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new & noteworthy

Review of Underground Storage Tanks: The Underground Storage Tanks section for all 51 jurisdictions has been reviewed to ensure it indicates which regulations apply in each state. States with a UST program approved by EPA must comply with the state’s regulations in lieu of federal regulations, while states that do not have a program approved by EPA must comply with both state and federal regulations. Additional state-specific changes for USTs are described in the highlights by state and topic below.

Environmental State DifferencesSummaries and Checklists: Audit Edition

50 States and Puerto Rico

R E L E A S E 1 4 6 – F e b r u a r y 2 0 1 8

California audit checklists

The California state regulatory summary is included in this Environmental State Differences guide. Full audit checklists for California are provided in a separate publication, Environmental Auditing: Integrated Federal and California Compliance Guide, which integrates federal and California regulations in one comprehensive tool.

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© Specialty Technical Publishers - All rights reserved 1.800.251.0381 [email protected] www.stpub.com

Review of Hazardous Wastes: The Hazardous Wastes section for all 51 jurisdictions is being reviewed to incorporate updates related to the federal Hazardous Waste Generator Improvement Rule. The federal rule contains changes that are both more stringent and less stringent than current regulations. States authorized for the RCRA program must adopt the more stringent provisions by July 2018 (or by July 2019, if they require legislation to update their regulations). Until those state adoptions occur, the federal rule will not take effect in the state. For the less stringent changes, states are not required to modify their programs (although they may choose to do so). The status of state adoption as of March 20, 2018, is as follows:

– States where the rule has been adopted: AL*, AK, GA, IA, KY, NJ, PA, PR, UT, VA, WV*.

– States with proposed rules: HI, ID, MS, NC, OK, WA, WI.

– States with no reported rulemaking activity or schedule: AR, CT, DE, FL, LA, ME, NM, NY, ND.

– States anticipated to update their rules in 2018: CA, CO, IL, KS, MD, MA, MI, MN, MO, MT, VT.

– States anticipated to update their rules in 2019: AZ, IN, NE, NV, NH, OH, OR, RI, SC, SD, TN, TX, WY.

* A final rule was adopted by this state after the content for this update was prepared, so state differences to that rule will be included in the next update of this Guide.

highlights by state and topic

State-specific updates for all 51 jurisdictions covered in the Environmental State Differences Summaries and Checklists are summarized below. Only states for which we have provided updates are listed below—a state that is not listed did not receive updates this quarter. Your update only contains material for the jurisdiction(s) included in your subscription.

Alabama

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Alabama has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (a final rule was adopted by this state after the content for this update was prepared, so those changes will be included in the next update of this Guide) (No Citation).

Arizona

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Arizona has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).



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Arkansas

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Arkansas has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Arkansas has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

California

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that California has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Colorado

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Colorado has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (6 CCR 1007-3, Section 261.6).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Colorado has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Hazardous Wastes—Hazardous Waste Transporters: In Colorado, transfer facilities handling CESQG waste are subject to all requirements for transporters except for the ten-day storage requirement in 40 CFR 263.12(b)) (6 CCR 1007-3, Section 263.10).

Connecticut

Hazardous Wastes—Waste Classification: Connecticut has adopted the conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes that are cleaned and reused or disposed of, but adds some additional requirements for labeling and documentation (RCSA 22a-449(c)-101(d)).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Connecticut has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Delaware

Hazardous Wastes—Waste Classification: Additional details on state exclusions from the definition of solid and hazardous waste have been provided (7 Admin Code 1302(261.3 and 261.4).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Delaware has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).



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Hazardous Wastes—Hazardous Waste Transporters: Additional details on insurance requirements for transporters and on the requirements for transfer facilities, including conditions under which transporters are excluded from the transfer facility rules, have been added (7 Admin Code 1302 Part 263).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Additional details on the requirements for hazardous waste treatment, storage, and disposal facilities have been provided (7 Admin Code 1302 Parts 264 and 265).

Hazardous Wastes—Used Oil: Information on used oil and hazardous waste mixing, requirements for used oil transportation, and requirements for used oil processing and re-refining facilities have been added (7 Admin Code 1302 Part 279).

Hazardous Wastes—Universal Waste: Delaware requires small quantity handlers of universal waste to keep records of all shipments of universal waste (7 Admin Code 1302 Part 273).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Citation references for the licensing of professional engineers have been updated (29 Del. C. 2802A and 2803).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: This topic has been updated to include additional details regarding notification to the Delaware Natural Resources and Environmental Control (DNREC) of soil or groundwater contamination from a regulated substance. The exemption from the leak reporting and corrective action requirements for ASTs that are regulated by hazardous waste regulations was also added (7 Admin Code 1352(A.1.2.4) and 7 Admin Code 1352(B.14.1.1)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: This topic has been updated to include additional details regarding new owner notification to DNREC, the prohibition on installing bare steel UST systems or steel UST systems coated with asphalt, and the date that new hazardous substance USTs must be installed so as not to void the manufacturer’s warranty. In addition, the regulations relating to dispenser sumps that are equipped with a sump sensor have been added (7 Admin Code 1351(B.1.26), 7 Admin Code 1351(A.4.4.2), 7 Admin Code 1351(C.2.1.2)) and 7 Admin Code 1351(D.1.1.6)).

Underground Storage Tanks—Suspected and Confirmed Release Reporting: This topic has been updated to clarify that spills and overfills of regulated substances that meet the federal reporting thresholds must also be reported to DNREC (7 Admin Code 1351(E.1.4 and E.1.5)).

Underground Storage Tanks—Certification: The requirement for individuals who supervise UST system work to be certified by DNREC has been added (7 Admin Code 1351(G.1.1.2)).



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Florida

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Florida has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Florida has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Wastewater—Process Wastewater Discharges: Florida has repealed regulations that established a general permit for pesticide waste degradation systems (FAC 62-660.802).

Georgia

Hazardous Wastes—Waste Classification: Georgia has not adopted federal provisions that allow a state to make a formal determination that a hazardous secondary material is not discarded and therefore not a solid waste. In addition, the state has not adopted the federal hazardous waste exclusion in 40 CFR 261.4(h) for carbon dioxide streams that are injected for geologic sequestration (391-3-11-.07(2) and 391-3-11-.01).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to note that Georgia has adopted the federal Hazardous Waste Generator Improvement Rule that was issued by EPA on November 28, 2016 (No Citation).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Georgia has not adopted the federal regulations in 40 CFR 264.149 (which provide for the use of state-required mechanisms for financial assurance of closure, post-closure care, or liability coverage) or the rules in 40 CFR 264.150 (which provide for state assumption of financial responsibility for closure, post-closure care, or liability coverage) (391-3-11-.05).

Operator Certification—Certification and Renewal: Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application (750-4-.06(2)).

Hawaii

Hazardous Wastes—Waste Classification: Hawaii reorganized and renumbered its hazardous waste rules, so all citations have been updated. In addition, the state also updated its waste classification rules, including the adoption of the federal conditional exclusions for solvent contaminated wipes and for hazardous secondary materials (HAR 11-261.1).

Hazardous Wastes—Hazardous Waste Generators: Hawaii reorganized and renumbered its hazardous waste rules, so all citations have been updated. This section has also been updated to reflect the fact that Hawaii has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (HAR 11-262.1).



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Hazardous Wastes—Hazardous Waste Transporters: Hawaii reorganized and renumbered its hazardous waste rules, so all citations have been updated. In addition, the requirements for manifesting when hazardous wastes are transferred between transporters have been revised (HAR 11-263.1).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Hawaii reorganized and renumbered its hazardous waste rules, so all citations have been updated. The state has also made a number of changes to update the financial assurance and permitting regulations (HAR 11-264.1 and HAR 11-265.1).

Hazardous Wastes—Used Oil: Hawaii reorganized and renumbered its hazardous waste rules, so all citations have been updated. Minor updates have also been made to the used oil requirements (HAR 11-279.1).

Hazardous Wastes—Universal Waste: Hawaii reorganized and renumbered its hazardous waste rules, so all citations have been updated. The state has also added electronic items as universal wastes (HAR 11-273.1).

Solid Wastes—Electronic Wastes: Hawaii now regulates certain electronic items as universal waste, so a cross reference to the Hazardous Waste rules has been added (HAR 11-273.1).

Idaho

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Idaho has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Underground Storage Tanks (All Subsections): The Idaho Department of Environmental Quality (DEQ) has amended its UST regulations to incorporate the July 15, 2015, federal regulations (IDAPA 58.01.07.004(01)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: DEQ has not adopted the federal requirement for all new and replaced tanks and piping and new dispensers to be equipped with secondary containment and use interstitial monitoring (IDAPA 58.01.07.004(01)(c) and (d)).

Underground Storage Tanks—General Operating Requirements: All inspections must be performed by DEQ or a state approved inspector. In addition, beginning January 2, 2018, all regulated USTs must pay an annual UST fee to DEQ (IDAPA 58.01.07.400 and IDAPA 58.01.07.601).

Underground Storage Tanks—Release Detection: DEQ has added alternative methods of release detection for all hazardous substance UST systems and containment sumps used for the interstitial monitoring of piping. DEQ also allows hazardous substance UST systems to follow alternative requirements for secondary containment systems. In addition, all petroleum USTs and piping must meet the release detection requirements of 40 CFR 280.41(a)(1) and (b)(1), regardless of the date they were installed (IDAPA 58.01.07.004(01)).



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Underground Storage Tanks—Suspected and Confirmed Release Reporting: Owners and operators of UST systems must report a suspected release to DEQ within 24 hours (IDAPA 58.01.02.851(01)).

