from Western New England College, has been in the forefront of environmental advocacy for over 25 years and has been active on many of the critical issues facing Maine, including energy efficiency, greenhouse gas and petroleum regulation. Admitted to the Maine Bar, she most recently served as an attorney at Pierce Atwood and will be Maine DEPs primary liaison with both the Maine Legislature and the Governors Office. She has a lengthy commitment to community service, having served on town boards and committees in both Boothbay Harbor and Newcastle and on the boards of the Lincoln County Community Theater and Orchestra and the Maine Tourism Association. She has also been honored with the prestigious Athena Award from the Kennebec County Chamber of Com merce for her advocacy on behalf of the business community.

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REC Update MAR 2011 16 Bureau of Land and Water Director Teco Brown has more than a decade of experience working for Maine DEP, including as Director of the Division of Licensing and Review within the Bureau of Land a nd Water that he now heads up. More recently, he has worked as an environmental consultant, assisting clients throughout New England navigate the permitting process. A graduate of the University of Maine with a B.S. in Natural Resource Management and a f ormer Sergeant in the Army, Brown has in the past represented the town of Wayne on its planning board and on the board of the Cobbossee Watershed District and served as the chair of Waynes Board of Appeals for 14 years, ending his term last month to rejoi n Maine DEP. Director of Education and Outreach DePoy Warren, who has a B.A. from the University of Maine at Farmington and attended graduate school at the University of Maine, has more than a decade of experience as a communications strategist and award winning writer and photographer. She has served as a staff writer at the Lewiston Sun Journal, editor of the Livermore Falls Advertiser and most recently was the Marketing and Communications Manager for the Institute for Civic Leadership. In her new rol e, DePoyWarren will serve as the spokeswoman for Maine DEP and work to communicate to the public the meaningful work of the 410person department that extends far beyond the permitting and enforcement most commonly associated with the agency and includes 24 7 emergency spill response services, business assistance, environmental education, monitoring and much more. She is also on the Board of Directors of Day One. The remainder of the leadership team is comprised of those who have previously worked for th e department. Julie Churchill, the departments former small business ombudsmen, has been named Director of the Office of Innovation and Assistance and will lead the unit as they help businesses navigate regulations and work proactively to prevent pollution. Barbara Parker, Maine DEPs longtime Director of Response Services has been asked to serve as Acting Director of the Bureau of Remediation and Waste Management. Jim Brooks, the longtime Director of the Bureau of Air Quality, will continue to serve in his former capacity as will Jim Dusch, who has been the Director of the Policy Development and Implementation Unit since 2004. The Maine Department of Environmental Protection is responsible for protecting and restoring Maine's natural resources and enfor cing the state's environmental laws. Legislative mandate directs DEP to prevent, abate and control the pollution of the air, water and land. The charge is to preserve, improve and prevent diminution of the natural environment of the State. The department i s also directed to protect and enhance the public's right to use and enjoy Maines natural resources. The department administers programs, educates and makes regulatory decisions that contribute to the achievement of this mission. For more information about the Maine Department of Environmental Protection, visit www.maine.gov/dep NEW HAMPSHIRE Note: The NH General Court convened on 5 JAN 11 and adjourns on 1 JUL 11. Legislative No new environmental legisl ation of significant importance to the Navy was identified during this reporting period.

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REC Update MAR 2011 17 Regulatory Adopted NH 7623 2011 STATE ID: INT 2011 2 AGENCY: Department of Environmental Services TITLE: Control of Open Source Air Pollution PROPOSED: 01/28/ 2011 ADOPTED: 03/04/2011 SUMMARY: Limits open source air pollution by regulating emissions of particulate matter and toxic air pollutants from the burning of materials where the products of combustion are discharged directly into the atmosphere rather than through a stack, chimney, or flue. AGENCY CONTACT: Karla McManus, Planning and Rules Manager, Department of Environmental Services, 29 Hazen Drv, PO Box 95, Concord, NH 03302 0095, 603 271 6854, fax 603 271 1381, karla.mcmanus@des.nh.gov CITATION: Env A 1000 STATUS: 03/04/2011 Interim Rule Adoption Effective Date: 03/04/2011 Vol. XXXI, No. 10, New Hampshire Register 03/11/2011 p. 16 Lexis Summary: The proposed rule would affect individuals and entities that intend to burn materials in the ambient a ir, undertake certain activities which generate particulate emissions or sponsor firefighter instruction and training activities. The rule establishes requirements for open burning, fugitive dust, and firefighter instruction and training activities. It s pecifically sets forth general open burning requirements and identifies restricted materials. ENV A 1003 relates to Firefighter Instruction and Training Activities. It establishes procedures for minimizing emissions of particulate matter and toxic air poll utants from firefighter instruction and training activities. The rules will expire on March 12, 2011 unless readopted. The Department is proposing to readopt the chapter with amendments that are intended to (1) clarify existing requirements; (2) delete t he requirement for open burning to not create a nuisance; (3) provide more detail for the precautions needed to prevent, abate, and control fugitive dust and (4) separate the requirement to provide notice for firefighter instruction/training from the conte nts of the notice itself. Rule Development: NEW==: This rule was adopted and effective 3/4/2011. ==NEW LINKS: Rulemaking Notice: http://des.nh.gov/organization/commissioner/legal/rulemaking/documents/env a1000 rmn.pdf

