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National Aeronautics and Space Administration
Principal Center for Regulatory Risk Analysis and Communication
Regulatory Tracking Summary 02 June 2017
PAGE 1 OF 15
This report summarizes regulatory items reviewed by the NASA RRAC PC and includes items with direct applicability to NASA facilities and operations, as well as items of general interest. Notes and comments by the RRAC PC are shown in bold, blue text under “Description.” Related documents and citations, such as “82 FR 51967,” are linked to the appropriate document for quick access. Suggested follow-up actions are noted with significant items; users are advised that other follow-up actions may be appropriate for their program or facility.
Members of the NASA stakeholder community who are interested in receiving regulatory updates and alerts by e-mail may self-enroll at https://lists.nasa.gov/mailman/listinfo/rrac. Previous issues of this regulatory summary and other materials are archived on the RRAC PC website at http://www.nasa.gov/offices/rrac/home/.
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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Contents of This Issue Acronyms and Abbreviations 3
1.0 U.S. Federal Regulatory Review 4
1.1 Federal Register Summary 4
1.2 Other News and Developments 5
1.2.1 NASA's Arctic Ecosystem Science 5
1.2.2 European Chemicals Agency Update 5
1.2.3 Chemical Data Reporting 6
1.2.4 TOXMAP 6
1.2.5 SFTool Releases Cost Effective Upgrades Tool 6
1.2.6 EPA Hazardous Weather Release Alert 6
1.2.7 Rain Gardens Webinar 6
1.2.8 Heat Illness Prevention Webinars 6
1.2.9 National Preservation Institute Seminars 7
1.3 NASA Regulatory Communication Working Group Updates 7
2.0 State Regulatory Reviews 8
2.1 Alabama State Regulatory Review 8
2.2 California State Regulatory Review 8
2.2.1 California Air Districts Regulatory Review 9 2.2.1.1 Antelope Valley Air Quality Management District 9 2.2.1.2 Bay Area Air Quality Management District 10 2.2.1.3 Eastern Kern Air Pollution Control District 10 2.2.1.4 Mojave Desert Air Quality Management District 10 2.2.1.5 South Coast Air Quality Management District 10 2.2.1.6 Ventura County Air Pollution Control District 10
2.3 Florida State Regulatory Review 10
2.4 Louisiana State Regulatory Review 11
2.5 Maryland State Regulatory Review 11
2.6 Mississippi State Regulatory Review 11
2.7 New Mexico State Regulatory Review 12
2.8 Ohio State Regulatory Review 12
2.9 Texas State Regulatory Review 13
2.10 Utah State Regulatory Review 13
2.11 Virginia State Regulatory Review 14
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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Acronyms and Abbreviations
µg/m3 = Microgram per cubic meter AAC = Alabama Administrative Code AAM = Alabama Administrative Monthly ABoVE = Arctic-Boreal Vulnerability Experiment ARB = California Air Resources Board CAA = Clean Air Act Cal/OSHA = California Occupational Health and Safety
Administration CASAC = Chartered Clean Air Scientific Advisory Committee CCR = California Code of Regulations CDR = Chemical Data Reporting CFR = Code of Federal Regulations CO = Carbon monoxide COMAR = Code of Maryland Regulations CRM = Cultural Resource Management CRNR = California Regulatory Notice Register CUPA = California Unified Program Agency DAPC = Division of Air Pollution Control DOE = U.S. Department of Energy ECHA = European Chemicals Agency EIS = Environmental Impact Statement EO = Executive Order EPA = U.S. Environmental Protection Agency EU = European Union FAR = Florida Administrative Register FCMP = Florida Coastal Management Program FR = Federal Register FY = Fiscal year GDF = Gasoline dispensing facility GHG = Greenhouse gas GHS = Globally Harmonized System GSA = General Services Administration HAP = Hazardous air pollutant Hp = Horsepower JPL = Jet Propulsion Laboratory LaRC = Langley Research Center MACT = Maximum Achievable Control Technology MDE = Maryland Department of the Environment Md.R. = Maryland Register NAAQS = National Ambient Air Quality Standards NASA = National Aeronautics and Space Administration NEPA = National Environmental Policy Act NESHAP = National Emission Standards for Hazardous Air
Pollutants NHPA = National Historic Preservation Act NMAC = New Mexico Administrative Code NOAA = National Oceanic and Atmospheric Administration NOX = Nitrogen oxides
NRC = U.S. Nuclear Regulatory Commission NSPS = New Source Performance Standards NSR = New Source Review OAC = Ohio Administrative Code
OCRM = Office of Ocean and Coastal Resource Management
OEM = Original equipment manufacturers OEPA = Ohio Environmental Protection Agency OSA = Operational Status Agreement OSHA = Occupational Safety and Health Administration OSHSB = Occupational Safety and Health Standards Board PEL = Permissible Exposure Limit PHMSA = Pipeline and Hazardous Materials Safety
Administration PM = Particulate matter PM10 = Particulate matter having an aerodynamic equivalent