Illinois

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Illinois has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Illinois has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Underground Storage Tanks—Applicability and Scope: This topic has been revised to add the requirements for partially exempt USTs (41 IAC 174.100).

Underground Storage Tanks—Design, Construction, Installation, and Registration: This topic has been revised to include details regarding overfill prevention, containment sumps, under dispenser containment, double-walled construction, and field-installed spray-on or pour-on materials. In addition the Office of the State Fire Marshal (OSFM) has not specifically adopted the requirement to notify OSFM at least 30 days in advance before switching to blended fuels containing greater than 10 percent ethanol (E10) or greater than 20 percent biodiesel (B20) or to any other regulated substances where compatibility can be an issue (41 IAC 175.405, 41 IAC 175.410, and 41 IAC 175.415).

Underground Storage Tanks—General Operating Requirements: This topic has been reviewed and revised to include the requirement that emergency repairs require a permit and the procedures to be followed for failed precision tank or line tests and defective tank or piping leak detection equipment. In addition OSFM has not adopted the federal requirement to perform 30-day and annual walkthrough inspections of UST facilities and to test repairs made to spill or overfill equipment and secondary containment areas within 30 days after repairs are made (41 IAC 175.710(a) and 41 IAC 175.720(b)).

Underground Storage Tanks—Release Detection: This topic has been reviewed and revised to include additional methods for petroleum UST piping release detection (41 IAC 175.640).

Underground Storage Tanks—Closure and Out-of-Service USTs: Recordkeeping requirements for information generated from site assessments and related activities were updated to provide details on the requirement to put a UST system back into operation (41 IAC 176.330(e) and 41 IAC 175.810).

Indiana

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Indiana has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).



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Kansas

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Kansas has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Kansas has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Kentucky

Hazardous Wastes—Waste Classification: Kentucky has repealed and replaced its hazardous waste classification rules. As part of this change, the state has adopted the conditional exclusions for solvent contaminated wipes, hazardous secondary materials, and cathode ray tubes (401 KAR 39:060).

Hazardous Wastes—Hazardous Waste Generators: Kentucky has repealed and replaced its hazardous waste generator regulations. As part of this update, the state has adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (401 KAR 39:080 Section 1).

Hazardous Wastes—Hazardous Waste Transporters: All regulatory citations have been updated due to the repeal and replacement of Kentucky’s hazardous waste transporter regulations (401 KAR 39:080 Section 2).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Kentucky has repealed and replaced its hazardous waste treatment, storage, and disposal facility regulations. As part of this update, the state has adopted the standardized permit provisions, made changes to the rules for financial assurance and corrective action, and added detailed requirements for surface impoundments, waste piles, and landfills (401 KAR 39:080 and 39:090).

Hazardous Wastes—Used Oil: All regulatory citations have been updated due to the repeal and replacement of Kentucky’s used oil regulations. In addition, the state has made minor changes to the used oil rules (401 KAR 39:080 Section 4).

Hazardous Wastes—Universal Waste: All regulatory citations have been updated due to the repeal and replacement of Kentucky’s universal waste regulations. The state has also made minor changes to the universal waste handler requirements (401 KAR 39:080 Section 3).

Louisiana

Hazardous Wastes—Waste Classification: Louisiana has adopted the exclusion for hazardous secondary materials that are being reclaimed. In addition, this section has been updated to reflect the fact that Louisiana has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (33 LAC V.105).



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Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Louisiana has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Maine

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Maine has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Maryland

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Maryland has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Maryland has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Massachusetts

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Massachusetts has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Michigan

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Michigan has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Michigan has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Minnesota

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Minnesota has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Minnesota has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).



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Mississippi

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Mississippi has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Mississippi has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Operator Certification—Certification and Renewal: Mississippi has amended its reciprocity requirements (11 Miss. Admin. Code Pt. 6, Ch. 3, R. 3.4(F)).

Missouri

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Missouri has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Missouri has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Montana

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Montana has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Montana has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Licensed DEQ inspectors must conduct inspections of installations or closures that are not conducted by a licensed installer (ARM 17.56.1308(1)).

Underground Storage Tanks—General Operating Requirements: DEQ has clarified the time frames for correcting violations and the submission of the follow-up inspection report and has also revised the documentation that licensed installers must submit to DEQ after installation or closure (ARM 17.56.309 and ARM 17.56.1410).

Underground Storage Tanks—Release Detection: DEQ has added annual leak testing requirements for terminal piping (ARM 17.56.402(4)).

Underground Storage Tanks—Closure and Out-of-Service USTs: DEQ has added criteria on what constitutes an “inactive” UST (ARM 17.56.701(1)).



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Nebraska

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Nebraska has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Nebraska has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Nevada

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Nevada has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Nevada has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

New Hampshire

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that New Hampshire has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers. In addition, the state has rescinded an exemption for pharmaceutical waste collected by police officers (Env-Hw 401.03(b)).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that New Hampshire has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

New Jersey

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to note that New Jersey has adopted the federal Hazardous Waste Generator Improvement Rule that was issued by EPA on November 28, 2016 (No Citation).

New Mexico

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that New Mexico has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that New Mexico has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).



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New York

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that New York has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that New York has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Hazardous Wastes—Used Oil: New York has updated and consolidated its used oil rules by moving the used oil requirements previously found in the solid waste rules in 6 NYCRR 360-14 to the hazardous waste rules in 6 NYCRR 374-2, Standards for the Management of Used Oil (6 NYCRR 374-2).

Solid Wastes—Overall Solid Waste Management Requirements: New York has completely revised and reorganized its solid waste regulations. The state has also made a number of changes and enhancements to the existing rules. Revisions include removal of Subpart 360-14, regulatory criteria for used oil; the regulatory criteria and requirements for used oil are now contained solely in 6 NYCRR 374-2, Standards for the Management of Used Oil (6 NYCRR 360 – 369).

Solid Wastes— Solid Waste Landfills: New York has completely revised and reorganized its solid waste regulations. The state has also made a number of changes and enhancements to the existing rules for solid waste landfills (6 NYCRR 363).

Solid Wastes— Solid Waste Transfer Facilities and Transporters: New York has completely revised and reorganized its solid waste regulations. This rulemaking includes a number of revisions to regulations governing solid waste transportation (6 NYCRR 364).

Solid Wastes—PCB-Containing Wastes: The regulatory citations for requirements related to PCB-containing waste have been updated (6 NYCRR 371.4(e)).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: New York has completely revised and reorganized its solid waste regulations. This rulemaking includes revisions to the requirements for regulated medical wastes and other infectious waste (6 NYCRR 365).

Solid Wastes—Asbestos Wastes: New York has completely revised and reorganized its solid waste regulations. This rulemaking includes minor revisions to the requirements relating to asbestos-containing waste (6 NYCRR 363-7.1 and 6 NYCRR 362-3.5).

Solid Wastes— Petroleum-Contaminated Soils: New York has completely revised and reorganized its solid waste regulations. This rulemaking includes minor revisions to the requirements relating to petroleum-contaminated soil (6 NYCRR 360.13 and 6 NYCRR 360.14).

Solid Wastes—Waste Tires: New York has completely revised and reorganized its solid waste regulations. This rulemaking includes minor revisions to the requirements relating to waste tires (6 NYCRR 361-6).



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Solid Wastes—Other Solid Wastes: New York has completely revised and reorganized its solid waste regulations. The state has established or revised regulations for construction and demolition debris, metals and discarded metal-containing products and vehicles, used cooking oil or yellow grease, and navigational dredged materials (6 NYCRR 361).

Solid Wastes—Other Treatment Technologies: New York has completely revised and reorganized its solid waste regulations. This rulemaking includes minor revisions to the requirements for combustion or thermal treatment facilities, composting and other organics processing facilities, mulch processing facilities, and land application sites (6 NYCRR 362 and 6 NYCRR 361).

Solid Wastes—Solid Waste Recycling: New York has completely revised and reorganized its solid waste regulations. Revisions include updated requirements for recyclables handling and recovery facilities. The state has also added requirements for facilities that perform post-collection separation and/or processing of municipal solid waste (MSW) to recover recyclables or to produce a refuse-derived fuel (6 NYCRR 361-1 and 6 NYCRR 362-2).

North Carolina

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that North Carolina has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Underground Storage Tanks (All Subsections): The North Carolina Department of Environment and Natural Resources, Division of Waste Management (DWM) has amended its UST regulations to incorporate the July 15, 2015, federal amendments (15A NCAC 02N.0102).

Underground Storage Tanks—Applicability and Scope: The definition of UST has been reviewed and updated (15A NCAC 02N.0203(a)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: This topic has been reviewed and requirements that apply to USTs, piping, and dispensers installed before and after November 1, 2007, have been added (15A NCAC 02N.0301 – 02N.0303 and 15A NCAC 02N.0901 – NCAC 02N.0904).

Underground Storage Tanks—General Operating Requirements: This topic has been reviewed and requirements for the following have been added: recordkeeping and reporting, repairs, electronic sensor probes, containment sumps, spill buckets, overfill prevention equipment, and piping (15A NCAC 02N.0104, 15A NCAC 02O.0402, 15A NCAC 02N.0404, 15A NCAC 02N.0405, 15A NCAC 02N.0901, 15A NCAC 02N.0902, 15A NCAC 02N.0904, and 15A NCAC 02N.0905).

Underground Storage Tanks—Release Detection: This topic has been reviewed and the requirements that apply to the testing interstitial spaces and interstitial monitoring have been added (15A NCAC 02N.0903(f) and 15A NCAC 02N.0901).