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REC Update MAR 2011 18 RULE HISTORY: Interim Rule Propo sed: 1/28/2011; Approved: 2/4/2011; Rule Notice: 01/28/2011; Public Hearing: 02/15/2011; Comment Deadline: 02/25/2011; Adopted and Effective: 03/04/2011 Surface Water Quality Standards Request for Public input The NH Department of Environmental Service s (DES) is seeking advance public comment to determine if any modifications to New Hampshires surface water quality standards are needed. The New Hampshire surface water quality standards consist of RSA 485 A:1 4, 8 11 and Env Wq 1700, Surface Water Qual ity Regulations. The DES is seeking suggestions from the public for possible revisions to the standards per 40 CFR 131.20. These suggestions will be considered by the DES Water Quality Standards Advisory Committee for future inclusion in New Hampshires w ater quality standards. The text of RSA 485A:1 4, 8 11 can be accessed at http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC L 485 A.htm The existing rules can be accessed directly at http://des.nh.gov/organization/commissioner/legal/rules/documents/env wq1700.pdf PUBLIC HEARING: Thursday, 14 APR 11, 2:00 PM *; Rms 112113 114, DES offices, 29 Hazen Drive, Concord (*or immediately following the public hearing on proposed amendments to Env Wq 1708.10 and EnvWq 1708.12, whichever is later). LAST DAY TO FILE WRITTEN COMMENTS: Monday, 25 APR 11 (4:00 PM) CONTACT: Philip Trowbridge ( philip.trowbridge@des.nh.gov ), Civil Engineer V Note: Residents of New Hampshire are encouraged to provide input as citizens. Please remember that only certain individuals are authorized to make comm ents on behalf of DoD. If you have any questions concerning this policy, please consult your command or REC. RHODE ISLAND Note: The RI General Assembly convened 4 JAN 11 and adjourns in late JUN 11. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period.

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REC Update MAR 2011 19 VERMONT Note: The Vermont General Ass embly convened 5 JAN 11 and adjourns in mid MAY 11. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulatory No new environmental regulations of significant importance t o the Navy were identified during this reporting period. REGION 2 NEW JERSEY The New Jersey Legislature meets throughout the year. Legislative Proposed NJ A 862 SPONSOR: Milam (D) TITLE: Medical Waste Violations INTRODUCED: 01/12/2010 DISPOSITION: Pending LOCATION: Assembly Environment and Solid Waste Committee SUMMARY: Increases civil penalties for medical waste violations and intentional ocean pollution. STATUS: 01 /12/2010 To ASSEMBLY Committee on ENVIRONMENT AND SOLID WASTE. Lexis Summary: This bill increases civil penalties for medical waste violations and intentional ocean pollution. Bill Text: Outlook: NEW==: This bill was referred to the Assembly Environme nt and Solid Waste Committee on 01/12/2010. ==NEW

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REC Update MAR 2011 20 Subject: HazWas_Misc Regulatory Adopted NJ 19419 2010 STATE ID: 42 NJR 2297 AGENCY: Department of Environmental Protection/Site Remediation Program TITLE: Site Remediation PROPOSED: 10/04/2010 ADO PTED: 03/21/2011 SUMMARY: Amends rules pertaining to administrative and technical requirements for the remediation of contaminated sites. Amends rules concerning timeframes, vapor intrusion, and form names. AGENCY CONTACT: Leslie W Ledogar, Esq, Office o f Legal Affairs, Department of Environmental Protection, PO Box 402, Trenton, NJ 08625 0402 (reference DEP Docket No. 06 10 09) CITATION: NJAC 7:26C 3.2, 3.3, 3.5, 9.5; 7:26E 1.8, 1.12, 1.14, 1.15, 1.17, 1.18, 3.2, 3.3 STATUS: 03/21/2011 Notice of Correc tion Vol. 43, No. 6, New Jersey Register 03/21/2011 p. 731 Rule Development: NEW==: The Notice of Correction was published in the 03/21/2011 Register. Under "Expiration Date" in the notice heading, the expiration date for N.J.A.C. 7:26E was incorrect ly listed as May 17, 2012; the correct expiration date for N.J.A.C. 7:26E is May 7, 2012. ==NEW DEP Website: http://www.nj.gov/dep Notice of Proposed Rulemaking: http://www.nj.gov/dep/rules/notices/100410a.html Proposed Rule: http://www.nj.gov/dep/rules/proposals/100410a.pdf Final Rule: This final rule can be found on Lexis.com under Get A Document at citation 43 NJR 389 (c). Notice of Correction: This Notice of Correction can be found on Lexis.com under Get A Document at citation 43 N.J.R. 731(c). RUL E HISTORY: Proposed Rule: 10/04/2010; Public Hearings: 11/01/2010; 11/03/2010; Comment Deadline: 12/03/2010; Rule Adoption: 01/26/2011; Rule Filing: 01/28/2011; Effective Date: 02/22/2011; Notice of Correction: 03/21/2011 Rule Summary: The Department amended the mandatory remediation timeframes