diameter of 10 microns or less PM2.5 = Particulate matter having an aerodynamic equivalent
diameter of 2.5 microns or less RACM = Reasonably Available Control Measure RACT = Reasonably Available Control Technology RG = Regulatory Guide RIN = Regulatory Identification Number RRAC PC = Principal Center for Regulatory Risk Analysis
and Communication SCAQMD = South Coast Air Quality Management District SFTool = Sustainable Facilities Tool SIP = State Implementation Plan SORE = Small Off-Road Engine SSFL = Santa Susana Field Laboratory STEL = Short-Term Exposure Limit SVHC = Substances of Very High Concern SWRCB = State Water Resources Control Board TCEQ = Texas Commission of Environmental Quality TexReg = Texas Register TMDL = Total Maximum Daily Loads TWA = Time-Weighted Average UN = United Nations UNSCEGHS = United Nations Sub-Committee of Experts on
the Globally Harmonized System of Classification and Labelling of Chemicals
UNSCOE TDG = United Nations Sub-Committee of Experts on the Transport of Dangerous Goods
U.S. = United States UST = Underground storage tank UT = Utah VAC = Virginia Administrative Code VA.R. = Virginia Register VDEQ = Virginia Department of Environmental Quality VOC = Volatile organic compound VR = Vapor recovery VRED = Vapor Recovery Equipment Defects VWP = Virginia Water Protection WFF = Wallops Flight Facility WQCC = Water Quality Control Commission
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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1.0 U.S. Federal Regulatory Review
1.1 Federal Register Summary
This summary includes FR items that were reviewed for potential impacts to NASA-related operations.
Tracking Number
Subject Date
Published Citation
Type Action
Description
FED060217-1 Air
NAAQS
05/23/2017 82 FR 23563 HTML | PDF
Notice
Meeting
U.S. Environmental Protection Agency
Notification of a Public Teleconference of the Chartered Clean Air Scientific Advisory Committee (CASAC) and the CASAC Sulfur Oxides Panel
Announces a teleconference to discuss the draft review of the document, “Integrated Science Assessment for Sulfur Oxides - Health Criteria (Second External Review Draft – December 2016).” Teleconference is scheduled for 06/20/2017.
FED060217-2 Chemical Labeling
GHS
05/31/2017 82 FR 24994 HTML | PDF
Notice
Meeting
Occupational Safety and Health Administration
Preparations for the 33rd Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS)
Announces the following:
OSHA meeting to discuss positions related to GHS issues to be considered in an upcoming session of the UNSCEGHS. Meeting is scheduled for 06/20/2017 in Washington, D.C.
PHMSA meeting to discuss proposals related to harmonizing regulations on hazardous materials transport prior to an upcoming session of the UNSCOE TDG. Meeting is scheduled for 06/20/2017 in Washington, D.C.
FED060217-3 Natural Resources
05/31/2017 82 FR 24950 HTML | PDF
Notice National Oceanic and Atmospheric Administration
Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts
Solicits comments on the technical guidance. Comments due 07/17/2017. [RIN 0648-XC969]
This action is being initiated in response to EO 13795. Additional information is available on NOAA’s website.
FED060217-4 Policy 05/30/2017 82 FR 24651 HTML | PDF
Notice General Services Administration
Evaluation of Existing Federal Management and Federal Property Management Regulations [41 CFR Chapters 101 and 102]
Solicits comments on federal management and federal property management regulations that may be appropriate for repeal, replacement, or revision. Comments due 07/31/2017.
This action is being initiated in response to EO 13777.
FED060217-5 Policy 05/30/2017 82 FR 24652 HTML | PDF
Notice General Services Administration
Evaluation of Existing Leasing Acquisition Regulations [48 CFR Chapter V]
Solicits comments on GSA lease acquisition regulations, policies, and guidance that may be appropriate for repeal, replacement, or revision. Comments due 07/31/2017.
This action is being initiated in response to EO 13777.
FED060217-6 Policy 05/30/2017 82 FR 24653 HTML | PDF
Notice General Services Administration
Evaluation of Existing Acquisition Regulations [48 CFR Chapter V]
Solicits comments on GSA acquisition regulations, policies, standards, and guidance that may be appropriate for repeal, replacement, or revision. Comments due 07/31/2017.
This action is being initiated in response to EO 13777.
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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Tracking Number
Subject Date
Published Citation
Type Action
Description
FED060217-7 Policy 05/30/2017 82 FR 24582 HTML | PDF
Notice U.S. Department of Energy
Reducing Regulation and Controlling Regulatory Costs [2 CFR Chapter IX; 5 CFR Chapter XXIII; 10 CFR Chapters II, III and X; 41 CFR Chapter 109; 48 CFR Chapter 9]
Solicits comments on DOE regulations that may be appropriate for repeal, replacement, or revision. Comments due 07/14/2017.