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Underground Storage Tanks—Suspected and Confirmed Release Reporting: This topic has been reviewed and spill and overfill reporting requirements have been added along with DWM’s additional criteria that requires reporting for a suspected release (15A NCAC 02N.0601, 15A NCAC 02N.0901(m), and 15A NCAC 02N.0604).

Underground Storage Tanks—Closure and Out-of-Service USTs: This topic has been reviewed and the requirement to assess a UST upon a change in service has been added (15A NCAC 02N.0803).

Underground Storage Tanks—Financial Responsibility: This topic has been reviewed and recordkeeping requirements for owner or operators using an Insurance Pool have been added. In addition, information about the reimbursement of costs incurred for the cleanup of discharges or releases from noncommercial or commercial UST systems has been added (15A NCAC 02P and 15A NCAC 02O.0402(b)(1)).

Underground Storage Tanks—Certification: This topic has been reviewed and updated to include the requirement for persons installing, replacing, or repairing UST systems or UST system components to be trained and certified when required by the equipment. In addition, requirements that apply to the primary operator have been added (G.S. 143-215.94 and 15A NCAC 02N.0901(f)).

North Dakota

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that North Dakota has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that North Dakota has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Ohio

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Ohio has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Ohio has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Underground Storage Tanks (All Subsections): The Division of State Fire Marshal has amended the UST regulations to adopt the July 15, 2015, federal amendments. In addition to the changes described below, the State Fire Marshal has also made a number of changes that impact the numbering of the regulations (OAC 1301:7-9).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The State Fire Marshal has revised the requirements for registration applications, secondary containment for piping, work requiring a permit, and internal lining (OAC 1301:7-9-04, OAC 1301:7-9-06 and OAC 1301:7-9-10(C)).



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Underground Storage Tanks—General Operating Requirements: The State Fire Marshal has added requirements for spill and overfill prevention equipment testing and inspections, walkthrough inspections, tightness testing, metal piping, and compatibility (OAC 1301:7-9-06).

Underground Storage Tanks—Release Detection: The State Fire Marshal has added requirements for containment sumps, USTs that store fuel for use by emergency generators, and work requiring a permit. Additional details have been provided on allowable release detection methods according to the installation date of USTs and piping (OAC 1301:7-9-07).

Underground Storage Tanks—Suspected and Confirmed Release Reporting: Spills and overfills of more than 25 gallons of petroleum products must be reported by the owners or operators to the State Fire Marshal and the local fire department within 24 hours of discovery (OAC 1301:7-9-13(E)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Property owners or operators of UST system or portions of a UST system that are out of service for more than 12 months (or for a period of time longer than the time period approved in the out-of-service permit) must meet certain criteria (OAC 1301:7-9-12(E)(6)).

Underground Storage Tanks—Certification: Individuals who supervise installations, removals, modifications, removals from service, major repairs, and changes in service must be trained and certified as installers by the State Fire Marshal (OAC 1301:7-9-11).

Oklahoma

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Oklahoma has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The Petroleum Storage Tank Division (PSTD) has adopted the most recent editions of NFPA 30 and NFPA 30A (OAC 165:26-1-21).

Underground Storage Tanks (All Subsections): PSTD has amended its UST regulations to adopt the July 15, 2015, federal amendments. In addition to the changes described below, PSTD has also made a number of changes that impact the numbering of the regulations (OAC 165:25).

Underground Storage Tanks—Applicability and Scope: The definitions of “regulated substance” and “underground storage tank” have been revised (OAC 165:25-1-11).

Underground Storage Tanks—Design, Construction, Installation, and Registration: PSTD has revised the requirements for permit fees, notification of ownership changes, notification of switching regulated substances, metal USTs, repairs, overfill prevention equipment, and ball float valves. PSTD also has more extensive requirements for UST systems (OAC 165:25-1-41, 165:25-1-51, and 165:25-1-64; OAC 165:25-2-35 – 165:25-2-40, 165:25-2-53, 165:25-2-55.1, and 165:25-2-111).



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Underground Storage Tanks—General Operating Requirements: PSTD has revised the requirements for reporting and recordkeeping, warning signs, and delivery prohibition (OAC 165:25-1-53 – 165:25-1-60, 165:25-1-67, and 165:25-2-75).

Underground Storage Tanks—Release Detection: PSTD has revised the requirements for inventory control and tank tightness testing, vapor and groundwater monitoring, manual tank gauging, and release detection requirements for emergency power generator UST systems (OAC 165:25-1-23.1, OAC 165:25-3-6.22 – 165:25-3-6.24, and OAC 1165:25-3-6.27).

Underground Storage Tanks—Suspected and Confirmed Release Reporting: PSTD has revised the requirements for reporting spills and overfills, releases, and reportable events (OAC 165:25-2-39, OAC 165:25-1-57, and OAC 165:25-3-7.1).

Underground Storage Tanks—Closure and Out-of-Service USTs: PSTD has revised the requirements for out-of-service USTs, USTs that have been closed in place, USTs that are removed from the ground, and site assessments (OAC 165:25-2-133 – 165:25-2-137).

Underground Storage Tanks—Financial Responsibility: PSTD has revised the requirements for financial responsibility by requiring the use of the Petroleum Storage Tank Indemnity Fund (OAC 165:24-2-4).

Oregon

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Oregon has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Oregon has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Pennsylvania

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to note that Pennsylvania has adopted the federal Hazardous Waste Generator Improvement Rule that was issued by EPA on November 28, 2016 (No Citation).

Rhode Island

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Rhode Island has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Rhode Island has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).



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South Carolina

Air Quality—Air Quality Permitting and Management: This section has been reviewed and substantially revised to reflect the state’s facility operating permit program. References have been added to current state general permits. The state’s non-attainment status has been updated, as well as reference to the adoption of the federal Air Pollution Trading Rule (CSAPR) (R.61-62).

Air Quality—Hazardous Air Pollutants: This section has been updated to reflect the current adoption status of the federal NESHAP and MACT standards and any state differences. In particular, additional information has been added related to asbestos abatement and demolition notifications and permitting (R.61-62.63, R.61-86).

Hazardous Wastes—Waste Classification: South Carolina’s list of state-specific wastes has been updated, and information has been added to note that the state has not adopted the federal exclusions for hazardous secondary materials and for waste generated primarily from the combustion of coal or other fossil fuels (R.61-79.261).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that South Carolina has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Hazardous Wastes—Hazardous Waste Transporters: Additional details on the requirements applicable to hazardous waste transportation have been added (R.61-79.263).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: This topic has been updated to include additional details on the requirements applicable to hazardous waste treatment, storage and disposal facilities (R.61-79.264).

Hazardous Wastes—Used Oil: This topic has been updated to add details on the requirements applicable to the management of used oil (R.61-79.279).

Solid Wastes—Solid Waste Landfills: Information has been added regarding the requirements for structural fill activities and the updated requirements for Class III landfills (R.61-107.19(II) and R.61-107.19(V)).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: A requirement that all vehicles used to collect and/or transport putrescible solid wastes must be emptied and cleaned has been added (R.61-107.5(F)).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Requirements for infectious waste have been updated to specify that transport vehicles must be managed to prevent access by unauthorized persons. A requirement for intermediate handling facilities to schedule and maintain a log of shipments of waste has been added, and requirements for treatment facilities have been updated (R.61-105 R.61-105(N) and R.61-105(V)).

Solid Wastes—Asbestos Wastes: Requirements for management of asbestos waste have been added (R.61-86.1(VIII)).



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Solid Wastes—Other Solid Wastes: A MSWLF that accepts special wastes must have a waste analysis plan that addresses sampling, testing, and inspections of special wastes (S.C. Code 44-96-390(D)).

Solid Wastes—Other Treatment Technologies: Requirements for land application and standards for facilities producing compost from yard trimmings, land-clearing debris, and other organic material have been updated (R.61-107.4(III) and R.61-107.15).

South Dakota

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that South Dakota has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that South Dakota has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Tennessee no longer has any areas that are not in attainment with the National Ambient Air Quality Standard (NAAQS) for PM2.5 after the Knoxville area (Anderson, Blount, Knox, Loudon, and part of Roane Counties) was redesignated as attainment for the PM2.5 1997 annual NAAQS, effective August 28, 2017, and as attainment for the PM2.5 2006 24-hour NAAQS, effective August 29, 2017 (40 CFR 81.343).

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Tennessee has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Tennessee has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Texas

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Texas has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Texas has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Wastewater—Process Wastewater Discharges: Texas recently reissued general NPDES permits for the following: Ready-Mixed Concrete Plants, Concrete Products Plants, and Their Associated Facilities; Petroleum Bulk Stations and Terminals; Hydrostatic Test Water; Pesticides; and Aquaculture (30 TAC 205.2).



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Utah

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to note that Utah has adopted the federal Hazardous Waste Generator Improvement Rule that was issued by EPA on November 28, 2016 (No Citation).

Underground Storage Tanks (All Subsections): The Utah Department of Environmental Quality (DEQ) has amended its UST regulations to incorporate the July 15, 2015, federal regulations (R311-200 – R311-212).

Underground Storage Tanks—Applicability and Scope: The definition of “underground storage tank” has been added (19-6-402).

Underground Storage Tanks—Design, Construction, Installation, and Registration: DEQ has revised its notification requirements and requires secondary containment and interstitial monitoring for UST systems installed or replaced after January 1, 2017, and under-dispenser containment for new dispensers installed after January 1, 2017. Flow restrictors may not be used for overfill prevention when overfill prevention is installed or replaced after January 1, 2017 (R311-202-1(c) and R311-202-1(d)).

