The R EGION 9 W ESTERN R EVIEW publishes environmental and energy related developments for DoD /Army leaders and installation staff. Covering the four states and territories in Federal Region 9, the Western Review gives early notice of legislative and regulatory activities relevant to DoD interests. The Review also helps installations meet ISO 14001 environmental management system requirements. Find out more about the Army Regional Environmental and Energy Offices here Click here to browse back issues of the Western Review To read back issues of other Regional Office Reviews click on a region To rec eive a copy of this electronic publication, send an email request The Environmental Protectin Agency ( EPA ) and the U.S. Army Corps of Engineers (USACE) finalized the Clean Water Rule to ensure that waters are protected under the Clean Water Act (CWA). Specifically, the rule: Clearly defines and protects tri butaries that impact the health of downstream waters. The rule states a tributary must show physical features of flowing water a bed, bank, and ordinary high water mark to warrant protection. It provides protection for headwaters that exhibit these feature s and impact downstream waters. Provides certainty in how far safeguards extend to nearby waters. The rule protects waters next to rivers and lakes and their tributaries, as science demonstrates they impact downstream waters. The rule sets boundaries on co vering nearby waters for the first time that are physical and measurable. Focuses on streams, not ditches. The rule limits protection to ditches constructed out of streams or that function like streams and can carry pollution downstream. Ditches not constr ucted in streams and flow only when it rains are not covered. Maintains the status of waters within Municipal Separate Storm Sewer Systems. The rule does not change how those waters are treated and encourages the use of green infrastructure. Reduces the us e of case specific analysis of waters. Previously, almost any water could be put through a lengthy case specific analysis, even if it would not be subject to the CWA. The rule significantly limits the use of case specific analysis by creating clarity and c ertainty on protected waters and limiting the number of similarly situated water features. The Clean Water Rule will be effective 60 days after publication in the Federal Register. Arizona 2 California 2 Hawaii and Pacific Islands 18 Nevada 23 Do D Activity 25 Federal Activity 26 Professional Development 31 Sta ff Directory 37 Acronyms 38 June 201 5 The U.S. Army Regional Environmental & Energy Office
Page 2 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O W ATER B IOSOLIDS The Arizona Department of Environmental Quality (ADEQ) repealed the prohibition on incineration of biosolids. The rulemaking amends state rules governing biosolids, R18 9 1002 (Applicability and Prohibitions) and R18 9 1015 (Inspection). The final r ule is effective 4 JUL 15. L EGISLATIVE D EVELOPMENTS The 2015 Arizona legislative session beg an 12 JAN 1 5 and adjourned 2 APR 1 5 For information about legislation in 2015, refer to the May 2015 edition of the Review. A IR I MPERIAL C OUNTY : E MISSION R EDUCTION C REDITS The Imperial County Air Pollution Control District adopted revisions to Rule 214 ( Emission Reduction Credit (ERC) Banking ) and Rule 215 ( Community Bank and Priority Reserve ). Final R ule s 214 and 215 were effective 12 MAY 15. I MPERIAL C OU NTY : R OAD P AVING E MISSION R EDUCTION C REDITS The Imperial County Air Pollution Control District adopted new R ule 214.2 ( Paving Unpaved Public Roads Emission Reduction Credits (PERCs) ). The rule is intended to encourage paving of unpaved public r oads throug hout Imperial County and reduce particulate matter (PM) emissions. The final rule was effective 12 MAY 15. S OUTH C OAST : R ISK A SSESSMENTS AND THE A IR T OXICS H OT S POTS P RO GRAM The South Coast Air Quality Management District is proposing to update definitions and rule language relating to health risk calculation methodologies in local rules 1401, 1401.1, 1402, and 212. The amendments will provide consistency with the Air Toxics Hot Spots Program Guidance Manual for Preparation of Risk Assessments A public hearing was held 6 JUN 15. S OUTH C OAST : I NCORPORATION BY R EFERENCE The South Coast Air Quality Management District incorporated by reference current fed eral new source performance standards (NSPS) and national emission standards for hazardous air pollutants (NESHAP) under Title 40 Code of Federal Regulations ( CFR ) Parts 60 and 61. The rulemaking amended local rules IX and X The final rules were effective 4 APR 15. Want to comment on something in the Review? Contact Mark Mahoney Region 9 Environmental Coordinator (303) 844 0956.
June 201 5 Region 9 Review Page 3 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO V ENTURA C OUNTY : B OILERS S TEAM G ENERATORS AND P ROCESS H EATERS The Ve ntura County Air Pollution Control District is propos ing revisions to Rule 74.15.1 The revisions will implement an All Feasible Measures requirement of the California Clean Air Act. 2007 Air Quality Management Plan relies on adopting All Feasible Measures to help attain the state ambient ozone air quality standard. A public hearing is scheduled for 23 JUN 15. Click here to view a staff report. E NERGY A PPLIANCE E FFICIENCY S TANDARDS The California Energy Commission (CEC) adopted amendments to the Appliance Efficiency Regulations for state regulated appliances CEC amend ed standards in three distinct areas: water efficiency standards for toilets, urinals, and faucets ; standards for dimming ballasts ; and labeling standards for replacement air filters in heating and ventilation systems and heat pump water chilling packages Th e rulemaking amends Title 20, Sections 1601 1608 of the California Code of Regulations (CCR) which contain definitions, test procedures, labeling requirements, and efficiency standards for state regulated appliances. The final rule was effective 15 MAY 15. W ATER R EPORT AND G ENERAL W ASTE D ISCHARGE R EQUIREMENTS FOR C OMPOSTING O PERATIONS The California State Water Resources Control Board (State Water Board) is requesting public comment on a draft California Environmental Quality Act (CEQA) Environmental Impact Report (EIR) and proposed General Waste Discharge Requirements for Composting Operations (General Order). A board workshop is scheduled for 16 JUN 15 and a public meeting is scheduled for 7 JUL 15. For more information, click here to view the rulemaking website. P ROPOSITION 65: BPA The California Office of Environmental Health Hazard Assessment ( C OEHHA) added bisphenol A (BPA) to the list of chemicals known to the state to cause repr oductive toxicity for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). The notice was issued 22 MAY 15. Click here for more information about BPA and reproductive toxicity. P ROPOSITION 65: W EBSITE C OEHHA is proposing to establish the framework for a website operated by OEHHA that would provide supplemental information to the public about potential exposures to Proposition 65 listed chemicals. The rulemaking would add new section 25205 to Title 27 CCR L EGISLATIVE D EVELOPMENTS The 2015 California legislative session beg an 1 DEC 14 and adjourns 30 NOV 16. California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AIR / CLIMATE CHANGE AB 239 Assemblyman James Gallagher (R) Proposes to prohibit the Air Resources Board from adopting or amending regulations pursuant to the California Global Warming Solutions Act. AB 335 Assemblyman Jim Patterson (R) Proposes to require the Air Resources Board and air districts to adopt and requires a representative of agencies that find a minor violation to issue a notice t o comply.
Page 4 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 590 Assemblyman Brian Dahle (R) Proposes to create the Biomass State Cost Share Account within the Greenhouse Gas Reduction Fund. Specifies funds can be used to maintain the current level of biomass power generation in the state and revitalize currently idle facilities in strategically located regions. AB 692 Assemblyman Bill Quirk (D) Proposes to require state agency buyers of transportation fuels to procure an unspecified percentage of the total amount of fue l purchased from very low carbon transportation fuel sources. Increases the required percentage of very low carbon fuel to be purchased annually. AB 742 Assemblyman James Gallagher (R) Proposes to prohibit the Air Resources Board from enforcing a certain regulation that restricts emissions from in use, diesel fueled vehicles until the board completes a review of the safety of any particulate matter filters AB 777 Assemblyman Matthew Harper (R) Proposes to repeal the California Global Warming Solutions Act of 2006. AB 857 Assemblyman Henry T. Perea (D) Proposes to amend the California Clean Truck, Bus, and Off Road Vehicle and Equipment Technology Program funding rules. AB 1094 Assemblyman Das Williams (D) Proposes to require the Energy Commission to conduct an analysis of plug in equipment electricity consumption and set statewide targets for the greenhouse gases emitted by the generation of the electricity consumed by plug in equipment. AB 1288 Assemblywoman Toni Atkins (D) Proposes to amend market based compliance provisions of the Global Warming Solutions Act of 2006. AB 1324 Assemblyman Das Williams (D) AB 1332 Assemblyman Bill Quirk (D) Proposes to address offsets under the California Global Warming Solutions Act of 2006. Requires the board to create an offset protocol for renewable energy projects that are able to ramp up or down during peak energy demands. AB 1482 Assemblyman Richard S. Gordon (D) Proposes to address climate adaptation. Requires the Natural Resources Agency consider climate change impacts and promote the use of natural systems when developing physical infrastructure to address adaptation. AB 1496 Assemblyman Tony Thurmond (D) Proposes to require the Air Resources Board to adopt a program to measure, monitor, regulate, and reduce emissions of methane.
June 201 5 Region 9 Review Page 5 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status SB 180 Senator Hannah Beth Jackson (D) Proposes to address greenhouse gas performance standards for utilities. Replaces standards for baseload generation with standards for primary and secondary generation. SB 189 Senator Ben Hueso (D) Proposes to establish the Clean Energy and Low Carbon Economic and Jobs Growth Blue Ribbon Committee. Requires the committee to advise state agencies on the most effective ways to spend clean energy and green house gas related funds and implement policies in order to maximize economic and employment benefits. SB 207 Senator Bob Wieckowski (D) Proposes to address planning documents associated with expenditures from the Greenhouse Gas Reduction Fund established under the Global Warming Solutions Act. SB 246 Senator Bob Wieckowski (D) Proposes to create the Climate Action Team. Requires the team to goals. Requires the team to update climate adaptation planning documents and guides. SB 379 Senator Hannah Beth Jackson (D) Proposes to require counties to assess risks from climate change. Requires county plans to address climate adaptation and resiliency. S B 471 Senator Fran Pavley (D) Proposes to require the Air Resources Board to develop an inventory of greenhouse gas emissions from state water systems. SB 491 Committee On Transportation And Housing Proposes to change public meeting requirements for air districts that impose a vehicle registration fee to fund air quality improvement projects. SB 513 Senator James T. Beall (D) Proposes to authorize the Sacramento Air Quality District to impose a vehicle registration surcharge and to use the funds from the surcharge on alternative fuel and electric infrastructure. ENERGY AB 140 Assemblyman Travis Allen (R) Proposes to make changes to existing law governing reports about the impact of distributed energy generation. AB 197 Assemblywoman Cristina Garcia (D) Proposes to require all retail sellers of electricity to acquire energy so as to achieve grid reliability and greenhouse gas emission reductions simultaneously. AB 213 Assemblyman Sebastian Ridley Thomas (D) Proposes to address energy efficiency and light emitting diode products. Prohibits the California Energy Resources Conservation and Development Commission from adopting standards that vary from federal standards.