This action is being initiated in response to EO 13771.
FED060217-8 Radiation 05/31/2017 82 FR 24997 HTML | PDF
Notice U.S. Nuclear Regulatory Commission
Shipping, Receiving, and Internal Transfer of Special Nuclear Material
Announces availability of RG 5.41, “Shipping, Receiving, and Internal Transfer of Special Nuclear Material,'' which consolidates NRC guidance on material control and accounting requirements related to shipments, receipts, and internal transfers of special nuclear material.
FED060217-9 Radiation 05/31/2017 82 FR 25016 HTML | PDF
Notice
Withdrawal
U.S. Nuclear Regulatory Commission
RG 5.28, “Evaluation of Shipper-Receiver Differences in the Transfer of Special Nuclear Material,'' Revision 0 RG 5.49, “Internal Transfers of Special Nuclear Material,'' Revision 0 RG 5.57, “Shipping and Receiving Control of Strategic Special Nuclear Material,'' Revision 1
Announces withdrawal of the following:
RG 5.28: Evaluation of Shipper-Receiver Differences in the Transfer of Special Nuclear Material
RG 5.49: Internal Transfers of Special Nuclear Material RG 5.57: Shipping and Receiving Control of Strategic Special Nuclear
Material
Effective 05/31/2017.
The RGs are being withdrawn because the guidance has been incorporated into RG 5.41 (FED060217-8).
FED060217-10 Species 05/31/2017 82 FR 24944 HTML | PDF
Proposed Rule
National Oceanic and Atmospheric Administration
Endangered and Threatened Species; Listing and Recovery Priority Guidelines
Proposes revisions to Recovery Plan Preparation and Implementation Priorities and Recovery Plan guidance found within the document, “Listing and Recovery Priority Guidelines,” including:
Increasing the species priority numbers to 24 Redefining “magnitude of threat” and “recovery potential” criteria Updating prioritization principles
Comments due 06/30/2017. [RIN 0648-XF282]
FED060217-11 Water
Drinking Water
05/26/2017 82 FR 24345 HTML | PDF
Notice
Meeting
U.S. Environmental Protection Agency
EPA's Proposed Modeling Approaches for a Health-Based Benchmark for Lead in Drinking Water-Final List of Peer Reviewers, Final Charge Questions and Notice of the Public Peer Review Meeting
Announces a meeting to peer review the document, “Proposed Modeling Approaches for a Health-Based Benchmark for Lead in Drinking Water.” Meeting is scheduled to begin 06/27/2017 in Washington, D.C., and will be available via teleconference.
1.2 Other News and Developments
1.2.1 NASA's Arctic Ecosystem Science
In May 2017, NASA's Arctic-Boreal Vulnerability Experiment (ABoVE) commenced its second season. ABoVE monitors changing Arctic and boreal ecosystems and explores how environmental changes in the far north affect the local environment and beyond. ABoVE uses various data collection platforms with the intent to link ground- and satellite-based data collection.
1.2.2 European Chemicals Agency Update
As part of its implementation of the European Union’s (EU's) regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals, the European Chemicals Agency (ECHA) has added the flame retardant and organochlorine pollutant 1,6,7,8,9,14,15,16,17,17,18,18-dodecachloropentacyclo[12.2.1.16,9.02,13.05,10]octadeca-7,15-diene (Dechlorane Plus) and any of
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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its individual isomers or any combination thereof to the Registry of Intentions for Substances of Very High Concern (SVHCs). ECHA expects a technical dossier for these substances to be submitted by 08 August 2017. Dossier submittal is the first step of the process by which substances are considered for designation as SVHCs and addition to the Candidate List for Authorisation. Substances on the SVHC Candidate List may be considered for listing on the Authorisation List (Annex XIV). Inclusion on the Authorisation List would impose special authorization requirements for continued manufacture and use in the EU. Although requirements associated with authorization do not affect operations in the United States (U.S.) directly, they can affect the global supply chain and potentially reduce the future availability of regulated substances.
1.2.3 Chemical Data Reporting
On 31 May 2017, the U.S. Environmental Protection Agency (EPA) released the initial 2016 Chemical Data Reporting (CDR) dataset, including national production volume and information on manufacturing, processing, and uses. The data was collected from manufacturers, including importers of chemicals listed on the Toxic Substances Control Act Inventory and produced in volumes of 25,000 pounds or more at facilities during 2012, 2013, 2014, or 2015. Additional data are anticipated to be released in late 2017.