Underground Storage Tanks—General Operating Requirements: For UST systems in use on or before January 1, 2017, the initial spill prevention equipment test, containment sump test, and overfill prevention equipment inspection must be conducted no later than October 13, 2018. For UST systems brought into use after January 1, 2017, these requirements apply at installation (R311-202-1(c)).

Underground Storage Tanks—Release Detection: UST systems that store fuel solely for use by emergency power generators that were installed on or before January 1, 2017, must meet the release detection requirements by October 13, 2018. UST systems that store fuel solely for use by emergency power generators installed after January 1, 2017, must meet release detection at installation. Records of site assessments developed after January 1, 2017, must be signed by a professional engineer, professional geologist, or equivalent licensed professional (R311-202-1(c)).

Underground Storage Tanks—Suspected and Confirmed Release Reporting: Any release or suspected release must be reported to DEQ within 24 hours of discovery (R311-205-2(a)(4)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Owners or operators of USTs that are permanently closed, that are temporarily closed, or that have a change-in-service, must submit a closure notice form (R311-204-4(b) and R311-204-4(c)).

Underground Storage Tanks—Financial Responsibility: Owners or operators of eligible exempt USTs may voluntarily participate in the Environmental Assurance Program (R311-206-6(a)).

Underground Storage Tanks—Certification: Class A and B operators must renew their registrations every 3 years (R311-201-12(h)(2)(d)).



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Vermont

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Vermont has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: This topic has been reviewed and the definition of “bulk storage tank” has been added (DEC Rules, Ch. 9, Subch. 2).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Vermont has amended its regulations to regulate the installation of new aboveground storage tank (AST) systems and substantial alterations of existing tank systems that store petroleum fuel oil; require periodic tank system inspections and establish criteria for inspections; and create a formal requirement to report certain noncompliance and to designate a tank system as noncompliant and red-tagged (DEC Rules, Ch. 9).

Operator Certification (All Subsections): The Office of Professional Regulation (OPR) now issues licenses for wastewater treatment operators, formerly under the jurisdiction of the Vermont Department of Environmental Conservation (DEC). Topical sections have been updated as required (Pollution Abatement Facility Operators Regs).

Operator Certification—Applicability and Definitions: Definitions have been added for “pollution abatement facilities” and “practice of pollution abatement facility operation” (26 VSA 5102 and 10 VSA 1263).

Operator Certification—Classification of Wastewater Systems: Citations for the classification of wastewater treatment facilities have changed with the transfer of licensing regulations to OPR from DEC (DEC Rules, Ch. 4, Appendix A).

Operator Certification—Classification of Operators: Operators’ certificates are valid for two years. OPR will honor DEC-issued licenses and their expiration dates (5 years), if they were renewed with OPR by December 31, 2016 (Pollution Abatement Licensing Regs., 6-1, 6-2, and 6-4).

Operator Certification—Certification and Renewal: Applicants for certification must be at least 18 years of age (Pollution Abatement Licensing Regs., 4-1).

Operator Certification—Operator Duties and Responsibilities: Applicants or licensees must report certain information to OPR within 10 days (Pollution Abatement Licensing Regs., 7-1).

Underground Storage Tanks—General Operating Requirements: References to Class One UST facilities has been revised to read Category One UST facilities (DEC Rules, Ch. 8, Sec. 8-307).



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Wastewater—Process Wastewater Discharges: This section has been reviewed and expanded to include the state’s permitting and compliance program requirements related to direct discharges to surface water resources, discharges to groundwater (“indirect discharges”), and groundwater withdrawal (10 VSA 1418; DEC Rules, Ch. 13; DEC Rules, Ch. 14; and DEC Rules, WS Ch. 24).

Wastewater—Storm Water Discharges: References to the state’s general permits for storm water discharges have been revised to reflect their current status (http://dec.vermont.gov/watershed/stormwater/permit-information-applications-fees). Additional details regarding the applicability of the VT Multi-Sector Group Permit to storm water discharges associated with industrial activities has been provided.

Wastewater—Underground Injection Control: This section has been reviewed and substantially revised to reflect the state’s current underground injection control program (DEC Rules, Ch. 11).

Virginia

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Virginia has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Virginia has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Wastewater—Process Wastewater Discharges: The following general permits have been reissued: General VDPES Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed; General VDPES Permit for Domestic Sewage Discharges ≤ 1000 Gallons per Day; and General VDPES Permit for Vehicle Wash and Laundry Facilities (9 VAC 25-820, 9 VAC 25-110, and 9 VAC 25-194).

Washington

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Washington has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

West Virginia

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that West Virginia has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (a final rule was adopted by this state after the content for this update was prepared, so those changes will be included in the next update of this Guide) (No Citation).



http://dec.vermont.gov/watershed/stormwater/permit-information-applications-fees

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Wisconsin

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Wisconsin has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Wisconsin has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

Wyoming

Hazardous Wastes—Waste Classification: This section has been updated to reflect the fact that Wyoming has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016, which includes a biennial reporting requirement for certain recyclers (No Citation).

Hazardous Wastes—Hazardous Waste Generators: This section has been updated to reflect the fact that Wyoming has not yet adopted the federal Hazardous Waste Generator Improvement Rule issued by EPA on November 28, 2016 (No Citation).

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Fire Code Management of Hazardous Materials: The Essential Guide has extensive checklists to enable facilities to assess their compliance with the fire codes adopted by the majority of U.S. states. This guide covers hazardous materials requirements specified by the National Fire Protection Association (NFPA) standards (including NFPA 1 2000, NFPA 1-UFC 2003, NFPA 1-UFC 2006, NFPA 1-FC 2009, NFPA 1-FC 2012, NFPA 1-FC 2015), and International Fire Code (IFC 2003, 2006, 2009, 2012, 2015). Available formats: online and via risk management systems.

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new & noteworthy

State Review: This update begins a long-range cycle where selected states undergo a thorough review to ensure that material is current and relevant for subscribers. This update includes reviews of Delaware, Illinois, South Carolina, and Vermont. Specific changes are highlighted in the highlights by state and topic section below. Additional states will receive intensive reviews in future updates. Note: The Pesticide and Wetlands topics are not included in this review at this time.





R E L E A S E 1 4 5 – O C T O B E R 2 0 17



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Alaska

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: A part of the Fairbanks North Star Borough was reclassified from moderate to serious nonattainment for the PM2.5 2006 24-hour National Ambient Air Quality Standard (NAAQS) effective June 9, 2017 (40 CFR 81.302).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Alaska has adopted registration and notification requirements for onshore facilities that store noncrude oil in ASTs that have capacities of 1,000 gallons or greater, effective August 23, 2017 (18 AAC 75.835 – 75.849).

Colorado

Underground Storage Tanks—Applicability and Scope: UST systems that store fuel solely for use by emergency power generators and that are installed after January 1, 2017, must meet all applicable requirements of 7 CCR 1101-14, Section 2-1 (7 CCR 1101-14, Section 2-1-1(a)(1)(iii)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The Division of Oil and Public Safety (OPS) has amended its requirements for tank installation applications, registration renewal, restrictions on the use of flow restrictors in vent lines, and interstitial monitoring as the sole method of release detection. Clarification of when USTs, piping, and under dispenser containment are required to have secondary containment and interstitial monitoring has been added (7 CCR 1101-14, Sections 2-2-1 – 2-2-3(a)).

Underground Storage Tanks—General Operating Requirements: OPS has revised its requirements regarding internal lining, recordkeeping, monthly and annual inspections, and spill and overfill equipment testing and inspections (7 CCR 1101-14, Sections 2-3-3, 2-3-5, 2-3-6-1, 2-3-6-2, and 2-3-7).

Underground Storage Tanks—Release Detection: OPS has revised its requirements for release detection equipment maintenance and testing, product inventory recordkeeping, hazardous substance secondary containment, approved release detection methods for pressurized and suction piping, and suspected release criteria for tanks using manual tank gauging (7 CCR 1101-14, Sections 2-3-4-1 – 2-3-4-4).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: The list of suspected releases that requires reporting within 24 hours has been updated to include the presence of water in the tank if investigation results indicate the UST system is not liquid tight (7 CCR 1101-14, Section 4-1).

Delaware

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Hazardous Wastes, Oil Spill Prevention and Aboveground Storage Tanks, Solid Wastes, Underground Storage Tanks, and Wastewater—will be completed during a future update.



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Air Quality—Air Quality Permitting and Management: This section has been updated to include the following:

– reference to the state’s NOx emissions standards for industrial boilers and process heaters (7 Admin Code 1142);

– additional citation references for the state’s Standby Plan requirements (7 Admin Code 1115);

– maintenance and testing restrictions for stationary generators (7 Admin Code 1144);

– the state’s delegation status under 40 CFR 55 (7 Admin Code 1150);

– updated nonattainment status for regions of the state (40 CFR 81.308); and

– discussion of the state’s New Source Review program requirements and current PSD status (7 Admin Code 1125).

Air Quality—Hazardous Air Pollutants: The state’s current delegation and enforcement authority for the federal NESHAP standards in 40 CFR 61 and MACT standards in 40 CFR 63 has been updated (7 Admin Code 1121), and the section has been reorganized for easier use and reference. References to the state’s low emission vehicle and idling requirements have also been added (7 Admin Code 1140 and 1141).

Air Quality—Greenhouse Gas Emissions and Climate Change Programs: Requirements for fossil-fueled power plants and petroleum refineries to participate in the “Regional Greenhouse Gas Initiative” (RGGI) and report greenhouse gas emissions have been added (7 Admin Code 1147).