Page 6 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 450 Assemblyman Kevin McCarty (D) Proposes to authorize the use of the moneys in the Greenhouse Gas Reduction Fund to provide funding revenue bonds. AB 568 Assemblyman Bill Dodd (D) Proposes to authorize Reclamation District 108 to construct, maintain, and operate a plant, transmission lines, and other necess ary or appropriate facilities for the generation of hydroelectric power. AB 577 Assemblywoman Susan Bonilla (D) Proposes to allocate a specific dollar amount for the development of in state biogas. Implements a bio methane collection and purification grant program. AB 645 Assemblyman Das Williams (D) Proposes to increase the Renewable Portfolio Standard to 50% by 2030, from the existing RPS of 33% by 2020. AB 655 Assemblyman Bill Quirk (D) Proposes to increase fees for transporters of inedible kitchen grease for personal, noncommercial use as an alternative fuel. AB 674 Assemblyman Kevin Mullin (D) Proposes to address distributed energy generation. Restricts how electrical corporations can assess fees. AB 808 Assemblyman Sebastian Ridley Thomas (D) Proposes to regulate electricity used as a motor vehicle fuel. Revises rules governing oils and lubricants used in motor vehicles. AB 942 Assemblyman Ian Calderon (D) Proposes to make amendments to the California Solar Initiative. AB 946 Assemblyman Phil Ting (D) Proposes to address interoperability of electric vehicle charging stations. AB 966 Assemblyman Catharine Baker (R) Proposes to address ratepayer funded incentives related to solar energy. Requires solar energy system building permits, or proof no building permit is required, be submitted to the California Energy Commission as a prerequisite to receive ratepayer funded incentives. AB 1005 Assemblyman Richard S. Gordon (D) Proposes to modify the Electric Vehicle Charging Stations Open Access Act. Supports the widespread deployment of electric vehicles. AB 1022 Assemblyman Jay Obernolte (R) Proposes to repeal substantive portions of the Solar Water Heating and Efficiency Act of 2007 approximately three years earlier than originally specified. The act was used to promote, through incentives, the installation of 200,000 solar water heating systems.
June 201 5 Region 9 Review Page 7 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 1034 Assemblyman Jay Obernolte (R) Proposes to exempt the operation of a renewable energy generation facility from requirements of the Surface Mining and Reclamation Act of 1975. AB 1330 Assemblyman Richard Bloom (D) Proposes to enact the Energy Efficiency Resource Standard Act. Mandates energy efficiency programs for buildings. AB 1333 Assemblyman Bill Quirk (D) Proposes to address tariffs for electricity purchased from certain electric generation facilities. AB 1442 purposes of the Use Fuel Tax Law. SB 286 Senator Robert Hertzberg (D) Proposes to expand the use of direct access for the purchase of electricity. SB 350 Senator Kevin de Leon (D) Proposes to expand the California Renewable Portfolio Standards program from 33% by 2020 to 50% by 2050. SB 360 Senator Anthony C. Cannella (R) Proposes to address bio methane collection and distribution. Authorizes the Public Utilities Commission to consider allowi ng gas corporations to engage in competitive bidding and direct investment in ratepayer financed bio methane collection equipment, subject to conditions. SB 427 Senator Jean Fuller (R) Proposes to make amendments to the renewable portfolio standard program. SB 550 Senator Robert Hertzberg (D) Proposes to address net metering. Deletes an exemption for net metering. SB 687 Senator Ben Allen (D) Proposes to require the Air Resources Board to adopt a carbon based renewable gas standard that requires gas sellers to provide specified percentages of renewable gas to retail end use customers for use in California. Increases the percentage over time. Authorizes the board to waive enforcement of the renewabl e gas standard under certain conditions. SB 723 Senator Fran Pavley (D) Proposes to require the Public Utilities Commission to authorize a pilot program to evaluate the effects of using an alternative baseline energy efficiency methodology at Armed Forces bases and facilities. Requires the commission to approve financial incentives for certain energy efficiency measures at Armed Forces base s and facilities. SB 765 Senator Lois Wolk (D) Proposes to address net metering. Requires the Public Utilities Commission to contract with an independent entity and to consult with that entity regarding demand side energy management programs.
Page 8 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status SB 793 Senator Lois Wolk (D) Proposes to amend the green tariff shared renewables program. Requires the Public Utilities Commission to require that a participating utility allow a participating customer to subscribe to the program and receive bill credits. LAND USE AB 644 Assemblyman Jim Wood (D) Proposes to address local approval of building construction in high fire hazard severity zones. AB 1004 Assemblyman Brian Dahle (R) Proposes to authorize the California Tahoe Conservancy to take certain actions to fulfill the purposes of the conservancy an d to promote specified state planning priorities. AB 1061 Assemblyman James Gallagher (R) Proposes to expand the authorities of the Central Valley Flood Protection Board. Authorizes the board to raise and expend monies for flood control. NATURAL RESOURCES AB 300 Assemblyman Luis Alejo (D) Proposes to enact the Safe Water and Wildlife Protection Act of 2015. Establishes the Algal Bloom Task Force. Requires the task force to study impacts of toxic blooms and associated pollution and prepare a report. AB 311 Assemblyman James Gallagher (R) Proposes to address environmental impact reports for water improvement projects. AB 353 Assemblyman Tom Lackey (R) Proposes to require the Department of Fish and Game to authorize take of the unarmored threespine stickleback resulting from impacts attributable to habitat restoration projects on public lands in the Bouquet Canyon area. AB 435 Assemblywoman Ling Ling Chang (R) Proposes to require Natural Resources Agency and the California Environmental Protection Agency to webcast all public meetings and to accept public comments electronically. AB 498 Assemblyman Marc Levine (D) Proposes to protect wildlife corridors. AB 559 Assemblywoman Patty Lopez (D) Proposes to protect monarch butterflies. Authorizes the Department of Fish and Wildlife to partner with federal agencies, no nprofit organizations, academic programs, and private landowners to benefit the butterfly. AB 1251 Assemblyman Jimmy Gomez (D) Proposes to enact the Greenway Development and Sustainment Act. Authorizes certain tax exempt nonprofit organizations to acquire and hold a conservation easement if the organizations have as their primary purpose the development of a greenway.
June 201 5 Region 9 Review Page 9 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 1312 Proposes to address ballast water management in association with the Marine Invasive Species Act. Defines terms. Amends requirements for the State Lands Commission to adopt regulations governing ballast water management practices. Specifies exemptions to ballast water management requirements. Deletes obsolete reporting requirements. AB 1398 Assemblyman Scott Wilk (R) Proposes to enact the Sustainable Environmental Protection Act. Specifies required environmental review pursuant to the California Environmental Quality Act required for projects related to specified environmental topical areas. Prohibits certain challenges to claims of noncompliance with the act. SB 122 Senator Hannah Beth Jackson (D) Proposes to amend public access provisions of the California Environmental Quality Act. Establishes an electronic database clearinghouse of documents prepared pursuant to the act. Requires public review of final repo rts and amends recordkeeping requirements. SB 154 Senator Robert Huff (R) Proposes to make technical, non substantive changes to the definition of SB 223 Senator Cathleen Galgiani (D) Proposes to address invasive species. Requires the Department of Parks and Recreation establish an advisory and oversight committee to monitor activities relating to the management and control or eradication of invasive aquatic plants. SB 520 Senator Tom Berryhill (R) Proposes to repeal provisions of existing law that establish fire prevention fees for habitable structures. SB 756 Senator Jeff Stone (R) Proposes to amend the California Environmental Quality Act. OTHER AB 350 Assemblyman Luis Alejo (D) Proposes to address licensing of pesticide applicators. Specifies that certification for plant growth regulation includes plant and soil health. AB 543 Assemblyman Bill Quirk (D) Proposes to define prohibitions and warnings in Proposition 65. AB 597 Assemblyman Ken Cooley (D) Proposes to enact the Asbestos Tort Claim Trust Transparency Act. Establishes additional procedures with respect to civil actions pertaining to asbestos tort claims. AB 641 Assemblyman Chad Mayes (R) Proposes to address administrative procedures under the California Environmental Quality Act regarding state agency reviews of housing projects.
Page 10 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 729 Assemblywoman Toni Atkins (D) Proposes to address the San Diego Unified Port District territory held in trust. AB 772 Assemblyman Catharine Baker (R) Proposes to require records of the sale of butane be kept for a specified period of time. AB 824 Assemblyman Mike Gatto (D) Proposes to amend the coordination and cooperation with the federal government. AB 1059 Assemblywoman Cristina Garcia (D) Proposes to require the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening by using any relevant environmental data relating to known impacts on the environmental quality of the communit ies in the California Mexico border region. AB 1071 Assemblywoman Toni Atkins (D) Proposes to require California Environmental Protection Agency to establish policy on supplemental environmental projects to benefit environmental justice communities. AB 1080 Assemblyman Jay Obernolte (R) Proposes to AB 1098 Assemblyman Richard Bloom (D) Proposes to address transportation planning. Revises requirements associated with congestion management programs and regional transportation plans. AB 1169 Assemblyman Jimmy Gomez (D) Proposes to address project funding from the Strategic Growth Council. Changes how funding is reported. AJR 11 Assembl ywoman Autumn Burke (D) installations and the disproportionate sacrifices California has endured in previous base realignment and closure (BRAC) rounds. SB 111 Senator Jean Fuller (R) Proposes to address military school funding. Makes appropriations for construction. SB 121 Senator Jean Fuller (R) Proposes to address military school funding and federal school construction grants. SB 140 Senator Mark Leno (D) Proposes to prohibit the sale of tobacco or electronic cigarettes to minors.
June 201 5 Region 9 Review Page 11 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status SB 170 Senator Ted Gaines (R) Proposes to address unmanned aerial vehicles (UAVs). Imposes fines and provides for criminal penalties for violations. SB 262 Senator Cathleen Galgiani (D) Proposes to authorize law enforcement use of UAVs. SB 271 Senator Ted Gaines (R) Proposes to prohibit UAVs in certain areas. SB 486 Senator Mike McGuire (D) Proposes to address telecommunications companies and 911 services. SB 506 Senator Jean Fuller (R) Office of Business and Economic Development to develop a strategic plan for defense retention and conversion efforts. WASTE AB 190 Assemblyman Matthew Harper (R) Proposes to repeal an existing law prohibiting businesses from providing single use carry out bags and establishing minimum fees for recycled paper bags. AB 191 Assemblyman Matthew Harper (R) Proposes to repeal an existing law that establishes per bag fees for businesses providing recycled paper bags. AB 263 Assemblyman Jim Patterson (R) Proposes to require the Department of Toxic Substances Control to periodically update regulations relating to the use of EPA publication SW 846. AB 273 C ommittee On Environmental Safety And Toxic Materials Proposes to address oversight and fees associated with corrective action under hazardous waste laws. AB 276 Committee On Environmental Safety And Toxic Materials lity to pay for or to perform a response action under hazardous waste laws. AB 385 Assemblyman Kansen Chu (D) Proposes to revise the California Integrated Waste Management Act. Requires certain solid waste facilities, including solid waste transfer or processing stations and composting, transformation, and disposal facilities to hold public meetings every six months. Specifies the topics to be add ressed at the public meetings. AB 628 Assemblyman Richard Bloom (D) Proposes to address management of used oil. Clarifies that the synthetic oil source.
Page 12 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 864 Assemblyman Das Williams (D) Propose to require the Department of Resources Recycling and Recovery to issue temporary solid waste facility permits. AB 901 Assemblyman Richard S. Gordon (D) Proposes to amend reporting requirements for recycling and composting operations. AB 997 Assemblyman Travis Allen (R) recycling. Requires the Department of Resources Recycling and Recovery to investigate emerging technologies to convert wastes to feedstocks. AB 1045 Assemblyman Jacqui Irwin (D) Proposes to require state agencies develop and implement policies to aid in diverting 50% of organic waste from landfills b y 2020 by promoting the composting of specified organic waste. AB 1063 Assemblyman Das Williams (D) Proposes to increase the maximum fee paid by a solid waste facility operator to the state. AB 1075 Assemblyman Luis Alejo (D) Proposes to impose penalties for violations of hazardous waste laws. Allows for permit revocation after two violations. AB 1159 Assemblyman Richard S. Gordon (D) Proposes to require the Department of Resources Recycling and Recovery to establish a waste tire recycling incentive program to achieve a 75% recycling rate for waste tires by 1 JAN 18. AB 1239 Assemblyman Richard S. Gordon (D) Proposes to require retail sellers of new tires to end use purchasers to pay a fee of $1.75 per tire. Requires collected fees to be used to fund a waste tire hauler and used tire hauler manifest system. SB 162 Senator Cathleen Galgiani (D) Proposes to address the generation and management of treated wood waste. Removes sunset provisions in existing law regarding treated wood waste. Extends existing law indefinitely. SB 225 Senator Bob Wieckowski (D) Proposes to ensure that the expenditure of funds pursuant to the California priorities for waste reduction and recycling. SB 42 3 Senator Patricia Bates (R) Proposes to define pharmaceutical waste. Excludes certain over the counter human or veterinary drugs and supplements from the definition of pharmaceutical waste.
