Welcome
to this edition of BLR's Regulatory Update, covering regulatory activity from
your state(s) and the Federal Register posted to RegUpdate.BLR.com
between April 11 and April 13, 2023.
California
Water
Proposed Regulations
(4/12/2023) California - Proposed Regulations - Drinking
Water
Levels Posing No Significant Risk: Ethylene
Oxide
Environmental Protection Agency - Amends rule to update
voluntary compliance assistance. [Title 27 CCR Section 25705]
(4/11/2023) California - Proposed Regulations - Drinking
Water
Levels Posing No Significant Risk: Ethylene
Oxide
Environmental Protection Agency - Amends rule to update
voluntary compliance assistance. [Title 27 CCR Section 25705]
Florida
Water
Proposed Regulations
(4/13/2023) Florida - Proposed Regulations -
Stormwater-General
Publications and Agreements Incorporated by
Reference
Water Management Districts/Suwannee River Water Management
District - Updates the stormwater design and operation regulations, including
updates to the Environmental Resource Permit Applicants Handbook Volume II,
using the most recent scientific information available. [FAC 40B-400.091]
Illinois
Water
Final Regulations
(4/13/2023) Illinois - Final Regulations - Effluent
Limitations
Effluent Standards
Pollution Control Board - These proposed amendments to
Part 304 include those submitted by Environmental Protection Agency and those
identified separately by the Board. Both Environmental Protection Agency and
the Board intend the amendments to be non substantive clarifications. [35 IAC
304.101 through .303, .Appendix A]
(4/13/2023) Illinois - Final Regulations - Pretreatment
Standards
Sewer Discharge Criteria
Pollution Control Board - In 2016, the Board began
reviewing its rules to identify obsolete, repetitive, confusing, or otherwise
unnecessary language. These proposed amendments to Part 307 are intended to
be non-substantive clarifications. [35 IAC 307.1001 through .8110 non seq]
(4/13/2023) Illinois - Final Regulations - Effluent
Limitations
Water Use Designations
Pollution Control Board - These proposed amendments to
Part 303, relating to Water Use Designations and Site Specific Water Quality
Standards, include those submitted by Environmental Protection Agency and
those identified separately by the Board. Both Environmental Protection
Agency and the Board intend the amendments to be non substantive
clarifications. [35 IAC 303.100 through .502 non seq, .Appendix A, B]
(4/13/2023) Illinois - Final Regulations - Effluent
Limitations
Water Quality Standards
Pollution Control Board - These proposed amendments to
Part 302 include those submitted by Environmental Protection Agency and those
identified separately by the Board. Both Environmental Protection Agency and
the Board intend the amendments to be non substantive clarifications. [35 IAC
302.100 through .669 non seq, Appendix A, B]
(4/12/2023) Illinois - Final Regulations - Wastewater -
General
Disposal of Wastes from Watercraft
Pollution Control Board - In 2016, the Board began
reviewing its rules to identify obsolete, repetitive, confusing, or otherwise
unnecessary language. These proposed amendments to Part 308 are intended to
be non-substantive clarifications. [35 IAC 308.101, .102, .103, .104,
.Appendix A]
(4/12/2023) Illinois - Final Regulations - Pretreatment
Standards
Pretreatment Programs
Pollution Control Board - To identify obsolete,
repetitive, confusing, or otherwise unnecessary language. [35 IAC 310.101
through .923 (non seq.)]
Maine
Air
Final Regulations
(4/13/2023) Maine - Final Regulations - Air - NSPS
New Source Performance and National Emission
Standards
Department of Environmental Protection - Provides that
existing rules will be amended to incorporate by reference new and amended
New Source Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAPS) that have been added between July 1, 2013,
and July 1, 2022, and for which the Department has chosen to take delegation.