Drinking Water: Permitting requirements for construction and operation of a public water system and licensing requirements for operators of water treatment facilities and water distribution systems have been added (16 Admin Code 4462 and 4463).

Hazardous Materials—Hazardous Substance Release Reporting: This new section details statutory requirements for the responsible person to immediately report environmental releases, release of pollutants, or discharge of air contaminants that exceed reportable quantities to DNREC and then file a written follow-up report (7 Del. C. 6028 and 16 Del. C. 6304).

Operator Certification at Wastewater Treatment Plants (All Subsections): All citations have changed as a result of the state reformatting and codifying the wastewater operator certification regulations (7 Admin Code 7204, Sections 1 – 15).

PCBs: The topic was reviewed and updated to add requirements for reporting releases or discharge of PCBs into surface water, groundwater, or land in excess of one pound (7 Admin Code 1203(3.0 Table A)).



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Florida

Air Quality—Air Quality Permitting and Management: This section was revised to reflect the state’s current air operating permit programs (including removing references to repealed sections of FAC Title 62). Industry categories and requirements for Florida air general permits have been clarified. Updates to the areas of the state designated as nonattainment or Class 1 PSD areas have also been provided (FAC 62-204.340, FAC 62-210.300, FAC 62-210.310, and 40 CFR 81.407).

Air Quality—New Source Performance Standards: References to the state’s New Source Performance Standards (NSPS) for municipal solid waste combustion units, solid waste landfills, hospital/medical/infectious waste incinerators, and commercial and industrial solid waste incinerators (CISWI) have been added (FAC 62-204.800).

Hazardous Wastes—Waste Classification: Additional information was added to note that any delisting of a hazardous waste that is published by EPA must be adopted by FDEP (FAC 62-730.030(1)).

Hazardous Wastes—Hazardous Waste Generators: Training requirements for large quantity generators were clarified to note that the required annual review must be computed based on the calendar year (FAC 62-730.150(5)).

Hazardous Wastes—Hazardous Waste Transporters: Additional details were provided on the types of records that must be maintained by transfer facilities (FAC 62-730.171).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Minor clarifications were made to the requirements for remedial activities and to the training requirements. The requirement to obtain a construction permit was added, as well as the exemption from specified hazardous waste generator and treatment, storage, and disposal facility standards for situations that require emergency detonation or thermal treatment of certain hazardous wastes (FAC 62-730).

Hazardous Wastes—Universal Wastes: The definition of “small quantity handler” has been clarified. Prohibitions relating to certain universal wastes (including mercury-containing devices or device components, spent mercury-containing lamps or residuals, and separated glass resulting from the processing of spent mercury-containing lamps or devices) were added, and additional details for mercury recovery and mercury reclamation facilities were provided. In addition, the regulations relating to reverse distribution programs have been repealed (FAC 62-737 and FAC 62-730.186).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Florida has clarified, restructured, and reorganized the provisions of its AST regulations. Revisions were made to definitions, applicability, incidents and discharges, AST system requirements, release detection requirements, and out-of-service and closure requirements (FAC 62-762).

Operator Certification at Wastewater Treatment Plants—Applicability and Definitions: The definition of “domestic wastewater” has been reviewed and updated (FAC 62-600.200).



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Operator Certification at Wastewater Treatment Plants—Operator Duties and Responsibilities: This topic has been reviewed and updated to include additional details about the operations and maintenance log and to modify the details of reporting abnormal events or noncompliance (FAC 62-602.650).

Solid Wastes—Overall Solid Waste Management Requirements: Information on minimum groundwater criteria for solid waste management facilities was added (FAC 62-701.320(17)).

Solid Wastes—Solid Waste Landfills: Additional details on requirements for landfill sites, groundwater monitoring, financial assurance, and closure and long-term care have been added (FAC 62-701).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: An exemption for transfer stations that consolidate waste directly from one mobile container or vehicle into another mobile container or vehicle was added (FAC 62-701.710(11)).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: This topic has been reviewed and updated to include additional details on the conditions under which biomedical waste may be deposited in any solid waste management facility, commingled with other wastes, and transported (FAC 62-701).

Solid Wastes—Petroleum-Contaminated Soils: Requirements for stationary soil treatment facilities, along with details on the general operating permit for mobile soil treatment facilities for thermal treatment of petroleum-contaminated soil, have been added (FAC 62-713).

Solid Wastes—Waste Tires: This topic has been reviewed and updated to include additional details regarding waste tire sites, collection centers, processing facilities, disposal facilities, and mobile waste tire processing equipment (FAC 62-711).

Solid Wastes—Pesticide Containers and Waste Pesticides: Information from Florida statutes and open burning rules that address pesticide disposal were added (FS 487.031 and FAC 62-256.700(5)).

Solid Wastes—Other Treatment Technologies: Additional information on the requirements for composting facilities and for yard trash processing and disposal facilities was added (FAC 62-709).

Underground Storage Tanks—Applicability and Scope: Florida Department of Environmental Protection (FDEP) has revised the applicability and exemptions for USTs. The definition of “hazardous substances” has also been added (FAC 62-761.300 and FAC 62-761.200).

Underground Storage Tanks—Design, Construction, Installation, and Registration: FDEP has amended installation, registration, wellhead protection, secondary containment, cathodic protection, compatibility, and double-walled tank requirements (FAC 62-761.700).



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Underground Storage Tanks—General Operating Requirements: FDEP has amended requirements for the integrity and maintenance of spill containment systems, interstitial spaces, dispenser sumps, and piping sumps; repairs; and cathodic protection system operation and maintenance (FAC 62-761.700).

Underground Storage Tanks—Release Detection: FDEP has additional requirements for electronic and mechanical release detection devices, monthly inspection requirements for all release detection methods, release detection requirements for UST systems that store fuel solely for use by emergency power generators, and specific release detection methods for USTs and integral piping with secondary containment (FAC 62-761.600).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: FDEP has revised its notification requirements for incidents and discharges (FAC 62-761.405, FAC 62-761.430, and FAC 62-761.440).

Underground Storage Tanks—Closure and Out-of-Service USTs: FDEP has amended its notification requirement for changes in service status and closure. FDEP now requires a closure integrity evaluation to be performed for USTs undergoing closure, replacement, or changes in service. Out-of-service USTs are subject to annual testing and monitoring requirements (FAC 62-761.405 and FAC 62-761.800).

Underground Storage Tanks—Financial Responsibility: FDEP’s form, “Financial Mechanisms for Storage Tanks,” may be used in lieu of EPA’s financial assurance mechanisms (FAC 62-761.420).

Underground Storage Tanks—Certification: Florida has changed the date that Class A, B, and C operators must be trained and certified to October 13, 2018 (FAC 62-761.350).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The greater Atlanta area was designated as attainment for the 2008 8-hour ozone NAAQS effective June 2, 2017; the state no longer has any areas that are nonattainment for ozone (40 CFR 81.311).

Illinois

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Air, Hazardous Wastes, Solid Wastes, Underground Storage Tanks, and Wastewater—will be completed during a future update.

Drinking Water—Permitting Requirements: The list of routine maintenance and operational activities that do not require a construction permit has been revised. Specific time frames have been added for submittal of certain documents to IEPA after an emergency permit has been issued (35 IAC 602.104, 35 IAC 602.200, and 35 IAC 602.113).

Drinking Water—Monitoring Requirements: Outdated monitoring, reporting and public notice requirements for state-specific MCLs were removed (35 IAC 611.592).



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Hazardous Materials—Hazardous Substance Release Reporting: This new section details statutory notification requirements (for both immediate reports and follow-up notices) for releases requiring notification under CERCLA or EPCRA that occur from a facility at which a hazardous chemical is produced, used, or stored (430 ILCS 100/10).

Kansas

Hazardous Wastes—Hazardous Waste Transporters: Kansas specifies that hazardous waste transporters must transport hazardous waste only for generators and facilities that are in compliance with the requirement to obtain an EPA identification number for the state in which the generator or facility is located (KAR 28-31-263a(c)).

Solid Wastes—Overall Solid Waste Management Requirements: Information has been added on the solid waste management and storage requirements that apply to owners and occupants of any premise, business establishment, or industrial plant (KAR 28-29-21).

Solid Wastes—Solid Waste Landfills: Additional details have been added on requirements for construction and demolition landfills as well as the requirement for solid waste disposal facilities to maintain financial assurance liability insurance (KAR 28-29).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Additional details have been provided on solid waste transfer stations and solid waste collection systems (KAR 28-29-23a).

Solid Wastes—Other Treatment Technologies: Additional details were provided regarding small yard waste composting sites, yard waste composting facilities, manure composting facilities, livestock composting facilities, source-separated organic waste composting sites, and solid waste composting facilities (KAR 28-29).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Cincinnati area (which includes parts of Boone, Campbell, and Kenton Counties) was redesignated as attainment for the 2008 8-hour ozone standard effective July 5, 2017 (40 CFR 81.318).

Massachusetts

Hazardous Wastes—Waste Classification: Additional details have been provided on the Massachusetts list of hazardous wastes and also on the conditional exemptions for certain hazardous wastes (310 CMR 30.130 – 30.136, 310 CMR 30.104, and 310 CMR 30.105).

Hazardous Wastes—Hazardous Waste Generators: This topic was reviewed and updated to provide additional details on regulatory requirements for all categories of generators (310 CMR 30.000).

Hazardous Wastes—Hazardous Waste Transporters: Additional information was added on transporters of regulated recyclable materials and on the collection and transport of hazardous waste to and from household and VSQG hazardous waste collection events and centers. Training requirements for transporters were also clarified (310 CMR 30.401, 310 CMR 30.409, and 310 CMR 30.394).