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REC Update MAR 2011 21 established in the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) rules by extending them for one additional year and also amended the regulatory timeframes set forth in the Technic al Requirements in order to afford the person responsible for conducting the remediation a full one year "safety cushion" to ensure that the mandatory timeframes are met. The Department amended the trigger for an immediate environmental concern in indoor a ir in the Technical Requirements from an exceedance of the screening level to the exceedance of the rapid action level contained in or developed consistent with the Department's Vapor Intrusion Guidance. New Jersey Files Appeal in Federal Circuit Court over River Deepening Project On 15 FEB, the New Jersey Governor s Office filed notices with the Third Circuit U.S. Court of Appeals in Philadelphia informing the court it will appeal rulings that will allow the deepening of the Delaware River's shipp ing channel to proceed despite the lack of updated environmental studies. The administration wants the U.S. Army Corps of Engineers to perform these studies to prove the project won't harm the river's ecology, especially ecologically sensitive wetlands an d creeks adjacent to dredge disposal sites in South Jersey. The bulk of the Army Corps' environmental analyses were done in 1997, with limited updates made several years ago. More recent DEP testing suggest the river sediments contain elevated levels of P CBs, metals, polycyclic aromatic hydrocarbons and other contaminants that the Army Corps did not previously address. The project calls for the deepening of the river's 102 mile shipping channel from Philadelphia to the mouth of Delaware Bay. The local sponsor of the project is the Philadelphia Regional Port Authority. For more information, go to: http://www.nj.gov/dep/newsrel/2011/11_0018.htm DEP Proposes Common Sense Waiver Rule Would Al low Economic Growth, Enhanced Environmental Benefit In furtherance of Governor Chris Christie's Executive Order No. 2 that seeks to establish "Common Sense Principles" to govern New Jersey, the Department of Environmental Protection (DEP) has proposed a ru le to enable it to remove unreasonable impediments to economic growth while ensuring net environmental benefit for the state. Developed through extensive consultation and meetings with environmental advocates, local government officials, and the business community, the rule would permit the Department to waive strict compliance with regulations in certain limited circumstances that do not compromise protections for the environment or public health. The DEP would consider a waiver application only if one or more of the following conditions exists: Conflicting rules The requirement sought to be waived conflicts with another Department or other State or Federal agency rule. Unduly burdensome Strict application of a rule creates an exceptional and undue hardship (similar to criteria for local zoning variances), or where another method of compliance would have the same or better results but at a significantly lower cost. Net environmental benefit The environment would be enhanced by a project enabled by the waiver; mitigation would be allowed to be considered. Public emergency DEP must waive a rule to respond to an emergency.

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REC Update MAR 2011 22 Under the rule, the DEP would consider whether a proposed waiver is consistent with the Department's core mission; whether the wai ver is consistent with the intent of any underlying statute; whether the site is a redevelopment or brownfield; and/or whether a net environmental benefit would be achieved by granting the waiver. A waiver would not be granted in any case inconsistent wit h any State or Federal laws, regional air agreements, emissions trading programs, or health and safety standards. Permit fees also cannot be waived. The review process would be transparent: all applications to and approvals by DEP would be publicly notice d. When promulgating its rules, the Department cannot anticipate every circumstance or personal hardship that may exist. The standards of each chapter are designed to capture nearly all situations that could come before the DEP. Strict compliance with a regulatory provision can, in some limited circumstances, lead to unreasonable, unfair and unintended results, which can adversely affect not only prospective applicants, but also the public and the environment. The proposed rule is available online at http://www.nj.gov/dep/rules/notices.html NEW YORK The New York State Legislature meets throughout the year. Legislat ive Proposed NY A 815 SPONSOR: Din owitz (D) TITLE: Environmental Impact Statements INTRODUCED: 01/05/2011 DISPOSITION: Pending LOCATION: Assembly Environmental Conservation Committee SUMMARY: Requires environmental impact statements to consider cumu lative effects of an action. STATUS: 01/05/2011 INTRODUCED. 01/05/2011 To ASSEMBLY Committee on ENVIRONMENTAL CONSERVATION. Lexis Summary: This bill requires environmental impact statements to consider cumulative effects of an action for projects i n communities already experiencing the impact by polluting facilities; defines "cumulative effects". Outlook: NEW==: This bill was referred to the Assembly Environmental Conservation Committee on 01/05/2011. It has not yet been scheduled for a hearing. ==NEW Bill Text: http://assembly.state.ny.us/leg/?default_fld=%0D%0A& ; bn=A00679%09%09&Summary=Y&Actions=Y&Memo= Y&Text=Y