June 201 5 Region 9 Review Page 13 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status SB 489 Senator Bill Monning (D) Proposes to authorize the Department of Toxic Substances Control to adopt regulations designating certain waste photovoltaic modules as universal waste. SB 509 Senator Ben Hueso (D) Proposes to address labeling requirements for compostable, home compostable, or marine biodegradable. Establishes standards for comm ercial agricultural mulch film. SB 612 Senator Hannah Beth Jackson (D) Proposes to expand business plan requirements for business that handle hazardous materials. Adds requirements for maps in the business plan. SB 654 Senator Kevin de Leon (D) Proposes to address hazardous waste facility permitting. Requires an owner or operator to submit a complete Part A and Part B application at least two years prior to expiration of its existing permit. SB 673 Senator Ricardo Lara (D) Proposes to direct the Department of Toxic Substances to develop new criteria to determine whether to issue or renew a hazardous waste facilities permit. The new criteria would restrict permit re issuance. Requires a person to pay for oversight of corrective action for hazardous waste. SB 732 Senator Richard Pan (D) Proposes to require plastic beverage containers to contain a minimum of 10% post filled material. SB 778 Senator Ben Allen (D) Proposes to require all automotive oil to have a minimum useful life of 10,000 miles. Promotes the use of synthetic oils. WATER AB 78 Assemblyman Devon Mathis (R) Proposes to address groundwater sustainability. Requires the Department of Water Resources to categorize each groundwater basin and sets deadlines for local agencies to develop groundwater sustainability plans for certain basins. AB 92 Assembly Committee On Budget Proposes to establish the Office of Sustainable Water Solutions within the State Water Resources Control Board to promote perma nent and sustainable drinking water and wastewater solutions. Directs the Department of Fish and Wildlife to take specific actions related to water diversions and the protection of salmon and steelhead. Enacted AB 102 Assemblyman Freddie Rodriguez (D) Proposes to address spill response. Creates the Regional Railroad and Surface Transportation Accident Preparedness and Immediate Response Force in the Office of Emergency Services.
Page 14 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 149 Assemblyman Rocky Chavez (R) Proposes to change the frequency that urban water suppl iers are required to update their urban water management plans. AB 152 Assemblyman Frank Bigelow (R) Proposes to make changes to water rights law. AB 153 Assemblyman Frank Bigelow (R) Proposes to make changes to requirements for integrated regional water management plans. AB 307 Assemblyman Devon Mathis (R) Proposes to explicitly permit the usage of residential, commercial, and industrial graywater for the recharge of a groundwate r basin or aquifer. AB 308 Assemblyman Devon Mathis (R) Proposes to explicitly permit incorporated and unincorporated communities to sell graywater for agricultural purposes and agriculture to use graywater for agricultural purposes. AB 434 Assemblywoman Cristina Garcia (D) Proposes to require the State Water Resources Control Board to adopt regulations governing the use of point of entry and point of use treatment by public water systems in lieu of centralized treatment. AB 452 Assemblyman Frank Bigelow (R) Proposes to authorize funding for the Groundwater Regulation Subaccount. AB 453 Assemblyman Frank Bigelow (R) Proposes to require local agencies to amend their existing groundwater management plans until they adopt groundwater sustain ability plans. AB 454 Assemblyman Frank Bigelow (R) Proposes to change the dates by which certain groundwater sustainability plans must be developed. AB 455 Assemblyman Frank Bigelow (R) Proposes to require the court to establish a rule related to proceedings associated with environmental impact reports for projects covered by a groundwater sustainability plan. AB 496 Assemblyman Anthony Rendon (D) Proposes to address funding for drinking water for school districts. AB 606 Assemblyman Marc Levine (D) Proposes to require the Department of General Services to retrofit state property to reduce water consumption. AB 647 Assemblywoman Susan Eggman (D) Proposes to address water rights. Declares that the diversion of water underground constitutes a bene ficial use of water if the diverted water is stored and later applied to a beneficial use or to recover groundwater levels.
June 201 5 Region 9 Review Page 15 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 815 Assemblyman Sebastian Ridley Thomas (D) Proposes to require operators of refineries, marine terminals, or crude oil pipelines to pay oil spill prevention and response fees. AB 935 Assemblyman Rudy Salas (D) Proposes to address how water development grants can be spent. AB 936 Assemblyman Rudy Salas (D) Proposes to address eligibility for groundwater monitoring grants. AB 937 Assemblyman Rudy Salas (D) Proposes to declare that the recharging of a groundwater basin to repel saline intrusion or recover basin groundwater levels is a beneficial use. AB 938 Assemblyman Rudy Salas (D) Proposes to address groundwater sustainability. Establishes a groundwater sustainability agency. AB 955 Assemblyman Devon Mathis (R) Proposes to provide drought assistance. Authorizes the state to provide temporary water supplies to property owners. AB 956 Assemblyman Devon Mathis (R) Proposes to make changes to requirements for negative declarations under the California Environmental Quality Act. Exempts certain water recycling projects from environmental review requirements. AB 1095 Assemblyman Eduardo Garcia (D) Proposes to make appropriations to support projects that fulfill obligations for restoration projects associated with intrastate or multiparty water quantification settlement agreement provisions relating to the Salto n Sea. AB 1139 Assemblywoman Nora Campos (D) Proposes to make nonsubstantive changes to the provision naming the California Water District Law. AB 1173 Assemblyman Das Williams (D) Proposes to address professional certification requirements for backflow prevention testers. AB 1242 Assemblyman Adam Gray (D) Proposes to address groundwater sustainability. Requires the state to evaluate mitigation measures to avoid adverse impacts on groundwater quality or supply. AB 1243 Assemblyman Adam Gray (D) Proposes to address groundwater sustainability. Establishes the Groundwater Recharge Grant Fund. Makes av ailable grants to local governments and water districts for groundwater recharge infrastructure projects.
Page 1 6 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status AB 1362 Assemblyman Richard S. Gordon (D) improvements or service intended to provide for the quality, conservation, control, or conveyance of waters that land on or drain across the natural or man made landscape. AB 1376 Assemblyman Henry T. Perea (D) Proposes to make an appropriation to fund drought related drinking water projects. AB 1390 Assemblyman Luis Alejo (D) Proposes to address adjudication of groundwater rights. Establishes procedures. Authorizes the court to determine all rights to groundwater in a basin whether based on appropriation, overlying right, or other basis of right. AB 1420 Assemblyman Rudy Salas (D) Proposes to require the Division of Oil, Gas, and Geothermal Resources to prioritize the identification and testing of pipelines that are near sensitive areas. AB 1454 Assemblyman Eric Linder (R) Proposes to address trash loads on water quality and a suspended prohibition on single use carry out bags. Provides limited relief to water quality total maximum daily load requirements that were developed based on a plasti c bag ban. The ban is inoperative, pending the results of a referendum election. AB 1463 Assemblyman Mike Gatto (D) Proposes to address onsite recycled water. Requires the state to establish water quality standards and distribution, monitoring, and reporting requirements for onsite water recycling systems prior to authorizing the use of onsite recycled water in internal plumbing of residential and commerc ial buildings. AB 1490 Assemblyman Anthony Rendon (D) Proposes to address oil and gas well stimulation and seismic activities. Prohibits wastewater dis posal wells and all well stimulation treatments within 10 miles of a recently active fault. Restricts well stimulation following an earthquake of specified magnitude and within a specified radius from the epicenter of the earthquake. AB 1531 Committee On Environmental Safety And Toxic Materials Proposes to address state enforcement of the Safe Drinking Water Act. Addresses prohibitions on po int of use treatment and point of entry treatments and permits. SB 7 6 Committee On Budget And Fiscal Review Proposes to revise requirements related to stream diversions and determinations of whether the diversion is deleterious to steelhead and salmon. Imposes penalties.
June 201 5 Region 9 Review Page 17 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status SB 127 Senator Andy Vidak (R) Proposes to modify the Water Quality, Supply, and Infrastructure Act of 2014 (i.e., Proposition 1, 2014). Establishes procedures for public agencies to follow when certifying environmental impact reports for projects developed under the act. SB 143 Senator Jeff Stone (R) Proposes to address recreational use of drinking water sources. Allows certain recreational activities in drinking water reservoirs, if specific conditions are met. SB 144 Senator Richard Pan (D) Proposes to modify the Natomas Basin flood protection project. Adopts a report. SB 173 Senator Jim Nielsen (R) Proposes to address ground water withdrawals and the Sustainable Groundwater Management Act. Defines a de minimis extractor as a p erson who extracts, for domestic purposes, 10 acre feet of water or less per year. SB 208 Senator Ricardo Lara (D) Proposes to address integrated regional water management plans. Addresses funding and grant expenditures. SB 226 Senator Fran Pavley (D) Proposes to amend the Sustainable Groundwater Management Act. Establishes a timely method for determining rights to groundwater in furtherance of the objectives of the Act. SB 228 Senator Anthony C. Cannella (R) Proposes to declare that recharging of a groundwater basin by a local agency for the purposes of repelling saline intrusion and recovering basin groundwater levels constitutes a beneficial use of water. SB 385 Senator Ben Hueso (D) Proposes to address public utility compliance with drinking water standards for hexavalent chromium. Provides additional time to achieve compliance with California hexavalent chromium standards for utilities that submit a compliance plan to the state. SB 487 Senator Jim Nielsen (R) Proposes to exempt plans developed under the Sustainable Groundwater Act from certain California Environmental Quality Act requirements. SB 551 Senator Lois Wolk (D) Proposes to declare the policy of the state that water use and water treatment shall be as energy efficient as is feasible and energ y use and generation shall be as water efficient as is feasible. SB 552 Senator Lois Wolk (D) Proposes to require the State Water Resources Control Board to ensure disadvantaged communities have adequate water resources. Requires a report.