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Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: This topic was reviewed and updated to provide additional details for hazardous waste treatment, storage, and disposal facilities (310 CMR 30.000).

Hazardous Wastes—Used Oil: Information on a DEP policy that recommends the recycling of used oil filters as the preferred waste management option has been added (DEP Policy Number HW 93-02, Policy for the Management of Used Oil Filters).

Hazardous Wastes—Universal Wastes: For devices that do not contain an ampule, Massachusetts does not allow handlers to remove the open original housing holding mercury from those devices (310 CMR 30.1034 and 310 CMR 30.1044).

Operator Certification at Wastewater Treatment Plants—Certification and Renewal: The topic was reviewed and updated to modify details related to “when and if” operators, emergency certificates, and provisional certificates (257 CMR 2.06 and 257 CMR 2.08).

Operator Certification at Wastewater Treatment Plants—Operator Duties and Responsibilities: The topic was reviewed and updated to modify details related to certification requirements for shift operators and weekend operators (257 CMR 2.11).

Solid Wastes—Overall Solid Waste Management Requirements: Information on requirements relating to the beneficial use of solid waste was added, and details on waste disposal bans were moved to this section (310 CMR 19.017 and 310 CMR 19.060).

Solid Wastes—Solid Waste Landfills: Additional details on requirements for solid waste landfills have been added (310 CMR 19.000).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Transfer stations are required to submit a valid certification to DEP prior to the operation or any modification in the design, construction, operation, maintenance, closure, or post-closure use of the transfer station (310 CMR 19.035).

Solid Wastes—Other Solid Wastes: Requirements for special waste were clarified to note that for asbestos waste, intact and unbroken vinyl asbestos tile, asphaltic asbestos-containing siding products, and asphaltic asbestos-containing roofing materials are not included in this classification (310 CMR 19.006 and 310 CMR 19.061(2)).

Michigan

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Belding area (part of Ionia County) was redesignated as attainment for the 2008 lead NAAQS effective May 31, 2017 (40 CFR 81.323).

Missouri

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Beginning January 1, 2018, the current legal owner of the site is the responsible party for corrective action of any releases from petroleum ASTs that were taken out of use prior to December 31, 1997 (RSMo 319.131(10)(2)).



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Underground Storage Tanks—Release Response and Corrective Action: Beginning January 1, 2018, the current legal owner of the site is the responsible party for corrective action of any releases from petroleum USTs that were taken out of use prior to December 31, 1997 (RSMo 319.131(9)(3)).

Nevada

Underground Storage Tanks (All Subsections): The regulations that began with LCB R004-08 and LCB R005-08 have been reviewed and updated with the corresponding NAC 459 regulations (NAC 459.9943, NAC 459.9945, NAC 459.9946, and NAC 459.9948).

Underground Storage Tanks—Design, Construction, Installation, and Registration: NDEP has revised the requirements related to secondary containment for new or replaced USTs and the requirements for under-dispenser containment (NAC 459.9946 – NAC 459.9948).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Release, spill, and overfill reporting requirements have been added (NAC 459.996).

Underground Storage Tanks—Release Response and Corrective Action: The owner or operator of a UST who submits a report pursuant to NAC 459.996 or a notice pursuant to NAC 459.9972 must comply with the provisions of NAC 445A.226 and 445A.22755 (NAC 459.9988).

Underground Storage Tanks—Closure and Out-of-Service USTs: An assessment must be provided to NDEP before a UST is permanently closed. NDEP also requires the owner or operator of a UST that is removed from the ground to ensure it is disposed of or reused in accordance with certain provisions and to maintain records of the disposal or reuse (NAC 459.9972).

Underground Storage Tanks—Financial Responsibility: An owner or operator who operates a UST containing fuel for jet- or turbine-powered aircraft and who does not elect to obtain coverage pursuant to NRS 445C.410(2) must comply with the requirements for financial responsibility contained in 40 CFR 280.90 – 280.116 (NAC 459.995(3)).

New Jersey

Operator Certification at Wastewater Treatment Plants (All Subsections): This topic has been reviewed and revised to improve readability and clarity (NJAC 7:10A).

Operator Certification at Wastewater Treatment Plants—Operator Duties and Responsibilities: The list of records that must be maintained for five years has been updated to include system records, current permits, written O & M procedures, log books, computer databases or files or other equivalent records, and pertinent documents and correspondence (NJAC 7:10A-1.12(a)(5)).

Underground Storage Tanks—Applicability and Scope: This topic has been reviewed and applicability requirements have been updated. The definition of “hazardous substance” and the regulations that apply to UST systems that are subject to limited requirements have been added (NJAC 7:14B-1.4, NJAC 7:14B-1.6, and NJAC 7:14B-2.1(b)).



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Underground Storage Tanks—Design, Construction, Installation, and Registration: This topic has been reviewed and requirements have been added for installation, registration, permits, upgrading existing USTs, permits for vapor and liquid monitoring wells, and well head protection. NJDEP has not adopted certain federal requirements, including secondary containment and interstitial monitoring for new and replaced tanks and piping; prohibition on using flow restrictors in vent lines to meet the overfill prevention equipment requirement; under-dispenser containment for all new dispenser systems; and permanent closure of tanks using internal lining as the sole method of corrosion protection, if the internal lining fails inspection and cannot be repaired according to a code of practice (NJAC 7:14B-2 – 7:14B-4 and NJAC 7:14B-10).

Underground Storage Tanks—General Operating Requirements: This topic has been reviewed and updated to include requirements for recordkeeping, the operation of spill containment equipment, compartmentalized tanks, repairs, and fill ports. NJDEP has not adopted certain federal requirements relating to notification prior to switching to a regulated substance containing greater than 10% ethanol or greater than 20% biodiesel, operation and maintenance walkthrough inspections, testing of spill prevention equipment and containment sumps used for interstitial monitoring, and inspection of overfill prevention equipment (NJAC 7:14B-1.7 and 7:14B-5).

Underground Storage Tanks—Release Detection: This topic has been reviewed and updated to include release detection requirements for petroleum UST systems that utilize separate product bearing supply and return lines, as well as recordkeeping requirements for monitoring systems installed prior to September 4, 1990. NJDEP has not adopted federal requirements related to testing release detection equipment annually and providing release detection for UST systems used to store motor fuel solely for use by emergency power generators (NJAC 7:14B-1.6(d), NJAC 7:14B-6.2, and NJAC 7:14B-6.7).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: This topic has been reviewed and updated to include the prohibition on introducing hazardous substances into a leaking or discharging UST system, as well as reporting and investigating discharges from a UST system and investigating suspected releases (NJAC 7:14B-5.1(c), NJAC 7:14B-7.1(a), and NJAC 7:14B-7.3).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: This topic has been reviewed and updated to include actions to be taken to remediate a discharge from a UST system or a leak of a hazardous substance into the interstitial space (NJAC 7:14B-7.3(c), NJAC 7:14B-8.1, and NJAC 7:14B-8.3).

Underground Storage Tanks—Closure and Out-of-Service USTs: This topic has been reviewed and requirements for closure, out-of-service USTs, and changes in service have been added (NJAC 7:14B-9.1 – 7:14B-9.5).

Underground Storage Tanks—Financial Responsibility: This topic has been reviewed and the financial responsibility requirements for state regulated USTs that are not also federally regulated have been added. The requirements for owners and operators to identify the financial assurance mechanism used and maintain certain records have also been added (NJAC 7:14B-15.1(c) and 7:14B-15.1(h)).



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Underground Storage Tanks—Certification: This topic has been reviewed and requirements for the certification of individuals and businesses who perform installations, closure, tank testing, and corrosion protection system analysis have been added. In addition, New Jersey has not adopted operator certification requirements (NJAC 7:14B-13.1(a) and NJAC 7:14B-13.7(a)).

New York

Audit Privilege: NYSDEC extended its Environmental Audit Incentive Policy to cover all regulated entities, both private and public, including federal, state, or municipal agencies regulated under New York State environmental laws and regulations. The policy allows for the reduction or waiver of penalties for violations that are discovered, voluntarily disclosed, and promptly corrected. The policy provides additional benefits to new owners of regulated entities and allows additional time for disclosure of violations after acquisition. The policy also provides additional incentives for entities that agree to implement environmental management systems to ensure future compliance (Environmental Audit Incentive Policy, Section V).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Cleveland area (part of Cuyahoga County) was redesignated as attainment for the 2008 lead NAAQS effective May 31, 2017 (40 CFR 81.336).

South Carolina

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Air, Hazardous Wastes, Solid Wastes, and Wastewater—will be completed during a future update.

Audit Privilege: A minor update clarifies how to maintain the privilege on audit reports and how to disclose the existence of an audit report in the event of an agency inspection (S.C. Code 48-57-345).

Drinking Water—Operator Certification: Operator licensing requirements have been updated. A person employed as an operator of a public water treatment facility must hold a water treatment operator license issued by the Environmental Certification Board in the certification class required by this regulation (S.C. Code 40-23-300).

Hazardous Materials—Hazardous Substance Release Reporting: A new section has been added to outline SCDHEC’s expectations for receiving notification by telephone of any release of pollutants to the environment, including oil and petroleum products, chemicals, hazardous waste, waste oil, pesticides, and other pollutants and fish kills (http://www.scdhec.gov/HomeAndEnvironment/ReportIt/ReportingChemicalSpillsPollution/_).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The topic was reviewed and updated to modify details concerning reporting of the method used to determine the volume of regulated product in each retail storage tank and the capacity of the tank (R.5-447(2)(C)).



http://www.scdhec.gov/HomeAndEnvironment/ReportIt/ReportingChemicalSpillsPollution/_

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Operator Certification at Wastewater Treatment Plants—Certification and Renewal: The topic was reviewed to improve clarity on licenses (R.51-3, R.51-4, and R.51-5(B)).

