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]