Page 18 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O California Bill Nu mber, Sponsor, and Description Bill Introduced Passed 1 st House Passed 2 nd House Status SB 555 Senator Lois Wolk (D) Proposes to require urban water retail sellers to conduct a water loss audit and submit a report. Requires reports to be posted electronically. SB 568 Senator Jean Fuller (R) Proposes to enact legislation relating to the Groundwater Sustainability Act. SB 615 Senator Tom Berryhill (R) Proposes to require state water boards to waive ce rtain reporting and other requirements for managed wetlands. L EGISLATIVE D EVELOPMENTS The 2015 Hawaii legislative session beg an 21 JAN 1 5 and adjourned 6 MAY 15 An indicates the first time a bill appears in the 2015 Review. Hawaii Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status AIR/CLIMATE CHANGE SB 500 Senator Laura Thielen (D) Proposes to require major infrastructure projects to consider the effects of projected sea level rise over the anticipated li fespan of the project. Carry over to 2016 session ENERGY HB 623 Representative Chris Kalani Lee (D) Proposes to increase renewable energy generation in the state. Increases the renewable energy portfolio standard. Establishes standards and requirements for large self generators of renewable energy. Requires large self generators to achieve 100% renewable energy generation by 2040. Companion bill is SB 715. Enacted HB 892 Representative Joseph Souki (D) Proposes to impose new taxes on petroleum and change the allocation of existing taxes. Allocates more funds to energy and food sustainability efforts and less to the general fund. Companion bill is SB 1061. Carry over to 2016 session SB 715 Senator Mike Gabbard (D) Proposes to increase renewable energy generation in the state. Increases the renewable energy portfolio standard. Establishes standards and requirements for large self generators of renewable energy. Requires large self generators to achieve 100% renewable energy generation by 2040. Companion bill is HB 623. Carry over to 2016 session
June 201 5 Region 9 Review Page 19 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO Hawaii Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status SB 1061 Senator Donna Mercado Kim (D) Proposes to impose new taxes on petroleum and change the allocation of existing taxes. Allocates more funds to energy and food sustainability efforts and le ss to the general fund. Companion bill is HB 892. Carry over to 2016 session LAND USE HB 1430 Representative Jo Jordan (D) Proposes to establish the Makua Valley Reserve Commission to oversee control and management of Makua Valley. Requires the Department of Land and Natural Resources to implement controls and permitted uses for the Valley and provide administrative support to the commission. Carry over to 2016 session NATURAL RESOURCES HB 5 Representative Cynthia Thielen (R) Proposes to require the environmental council to adopt rules that require all environmental impact statements and environmental assessments include climate change analysis. Carry over to 2016 session HB 7 Representative Cynthia Thielen (R) Proposes to address private residences and the Hawaii register of historic places. Exempts private residences not on the Hawaii register of historic places from designation as a historic property in order to exempt tho se properties from state historic preservation review in connection with project permit or land use applications. Carry over to 2016 session HB 465 Representative Scott K. Saiki (D) Proposes to address historic preservation. Requires the Department of Land and Natural Resources to identify the types of projects that have no potential to affect a historic property and the types of properties likely to be eligible for inclusion in the Hawaii register of historic places. Requires the department to develop a plan for completing a comprehensive inventory of historic buildings. Companion bill is SB 877. Carry over to 2016 session HB 469 Representative Gene Ward (R) Proposes to streamline the Historic Preservation Act to increase efficiency, reduce confusion, and adhere to the spirit of the law. Companion b ill is SB 956. Carry over to 2016 session HB 611 Representative Cindy Evans (D) Proposes to a ppropriate funds to digitiz e historic preservation records and positions in the State Historic Preservation Division. Carry over to 2016 session HB 647 Representative Calvin K.Y. Say (D) Proposes to protect native sandalwood trees. Prohibits destruction or harvesting of sandalwood trees. Bans export of raw sandalwood timber. Requires the state to establish policies. Carry over to 2016 session HB 750 Representative Gregg Takayama (D) Proposes to protect native sandalwood trees. Prohibits destruction or harvesting of sandalwood trees. Bans export of raw sandalwood timber. Establishes penalties. Carry over to 2016 session
Page 20 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O Hawaii Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status SB 877 Senator J. Kalani English (D) Proposes to address historic preservation. Requires the Department of Land and Natural Resources to identify the types of projects that have no potential to affect a historic property and the types of properties likely to be eligible for inclusion in the Hawaii register of historic pl aces. Requires the department to develop a plan for completing a comprehensive inventory of historic buildings. Companion bill is HB 465. Carry over to 2016 session SB 956 Senator Sam Slom (R) Proposes to streamline the Historic Preservation Act to increase efficiency, reduce confusion, and adhere to the spirit of the law. Companion bill is HB 469. Carry over to 2016 session OTHER HB 693 Representative Kaniela Ing (D) Proposes to require public notification and disclosure of application of restricted use pesticides. Requires reporting f or application of restricted use pesticides. Requires the state to post reports online. Establishes buffer zones to limit public exposure and drift onto sensitive areas. Carry over to 2016 session HB 1514 Representative Chris Kalani Lee (D) Proposes to require disclosure of outdoor pesticide application near schools, childcare facilities, and agricultu ral entities. Establishes pesticide buffer zones for sensitive areas. Establishes penalties. Carry over to 2016 session HCR 3 Representative Ken Ito (D) Proposes to oppose the U.S. Army's proposed force reduction of Schofield Barracks and Fort Shafter bases. Companion resolution is SCR 3. Enacted HC R 196 Representative Andria Tupola (R) Proposes to request the state to convene a drone policy task force and recommend a statewide policy for unmanned aircraft that protects privacy and allows the use of unmanned aircraft systems for public and private applications. Companion resolution is HR 133. Carry over to 2016 session HCR 219 Representative Chris Kalani Lee (D) Proposes to request the Department of Health establish pesticide buffer zones around sensitive areas and disclosure requirements for entities that use large quantities of restricted use pesticides. Carry over to 2016 session HR 133 Representative Andria Tupola (R) Proposes to request the state to convene a drone policy task force and recommend a statewide policy for unmanned aircraft that protects privacy and allows the use of unmanned aircraft systems for public and private applications. Companion resolution is HCR 196. Carry over to 2016 session SB 575 Senator Russell Ruderman (D) Proposes to prohibit the sale of personal care products that contain synthetic plastic microbeads. Establishes the plastic pollution special fund. Requires violators to pay a fine that is deposited into the general fund and the plastic pollution special fund. Carry over to 2016 session
June 201 5 Region 9 Review Page 21 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO Hawaii Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status SB 661 S enator Willie C. Espero (D) Proposes to establish the Hawaii unmanned aerial systems test site chief operating officer position to serve on the Pan Pa cific Unmanned Aerial Systems Test Range Complex management team. Establishes an advisory board to oversee and manage unmanned aerial systems test site operations. To Governor SB 734 S enator Rosalyn H. Baker (D) Proposes to increase pesticide licensing fees. Addresses use of the pesticide use revolving fund. Carry over to 2016 s ession SB 793 Senator Joshua B Green (D) Proposes to establish mandatory notice, reporting, and use requirements when pesticides are applied outdoors near sensitive areas. Carry over to 2016 session SB 797 Senator Joshua B Green (D) Proposes to establish notice, reporting, and use requirements for any entity or person that uses pesticides under certain circumstances. Carry over to 2016 session SB 799 Senator Joshua B Green (D) Proposes to establish notice, reporting, and use requirements for any entity or person that uses pesticides under certain circumstances. Carry over to 2016 session SB 801 Senator Joshua B Green (D) Proposes to establish notice, reporting, and use requirements for any entity or person that uses pesticides under certain circumstances. Carry over to 2016 session SB 931 Senator Sam Slom (R) Proposes to change the state legislature from the current two chamber system to a single chamber (unicameral) legislature. Car ry over to 2016 session SB 1037 Senator Joshua B Green (D) Proposes to establish a mandatory disclosure program for pesticide use by all persons, under certain circumstances. Carry over to 2016 session SCR 3 Senator Donovan Dela Cruz (D) Proposes to oppose the U.S. Army's proposed force reduction of Schofield Barracks and Fort Shafter bases. Companion resolution is HCR 3. Enacted WASTE HB 754 Representative Nicole Lowen (D) Proposes to prohibit establishments from providing food in polystyrene foam containers beginning 1 JAN 16. Carry over to 2016 session HB 1245 Representative Sharon E. Har (D) Proposes to establish a pilot program for products that are not easily recycled in Hawaii. Companion bill is SB 180. Carry over to 2016 session H CR 143 Representative Feki Pouha (R) Proposes to request the Department of Health to promptly examine all alleged violations in the solid waste recycling industry and to equitably enforce pertinent laws and rules. Carry over to 2016 session
Page 22 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O Hawaii Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status SB 180 Senator Donovan Dela Cruz (D) Proposes to establish a pilot program for products that are not easily recycled in Hawaii. Companion bill is HB 1245. Carry over to 2016 session SB 703 Senator Mike Gabbard (D) Proposes to increase the solid waste management surcharge for waste disposal. Establishes a new surcharge for waste at certain waste to energy facilities. Carry over to 2016 session SB 1325 Senator Maile S.L. Shimabukuro (D) Proposes to require documentation that waste disposal contracts include proof that waste was properly disposed of before payment is made. Carry over to 2016 session WATER HB 645 Representative Calvin K.Y. Say (D) Proposes to address funding and repair of leaking petroleum underground storage tanks at Red Hill. Carry over to 2016 session HB 835 Representative Jarrett Keohokalole (D) Proposes to establish requirements for the Department of Health regarding water quality certification applications. Carry over to 2016 session HB 872 Representative Kaniela Ing (D) Proposes to specify that naturally occurring beach sand is not considered a water pollutant if used for beach erosion mitigation and certain related purposes. Carry over to 2016 session HB 1325 Representative Joseph Souki (D) Proposes to authorize counties to establish and charge user fees for stormwater management. Companion bill is SB 1310. Enacted SB 540 Senator Gilbert Kahele (D) Proposes to specify time limits for regulatory approval/disapproval of section 401 water quality permit applications. Carry over to 2016 session SB 1168 Senator Mike Gabbard (D) Proposes to require field constructed underground storage tanks to meet the same requirements as other underground storage tanks under Hawaii Administrative Rules, Chapter 11 281. Carry over to 2016 session SB 1310 Senator Laura Thielen (D) Proposes to authorize counties to establish and charge user fees for stormwater management. Companion bill is HB 1325. Carry over to 2016 session In addition, the Guam 33 rd legislative session began 12 JAN 15 and adjourns 31 DEC 16.