Operator Certification at Wastewater Treatment Plants—Operator Duties and Responsibilities: The topic was reviewed to improve clarity on licenses and to update citation references (R.51-7).

PCBs: The topic was reviewed and updated to add requirements for the land application of sludges containing PCBs and the disposal of PCB-containing dielectric fluid and electric equipment containing such fluid (R.61-9.129.503, R.61-9.129.504, and R.61-79.261.8).

Underground Storage Tanks (All Subsections): The South Carolina Department of Health and Environmental Control (SCDHEC) has amended its UST regulations to incorporate the July 15, 2015, federal standards under 40 CFR 280 effective May 26, 2017; as a result, several citations have changed (R.61-92.280).

Underground Storage Tanks—Applicability and Scope: The topic was reviewed and updated to include the equipment excluded from regulation (R.61-92.280.12).

Underground Storage Tanks—Design, Construction, Installation, and Registration: This topic was reviewed and requirements were added relating to notification, secondary containment, interstitial monitoring, and under-dispenser containment, as well as a prohibition on the use of flow restrictors in vent lines to comply with overfill prevention equipment requirements (R.61-92.280.20).

Underground Storage Tanks—General Operating Requirements: Periodic operation and maintenance walkthrough inspections must begin by May 26, 2020. For UST systems in use on or before May 26, 2017, the initial spill prevention equipment test, containment sump test, and overfill prevention equipment inspection must also be conducted by May 26, 2020 (R.61-92.280.35(b) and R.61-92.280.36(a)).

Underground Storage Tanks—Release Detection: SCDHEC has additional recordkeeping and statistical inventory reconciliation requirements. In addition, requirements for annual testing of electronic and mechanical release detection components and for release detection were added (R.61-92.280.40 – R.61-92.280.43 and R.61-92.280.45).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Results of the site check must be submitted to SCDHEC. Spill and overfill reporting requirements have been added (R.61-92.280.52(b) and R.61-92.280.52(b)).

Underground Storage Tanks—Release Response and Corrective Action: Confirmed releases must be reported to SCDHEC within 24 hours of the release (R.61-92.280.60(a)).

Underground Storage Tanks—Closure and Out-of-Service USTs: SCDHEC must be notified in writing of the intent to permanently close, make a change-in-service, or replace piping or a dispenser at least 30 days in advance (R.61-92.280.71(a)).



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Underground Storage Tanks—Certification: Class A and B operators who were designated and trained prior to May 26, 2017, must complete SCDHEC-approved supplemental training no later than May 26, 2020. Class A and Class B operators are not required to take annual refresher training (R.61-92.280.243 and R.61-92.280.244(b)).

Utah

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Davis, Salt Lake, and parts of Box Elder, Tooele, Utah, and Weber Counties were redesignated from moderate to serious nonattainment for the PM2.5 2006 24-hour standard effective June 9, 2017 (40 CFR 81.345).

Vermont

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Air, Hazardous Wastes, Oil Spill Prevention and Aboveground Storage Tanks, Operator Certification at Wastewater Treatment Plants, Solid Wastes, Underground Storage Tanks, and Wastewater—will be completed during a future update.

Drinking Water: Requirements for obtaining construction permits for public and non-public water systems, as well as operating permits for public water systems, were added. Also, a requirement that all public community and public non-transient non-community water systems must have a designated certified operator in responsible charge available at all times was added (DEC Rules, Ch. 21, Secs. 21-4.0, 21-5.1, and 21-12.1).

Hazardous Materials—Hazardous Substance Release Reporting: This new section provides details of immediate and follow up notification requirements for release of any hazardous materials/substances requiring notification under section 304 of EPCRA, including transportation incidents (EPCRA Program Regs., Sec. 5.7).

Hazardous Materials—Reporting of Chemical Inventories: A requirement that Safety Data Sheets (or a specified listing) must be submitted for each hazardous chemical/substance for which Tier II reporting is required was added (EPCRA Program Regs., Sec. 5.3).

related STP publication Environmental Auditing: Federal Air Quality MACT Standards for Site

Remediation provides audit checklists for the air quality management rules in 40 CFR Part 63.7882 specific to each new, reconstructed, or existing “affected source” for site remediation. Affected sources include process vents, remediation material management units, and equipment leaks. Available format: online.




http://www.stpub.com/environmental-auditing-federal-air-quality-mact-standards-for-site-remediation



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new & noteworthy

Intensive reviews: This update begins a long-range cycle where selected states undergo a thorough review to ensure that material is current and relevant for subscribers. This update includes reviews of Florida, Kansas, Massachusetts, New Jersey, and Ohio. Specific changes are highlighted in the “highlights by state and topic” section below. Additional states will receive intensive reviews in future updates. Note: The Pesticide and Wetlands topics are not included in the thorough review at this time.

The Hazardous Waste section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to incorporate, as applicable, the numerous updates made to Rulebook A1, “Very Small Quantity Generator Requirements,” Rulebook A2, “Small Quantity Generator Requirements,” Rulebook A3, “Large Quantity Generator Requirements,” and Rulebook B, “TSD Facilities—General Requirements” found in the Hazardous Waste module in Environmental Auditing: Federal Compliance Guide as a result of recent regulatory amendments related to the federal Hazardous Waste Generator Improvement Rule. State guides will be updated as soon as practicable after each agency completes its adoption and/or rulemaking process. Note: The federal regulations are now using a new term, Very Small Quantity Generator (VSQG), instead of Conditionally Exempt Small Quantity Generator (CESQG). Most states, however, still use the term CESQG. State guides will be updated to reflect the new federal terminology only if and when a state choses to adopt the term VSQG.



R E L E A S E 1 4 4 – J UN E 2 0 17



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The Solid Waste section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to incorporate, as applicable, updates made to rulebook Section 3 “Solid Waste Landfills” found in the Solid Waste module in Environmental Auditing: Federal Compliance Guide. The changes were related to the amendments in the federal Hazardous Waste Generator Improvement Rule and include updated references to the hazardous waste generator regulations and information for non-municipal, nonhazardous waste disposal units that receive waste from very small quantity generators.



Alabama

Hazardous Wastes—Hazardous Waste Transporters: Alabama has revised its rules regarding hazardous waste transfer facilities (335-14-1-.02).

Alaska

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The state has revised the following portions of the oil discharge prevention and contingency plan requirements: applicability; application requirements; notification of plan amendments; and documentation requirements for operating railroad cars, tank vessels, oil barges, and nontank vessels. The state has also removed the nontank vessel equivalent plan option (18 AAC 75 Article 4).

Delaware

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Delaware has adopted reporting requirements for releases of regulated substances from ASTs and for leaks of a regulated substance inside secondary containment (7 Admin Code 1352 (Part E)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The applicability for ASTs that are required to prepare a Release Preparedness Plan has been updated (7 Admin Code 1352 (Part A.7.1.1)).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Delaware has made numerous amendments throughout its AST regulations to make existing regulations specific, address technical areas, and establish minimum distances from private and public wells for ASTs installed after April 11, 2017 (7 Admin Code 1352).




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Solid Wastes—Solid Waste Recycling: Delaware has adopted universal waste recycling regulations that set forth requirements for waste service providers and property managers to provide single-stream recycling services. The rule also requires the commercial sector to keep recyclables separate from the solid waste stream and to perform an annual review of solid waste generated (7 Admin Code 1305(4.0)).

Florida

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Air, Hazardous Wastes, Oil Spill Prevention and Aboveground Storage Tanks, Operator Certification, Solid Wastes, Underground Storage Tanks, and Wastewater—will be completed during a future update.

Audit Privilege: Florida rescinded its self-disclosure policy, Directive 922, and no longer has any audit privilege or self-disclosure policy.

Hazardous Materials—Hazardous Substance Release Reporting: Information on release reporting was added. Florida requires immediate reporting of a CERCLA reportable release of a hazardous substance or extremely hazardous substance to the State Watch Office (FAC 27P-14.011).

Georgia

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Oil spill and release reporting requirements have been added (O.C.G.A. 12-14-3(a)).

Hawaii

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Reporting requirements for releases of oil from facilities and vessels have been added (HAR 11-451-7).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Indiana portion of the Cincinnati area (part of Dearborn County) was designated as attainment for the 2008 8-hour ozone NAAQS effective April 7, 2017 (40 CFR 81.315).

Kansas

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Hazardous Wastes, Solid Wastes, and Wastewater—will be completed during a future update.

Air Quality—Air Quality Permitting and Management: Reference to the state’s expedited permit approval process for certain industry sources, open burning restrictions, and excess emissions reporting program during startup, shutdown, or malfunction activities have been added (KAR 28-19-11, KAR 28-19-300, and KAR 28-19-645).



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Air Quality—Hazardous Air Pollutants: The state’s current delegation and enforcement authority for the federal NESHAP standards in 40 CFR 61 and MACT standards in 40 CFR 63 has been updated (KAR 28-19-735 and KAR 28-19-750).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Reporting requirements for releases and suspected releases have been updated (KAR 28-48-2).

Operator Certification at Wastewater Treatment Plants—Applicability and Definitions: Minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases.

Operator Certification at Wastewater Treatment Plants—Certification and Renewal: Minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases.

PCBs: Deed notation and the notification of the completion of modifications and construction and the sale of PCB facilities have been added. Permitting requirements have been updated to include modifications to PCB facilities (KAR 28-55).