1.2.4 TOXMAP
On 23 May 2017, the U.S. National Library of Medicine announced an update to the web-based TOXMAP program to include the final version of EPA's Comprehensive Environmental Response, Compensation, and Liability Information System dataset, which contains information on hazardous waste sites, proposed National Priorities List sites, and associated remedial activities. The iOS mobile application "Tox-App" is based on TOXMAP and allows users to search for industrial facilities that reported certain releases to EPA's Toxic Release Inventory program.
1.2.5 SFTool Releases Cost Effective Upgrades Tool
The General Services Administration's Sustainable Facilities Tool (SFTool) recently released a Cost Effective Upgrades Tool that can identify high-performance upgrades and energy conservation measures that enhance a building's efficiency by using building size and climate zone information. Results provide estimated payback time, capital cost, energy savings, and cost savings.
1.2.6 EPA Hazardous Weather Release Alert
On 31 May 2017, EPA issued a Hazardous Weather Release Prevention and Reporting alert before the start of the hurricane season. The alert was issued to increase awareness of safe facility operational considerations, timely chemical release reporting procedures and to remind facility operators of release minimization requirements.
1.2.7 Rain Gardens Webinar
On 13 June 2017, EPA will host a webinar titled, "Rain Gardens to the Rescue - Using Plants and Natural Systems to Manage Stormwater." The webinar will discuss rain gardens as a cost-effective and environmentally sound solution to managing stormwater runoff specifically for the New England area; however, aspects of the management principles may be applicable nationwide. Registration is required.
1.2.8 Heat Illness Prevention Webinars
The North Carolina Department of Labor will offer a series of webinars to discuss heat stress hazards and methods to prevent, recognize, and treat heat stress and heat exposure. Webinars are scheduled for 15 June and 22 June 2017.
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1.2.9 National Preservation Institute Seminars
The National Preservation Institute will host the following seminars related to historic preservation and cultural resource management:
Training Course Date Location Topic Focus
Section 106: A Review of Experienced Practitioners
10/03/2017–10/04/2017
Sacramento, California
Review regulations, standards, guidelines, and related laws relevant to Section 106
Section 106: An Introduction
11/14/2017–11/16/2017
Denver, Colorado
Project review under NHPA Section 106, myths, and recent NEPA regulation and procedure changes
Emerging Technologies for Cultural Resources
12/08/2017 Minneapolis, Minnesota
Integration of new technologies with existing CRM practices as they relate to documentation, preservation, or creative mitigation of cultural resources
1.3 NASA Regulatory Communication Working Group Updates
The next Regulatory Communication Working Group call will be held on Wednesday, 21 June 2017, at 12:00 p.m. Central Time.
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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2.0 State Regulatory Reviews
The following sections provide details about the regulatory actions reviewed for selected states in which NASA facilities and related operations are located.
2.1 Alabama State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Alabama.
Tracking Number
Subject Date
Published Citation
Type Action
Description
AL060217-1 Administrative 05/28/2017 Public Notice #180
Notice
Hearing
Alabama Department of Environmental Management
Organization [AAC 335-1-1]; Application Fees [AAC 335-1-6]
Announces a hearing to discuss proposed amendments to:
Add, delete, and modify various forms Delete the obsolete Fee Schedule F Make minor administrative revisions
Proposed rules and summary of reasons are available for review. Hearing is scheduled for 07/13/2017 in Montgomery, Alabama.
AL060217-2 Administrative 06/02/2017 AAM Vol. XXXI Iss. 8
Proposed Rule
Hearing
Alabama Department of Environmental Management
Organization [AAC 335-1-1]; Application Fees [AAC 335-1-6]
Proposes to modify forms, delete Fee Schedule F, and make minor administrative revisions. The following Notices of Intended Action are available for review:
AAC 335-1-1-.07: Departmental Forms, Instructions, and Procedures AAC 335-1-1-.08: Communications with the Department AAC 335-1-6-.04: Permit Application Fees
Comments due 07/13/2017. Hearing is scheduled for 07/13/2017 in Montgomery, Alabama.
2.2 California State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in California.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
CA060217-1 Air
Emissions
05/25/2017 ARB Website Notice Air Resources Board
Vapor Recovery Equipment Defects List Now Available Online
Announces availability of the VRED list, which identifies equipment that potentially could impair the effectiveness of a VR system to collect vehicle gasoline refueling emissions.
The list is intended to aid air district personnel in GDF inspections and may be useful for GDFs when selecting and implementing VR system equipment. Additional information is available on ARB's website.