June 201 5 Region 9 Review Page 23 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO L EGISLATIVE D EVELOPMENTS The 2015 Nevada legislative session beg an 2 FEB 15 and adjourned 1 JUN 15 Nevada Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status AIR/CLIMATE CHANGE SB 438 Commerce, Labor And Energy Committee Proposes to provide for the development and implementation of a state emissions plan to reduce certain carbon dioxide emissions. Failed upon adjournment ENERGY AB 32 Taxation Committee Proposes to revise provisions relating to special fuels. Revises taxes, measurements, and recordkeeping. Enacted SB 150 Senator Kelvin Atkinson (D) Proposes to create local improvement districts that include an energy efficiency improvement project or a renewable energy project. Failed upon adjournment SJR 2 Senator Peter Goicoechea (R) Proposes to urge Congress to share certain funds generated from commercial activity on public lands with the state. Enacted LAND USE AB 202 Assemblyman Ira Hansen (R) Proposes to authorize a county board of commissioners to enter into real estate transactions with the f ederal government. Authorizes the State Land Registrar to transfer state owned property to Mineral County. Enacted AB 408 Assemblywoman Michele Fiore (R) Proposes to authorize the county sheriff to enter into an agreement with a federal agency concerning primary responsibility or the exe rcise of law enforcement authority on land managed by a federal agency. Provides that county sheriffs are the primary law enforcement officers in unincorporated counties. Failed upon adjournment AB 423 Transportation Committee Proposes to provide for a study on transportation infrastructure and funding. Failed upon adjournment SB 456 Transportation Committee Proposes to revise certain provisions concerning the control and preservation of certain accessory roads. Addresses roads that cross certain federal lands. To Governor NATURAL RESOURCES AB 34 Government Affairs Committee Proposes to repeal provisions governing certain fire protection districts and fire safety. Enacted
Page 24 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O Nevada Bill Number, Sponsor, and Description Bill Introduced Passed 1st House Passed 2nd House Status AB 163 Assemblyman Ira Hansen (R) Proposes to create rangeland fire protection associations. Enacted SB 277 Senator Richard Segerblom (D) Proposes to enact the Nevada Environmental Policy Act. Requires state and local agencies to prepare environmental reports that analyze e nvironmental impacts of agency activity and certain private activity. Failed upon adjournment OTHER AB 146 Assembly Committee On Transportation Proposes to revise provisions governing motor vehicle licensing. Enacted SB 179 Senator David R. Parks (D) Proposes to revise provisions exempting manufacturers of electric vehicles from requirements related to franchising. Failed upon adjournment WASTE SB 122 Senator Moises Denis (D) Proposes to require a contractor to dispose of certain solid waste produced by construction, demolition, or similar work at certain materials recovery facilities. Failed upon adjournment SB 297 Senator Joseph P. Hardy (R) Proposes to revise provisions regarding redevelopment plans. Addresses redevelopment associated with abandoned mines or milling facilities on federal lands. Enacted WATER AB 415 Natural Resources, Agriculture, And Mining Committee Proposes to revise provisions relating to the use of water in a federal reclamation project. Revises definitions. Enacted AB 430 Natural Resources, Agriculture, And Mining Committee Proposes to revise provisions governing channel clearing. Requires the State Engineer to create and maintain a list of proposed maintenance or other projects for a navigable river. Failed upon adjournment SB 81 Government Affairs Committee Proposes to revise provisions relating to the management and appropriation of water. Increases management and oversight of groundwater sources and regulates withdrawals. Failed upon adjournment SB 89 Natural Resources Committee Proposes to revise provisions regarding expenditures from petroleum cleanup funds. Enacted SJR 10 Senator Richard Segerblom (D) Proposes to request the National Research Council of the National Academy of Sciences to conduct an independent scientific and economic analysis of the management of the Colorado River. Failed upon adjournment
June 201 5 Region 9 Review Page 25 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO N EW A RMY DASA S ELECTED Mr. Eugene Collins was selected as Deputy Assistant Secretary of the Army (DASA) for Environment, Safety and Occupational Health (DASA (ESOH)). Mr. Collins joins ESOH from Headquarters, US Air Force, where he served as the Deputy Director of Logistics in the office of the D eputy Chief of Staff for Logistics, Installations and Mission Support. Mr. Collins has a broad background in public service. He served in the Air Force for 26 years and in a variety of other organizations, to include the U S Department of Health and the I nternal Revenue Service. I NSTRUCTION AND R EGULATIONS E NVIRONMENTAL C OMPLIANCE IN THE U NITED S TATES DoD reissued Department of Defense Instruction (DoDI) 4715.06 (Environmental Compli ance in the United States), effective 4 MAY 15. The DoDI establishes policy, assigns responsibilities, and provides procedures for achieving and maintaining environmental compliance in the United States. H IGH G LOBAL W ARMING P OTENTIAL H YDROFLUOROCARBONS D oD, the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation (FAR) to implement executive branch policy in the President's Climate Action Plan to procu re alternatives to high global warming potential hydrofluorocarbons when possible ( 80 FR 26883 ). The amendments will allow the agencies to better meet the greenhouse gas (GHG) emi ssion reduction goals and reporting requirements of Executive Order (EO) 13693 which subsumes EOs 13423 and 13514. Comments are due 10 JUL 15. P LANNING D OCUMENTS A RMY E NERGY S ECURITY AN D S USTAINABILITY S TRATEGY The U.S. Army published and released its strategic roadmap to future energy security and sustainability. The document complements the Office of the Assistant Secretary of the Army Installations, Energy and Environment Strategy 20 25 and the Army Strategy for the Environment by emphasizing energy and including recognition of water and land as equally essential resources. For the first time, the Army is moving toward a perspective that considers the critical role of energy, water, an d land resources as mission enablers. The Energy Security and Sustainability (ES2) Strategy outlines five goals, which will be achieved through steady progress across the Army enterprise materiel, readiness, human capital, services and infrastructure with targeted measures and metrics as guides. These goals are Inform Decisions, Optimize Use, As sure Access, Build Resiliency, and Drive Innovation. The ES2 Strategy expands on and replaces the 2009 Army Energy Security Implementation Strategy by including operational energy and sustainability while strengthening the focus on resource management for the Army. A press release is available here R EPORTS GAO O BSERVATIONS ON A RMY A VIATION R ESTRUCTURING The Government Accountability Office (GA O) completed a year undertaking that would reduce the size of the Army's aviation force and rebalance its capabilities by removing all AH 64 attack helicopters (Ap aches) from the Army National Guard. Upon review of the Army's analyses of two competing aviation force structure proposals, GAO found the analyses enabled the Army to compare the force structure proposals with respect to their abilities to meet future com bat requirements and relative costs. GAO concluded that the Army's analyses had two key limitations: The Army's analyses did not evaluate how the proposals would have performed under modified scenarios that varied the rate at which units would deploy into a major combat operation, or the duration of the major
Page 26 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O combat operation. Although GAO conceded the analysis enabled Army leaders to credibly assess the proposals, GAO observed that additional sensitivity would have provided Army officials with additional insights. The Army's cost estimates were limited as a means of projecting actual costs and potential cost savings because they do not capture all the costs associated with unit conversion. GAO observed that if additional requirements are not addressed, the Army may be delayed in restoring unit readiness once the restructuring is completed. To view report highlights, click here To view the entire 14 page report, click here N AVAL B ASE C ORONADO EPA released comments to the Final Environmental Impact Statement (EIS) for the Naval Base Coronado Coastal Campus. The final EIS concluded there is a potential for inundation of the southern portion of the site under sea level rise after 2050. EPA encourages the Navy to consider whether any protective design features could be incorporated into the proposed project at this time that could reduce the potential need for coastal armoring in the future. Y UMA P ROVING G ROUND EPA released comments to the U.S. Marine Corps (USMC) Final Programmatic EIS (PEIS) for Yuma Proving Ground Activities and Operations. The agency is satisfied with the additional information provided in response to the draft PEIS and recommends commitments for mitigation, monitoring, and similar activities be incorporated in the Record of Decision Want to comment on something in the Review? Contact Mark Mahoney Region 9 Environmental Coordinator at (303) 844 0956. A IR B ACKUP G ENERATOR E MISSIONS The U.S. Court of Appeals, District of Columbia Circuit ruled that EPA acted arbitrarily and capriciously when it modified NESHAP and p erformance standards to allow backup generators to operate without emissions controls for up to 100 hours per year as part of an emergency demand response program. The court hour exemption for emergency engines under 40 CFR 63.6640(f)(2) 60.4211(f)(2), and 60.4243(d)(2) and remanded them to EPA for further action. The opinion was issued 1 MAY 15. NSPS E LECTRONIC R EPORTING EPA extended the public comment period for its proposed Electronic Reporting and Recordkeeping Requirements for NSPS to 18 JUN 15 ( 80 FR 28571 ). For more information, contact Gerri Garwood at (919) 541 2406. ECHO N O W I NCLUDES C LEAN A IR A CT V IOLATION AND E NFORCEMENT D ATA EPA released ECHO Version 2.4 featuring updated Clean Air Act (CAA) stationary source data and a tailored search interface. ECHO provides information about environmental inspections, violations, and enforcement actions for EPA regulated facilities such as power plants, factories, and federal facilities. The information in ECHO is updated weekly. GHG T AILORING R ULE EPA is amending federal Prevention of Significant Deterioration (PSD) program regulations to allow for rescission of certain PSD permits under Step 2 of the PSD and Title V GHG Tailoring Rule ( 80 FR 26183 ). The agency is taking this action in order to provide a mechanism for it and delegated reviewing authorities to rescind PSD permits that are no l onger required in light of the U.S. Supreme Court's decision vacating that rule. The decisions
June 201 5 Region 9 Review Page 27 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO determined that Step 2 of the Tailoring Rule was not required under CAA and vacated the EPA regulations implementing Step 2. The final rule is effective 6 JUL 15 unless the agency received adverse comment by 8 JUN 15. NO 2 R EVIEW EPA is reviewing the primary National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO 2 ) ( 80 FR 27304 ). The agency is requesting comment on the document titled Review of the Primary National Ambient Air Quality Standards for Nitrogen Dioxide: Risk and Exposure Assessment Planning Document The plan presents considerations and the proposed approach f or conducting quantitative analyses of NO 2 exposures or health risks in the current review of the primary NO 2 NAAQS. The document is intended to facilitate Clean Air Scientific Advisory Committee (CASAC) advice and public input in advance of reaching decis ions on these quantitative analyses. Comments are due 3 JUL 15. For more information, click here to visit the NO 2 planning documents website. W ITHDRAWN : A MENDMENTS TO V ARIOUS M OBILE S OURCE R EGULATIONS EPA withdrew amendments to certain elements of the Tier 3 amendments final rule published 19 FEB 15 because it received adverse comment ( 80 FR 26463 ). The agency intends to consider the comments received and proceed with a new final rule for the withdrawn elements. The remaining elements will go into effect pursuant to the direct final rule. Effective 5 MAY 15, EPA withdre w the amendments to 40 CFR 80.1453, 80.1616, and 80.1621 published on 19 FEB 15 ( 80 FR 9078 ) A RIZONA SIP EPA is proposing to partially approve and partially disapprove revisions to the Arizona State Implementation Plan (SIP) that address the 2008 lead and 2008 ozone NAAQS ( 80 FR 27127 ). Comments are due 11 JUN 15. C ALIFORNIA GHG R EDUCTION T ARGETS California Governor Jerry Brown issued EO B 30 15 establishing an interim statewide GHG emission reduction target for California. The EO set a target of reducing GHG emissions to 40% below 1990 levels by 2030. The order contains additional provisions addressing infrastructure planning and investment decisions to take current and future climate change impacts into account. C ALIFORNIA : S PARK I GNITION M ARINE E NGINE AND B OAT R EGULATIONS EPA is granting the California Air Resources request for authorization of California's amendments to its Spar k Ignition Marine Engine and Boat regulations ( 80 FR 26032 ). EPA's decision also confirms that some 2008 amendments are within the scope of prior EPA authorizations. The 2008 amen dments apply to spark ignition marine outboard motors, personal watercraft, and stern drive and inboard engines subject to California emissions regulations. C ALIFORNIA : S MALL O FF R OAD E NGINES Small Off Road Engines (SORE) regulation are within the scope of previous EPA authorizations ( 80 FR 26041 ). The 2008 amen dments modify provisions through which manufacturers may generate and use emission credits to comply with SORE emission standards and establish an ethanol blend certification fuel option. CARB's SORE regulations apply to all small off road engines rated at or below 19 kilowatts (kW) (25 horsepower (hp)). C ALIFORNIA : N ONROAD E NGINE P OLLUTION C ONTROL S TANDARDS amendments to its mobile cargo handli ng equipment at ports and intermodal rail yards regulations, referred to as the CHE amendments ( 80 FR 26249 ). EPA is also confirming that certain CHE amendments are within the scope of prior EPA authorizations. CARB's mobile cargo handling equipment at ports and intermodal rail yard regulations apply to all newly purchased, leased, or rented on and off road ve hicles and equipment, as well as in use on and off road vehicles and equipment, with compression ignition engines that operate at ports and intermodal rail yards. C ALIFORNIA SIP: S OUTH C OAST EPA approved revisions to the South Coast Air Quality Manage ment District portion of the California SIP ( 80 FR 24821 ). The agency approved loca l rule 1325 (Federal PM2.5 New Source Review Program). Rule 1325 governs permits for major stationary sources and major modifications located in areas designated as nonattainment for the PM2.5 NAAQS to meet CAA Part D requirements for emissions of PM2.5 an d PM2.5 precursors. The final rule was effective 1 JUN 15.