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REC Update MAR 2011 23 Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period. NY State Rechargeable Battery Recycling Law The NYS Rechargeable Battery Recycling Act passed into law 10 DEC 10. The law requires manufacturers of certain rechargeable batteries to collect and recycle the batteries statewide in a manufacturer funded program at no cost to consumers. Consumers across the state will now be able to safely return to retailers rechargeable batteries for recycling or proper management at the end of its useful life. The law covers the following types of b atteries: Nickel cadmium, Sealed lead, Lithium ion, Nickel metal hydride and Dry cell Battery packs containing any of the batteries mentioned above. The law does not cover the following types of batteries: Batteries/packs mentioned above weighing 25 pounds or more, Batteries used as the principal power source for vehicles (including golf carts and wheelchairs), Batteries for storage of electricity generated by alternative power sources (e.g., winddriven generators), Batteries for backup as an integral c omponent of electronic devices and Nonrechargeable batteries (e.g., common alkaline batteries). The new law provides requirements for manufacturers of rechargeable batteries covered under the law, retailers of rechargeable batteries covered under the law who are selling to NYS consumers, and NYS consumers of rechargeable batteries covered under the law. Manufacturers or groups of collaborating manufacturers of rechargeable batteries covered under the law are responsible for financing the collection and recycling of the batteries, advertising their program to consumers and reporting on the progress of their programs. Manufacturers are required to submit a collection and recycling plan to the Department of Environmental Conservation (DEC) by 10 MAR 11. Beg inning 8 JUN 11, retailers that sell rechargeable batteries covered under the law will be required to accept used rechargeable batteries from consumers during normal business hours and must post signs informing consumers about these requirements. A retail er must accept up to ten batteries per day from any person, regardless of whether that person purchases replacement batteries, and must accept as many such batteries as a consumer purchases from the retailer. Beginning 5 DEC 11, no "person" (as defined in Subdivision 10303(18) of the Environmental Conservation Law) shall knowingly dispose of covered rechargeable batteries as solid waste at any time in the state. For more information, go to: h ttp://www.dec.ny.gov/environmentdec/72469.html

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REC Update MAR 2011 24 REGION 3 DISTRICT OF COLUMBIA Note: The Council of the District of Columbia meets twice per month throughout the year. Legislative No new environmental legislation of significant importance to t he Navy was identified during this reporting period. Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period. DELAWARE Note: The Delaware General Assembly convened 5 JAN 11 an d adjourns on 30 JUN 11. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulation Proposed DE 2557 2010 AGENCY: River Basin Commission TITLE: Schedule of Water Charges PROPOSED: 03/01/2010 SUMMARY: Amends rules regarding schedule of water charges to increase the rate of payment. AGENCY CONTACT: Paula Schmitt, Commission Secretary, River Basin Commission, PO Box 7360, W Trenton, NJ 08628 0360, 609 883 9522, Paula.Schmi tt@drbc.sate.nj.us CITATION: Uncodified STATUS: 03/01/2010 Proposed Rule Comment Deadline: 04/16/2010 Vol. 13, Issue 9, Delaware Register of Regulations

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REC Update MAR 2011 25 03/01/2010 pp.1144 1146 Rule Development: NEW==: The rule is final and effective on February 24, 2 011. ==NEW Delaware River Basin Commission Website: Proposed Rule Notice (begins on page 1144): Rule History: Proposed Rule: 3/1/2010; Comment Deadline: 4/16/2010; DRBC Meeting: 09/15/2010; Final Rule effective: 02/24/2011. Rule Summary: This propo sed rule amendment relates to a proposed increase in the schedule of water charges in the Delaware River Basin. Specifically, the consumptive use rate is proposed to be increased from $60 to $90 per million gallons effective on January 1, 2011 and from $90 to $120 per million gallons effective on January 1, 2012. The non consumptive use rate is proposed to be increased from $.60 to $.90 per million gallons effective on January 1, 2011 and from $.90 to $1.20 per million gallons effective on January 1, 2012. DNREC to Hold Public Meetings on Universal Recycling Throughout the State The Delaware Department of Natural Resources and Environmental Control (DNREC)s Solid and Hazardous MARYLAND Note: The Maryland General Assembly convened 12 JAN 11 and adjourns in early APR 11. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulatory No new environmental regulations of significant importance to the Navy were identified d uring this reporting period. In Md., felt boots blamed for invasive 'rock snot' Maryland is about to become the first state to enforce a ban on a type of footgear in an effort to protect trout streams from an aquatic invader. The state Department of Na tural Resources is prohibiting wading with felt soled fishing boots after 21 MAR 11 to curb the spread of invasive organisms that can get trapped in the damp fibers and carried from one body of water to another. Similar bans will take effect 1 APR 11 in V ermont and in