CA060217-2 Air
Engines
05/23/2017 ARB Website Notice Air Resources Board
Notice of Public Availability of Modified Text: Amendments to the Evaporative Emission Requirements for Small Off-Road Engines [13 CCR 2750]
Announces availability of proposed amendments to evaporative emission requirements for SOREs intended to:
Increase compliance with the diurnal emissions standards Require certification of test fuel formulated to reflect motor vehicle fuels
currently dispensed at California gasoline stations Enable SORE manufacturers to obtain ARB and EPA certification for
fuel tanks based on a common set of results
SORE regulations control exhaust and evaporative emissions from spark-ignited equipment rated at or below 25 hp. Additional information is available on ARB's website.
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Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
CA060217-3 Emergency Planning
06/02/2017 CRNR 2017, 22z, p. 848
Final Rule California Environmental Protection Agency
Unified Program Surcharge Fee Change [27 CCR 1524]
Finalizes adjustments to the Unified Program state surcharge, including increases to the:
Oversight state surcharge UST Program surcharge
Effective 06/02/2017.
Regulated facilities will be subject to the revised surcharge during the normal CUPA billing cycle for FY 2017-2018. Fees for the California Accidental Release Prevention Program and Aboveground Petroleum Storage Act portions remain unchanged.
CA060217-4 Occupational Safety
06/02/2017 82 FR 25631 HTML | PDF
Final Rule Occupational Safety and Health Administration
California State Plan; New Operational Status Agreement
Announces a new OSA between OSHA and Cal/OSHA, which specifies the respective areas of federal and state authority. Effective 06/02/2017.
OSHA retains authority over occupational safety and health of federal government employees and employers under the new OSA.
CA060217-5 Occupational Safety
Beryllium
06/02/2017 CRNR 2017, 22z, p. 837
Proposed Rule
Hearing
Occupational Safety and Health Standards Board
Occupational Exposure to Beryllium [8 CCR 1535.1, 5205, 5155, and 8359.1]
Proposes adoption of OSHA revised standards related to occupational exposure to beryllium. Proposed rules would incorporate employee protection provisions, including:
A PEL of 0.2 µg/m3 as an 8-hour TWA and a STEL of 2.0 µg/m3 as a 15-minute TWA
Exposure assessment requirements Methods for controlling exposure Respiratory protection Personal protective clothing and equipment Medical surveillance Hazard communication Recordkeeping
Comments due 07/20/2017. Hearing is scheduled for 07/20/2017 in San Diego, California.
Additional information is available on OSHSB's website.
CA060217-6
SSFL should be aware of this action.
Water
TMDLs
06/02/2017 CRNR 2017, 22z, p. 851
Final Rule State Water Resources Control Board
Calleguas Creek TMDL Revision [23 CCR 3939.23]
Finalizes amendments to the Water Quality Control Plan for the Los Angeles Region to incorporate the TMDL for metals and selenium in Calleguas Creek, its tributaries, and Mugu Lagoon. Effective 05/18/2017.
SSFL is located within the same hydrologic area as Calleguas Creek. Additional information is available on SWRCB's website.
CA060217-7 Water
TMDLs
05/26/2017 CRNR 2017, 21z, p. 820
Final Rule State Water Resources Control Board
Implementation Plan for Malibu Creek Nutrient and Sedimentation TMDLs [23 CCR 3939.51]
Finalizes amendments to the Water Quality Control Plan for the Los Angeles Region to incorporate an implementation plan for the Malibu Creek Nutrients TMDL and the Malibu Creek and Lagoon TMDL for sedimentation and nutrients. Effective 05/16/2017.
This action does not impact a stream to which a Center directly discharges; however, the stream is located in the vicinity of JPL and SSFL. Additional information is available on SWRCB's website.
2.2.1 California Air Districts Regulatory Review
2.2.1.1 Antelope Valley Air Quality Management District
No regulatory items of interest were identified during this reporting period for the Antelope Valley Air Quality Management District.
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2.2.1.2 Bay Area Air Quality Management District
No regulatory items of interest were identified during this reporting period for the Bay Area Air Quality Management District.
2.2.1.3 Eastern Kern Air Pollution Control District
No regulatory items of interest were identified during this reporting period for the Eastern Kern Air Pollution Control District.
2.2.1.4 Mojave Desert Air Quality Management District
No regulatory items of interest were identified during this reporting period for the Mojave Desert Air Quality Management District.
2.2.1.5 South Coast Air Quality Management District
This summary includes items that were reviewed for potential impacts to NASA-related operations in the South Coast Air Quality Management District.
Tracking Number
Subject Date
Published Citation
Type Action
Description
CAS060217-1 Air 05/25/2017 SCAQMD Website
Final Rule South Coast Air Quality Management District
Rule 219: Equipment Not Requiring a Written Permit Pursuant to Regulation II and Rule 222: Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II
Finalizes amendments to Rule 219 and Rule 222, which:
Add equipment categories to the Rule 219 exempt list Remove exemptions for certain equipment categories Require additional equipment categories to file information as part of
the Rule 222 filing program Clarify rule language
Effective 05/05/2017.