[06-096-143, -144]
Water
Proposed Regulations
(4/13/2023) Maine - Proposed Regulations - Wetlands
Rules of Practice
Department of Agriculture, Conservation, and Forestry/Land
Use Planning Commission - The Commission is proposing to revise Ch. 4 to
identify two specific types of applications as being broutineb and therefore
authorize staff to act on those applications. The two types of applications
include applications to amend wetland subdistrict boundaries when supported
by on-site wetland delineations, and applications for the adoption of
official Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or
Flood
Maryland
Water
Final Regulations
(4/12/2023) Maryland - Final Regulations - Wastewater -
General
On-Site Wastewater Property Transfer Inspection
License
Department of the Environment/Regulation of Water Supply,
Sewage Disposal, and Solid Waste - Sets forth emergency rule relating to
On-Site Wastewater Property Transfer Inspection License. [COMAR 26.04.12.01
through .07]
National
Air
Final Regulations
(4/12/2023) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; Mississippi;
Update to Materials Incorporated by Reference
EPA has issued a final rule updating the materials that
are incorporated by reference (IBR) into the Mississippi State Implementation
Plan (SIP).
(4/11/2023) National - Final Regulations - Air - General
40 CFR 52 - Air Plan Approval; Illinois; VOC
RACT Requirements for Aerospace Manufacturing and Rework Operations
EPA has issued a final rule approving State Implementation
Plan (SIP) rule revisions submitted by the Illinois Environmental Protection
Agency (IEPA or Illinois) on April 13, 2021, and supplemented by a Clean Air
Act (CAA) section 110(l) demonstration submitted on October 6, 2022.
Proposed Regulations
(4/13/2023) National - Proposed Regulations - Hazardous Air
Pollutants
40 CFR 63 - National Emission Standards for
Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for
Sterilization Facilities Residual Risk and Technology Review; Proposed Rule
EPA has proposed amendments to the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for the Commercial
Sterilization Facilities source category.
(4/11/2023) National - Proposed Regulations - New Source
Review
40 CFR 52 - Air Plan Approval; Connecticut; New
Source Review Permit Program State Plan Revision
EPA has proposed to approve revisions to the Connecticut
State Implementation Plan (SIP) concerning its New Source Review (NSR) permit
program.
(4/11/2023) National - Proposed Regulations - Air - General
40 CFR 52 - Air Plan Revisions; California;
Yolo-Solano Air Quality Management District
EPA has proposed to partially approve and partially
disapprove, under the Clean Air Act (CAA), a revision to the California state
implementation plan (SIP).
(4/11/2023) National - Proposed Regulations - Air - General
40 CFR 84 - Notification of Determination:
Petitions Denied Under Subsection (i) of the American Innovation and
Manufacturing Act of 2020
EPA has given notice to alert the public to and provide
explanation of the Agency's decisions to deny two petitions submitted under
the American Innovation and Manufacturing Act of 2020.
EHS Management
Notices
(4/13/2023) National - Notices - Enforcement
DOJ - Notice of Proposed Settlement Agreement
Under The Federal Debt Collection Procedures Act, The Comprehensive
Environmental Response, Compensation, and Liability Act, and The Resource
Conservation and Recovery Act
DOJ has given notice of a period for public comment on the
Government Agreement entered into by the Trust and YPF S.A., YPF
International S.A., YPF Holdings, Inc., and YCLH Holdings, Inc., Repsol,
S.A., Repsol Exploraci[oacute]n, S.A., Repsol USA Holdings LLC, Repsol
E&P USA LLC, Repsol Offshore E&P USA Inc., Perenco Trinidad &
Tobago (Holdings) ETVE SLU, and Repsol Services Company.
(4/12/2023) National - Notices - Enforcement
DOJ - Notice of Lodging of Proposed First
Amendment to Consent Decree Under the Clean Air Act
DOJ has given notice that it has opened a period for
public comment on the First Amendment to Consent Decree with the United
States District Court for the Northern District of Indiana in the lawsuit
entitled United States v. City of Gary, Indiana, Civil Action No. 20-cv-386
lodged on April 6, 2023.
HazMat and Chemicals
Final Regulations
(4/11/2023) National - Final Regulations - Chemicals
40 CFR 9 and 721 - Significant New Use Rules on
Certain Chemical Substances (21-2.F)
EPA has issued significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances which were the
subject of premanufacture notices (PMNs).