Page 28 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O N EVADA SIP ( 80 FR 28893 ). The agency is approving revisions addressing the 2008 ozone, 2010 NO 2 and 2010 sulfur dioxide (SO 2 ) NAAQS. EPA is also proposing to reclassify certain regions of the state for SO 2 emergency episode planning and remove obsolete language from the Nevada SIP. Comments are due 19 JUN 15. C LIMATE C HANGE C LIMATE C HANGE A DAPTATION In October 2011, the Interagency Climate Change Adaptation Task Force published the "National Action Plan: Priorities for Managing Freshwater Resources in a Changing Cli mate." The National Action Plan was developed by the Water Resources and Climate Change Adaptation Workgroup made up of federal agencies with responsibilities for water management. This recent report highlights progress made in 2014 implementing the plan and describes the specific tasks that federal agencies are planning to undertake in 2015. The work described in this report reflect s a comprehensive, coordinated, and conti nuing effort by federal agencies to respond to the challenges for water resources management posed by climate change. C OMMUNITY R ESILIENCE P LANNING The National Institute of Standards and Technology (NIST) released a draft guide to help communities plan for windstorms, floods, earthquakes, sea level rise, industrial mishaps, and other hazards ( 80 FR 23256 ). The draft guide consists of two volumes. The first provides an overview of community resilience and summarizes six steps involved in developing and implementing a resi lience plan. It also provides an example of how a fictional community uses the framework to plan and guide resilience efforts. The second volume serves as a detailed resource to support the six steps. It includes sections on characterization of social and economic functions, buildings, transportation, energy, communication, water and wastewater and community resilience metrics. Comments are due 26 JUN 15. E NERGY R ENEWABLE F UEL S TANDARD EPA is proposing to adjust the amount of renewable fuels required under the Renewable Fuel Standard (RFS) for program years 2014 2016. The proposed rule would lower the amounts of cellulosic biofuel, biomass based diesel, ad vanced biofuel, and total renewable fuel for gasoline and diesel fuel produced or imported in years 2014 through 2016. The agency is also proposing to adjust (lower) the amount of biomass based diesel required in 2017. Although the agency is proposing a lo wer amount of renewable fuels than originally established in the RFS, the proposed amounts would result in renewable fuel use above historic levels. The agency is taking this action because it believes the original standards cannot be achieved. A public he aring is scheduled for 25 JUN 15. Comments are due 27 JUL 15. The RFS website is available here and a fact sheet is available here E NERGY E FFICIENCY I MPROVEMENT A CT OF 2015 Signed by President Obama on 30 April 2015, this act mandates the GSA Administrator develop model commercial le asing provisions and best practices to promote energy efficiency and water efficiency in federal and other buildings. This act also amends the Energy Independen ce and Security Act of 2007 ESPC FOR S MALL P ROJECTS Contract (ESPC) ENABLE program provides a standardized and streamlined p rocess for small federal facilities to install targeted energy conservation measures (ECMs) in six months or less. Through the program, smaller federal facilities have the opportunity to upgrade their old equipment, contribute to a number of sustainability initiatives, and enhance their ability to fulfill their stated mission. In May 2015, the Air Force announced it had awarded the first contract under ESPC ENABLE in the DoD. The project invo lves an upgrade of exterior lighting at Laughlin Air Force Base in Texas. For more information, click here to view a sheet or visit the ESPC Enable website. R EPORT : E NABLING W IND P OWER N ATIONWIDE The Department of Energy (DOE) released a report titled Enabling Wind Power Nationwide The report describes the current state of wind technology and transportation considerations and details future technology pathways for technical innovation in towers, rotors, drivetrains, and component transport and installation. The rep ort also analyzes and quantifies the geographic expansion that could be enabled by
June 201 5 Region 9 Review Page 29 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO accessing higher above ground heights for wind turbines and considers the means by which this new potential could be responsibly developed. According to the report, market t rends and technological innovations are increasingly unlocking cost effective wind in regions with more moderate wind resources. Based on an advanced turbine concept and assuming hub heights of 110 meters (m), the technical potential for wind deployment is estimated to grow to 4.3 million square kilometers (km 2 ), a 54% increase compared to current technology. By pursuing hub heights of 140 m, the technical potential for wind deployment is estimated to grow to 4.6 million km 2 a 67% increase compared to curr ent technology. W AVE E NERGY C OMPETITION DOE launched a Wave Energy Prize competition designed to achieve performance enhancements to wave energy conversion devices, establishing a pathway to significant cost reductions on a commercial scale ( 80 FR 25286 ). The competition consists of three phases design, build, and test and evaluation. Winners will be announced by the end of 2016. For more information, visit waveenergyprize.org G UAM S OLAR P ROJECT The Navy released a draft environmental assessment (EA) about its proposal to lease nearly 2 00 acres to the Guam Power Authority to install photovoltaic solar panels capable of generating up to 43.8 megawatts of power. The Commander, Joint Region Marianas is proposing to provide a 37 year lease to the power authority of four sites in Northern Gua m and four sites at Naval Base Guam. The energy generated by the solar arrays click here N ATURAL R ESOURCES I NTEGRATED R ANGELAND F IRE M ANAGEMENT S TRATEGY TO P ROTECT S AGE G ROUSE The Department of Interior (DOI) released a strategy to address the increasing threat of wildfires that are damaging vital sagebrush landscapes and productive rangel ands in the West. Given the scope and magnitude of the challenges of a landscape that crosses 11 western states and two Canadian Provinces, the strategy relies on the Fire and Invasive Assessment Tool (FIAT) to identify and prioritize important sage steppe and greater sage grouse habitat and calls for greater use of effective adaptive management to ensure that design practices and implementation strategies reflect both emerging scientific findings and knowledge gained from past actions. The strategy builds on wildland fire prevention, suppression and restoration efforts to date, including the 2014 National Cohesive Wildland Fire Management Strategy and is the final report called for in Secretarial Order 3336 Efforts to conserve and protect sagebrush habitat are the centerpiece of an historic effort to address threats to greater sage ordered 2015 deadline for determining whether the bird warrants Endangered Species Act (ESA) protection. Click here to read more about the greater sage grouse and work to conserve sagebrush landscape. R OCKY M OUNTAIN R EGION G REATER S AGE G ROUSE L AND U SE P LAN A MENDMENTS AND F INAL EIS S Through two separate announcements, the Bureau of Land Management (BLM) and U.S. Forest Service (USFS) released proposed Land Use Plan Amendments (LUPA) and final Environmental Impact Statements (EISs) for the Rocky Moun tain Region greater sage grouse ( 80 FR 30703 ) and the Great Basin Region greater sage grouse ( 80 FR 30 711 ). The Rocky Mountain Region greater sage grouse LUPA and EISs cover planning units in Wyoming, Lewistown (Montana), Northwest Colorado, and North Dakota, while the Great Basin Region greater sage grouse LUPA and EIS cover planning units in Idaho, South western Montana, Nevada, Northeastern California, Oregon, and Utah. Four final EISs are being conducted in the Rocky Mountain Region and four in the Great Basin Region. The planning effort focuses on the remaining habitat of the greater sage grouse on BLM and USFS lands. The EISs focus on conserving priority habitat areas that have been identified as having the highest value to maintaining the species and its habitat. Within priority habitat, specific areas have been identified as sagebrush focal areas. Sa gebrush focal areas are important landscape blocks with high breeding population densities of sage grouse and existing high quality sagebrush. The EISs also designate general habitat management areas, which provide greater flexibility for land use activiti es. The plans contain three common approaches:
Page 30 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O Minimize new or additional surface disturbance: The plans seek to reduce habitat fragmentation and protect intact habitat by implementing surface disturbance caps on development, minimizing surface occupancy from energy development, and identifying buffer distances around leks areas critical to the sage grouse life cycle. Improve habitat condition: Where there are unavoidable impacts to habitat from development, the plans will require mitigation efforts to en hance and improve sage grouse habitat. Reduce threat of rangeland fire: Rangeland fire can lead to the conversion of previously healthy sagebrush habitat into non native, cheatgrass dominated landscapes. The plans seek to fight the spread of cheatgrass an d other invasive species, position wildland fire management resources for more effective rangeland fire response, and accelerate the restoration of fire impacted landscapes to native grasses and sagebrush. Comments are due 29 JUN 15. For more information visit BLMs sage grouse and sagebrush conservation website click here to view a press release, or click here to view a fact sheet. N ATIONAL S TRATEGY FOR H ONEY B EES AND M ONARCH B UTTERFLIES The White House Pollinator Health Task Force released a National Strategy to Pr omote the Health of Honey Bees and Other Pollinators in May 2015. The strategy outlines a comprehensive approach to tackling and reducing the impact of multiple stressors on pollinator health, including pests and pathogens, reduced habitat, lack of nutriti onal resources, and exposure to pesticides. It lays out current and planned federal actions to achieve these overarching goals: Honey Bees: Reduce honey bee colony losses during winter to no more than 15% within 10 years. Monarch Butterflies: Increase the eastern population of the monarch butterfly to 225 million butterflies occupying an area of approximately 15 acres in overwintering grounds in Mexico by 2020 through domestic/international actions and public/private partnerships by 2020. Pollinator Habitat Acreage: Restore or enhance seven million acres of land for pollinators over the next five years through federal actions and public/private partnerships. N OISE FAA P OLICY The Federal Aviation Administration (FAA) posted a policy statement regarding the r equired use of its Aviation Environmental Design Tool version 2b (AEDT 2b) to analyze noise, fuel burn, and emissions for FAA actions under the National Environmental Policy Act (NEPA) ( 80 FR 27853 ). AEDT 2b, a comprehensive software tool that provides information to FAA stakeholders on specific environmental impacts, facilitates environmental review activities required under NEPA by consolidatin g the modeling of these environmental impacts in a single tool. The policy was effective 29 MAY 15. P ESTICIDES P ESTICIDES D ASHBOARD The Pesticides Dashboard will initially present three years of compliance and enforcement activity data on the regulated universe of pesticide producing establishments, thu s making Federal Insecticide, Fungicide, and Rodenticide Act compliance information available to anyone with Internet access. Future screens will focus on compliance with worker protection standards. On the dashboard, the public can view and download infor mation about the number of pesticide producing establishments, inspections, and the government response to these violations during the three most recent years. Data is presented for states, tribes, EPA regions, and the nation as a whole. T HREATENED AND E N DANGERED S PECIES P ETITIONS FOR T HREATENED AND E NDANGERED S PECIES FWS and the National Marine Fisheries Service (NMFS) are proposing to revise their regulations governing petitions for threatened and endangered species conservation ( 80 FR 29286 ). The revisions would clarify and enhance the procedures by which the services will evaluate petitions under
June 201 5 Region 9 Review Page 31 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO ESA Section 4(b)(3). The proposed changes are also intended to streamline the pro cesses by which the services process petitions. Comments are due 20 JUL 15. W ASTE P OST C LOSURE C ARE EPA is seeking comment on the draft memorandum, Guidelines for Evaluating and Adjusting the Post Closure Care Period for Hazardous Waste Disposal Facilities under Subtitle C of the Resource Conservation and Recovery Act ( RCRA ) The guidelines assist regulators in evaluating the post closure care period for hazardous waste dispos al facilities subject to RCRA C and determining whether that length of time should be adjusted. The draft guidance also provides information to assist facility owners and operators in preparing documentation to support a decision to adjust the post closur e care period. Once finalized, the guidance will lend greater transparency and efficiency to the decision making process. EPA specifically requests comments from operating treatment storage and disposals facilities, permit writers, trade associations, and environmental groups. Comments are due 30 JUN 15. W ATER D ISCHARGE M ONITORING R EPORT P OLLUTANT L OADING T OOL EPA's Discharge Monitoring Report (DMR) Pollutant Loading Tool has a new search feature that identifies i nstances when industrial facilities and sewage treatment plants discharge wastewater pollution in exceedance of their CWA permit effluent limits. The tool calculates pollutant loadings from permit and DMR data from EPA's Integrated Compliance Information S ystem for the National Pollutant Discharge Elimination System (ICIS NPDES). Data are available from the year 2007 to the present. Pollutant loadings are presented as pounds per year and as toxic weighted pounds per year to account for variations in toxicit y among pollutants. USACE PROSPECT T RAINING USACE announces course availability for the FY15 PROSPECT (i.e., Proponent Sponsored Engineer Corps Training) program. Courses are open to all federal, state, county, and city employees and contractors. There are different registration processes for each entity. Please refer to the Course Catalog and List of Classes and schedule for details. Environmental courses include, but are not limited to: Environmental Regulations Practical Application Cour se (Course Control Number (CCN) 398) CERCLA/RCRA Process (CCN 356) Hazardous Waste Manifesting & DOT Certification (CCN 223) Hazardous Waste Manifesting 16 Hour DOT Recertification Course (CCN 429) Radioactive Waste Transport (CCN 441) Hazardous/Toxic and Radioactive Waste Construction Inspection (CCN 141) Environmental Remediation Technologies (CCN 395) Environmental Laws and Regulations (CCN 170) N AVY AND ISEERB E NVIRONMENTAL T RA INING The Navy and the Interservice Environmental Education Review Board (ISEERB) Environmental Training schedule is available. Course topics include environmental overview and management, law planning and sustainability, pollution prevention, restoration conservation, supplemental and Internet/computer based training, and more. A IR F ORCE C IVIL E NGINEERING S CHOOL T RAINING The Air Force Civil Engineering School offers a variety of environmental management courses and seminars, including ISEERB offerings. Courses offered by the Civil Engineer School are available to all military and civilian employees of the U.S. government, free of charges. Travel costs are borne by the student.