2.2.1.6 Ventura County Air Pollution Control District
No regulatory items of interest were identified during this reporting period for the Ventura County Air Pollution Control District.
2.3 Florida State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Florida.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
FL060217-1 Natural Resources
Coastal Zone Management
05/25/2017 FAR Notice #19015703
Notice Department of Environmental Protection
State of Florida Coastal Management Program Request for Concurrence
Announces a proposed routine program change to the FCMP, pending concurrence from NOAA's OCRM. Proposed changes are available for review. Comments due 06/14/2017.
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2.4 Louisiana State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Louisiana.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
LA060217-1 Air 05/22/2017 82 FR 23148 HTML | PDF
Final Rule
Withdrawal
U.S. Environmental Protection Agency
Approval and Promulgation of Implementation Plans; Louisiana; Volatile Organic Compounds Rule Revision and Stage II Vapor Recovery [40 CFR Part 52]
Withdraws direct final rule (82 FR 14822, 03/23/2017), which approved SIP revisions related to the control of VOCs and stage II gasoline vapor recovery. Effective 05/22/2017.
LA060217-2 Air
SIP
05/31/2017 82 FR 24862 HTML | PDF
Final Rule U.S. Environmental Protection Agency
Approval and Promulgation of Implementation Plans; Louisiana; Revisions to the New Source Review State Implementation Plan; Air Permit Procedure Revisions [40 CFR Part 52]
Finalizes partial approval of SIP revisions related to NSR provisions related to air construction permit rules. Effective 06/30/2017.
2.5 Maryland State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Maryland.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
MD060217-1 Air
Monitoring
06/01/2017 MDE Website Notice Maryland Department of the Environment
Ambient Air Monitoring Network
Solicits comments on exceptional event demonstrations to analyze the impact of two wildfire smoke events on air quality. Comments due 06/23/2017.
Impact reports are available on MDE’s website.
MD060217-2 Air
SIP
05/30/2017 82 FR 24549 HTML | PDF
Final Rule U.S. Environmental Protection Agency
Air Plan Approval; Maryland; Update to Materials Incorporated by Reference [40 CFR Part 52]
Finalizes updates to SIP materials incorporated by reference. Effective 05/30/2017.
MD060217-3 Air
SIP
05/26/2017 44:11 Md.R. 570-571
Notice
Hearing
Maryland Department of the Environment
Air and Radiation Management Administration
Announces a hearing to discuss SIP revisions certifying that the existing Emission Statements satisfy CAA requirements for the 2008 Ozone NAAQS. Comments due 06/27/2017. Hearing is scheduled for 06/27/2017 in Baltimore, Maryland.
The Draft SIP Document is available for review on MDE’s website.
MD060217-4 Water
Water Quality
05/26/2017 44:11 Md.R. 533-543
Proposed Rule
Hearing
Maryland Department of the Environment
Water Pollution [COMAR 26.08.02 and COMAR 26.08.09]
Proposes revisions to water quality standard regulations, including:
Updates to recreational criteria, the list of Tier II waters, and beach regulations
Incorporation of corrections to Use Class identification and Chesapeake Bay boundary units
Comments due 06/26/2017. Hearing is scheduled for 06/13/2017 in Baltimore, Maryland.
A Summary of Proposed Amendments to Water Quality Standards is also available on MDE’s website.
2.6 Mississippi State Regulatory Review
No regulatory items of interest were identified during this reporting period for Mississippi.
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2.7 New Mexico State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in New Mexico.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
NM060217-1 Air
MACT
05/30/2017 New Mexico Register
Final Rule Air Quality Bureau
Final Rule 20.2.82 NMAC Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants
Finalizes incorporation of federal revisions to MACT standards for source categories of HAPs. Effective 05/30/2017.
NM060217-2 Air
NESHAP
05/30/2017 New Mexico Register
Final Rule Air Quality Bureau
Final Rule 20.2.78 NMAC Emission Standards for Hazardous Air Pollutants
Finalizes incorporation of federal revisions to NESHAP regulations. Effective 05/30/2017.
NM060217-3 Air
NSPS
05/30/2017 New Mexico Register
Final Rule Air Quality Bureau
Final Rule 20.2.77 NMAC New Source Performance Standards
Finalizes incorporation of federal revisions to NSPS regulations. Effective 05/30/2017.
NM060217-4 Water
WQCC
05/31/2017 WQCC Notice
Meeting
Water Quality Control Commission
Notice of Public Meeting for the Water Quality Control Commission
Announces a meeting of the WQCC scheduled for 07/11/2017 in Santa Fe, New Mexico.
Agenda will be available 10 days before the meeting.