Notices
(4/13/2023) National - Notices - Pesticides
Pesticide Registration Review; Proposed Interim
Decision and Draft Risk Assessment Addendum for Ethylene Oxide; Notice of
Availability
EPA has given notice of the availability of and solicits
public comment on its proposed interim registration review decision and draft
risk assessment addendum for ethylene oxide.
(4/12/2023) National - Notices - Hazmat Transportation
DOT - Hazardous Materials: Public Meeting
Notice for the 2024 Emergency Response Guidebook (ERG2024)
DOT's Office of Hazardous Materials Safety (OHMS) has
given notice that it will hold a public meeting to solicit input on the
development of the 2024 edition of the Emergency Response Guidebook
(ERG2024).
Water
Notices
(4/13/2023) National - Notices - NPDES
Cross-Media Electronic Reporting: Authorized
Program Revision Approval, New Jersey Department of Environmental Protection
(NJDEP)
EPA has given notice of its approval of the New Jersey
Department of Environmental Protection (NJDEP) request to revise/modify
certain of its EPA-authorized programs to allow electronic reporting.
(4/13/2023) National - Notices - Drinking Water
Local Government Advisory Committee (LGAC) and
Small Communities Advisory Subcommittee (SCAS) Meeting
EPA has given notice of a meeting for the Local Government
Advisory Committee (LGAC) and its Small Communities Advisory Subcommittee
(SCAS).
Proposed Regulations
(4/13/2023) National - Proposed Regulations - Drinking
Water
40 CFR 302 - Addressing PFAS in the Environment
EPA has given notice that it is seeking public input and
data to assist in the consideration of potential development of future
regulations pertaining to per- and polyfluoroalkyl substances (PFAS) under
the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA or Superfund).
New
Mexico
EHS Management
Final Regulations
(4/13/2023) New Mexico - Final Regulations - Environment -
General
Grid Modernization Grant Program
Energy, Minerals and Natural Resources Department/Energy
Conservation and Management Division - Adopts rule concerning Grid
Modernization Grant Program. [NMAC 17.9.588]
Ohio
Air
Final Regulations
(4/11/2023) Ohio - Final Regulations - Air Permitting
Sulfur Dioxide Regulations
Environmental Protection Agency - Amends rules regarding
Stark county emission limits. [oac 3745-18-82]
Water
Proposed Regulations
(4/12/2023) Ohio - Proposed Regulations - Wastewater -
General
Waterworks and Sewage Disposal System Companies
Public Utilities Commission - Amends rules regarding
definitions, general provisions, failure to comply with the rules or commission
orders, notice and public hearing, application for certificate of public
convenience and necessity, amendment of certificates for waterworks companies
and/or sewage disposal system companies, abandonment, cancellation, and
substitution of service, transfer of certificate with property transfer,
construction, maintenance of plant and equipment, and interruption
notification f
Oregon
Water
Proposed Regulations
(4/12/2023) Oregon - Proposed Regulations - Drinking Water
Safe Drinking Water Revolving Loan Fund
Business Development Department - New and amended rules
relate to the Safe Drinking Water Revolving Loan Fund. [OAR 123-049-0005,
-0010, -0025, -0026, -0027, -0030, -0035, -0040, -0050, -0060]
South
Dakota
HazMat and Chemicals
Proposed Regulations
(4/12/2023) South Dakota - Proposed Regulations -
Pesticides
Pest Control Certification and Training
Requirements
Department of Agriculture and Natural Resources - Amends
rules update pest control certification and training regulations in
accordance with the department's signed certification and training plan with
the Environmental Protection Agency, update pesticide recycling rules on
types of containers, and waive the pre-registration requirement for waste
pesticide disposal. [Uncodified]
Texas
Air
Proposed Regulations
(4/11/2023) Texas - Proposed Regulations - Air - General
Air Pollution from Nitrogen Compounds
Commission on Environmental Quality - Reviews rules
concerning Control of Air Pollution from Nitrogen Compounds. [30 TAC 1.117]