Page 32 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O D EFENSE AND F EDERAL E NVIRONMENTAL T RAINI NG /A WARENESS The U.S. Army offers numerous environmental training courses (classroom and online) Explore training opportunities on the US Army Environmental Command (AEC) website which has li nks to training provided by DoD organizations. F EDERAL T RAINING S OURCES F EDERAL F ACILITIES E NVIRONMENTAL S TEWARDSHIP AND C OMPLIANCE A SSISTANCE C ENTER FedCenter.gov is the federal government's home for comprehensive environmental stewardship, compliance assistance, and professional development information. FedCenter.gov provides a wide variety of information in the following areas: Program development (e.g., environ mental management systems, green procurement program); Federal and state regulatory requirements for various facility activities; Regulatory Watch for information on new or changed laws or regulations; P2 opportunities and best management practices; EPA enforcement notices; Links to state environmental programs; Access to environmental assistance ; Access to free, FedCenter sponsored courses: o En vironmental Compliance for Federal Laboratories (FedCenter membership required); o Environmental Management Systems (FedCenter membership required); o U nderground Storage Tanks (FedCenter membership required); Environmental conferences meetings, training and workshop information; Applicable laws and Executive Orders; and Industry sector specific newsletters. FedCenter also provides member assistance services such as: Collaboration tools for workgroups, Environmental reporting tools, and Daily newsletter and subscription service s. O NLINE T RAINING : S CHEDULED E VENTS SERDP AND ESTCP W EBINAR S ERIES The DoD environmental research and development funding programs ( SERDP and ESTCP ) are launching a webinar series to promote the transfer of innovative, cost effective and sustainable solutions developed using SERDP and ESTCP funding. Live webinars will be offered every two weeks o n Thursdays from 12:00 p.m. Eastern for 90 minutes. Most webinars will feature two 30 minute presentations and interactive question and answer sessions, on topics targeted for DoD and DOE audiences. Prior presentations are archived for viewing any time. Ma nagement of Contaminated Sediments Sites (20 NOV 14) Waste to Energy Technologies (4 DEC 14) Energy Audits (18 DEC 14) DNAPL (Dense Non Aqueous Phase Liquid) Source Zone Management (8 JAN 15) Sustainable Materials (22 JAN 15) Acoustic Methods for Underwate r Munitions (5 FEB 15) Solar Technologies (19 FEB 15) Lead Free Electronics (5 MAR 15) Bioremediation Approaches at Chlorinated Solvent Sites (19 MAR 15) Resource Conservation and Climate Change (26 MAR 15) Blast Noise Measurements and Community Response ( 16 APR 15) Munitions Mobility (7 MAY 15) Managing Munition Constituents on Training Ranges (28 MAY 15)
June 201 5 Region 9 Review Page 33 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO FEMP E T RAINING C OURSES The Federal Energy Management Program (FEMP) offers interactive, online eTraining courses to help federal agencies develop core competencies and comply with energy efficiency and renewable energy water management and sustainability requirements. FEMP is partnering with the National Institute of Building Sciences' Whole Building Design Guide (WBDG) to host these comprehensive, FEMP developed eTraining courses. Promotional mate rials are available to help federal agencies encourage the completion of FEMP's eTraining courses. For more information about FEMP eTraining courses, contact Beverly Dyer at (202) 586 7753. The following courses are available: Advanced Electric Metering in Federal Facilities (3.5 hours, .40 CEUs) Building Automation Systems for Existing Federal Facilities (3.5 hours, .40 CEUs) Commissioning for Existing Federal Buildings (4.5 hours, .50 CEUs) Energy Efficient Federal Purchasing (4.5 hours, .50 CEUs) Energy Savings Performance Contracting (8.5 hours, .90 CEUs) Federal On Site Renewable Power Purchase Agreements (2.5 hours, .30 CEUs) Launching a Utility Energy Services Contract (UESC): Getting to Yes! (3 hours, .40 CEUs) Managing Water Assessment in Federal Facilities (3.5 hours, .40 CEUs) Measurement and Verification in ESPCs (3 hours, .40 CEUs) Planning an Energy Assessment for Federal Facilities (4 hours, .50 CEUs) Selecting, Implementing, and Funding Photovoltaic Systems in Federal Facilities (3.5 hours, .40 CEUs) Sustainable Institutional Change for Federal Facility M anagers (3 hours, .40 CEUs) Utility Service Contracts and Energy Project Incentive Funds (90 minutes) E NERGY S TAR W EBCASTS Among the offerings: Portfolio Manager 101 Star Portfolio Manager tool. Attendees will learn to navigate the Portfolio Manager, add a property and enter details, enter energy and water consumption data, share properties, generate performance reports to assess progress, and respond to data requests. Portfolio Manager 201 Manager tool, including managing and tracking changes to p roperty uses over time; using spreadsheet templates to update property data; setting goals and targets to plan energy improvements for properties; generating and using custom reports; and using the Sustainable Buildings Checklist. C LIMATE C HANGE S CIENCE AND M ANAGEMENT W EBINAR S ERIES This webinar series was developed to inform scientists, land managers, and the public about potential and predicted climate change impacts on fish and wildlife and to help guide resource management decisions across the United States. Video recordings with closed captioning a re made available one to two weeks after each presentation. R EADINESS AND E NVIRONMENTAL P ROTECTION I NTEGRATION P ROGRAM Webinar Series The REPI Webinar Series i s presented by DoD in partnership with the Land Trust Alliance This online series covers best practices, tutorials and knowledge sharing on REPI partnerships that support military mission and accelerate the pace and rate of conservation. All webinars begin at 1:00 p.m. Eastern unless otherwise noted. Previously scheduled webinars are available anytime. EPA S USTAINABLE M ATERIALS M ANAG EMENT A CADEMY Learn about key issues, successful projects, and a variety of best management practices for creating waste management programs, from the series of live and archived webinars. Building on the familiar concept of Reduce, Reuse, Recycle sustainable materials management (SMM) is a systemic approach that seeks to reduce materials use and their associated environmental impacts over their entire life cycle, starting with extraction of natural resources and prod uct design and ending with decisions on recycling or final disposal. The format is a formal presentation followed by a question and answer session.
Page 34 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O ITRC I NTERNET B ASED T RAINING The Interstate Techno logy and Regulatory Council (ITRC) is a state led coalition working with federal partners, industry, academia, and stakeholders to achieve regulatory acceptance of es Division, ITRC delivers training courses to reach a geographically dispersed audience of regulators, consultants, and other members of the environmental community. The training sessions last approximately two hours, cover technical and regulatory inform ation specific to environmental technologies and innovative approaches, and are supported by consensus based ITRC guidance documents. Visit the site often to view upcoming internet based training events. *24 J UN O NLINE : E NERGY M ANAGEMENT B ASIC T RAINING T OOLS AND R ESOURCES FOR R ESULTS This course will provide civilian and military personnel with a concise overview of federal energ y management, and the most current tools and resources for success. The instructors for this seminar will be Randall Smidt, Army Program Manager for Alternative Financing, and Thomas B. Delaney, Jr., PE, Army Energy Conservation Investment Program Manager. Both instructors O NLINE T RAINING : A VAILABLE A NYTIME C LIMATE R EADY W ATER U TILITIES water, wastewater, and stormwater utilities) in addressing impacts from climate change. This information helps utility owners and operators bet ter prepare their systems for the impacts of climate change. The website has links to tools and resources new and recorded training webinars and more. W ATER S I MPACT ON THE E NERGY S ECTOR This on demand webinar features Stacy Tellinghuisen, senior energy/water policy analyst at Western Resource Advocates, who shares new research on the national impacts of water scarcity on the energy sector, including how the expanded use of renewable energy and energy efficiency can help reduce the potential impacts that prolon ged droughts will have on the energy sector. EPA RCRA T RAINING RCRA related online courses, seminars, webinars, podcasts, and videos are posted throughout advanced courses are included for federal and state regulators, the regulated community, organizations, associations, and consumers interested in environmental laws, regulations, and implementation. Topics include general RCRA, RCRA corrective action, Envi ronmental Management Systems (EMS), e waste, groundwater characterization and cleanup, land revitalization, land disposal restrictions, sustainable materials management web academy, and environmental justice and RCRA permitting. A REA S OURCE B OILER R ULE V ID EO S ERIES This EPA video series explaining the Area Source Boiler Rule consists of modules regarding: An overview of rule applicability, including specific rule requirements and co mpliance dates; How to conduct an energy assessment; How to conduct a boiler tune up; and Recordkeeping and reporting requirements of the rule. Area sources are commercial (e.g., laundries, apartments, hotels), institutional (e.g., schools, churches, medical centers, municipal buildings) or industrial (e.g., manufacturing, refining, processing, mining) facilities that emit or have the potential to emit less than 10 tons per year (tpy) of a single hazardous air pollutant, or less than 25 tpy combined ha zardous air pollutants. The Area Source Boiler Rule affects boilers at these facilities that burn coal (including coal refuse, petroleum coke, or synthetic fuels derived from coal), oil or other liquid fuel, biomass, and non waste materials. B EST P RACTICES FOR C OMPREHENSIVE W ATER M ANAGEMENT FOR F EDERAL F ACILITIES This comprehensive water management training provides federal fa cility and energy managers with knowledge and skills to assist in meeting water related legislative and executive order requirements. Learners will develop skills in increasing water efficiency and reducing water use through sound operations and maintenanc e practices and water efficient technologies. Several methods for meeting needs for non potable water through alternate water sources, such as rainwater harvesting,