2.8 Ohio State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Ohio.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
OH060217-1 Air
Asbestos
05/30/2017 DAPC– What's New
Notice Division of Air Pollution Control, Ohio Environmental Protection Agency
Asbestos Rules [OAC 3701-34, OAC 3745-20]
Announces intent to transfer the Ohio Department of Health Asbestos Program to the OEPA Asbestos Program, including standards related to asbestos hazard abatement contractors, professionals, and training courses. Comments due 06/30/2017.
OH060217-2 Air
NAAQS - Lead
05/31/2017 82 FR 24871 HTML | PDF
Final Rule U.S. Environmental Protection Agency
Air Plan Approval; Ohio; Re-designation of the Cleveland Area to Attainment of the 2008 Lead Standard [40 CFR Parts 52 and 81]
Direct final rule redesignates the Cleveland, Ohio area to attainment for the 2008 Lead NAAQS. Also finalizes approval of SIP revisions, RACM/RACT requirements, and emission inventory requirements. Effective 07/31/2017. Comments due 06/30/2017.
OH060217-3 Air
PM
06/01/2017 DAPC– What's New
Proposed Rule
Hearing
Division of Air Pollution Control, Ohio Environmental Protection Agency
Particulate Matter Standards [OAC 3745-17]
Proposes amendments to establish requirements for PM emissions from stationary sources such as fuel-burning equipment, storage piles, roadways, and industrial processes. Comments due 07/11/2017. Hearing is scheduled for 07/11/2017.
OH060217-4 Hazardous Substances
05/31/2017 DAPC– What's New
Proposed Rule
Division of Air Pollution Control, Ohio Environmental Protection Agency
Identification of Hazardous Chemicals [OAC 3750-30-25]
Proposes to incorporate federal revisions to hazardous chemical reporting regulations, including the adoption of GHS classifications and chemical labeling. Comments due 07/07/2017.
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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2.9 Texas State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Texas.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
TX060217-1 Air
SIP - CO
05/22/2017 82 FR 23148 HTML | PDF
Final Rule
Withdrawal
U.S. Environmental Protection Agency
Approval and Promulgation of Implementation Plans; Texas; El Paso Carbon Monoxide Limited Maintenance Plan [40 CFR Part 52]
Finalizes withdrawal of direct final rule (82 FR 14442, 03/21/2017). Effective 05/22/2017.
TX060217-2 Natural Resources
NEPA
05/26/2017 82 FR 24345 HTML | PDF
Notice U.S. Environmental Protection Agency
Environmental Impact Statements; Notice of Availability
Announces receipt of various EISs, including the final document, “Sabine Pass to Galveston Bay,” which examines coastal storm risk management and ecosystem restoration challenges and opportunities. Comments due 06/26/2017.
TX060217-3 Radiation
Fees
05/26/2017 42 TexReg 2829
Final Rule Texas Commission of Environmental Quality
Radioactive Substances
Finalizes requirement for low-level radioactive waste disposal site licensees to pay an annual fee for services from TCEQ. Effective 06/01/2017.
2.10 Utah State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Utah.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
UT060217-1 Air 06/01/2017 UT Bull. Vol 2017-11, pp. 212-218
Notice Utah Department of Environmental Quality; Division of Air Quality
Air Quality Five-Year Notices of Review and Statements of Continuation
Announces determination to renew the following rules, without change, for 5 years:
R307-105: General Requirements: Emergency Controls R307-214: National Emission Standards for Hazardous Air Pollutants R307-401: Permit: New and Modified Sources R307-403: Permits: New and Modified Sources in Nonattainment Areas
and Maintenance Areas R307-406: Visibility R307-410: Permits: Emissions Impact Analysis R307-414: Permits: Fees for Approval Orders R307-415: Permits: Operating Permit Requirements R307-417: Permits: Acid Rain Sources R307-420R: Permits: Ozone Offset Requirements in Davis and Salt
Lake Counties R307-421: Permits: PM10 Offset Requirements in Salt Lake County and
Utah County R307-424: Permits: Mercury Requirements for Electric Generating Units
Effective 05/15/2017.
UT060217-2 Air
Fugitive Dust
06/01/2017 UT Bull. Vol 2017-11, p. 33
Proposed Rule
Utah Department of Environmental Quality; Division of Air Quality
Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive
Emissions and Fugitive Dust [R307-309]
Proposes to amend fugitive dust regulations to clarify language regarding applicability and compliance methods, including:
Requiring records to be retained for at least 2 years Clarifying regulations apply to fugitive dust sources one-quarter acre or
greater Allowing for flexibility to observe emissions at varying lengths of
duration, not just 6 minutes Clarifying fugitive dust plans are required for certain activities
Comments due 07/03/2017.