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REC Update MAR 2011 26 2012 in Alaska. These bans are aimed at didymo, a type of algae that coats riverbeds with thick mats of yellow brown vegetation commonly called "rock snot." Maryland fishery regulators say didymo, short for Didymosphenia geminata, can smother aquatic insect larvae such as mayflies, stoneflies and caddis flies that are favored food for trout. Didymo, pronounced DID ee moh, isn't a stream killer like acid mine drainage. Fish have adapted in the northern rivers where it first appeared, but bi ologists can't say for sure how it will affect the ecology of Maryland waterways. Maryland officials say 2011 will be an "education year," with violators getting warnings and information cards instead of tickets. Fines and penalties haven't yet been dete rmined and won't be effective until 2012. NORTH CAROLINA Note: The NC General Assembly convened 26 JAN 11 and adjourns in early JUN 11. Legislative No new environmental legislation of significant importance to the Navy was identified during this r eporting period. Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period. PENNSYLVANIA Note: The Pennsylvania General Assembly meets throughout the year. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period. Richard J. Alla n Nominated To Lead Dept. of Conservation and Natural Resources Gov. Tom Corbett this week nominated Richard J. Allan, of Camp Hill, Cumberland County, as secretary of the Department of Conservation and Natural Resources. Since 1991, Allan has served as e xecutive director for the Pennsylvania, Maryland and Delaware members of the Institute of Scrap Recycling Industries, the national trade association that represents the recycling industry. Since 2005, he has also been a consultant to energy producers in t he electric, wind, solar and coal sectors. Allan, 57, has served on the boards of the Pennsylvania Environmental Council and Pennsylvania Resources Council since 2000.

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REC Update MAR 2011 27 Allan was a founding member of Back Mountain Recreation, Inc., a recreation and environmental facility in Luzerne County. He was also a founding member of the North Branch Land Trust, which provides management to more than 10,000 acres of land in Northeastern Pennsylvania. He has also worked with the LACAWAC Sanctuary Foundation. He also s erved on the Department of Environmental Protections Solid Waste, Recycling Fund and Climate Change advisory committees, and the Recycling Markets Development Center. The Department of Conservation and Natural Resources is charged with maintaining and pr eserving the 117 state parks; managing the 2.1 million acres of state forest land; providing information on the state's ecological and geologic resources; and establishing community conservation partnerships with grants and technical assistance to benefit rivers, trails, greenways, local parks and recreation, regional heritage parks, open space and natural areas. VIRGINIA The Virginia Legislature convened 12 JAN 11 and adjourned 26 FEB 11. Legislative Adopted VA S 961 IDENTICAL: VA H 1649 AUTHO R: Northam (D) TITLE: Virginia Water Protection Permit INTRODUCED: 01/12/2011 ENACTED: 03/15/2011 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 149. SUMMARY: Extends the exemption from fee requirements for a Virginia Water Protection Permit to d redging activities performed by the Department of the Navy; provides that dredging operations sponsored by the Army Corps of Engineers are already exempted from such fees. STATUS: 03/15/2011 Signed by GOVERNOR. 03/15/2011 Acts of Assembly. Chapter No. 14 9 Outlook: NEW==: This bill was signed by the Governor and became Chapter 149 on 3/15/2011. It is effective as of 7/1/2011. ==NEW Bill Text (as enrolled): http://lis.virginia.gov/cgi bin/legp604.exe?111+ful+SB961ER+pdf Bill Text (as introduced): http://lis.virginia.gov/cgibin/legp604.exe?111+ful+SB961