June 201 5 Region 9 Review Page 35 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO reclaimed wastewater, and gray water are discussed. Water metering is covered, as well as l ife cycle costing and establishing the overall economics for strategic water management. P RELIMINARY A SSESSMENT AND S ITE I NSPECTION (PA/SI) W EBINAR S ERIES The CERCLA Education Center is offering archived versions of its nine part Preliminary Assessment an d Site Inspection (PA/SI) webinar series PA/SI is an intermediate training course designed for personnel who are required to compile, draft, and review PA, SI, and hazard ranking system (HRS) documen tation records and packages submitted for sites proposed for the National Priorities List (NPL). More information is available at www.clu in.org D ISTRIBUTED S CALE R ENEWABLE E NERGY P ROJECTS : F ROM P LANNING TO P ROJECT C LOSEOUT This 2.5 hour webinar focuses on the planning and implementation of distributed scale renewable energy projects (i.e., those smaller than 10 megawatts). The on demand course outlines a detailed 10 step process from technology screening to project closeout. It explores online tools and resources for renewable energy projects on federal sites. EPA A IR P OLLUTION T RAINING I NSTITUTE (APTI) Air Pollution Training Institute (APTI) offers a variety of online self instructional courses and videos for air pollution professionals. Although APTI courses are designed for state and local government officials, the courses, webinars, and videos are available to anyone. AVERT T UTORIAL estimates the po tential of energy efficiency/renewable energy (EE/RE) programs to displace electricity system related SO 2 NOx, and CO 2 emissions in the continental United States. The tool can be used to evaluate county, state and regional level emissions displaced by ene rgy efficiency and renewable energy programs without the need for specialized resources or electricity system expertise. FEMP T RAINING S EARCH T OOL The FEMP Training Search is a web tool that lists free training opportunities to help agencies meet federal energy, water, and sustainability laws and requirements. The new search tool provides options to easily find and select training offerings by topi c area, topic series, course format and type, and by level of difficulty introductory (101), intermediate (201), and advanced (301). EPA TMDL AND NPDES P ERMIT T RAINING EPA developed three web based training modules on topi cs related to TMDLs and NPDES permitting. The presentations are intended for TMDL developers and NPDES permitting staff to gain a better understanding of TMDL implementation through NPDES permits. Each module is offered as a recorded presentation that enab les participants to review the material on demand in a self paced environment. The modules are also available as unrecorded PowerPoint presentations with slides and scripts. Each recorded session is approximately two hours long. Module 1: Understanding TM DLs: A Primer for NPDES Permit Writers Module 2: Understanding Waste Load Allocation Implementation in Permits: A Primer for TMDL Developers Module 3: Understanding TMDLs with Stormwater Sources and the NPDES Stormwater Permitting Process C LASSROOM /I NTE RNET T RAINING S OURCES EPA NPDES T RAINING C OURSES AND W ORKSHOPS Training courses, workshops, and webcasts explain the regulatory framework and technical considerations of the NPDES permit program. They are designed for permit writers, dischargers, EPA officials, and other interested parties. Topics include vessel general permits, combined sewer overflows, energy management, green infrastructure, pesticides, pretreatment, sanitary se wer overflows, and stormwater. *19 20 A UG J OINT B ASE P EARL H ARBOR H ICKAM DoD Native Hawaiian Cultural Communication and Consultation Course This free course provides valuable information for DoD employees in Hawaii whose work may have an effect on Native Hawaiians and for those already working with Native Hawaiians and Native Hawaiian Organizations. For more information or to register, please email Mr. Chris Allen at firstname.lastname@example.org, before 31 JUL 15
Page 36 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O *29 J UN 1 J UL C ALIFORNIA W ATER S UMMIT The second California Water Summit will be held 29 JUN 1 JUL 15 in Sacramento, California. The summit will address the regulatory initiatives affecting state water infrastructure development and incentives planned for 2015 and beyond. Hear from California state and local government officia ls as they discuss the progress being made by their respective agencies to increase regulatory incentives to battle the drought affecting the state. Indicates the first time a training or career development opportunity appears in the Review.
June 201 5 Region 9 Review Page 37 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO Mark Mahoney Director /DoD REC Region 8 Army Coordinator Region 9 (303) 844 095 6 email@example.com Kevin Ward Regional Counsel (303) 844 0955 firstname.lastname@example.org Julia Miller Region 8 Program Coordinator ( Marstel Day, LLC ) (303) 844 095 2 email@example.com Park Haney Army Coordinator Region 10 and Hawaii ( 303 ) 844 0957 firstname.lastname@example.org Nancy Reese Regulatory Affairs Specialist ( Marstel Day, LLC ) (303) 844 0954 email@example.com Adriane Miller Project Manager ( Plexus Scientific Corporation ) ( 410 ) 278 6137 adriane.b.miller2.@usace.army.mil Additional Multi Service Contacts RADM Patrick Lorge Navy DoD REC Region 9 (619) 532 2925 Michael Huber Navy/DoD REC POC Region 9 (619) 532 2303 Michael.firstname.lastname@example.org Steve Arenson Air Force REC Region 9 (415) 977 8843 email@example.com Mike Hamilton USMC REC POC Region 9 (760) 725 26 35 charles.hamilton@USMC.mil When u sed within the framework of ISO 14001, the Western Region Review procedures to satisfy Section 4.3.2 (Legal and other requirements) of ISO 14001. Information in the Review is intended for general guidance, and the reader sh ould refer to cited source documents for more detailed information to determine the applicability and scope of the referenced legislation and regulations. The US Army Regional Environmental and Energy Offices monitor state legislative and regulatory action s on your behalf. If a proposed state action has (1) critical mission impact; (2) conflicts with a federal requirement; and/or (3) a disproportionate effect on the Army or DoD, we coordinate with the potentially affected installations, commands, and/or oth er military Services to further assess the potential impact. If action is needed on a proposed measure we work with Army or Service regulatory experts to communicate DA/DoD position, coordinating with the affected installations and commands. Comments are c ombined from all parties in a single DoD/Army package and formally submitted to the state. Want to comment on a rule or bill in the Review? Please contact your Regional Environmental Coordinator listed in the Staff Directory.
Page 38 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O AAQS ambient air quality standards ACHP Advisory Council on Historic Preservation ACUB Army Compatible Use Buffer ADEQ Arizona Department of Environmental Quality ADWR Arizona Department of Water Resources AFB Air Force Base AGRRC AQIP Air Quality Improvement Program ARNG Army National Guard ASTM American Standard Test Method ATSDR Agency for Toxic Substances and Disease Registry BACM best available control measure BACT best available control technology BART best available retro fit technology BLM Bureau of Land Management BTU British thermal unit CAA Clean Air Act CAFE corporate average fuel economy C al EPA California Environmental Protection Agency CARB California Air Resources Board C a RFG3 phase 3 California reformulated gasoline C ATE X categorical exclusion CBAR California Bureau of Automotive Repair CDC California Department of Conservation CDFW California Department of Fish and Wildlife CDPH California Department of Public Health CDPR California Department of Pesticide Regulation CDTSC California Department of Toxic Substances Control CDWR California Department of Water Resources CEC California Energy Commission CEQ Council on Environmental Quality CEQA California Environmental Quality Act CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulation CH 4 methane CNOR candidate notice of review CO 2 carbon dioxide CO 2 e carbon dioxide equivalent COAL California Office of Administrative Law COEHHA California Office of Environmental Health Hazard Assessment CPUC California Public Utilities Commission CrVI hexavalent chromium CSWRCB California State Water Resources Control Board CVC California Vehicle Code CWA Clean Water Act DA Department of Agriculture DO dissolved oxygen DoD Department of Defense DOE Department of Energy DOI Department of Interior DOT Department of Transportation DSM demand side management DPS distinct population segment EA environmental assessment ECA emission control area ECF emission comparable fuel
June 201 5 Region 9 Review Page 39 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO EIS environmental impact statement EPA Environmental Protection Agency EO Executive Order ESA Endangered Species Act of 1973 ESTCP Environmental Security Technology Certification Program FERC Federal Energy Regulatory Commission FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FONSI finding of no significant impact FS Forest Service FWS Fish and Wildlife Service FY fiscal year GAO Government Accountability Office GEPA Guam Environmental Protection Agency GHG greenhouse gas GSA General Service Administration HAP hazardous air pollutant HAR Hawaii Administrative Rule HB House Bill HCFC hydrochlorofluorocarbon HCWRM Hawaii Commission on Water Resource Management HDA Hawaii Department of Agriculture HDLNR Hawaii Department of Land and Natural Resources HDOH Hawaii Department of Health HFC hydrofluorocarbon HFE hydrofluorinated ethers INRMP integrated natural resource management plan ISEERB Interservice Environmental Education Review Board ITRC Interstate Technology and Regulatory Council JLUS Joint Land Use Study LBP lead based paint LEED Leadership in Energy and Environmental Design LID l ow i mpact d evelopment MACT maximum achievable control technology MADL maximum allowable dose level MCL maximum contaminant level MCLG maximum contaminant level goal MERIT Materials of Evolving Regulatory Interest Team MOU memorandum of understanding MPA marine protected area MS4 municipal separate storm sewer system MSGP multi sector general permit N 2 O nitrous oxide NAAQS National Ambient Air Quality Standards NCSL National Conference of State Legislatures NAC Nevada Administrative Code NDEP Nevada Division of Environmental Protection NEPA National Environmental Policy Act NESHAP National Emission Standards for Hazardous Air Pollutants NF 3 nitrogen trifluoride NHTSA National Highway Traffic Safety Administration NIST National Institute of Standards and Technology NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NO 2 nitrogen dioxide NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System NRC Nuclear Regulatory Commission NSEC Nevada State Environmental Commission NSPS New Source Performance Standard
Page 40 of 41 Region 9 Review June 201 5 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REE O NSR New Source Review OIE Office of Energy Initiatives OMB Office of Management and Budget ORCR Office of Resource Conservation and Recovery ORW outstanding resource water P2 pollution prevention PBDE polybrominated diphenyl ethers PFC perfluorocarbons PFOA perfluorooctanoic acid PFOS perfluorooctane sulfonic acid PM particulate matter PM2.5 particulate matter 2.5 microns in diameter or less PM10 particulate matter 10 microns in diameter or less POP persistent organic pollutant ppb parts per billion PSD Prevention of Significant Deterioration PWS public water system RACT reasonably available control technology RCRA Resource Conservation and Recovery Act RoC Report on Carcinogens RoHS RRP Renovation, Repair, and Painting SERDP Strategic Environmental Research and Development Program SIP state implementation plan SNAP significant new alternatives policy SNUR significant new use rule SO 2 sulfur dioxide SOx sulfur oxides SPCC spill prevention, control, and countermeasures TMDL total maximum daily load tpy tons per year TRI Toxics Release Inventory TSCA Toxic Substance Control Act UFC Unified Facilities Criteria ug/m 3 micrograms per cubic meter U.S. United States USACE United States Army Corps of Engineers USAEC United States Army Environmental Command USGS United States Geological Survey UST underground storage tank USTCA Underground Storage Tank Compliance Act VOC volatile organic compound WCI Western Climate Initiative WGA WRAP Western Regional Air Partnership
June 201 5 Region 9 Review Page 41 of 41 Army Regional Environmental & Energy Office www.asaie.army.mil/Public/ESOH/REEO regional policymakers helps to resolve issues before they become laws and regulations. The REEOs monitor proposed state environmenta l and energy laws and regulations for impacts to installation missions. When legislation or a regulation important to the Army or DOD is being developed, REEOs work with the other military Services to offer language to support or oppose the issue. To comment on an item in the Western Review please contact the Regional Environmental Coordinator listed at the top of page 2 and/or in the Staff Directory To be added to the Region 9 Western Review distribution list, email Nancy Reese