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
UT060217-3 Air
Motor Vehicles
06/01/2017 UT Bull. Vol 2017-11, p. 30
Proposed Rule
Utah Department of Environmental Quality; Division of Air Quality
General Requirements: Heavy Duty Vehicle Tax Credit [R307-122]
Proposes to amend rule language to include "100% electric drivetrain" and "hydrogen-electric drivetrain" wherever "OEM natural gas vehicle" is mentioned. Comments due 07/03/2017.
UT060217-4 Air
NOx
06/01/2017 UT Bull. Vol 2017-11, p. 32
Proposed Rule
Utah Department of Environmental Quality; Division of Air Quality
NOX Emission Limits for Natural Gas-Fired Water Heaters [R307-230]
Proposes to incorporate into Air Quality rules current State Construction and Fire Codes Act (Building Code) NOX emission limits for natural gas-
fired water heaters. Comments due 07/03/2017.
UT060217-5 Waste
Hazardous Waste
06/01/2017 UT Bull. Vol 2017-11, pp. 37-154
Proposed Rule
Utah Department of Environmental Quality; Division of Waste Management and Radiation Control
Hazardous Waste Generator Improvements
Proposes to amend the following rules to incorporate federal revisions to hazardous waste generator regulations:
R315-15: Standards for the Management of Used Oil R315-260: Hazardous Waste Management System R315-261: General Requirements - Identification and Listing of
Hazardous Waste R315-262: Hazardous Waste Generator Requirements R315-263-12: Transfer Facility Requirements R315-264: Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities R315-265-1: Incorporation R315-266-80: Spent Lead-Acid Batteries Being Reclaimed --
Applicability and Requirements R315-268: Land Disposal Restrictions R315-270-1: Hazardous Waste Permit Program - Purpose and Scope
of These Regulations R315-273: Standards for Universal Waste Management R315-301-2: Definitions R315-304-3: Definitions R315-305-3: Definitions
Comments due 07/03/2017.
UT060217-6 Water
Wastewater
06/01/2017 UT Bull. Vol 2017-10, p. 219
Notice Utah Department of Environmental Quality; Division of Water Quality
Design Requirements for Wastewater Collection, Treatment and Disposal Systems [R317-3]
Announces determination to renew the current rule, without change, for 5 years. Effective 05/09/2017.
2.11 Virginia State Regulatory Review
This summary includes items that were reviewed for potential impacts to NASA-related operations in Virginia.
Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
VA060217-1 Air
Permits
05/29/2017 33:20 VA.R 2198-2211
Proposed Rule
Hearing
State Air Pollution Control Board, Virginia Department of Environmental Quality
Permits for Stationary Sources [9VAC5-80]
Proposes amendments that would:
Increase the emissions fee rate over 2 years Change the calculation method for future Consumer Price Index
emissions fee adjustments Exclude GHG emissions from emissions fee calculations Increase certain permit application fees Increase permit maintenance fees Establish a new minimum fee for synthetic minor sources Add definitions of "greenhouse gas" and "regulated pollutant" Revise definition of "actual emissions"
Comments due 07/28/2017. Hearing is scheduled for 07/06/2017 in Richmond, Virginia.
NASA RRAC PC REGULATORY TRACKING SUMMARY 02 JUNE 2017
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Tracking Number
Subject Date
Published Ref. Page
Type Action
Description
VA060217-2 Air
SIP
05/30/2017 82 FR 24537 HTML | PDF
Final Rule U.S. Environmental Protection Agency
Air Plan Approval; Virginia; Update to Materials Incorporated by Reference [40 CFR Part 52]
Finalizes updates to SIP materials incorporated by reference. Effective 05/30/2017.
VA060217-3
LaRC should be aware of this action.
Natural Resources
Coastal Zone Management
05/26/2017 VDEQ Website
Notice Virginia Department of Environmental Quality
Flight Dynamics Research Facility, LaRC
Announces review of the construction of the Flight Dynamics Research Facility to determine whether it is consistent with Virginia's Coastal Zone Management Act. Comments due 06/20/2017.
VA060217-4
WFF should be aware of this action.
Water
Wastewater
05/29/2017 33:20 VA.R. 2238-2251
Final Rule State Board of Health, Virginia Department of Health
Regulations for Alternative Onsite Sewage Systems [12VAC5-613]
Direct final rule:
Revises the definition of "direct dispersal of effluent to ground water" Adds new performance requirements for repairs and voluntary system
upgrades for those that discharge to groundwater Specifies any system constructed after 12/07/2013 is not eligible for
new performance requirements
Effective 07/17/2017. Comments due 06/28/2017.
VA060217-5 Water
Water Quality
05/31/2017 Virginia Town Hall Website
Notice Virginia Department of Environmental Quality
Virginia Water Protection Permit Program [9VAC25-210], Virginia Water Protection General Permit for Impacts from Development [9VAC25-690]
Announces revisions to the Standard Joint Permit Application and Tidewater Joint Permit Application for the VWP Permit Program.