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REC Update MAR 2011 28 Legislative Adopted VA H 326 AUTHOR: Plum (D) TITLE: Mercury Thermostats INTRODUCED: 01/13/2010 ENACTED: 02/26/2010 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 4. SUMMARY: Requires the State's Waste Management Board to adopt regulations to encourage the recycling of thermostats containing mercury; authorizes localities to prohibit the disposal of mercury thermostats in any privately operated landfill within its jurisdiction, so long as the locality has implemented a recycling program that is capable of handling all of the mercury thermostats within the jurisdiction. STATUS: 02/26/2010 Signed by GOVERNOR. 02/26/2010 Acts of Assembly. Chapter No. 4 Lexis Summary: This bill requires the Virginia Waste Management Board to adopt regulations to encourage the recycling of thermostats containing mercury. The bill also authorizes localities to prohibit the disposal of mercury thermostats in any privately operated landfill within its jurisdict ion, so long as the locality has implemented a recycling program that is capable of handling all of the mercury thermostats within the jurisdiction. Amended House engrossed text: Bill text as passed by House and Senate : Chapter 4: Outlook: NEW==: On 2/26/2010, the Governor approved this bill in Acts of Assembly Chapter No. 4 and it goes into effect on 7/1/2010. The bill amends and reenact 10.1 1425.26 of the Code of Virginia, Bill text as passed by House and Senate: ==NEW VA General Assembly Passes Law on Fertilizer During the Phase I Chesapeake Bay TMDL Watershed Implementation Plan process, the Stakeholder Advisory Group agreed that regulation of fertilizer application was the most cost effective way to reduce nutrient loading. Subsequentl y, bipartisan legislation (Senate Bill 1055) that will bar the Virginia sale of fertilizer containing phosphorus for use on established lawns beginning on 31 DEC 13 has unanimously passed the House of Delegates and the Senate of Virginia and is awaiting th e governor's signature. The legislation also prohibits the sale of pavement deicing agents containing urea or other forms of nitrogen or phosphorus beginning on 31 DEC 13.

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REC Update MAR 2011 29 The legislation also requires nutrient management plans for golf courses to be de veloped and implemented by 1 JUL 17. Additionally, the legislation will require clear labeling on home fertilizer sold in Virginia. The labels will advise consumers on how to use the product properly, achieve desired results, and avoid pollution of nearby waterways. Finally, the legislation requires a report concerning the use of slowly available nitrogen in fertilizer (lawn and lawn maintenance) material to the legislative committees with subject matter jurisdiction over agriculture and the environment. This report could lead to additional legislation that could further reduce nutrient loads by requiring slow release nitrogen in fertilizer. It has been estimated that the law could reduce phosphorus pollution running off into the Chesapeake Bay from Vir ginia by at least 230,000 pounds per year, or 22 percent of Virginia's phosphorus reduction goal by 2017. This will save municipal separate storm sewer systems including those owned by DoD millions of dollars by reducing their need to install expensive st ormwater runoff treatment systems. However, the legislation will impose some new requirements on DoD installations. Since the law also prohibits sale and use of deicing materials containing urea and other forms of nitrogen or phosphorus, DoD facilities w ill need to discontinue use of these materials and replace them with alternative pavement deicing agents such as acetate based products by 31 DEC 13. DoD golf courses will also be required to develop nutrient management plans by 1 JUL 17. Once the legisl ation is adopted and becomes law, Virginia will join eight other states restricting the use or sale of phosphorus in fertilizers. The Maryland and Pennsylvania legislatures are considering similar legislation. WEST VIRGINIA The West Virginia Leg islature convened 12 JAN 11 and adjourns mid MAR 11. Legislative No new environmental legislation of significant importance to the Navy was identified during this reporting period. Regulatory No new environmental regulations of significant importance to the Navy were identified during this reporting period.

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REC Update MAR 2011 30 PROFESSIONAL DEVELOPMENT Conferences National Environmental Justice Advisory Council (NEJAC) Teleconference, 31 MAR 11 The purpose of this one day conference is to foster innovative thinking on the suite of federal and state policies needed to reduce DoD Environmental Monitoring and Data Quality Workshop, 28 MAR 1 APR 11, Arlington, VA The National Environmental Justice Advisory Council (NEJAC) will host a public teleconference meeting on Thu rsday, March 31, 2011 from 1300 to 1600 Eastern Standard Time. The primary topic of discussion will be methods to ensure longterm engagement of communities in the Gulf Coast ecosystem restoration efforts. There will be a public comment period from 1430 to 1600. To register by e mail, send an email to March2011NEJACMeeting@AlwaysPursuingExcellence.com with Register for the NEJAC March Teleconference in the subject line. To regi ster by Fax, send a fax or leave a voice message at 877 773 1489. Please include your name, organization, city and state, e mail address and telephone number. National Brownfields Conference, 3 5 APR 11, Philadelphia, PA This conference focuses on cle aning up and redeveloping abandoned, underutilized, and potentially contaminated properties. More information is available at: http://www.brownfields2011.org Oil Spill Research Strategy Review Panel Meeting 11 12 APR 11, Washington, DC The Deep Water Horizon spill identified the need for additional research on alternative spill response technologies; environmental impacts of chemical dispersants under deep sea application conditions; the fate and toxicity of dispersants and dispersed oil; chronic health effects for spill response workers and the public; and shoreline and wetland impacts, restoration and recovery. Additional information is available at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Oil%20Spill%20Research%20Strategy?OpenDocu ment and the draft strategy is available at: http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/177EF331F2AD57CB85257798006BD42A/$File/D raft+Oil+Spill+Research+Strategy.pdf Wind Powering America Webinar: Wind/Radar Interactions, 20 APR 11 T his free webinar is part of the U.S. Department of Energy's Wind Powering America 2011 webinar series. It will provide a discussion about the latest developments to overcome challenges in wind turbine/radar system interactions. The webinar is free; no registration is required. More information can be found at: http://www.windpoweringamerica.gov/filter_detail.asp?itemid=2952 2011 Ground Water Summit and Ground Water Protection Council Spring Meeting, 1 5 May 11, Baltimore, MD This conference will bring together a mix of federal and state regulators, practitioners, natural resource managers, policymakers, municipal planners, remediation site owners, attorneys, climatologists, and those who supply knowledge and technology needed to address and influence key water issues. More information can be found at: http://www.ngwa.org/summit2011/index.aspx National Solar Conference, 17 21 MAY 11, Raleigh, NC The National Solar Conference is the longest running educational event for solar energy professionals in the U.S. The SOLAR 2011 program will be devel oped by solar energy experts in all topical areas technology, buildings,

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REC Update MAR 2011 31 policy, professional education, workforce development, and consumer education. Many sessions offer continuing education credits for architects, installers, and engineers. For more information, go to: http://www.nationalsolarconference.org/ AWEA WindPower 2011: Conference & Exposition, 22 25 MAY 11, Anaheim, CA More information is at: http://www.windpowerexpo.org/ Environment, Energy Security, and Sustainability Symposium & Exhibition, 9 12 MAY 11, New Orleans, LA The Environment, Energy, Security, and Sustainability (E2S2) Symposium and Exhibition provides an opportunity to share ideas on how to improve energy, environmental, and sustainability management throughout DoD, the Services, and other federal agencies. For more information, visit the website at http://e2s2.ndi a.org/Pages/Default.aspx International Conference on Sustainable Remediation, 1 3 JUN 11, Amherst, MA The conference is sponsored by the Environmental Institute at the University of Massachusetts Amherst and the U.S. EPA Office of Superfund Remediation and Technology Innovation. It will address green chemistry, human health, and environmental response. Session presentations by scientists, practitioners, and regulators will feature new research, field applications, and lessons learned. Leading researc hers and regulatory experts will provide an overview of the sustainable remediation landscape and address research needs, policy and regulatory challenges moving forward. The conference will feature 2 keynote presentations, 24 technical sessions, poster p resentations and a student poster competition, exhibits, and ample opportunities for networking. For more information and to register, see http://www.umass.edu/tei/conferences/Sus tainableRemediation/ Air & Waste Management Association Annual Conference, 21 24 JUN 11, Orlando, FL The theme is "Beyond All Borders" and focuses on regional topics related to the Gulf of Mexico Oil Spill; air quality modeling; carbon dioxide; envir onmental management of ports, marinas and shipyards; waste disposal on the Gulf Coast, environmental issues related to transportation, and electronic waste will be presented. More information can be found at: ht tp://www.awma.org/ace2011/ DoD Sustaining Military Readiness Conference, 25 29 JUL 11, Nashville, TN DoD personnel and stakeholders interested in military training and testing, natural and cultural resources management, and sustainable and compatible l and, air, sea, and frequency use topics are invited to explore the interdisciplinary nature of sustaining military readiness, share lessons learned and best practices among colleagues and stakeholders, and participate in a broad spectrum of informative training workshops. Detailed agenda, lodging and travel information can be found at www.smrconference.com

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REC Update MAR 2011 33 TRAINING Only the CECOS courses offered within Regions 13 and North Carolina are listed here (with t he exception of Natural Resources and Cultural Resources courses). For further information on the courses below, other course offerings, and/or to register, visit the CECOS training website at https://www.netc.navy.mil/centers/csfe/cecos/ CECOS Classroom Courses Beginning Date End Date Course Location 24 MAR 11 24 MAR 11 RCRA Hazardous Waste Review Groton, CT 18 APR 11 22 APR 11 Hazardous Waste Facility Operator Norfolk, VA 26 APR 11 28 AP R 11 Integrated EMS and Compliance Auditing Norfolk, VA 28 APR 11 28 APR 11 RCRA Hazardous Waste Review Quantico, VA 2 MAY 11 4 MAY 11 Introduction to Hazardous Waste Generation and Handling Cherry Point, NC 3 MAY 11 5 MAY 11 Nat l Environmental Policy Act (NEPA) Application Baltimore, MD 5 MAY 11 5 MAY 11 RCRA Hazardous Waste Review Cherry Point, NC 16 MAY 11 20 MAY 11 DoD Initial Pest Mgmt PAR/QAE and IPM Coordinator Virginia Beach, VA 13 JUN 11 15 JUN 11 Introduction to Hazardous Waste Generation and Handling Norfolk, VA 14 JUN 11 17 JUN 11 Environmental Conservation Annapolis, MD 16 JUN 11 16 JUN 11 RCRA Hazardous Waste Review Norfolk, VA 20 JUN 11 22 JUN 11 Introduction to Hazardous Waste Generation and Handling Camp Lejeune, NC 23 JUN 11 23 JUN 11 RCRA Hazardous Waste Review Camp Lejeuene, NC 28 JUN 11 30 JUN 11 Basic Environmental Law Newport, RI 18 JUL 11 22 JUL 11 Adv. Environmental Management Newport, RI 23 AUG 11 25 AUG 11 Human Health Risk Assessment Norfolk, VA

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REC Update MAR 2011 34 CECOS Online Course s/Web Conferences Beginning Date End Date Course Location Various EMS General Awareness: Computer Based Training On Line Various Bird Aircraft Strike Hazard (BASH) Awareness On Line Various Environmental Sampling (Chapter 29) On Line Various HAZWOPER f or Uncontrolled Hazardous Waste Site Workers Refresher On Line 12 APR 11 14 APR 11 Advancing An Effective EMS Web Conference 19 APR 11 20 APR 11 Pollution Prevention Program Operations and Management Web Conference 21 APR 11 21 APR 11 Sustainability in the Navy Web Conference 18 MAY 11 18 MAY 11 Solid Waste & Recycling Awareness Web Conference 24 MAY 11 26 MAY 11 Advancing An Effective EMS Web Conference 19 JUL 11 20 JUL 11 Pollution Prevention Program Operations and Management Web Conference 21 JUL 11 21 JUL 11 Sustainability in the Navy Web Conference CECOS EMS General Awareness: Computer Based Training (CBT) Module Available 24/7 at www.cecosweb.com under Training by Subject>EMS. A certificate is issued to all registered users upon completion. This module is designed to provide an awareness level o verview of EMS to satisfy the requirement that ALL personnel have basic EMS knowledge. It is also to be taken as a quick refresher for anyone that takes the Advancing an Effective EMS and/or Integrated EMS/Compliance trainings. NAVOSH & Environmental Tra ining Center For further information on the courses and/or to register, visit NAVOSH & Environmental Training Center website at: http:// www.safetycenter.navy.mil/training/default.htm E PA Watershed Assessment Tools Training, Various Times & Locations More information is available at: http://www.epa.gov/waterscience/basins/training.htm

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REC Update MAR 2011 35 USDA Forest Service Continuing Education Program, Various Times & Locations More information is available at: http://www.fs.fed.us/biology/education/ EPA Online EMS Training Course The course is available at: http://www.epa.gov/osw/inforesources/ems/ems101/ (Corrected link)

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REC Update MAR 2011 36 MEET THE REC STAFF RADM M. S. Boensel DoD Regional Environmental Coordinator (757) 3222800, DSN 2622800 Director, Regional Environmental Co ordination (REC) Office (757) 3410363 REC Counsel (757) 3222938 DSN 262 2 938 or Deputy (757) 3222812 Cultural Resources (757) 3410372 Potable Water, Stormwater, Groundwater, Wastewater (757) 3410428 or (757) 3410429 Air Quality, Asbestos, Radon (757) 3410386 P2, EPCRA, RCRA HW/SW (757) 3410408 Navy On Scene Coordinator Representative (757) 3410449 POL/Tanks (757) 3410381 Regional NEPA, Natural Resources (757) 3410486 Land Use, Encroachment (757) 3223011, DSN 2623011 Environmental Restoration (757) 3410394 REC Support (757) 3410430 DoD Chesapeake Bay Coordinator (757) 3410383 Navy Chesapeake Bay Coordinator Temporarily Vacant

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REC Update MAR 2011 37 LINK HELP SECURE SITES Links beginning with https:// may give a security error. To get around this problem copy the link and paste it in your browser. DENIX Many of our links are to DENIX. To subscribe to DENIX go to: https://www.denix.osd.mil/denix/register.html and register. I f you find a dead link, please contact us at dodrecreg3@navy.mil and we will find the link for you. SUBSCRIBE! If you would like to receive notice when the REC Update is posted, please send an em ail to: dodrecreg3@navy.mil with your name, command, address, phone number, and email address. If your email address or phone number changes, please send an email with the updated information. If you or your org anization would like to submit an article, story, or picture for future newsletters, send it to : dodrecre g3@navy.mil Thanks.