Underground Storage Tanks—Applicability and Scope: The list of USTs that are exempt from regulation has been updated. The state has not reclassified previously deferred UST systems as partially excluded UST systems; they continue to be deferred from the requirements of 40 CFR 280 Subparts B, C, D, E, and G with certain exceptions (KSA 65-34,102 and KSA 65-34,103).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements have been added for USTs and piping that is installed or replaced on and after July 1, 2013, to be secondarily contained and equipped with interstitial monitoring and for motor fuel dispenser systems installed after June 30, 2013, to have under-dispenser spill containment. Kansas has not adopted the federal requirement that prohibits the use of flow restrictors in vent lines for newly installed or replaced UST systems, nor has it adopted the federal requirement to permanently close tanks that use internal lining as the sole method of corrosion protection if the internal lining fails the periodic inspection and cannot be repaired according to a code of practice (KSA 65-34,138).

Underground Storage Tanks—General Operating Requirements: The state has not adopted the federal requirements for periodic operation and maintenance walkthrough inspections; spill prevention equipment testing; overfill prevention equipment inspection; testing requirements for containment sumps used for piping interstitial monitoring; and notification at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel (No Citation).

Underground Storage Tanks—Release Detection: The state has not adopted the federal requirement that removes the deferral for USTs that supply emergency generators and requires owners and operators to perform release detection. The state also has not adopted the federal requirements to test release detection equipment, with the exception of line-leak detectors (No Citation).



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Underground Storage Tanks—Certification: Citations have been updated to reflect the most current version of the state guidance document “Kansas Storage Tank Program Overview of Underground Storage Tank Requirements.”

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Campbell county was redesignated as attainment for the 2010 SO2 NAAQS effective March 10, 2017. In addition, the Louisville area (Bullitt and Jefferson Counties) was redesignated as attainment for the 1997 annual PM2.5 standard effective April 7, 2017 (40 CFR 81.318).

Louisiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Louisiana no longer has any nonattainment areas for ozone after the Baton Rouge area (including Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge parishes) was redesignated as attainment for the 2008 8-hour ozone standard effective December 27, 2016 (40 CFR 81.319).

Maine

Hazardous Wastes—Waste Classification: Maine has adopted a conditional exclusion from regulation as hazardous waste for solvent-contaminated wipes that are cleaned and reused or that are disposed of, with minor differences from the federal exclusion (06-096 CMR 850.4(A)(4)(c)).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The name of the Ground Water Oil Clean-up Fund has been changed to the Ground and Surface Waters Clean-up and Response Fund due to legislative changes that took effect April 3, 2016 (38 MRSA 568-A).

Massachusetts

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Hazardous Wastes, Operator Certification, Solid Wastes, and Wastewater—will be completed during a future update.

Air Quality—Air Quality Permitting and Management: This section was revised to reflect the state’s current air approval (permit) application strategy and permit-by-rule requirements, commuter vehicle emissions reduction program, and enhancement to Stage 1 vapor recovery systems for gasoline dispensing facilities (310 CMR 7.02, 310 CMR 7.03, 310 CMR 7.00, 310 CMR 7.16, and 310 CMR 7.24).

Air Quality—Nonattainment Areas and Requirements: Reference to the state’s alternative programs for achieving compliance with VOC, NOx, and CO emissions standards were added (310 CMR 7.00).

Air Quality—Hazardous Air Pollutants: Reference to the state’s noise emissions programs and special guidance for public and private utilities conducting repair or replacement and abatement of asbestos cement pipe were added (310 CMR 7.10, 301 CMR 7.11 and http://www.mass.gov/eea/docs/dep/air/laws/asbestos-edd.pdf).



http://www.mass.gov/eea/docs/dep/air/laws/asbestos-edd.pdf

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Air Quality—Greenhouse Gas Emissions and Climate Change Programs: Requirements for fossil-fueled power plants to participate in the “Regional Greenhouse Gas” (RGGI or ReGGIe) program and report greenhouse gas emissions have been added (310 CMR 7.71 and 310 CMR 7.72).

Audit Privilege: In a minor update to the audit policy, if sites need more than 60 days for corrective action, they must make a written request for an extension within the first 30 days after discovery. Also, the state has implemented a related policy for administrative enforcement actions against municipalities (Policy on Incentives for Self-Policing: Environmental Audit Policy).

Drinking Water—Wellhead Protection: Siting requirements have been added to the list of items to consider in the state’s wellhead protection regulations for wells that provide public drinking water (310 CMR 22.21).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Reporting requirements for releases or suspected releases of oil have been added (310 CMR 40.0333).

PCBs: Reporting requirements for releases of PCBs have been added (310 CMR 40.0352(5)).

Underground Storage Tanks (All Subsections): This section was updated to add UST regulations at 310 CMR 80.00 that were adopted when the regulations at 527 CMR 9.00 were repealed.

Michigan

Agency Contact Information: The Michigan Department of Environmental Quality (DEQ) now issues permits for Class I, II, III, and V Underground Injection Control (UIC) wells and oversees environmental audit incentive programs. These areas were formerly under the jurisdiction of the Michigan Department of Natural Resources and Environment (DNRE). Topical sections have been updated as required.

Hazardous Wastes—Waste Classification: Michigan has adopted a conditional exclusion from regulation as hazardous waste for solvent-contaminated wipes that are cleaned and reused or that are disposed of (No Citation).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: The requirement for a copy of each hazardous waste manifest to be submitted to DEQ within 10 days after the end of the month in which the wastes were received has been clarified to specify that manifests accompanying waste received from a CESQG need not be submitted to DEQ (R 299.9608).

Wastewater—Process Wastewater Discharges: References to the state’s general permits for discharges from industrial operations to surface waters have been revised to reflect their current status (http://www.michigan.gov/deq/0,4561,7-135-3313_71618_3682_3713---,00.html).



http://www.michigan.gov/deq/0,4561,7-135-3313_71618_3682_3713---,00.html

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Wastewater—Storm Water Discharges: References to the state’s general permits for storm water discharges have been revised to reflect their current status (http://www.michigan.gov/deq/0,4561,7-135-3313_71618_3682_3713---,00.html).

Minnesota

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Discharge reporting requirements for any substance or material that may cause pollution of waters of the state have been added (Minn. Stat. 115.061).

New Hampshire

Underground Storage Tanks (All Subsections): This section has been revised as a result of a thorough review and all subsections have been updated.

Underground Storage Tanks—Applicability and Scope: Key definitions have been added and applicability requirements have been updated (Env-Or 401.02 and Env-Or 401.03).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements for design, construction, and installation standards; registration; and alternatives for upgrading UST systems have been added or revised (Env-Or 404 – Env-Or 407).

Underground Storage Tanks—General Operating Requirements: Delivery prohibition, monthly inspections, spill prevention equipment and overfill prevention equipment testing, and tightness testing requirements have been added (RSA 146-C:19, II, Env-Or 404, Env-Or 406, and Env-Or 408).

Underground Storage Tanks—Release Detection: The release detection requirements for tanks and piping have been updated (Env-Or 406, Env-Or 405.08, and Env-Or 405.09).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Requirements for reporting of releases, unusual operating conditions, and soil or groundwater contamination from a regulated substance have been added (Env-Or 408.08(f) and Env-Or 406.10).

Underground Storage Tanks—Closure and Out-of-Service USTs: Temporary and permanent closure requirements have been added (Env-Or 408).

Underground Storage Tanks—Financial Responsibility: The requirements for financial responsibility have been added (Env-Or 404.11).

Underground Storage Tanks—Certification: Operator and UST installer certification requirements have been added (Env-Or 407.05 and RSA 146-C:17, IV).

New Jersey

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Air, Operator Certification, PCBs, Underground Storage Tanks, and Wastewater—will be completed during a future update.



http://www.michigan.gov/deq/0,4561,7-135-3313_71618_3682_3713---,00.html

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Audit Privilege: New Jersey’s proposed law on audit privilege was not passed; however, the policy remains and facilities that voluntarily discover, disclose, and promptly correct violations may still be eligible for penalty reductions (New Jersey Self-Disclosure Report).

Drinking Water—Monitoring Requirements: The text has been revised to clarify that that the contaminant groups for which New Jersey has specific monitoring requirements include radionuclides (NJAC 7:10-5.2(a)).

Drinking Water—Recordkeeping and Reporting Requirements: Information was added to clarify that monthly reports consisting of daily records must be submitted to NJDEP electronically (NJAC 7:10-5.4(b)).

Drinking Water—Wellhead Protection: Information was added to clarify that New Jersey has specific requirements for permitting and decommissioning for wells that provide drinking water to public water systems. (NJAC 7:9D).

Hazardous Wastes: Information was added to explain New Jersey’s prospective incorporation by reference process for federal hazardous waste regulations.

Hazardous Wastes—Hazardous Waste Transporters: Requirements regarding hazardous waste storage, consolidation, or commingling at hazardous waste transfer facilities have been clarified and additional details provided (NJAC 7:26G-7.4(b)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Requirements for Discharge Prevention, Containment, and Countermeasures Plans; Discharge Cleanup and Removal Plans; financial responsibility; and oil spill and release reporting have been added. Transmission pipeline requirements have been updated (NJAC 7:1E-3 - NJAC 7:1E-5).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Integrity testing, container, piping, and release prevention requirements have been added (NJAC 7:1E-2).

Operator Certification at Wastewater Treatment Plants—Operator Duties and Responsibilities: Minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases.

Solid Wastes—Overall Solid Waste Management Requirements: Additional details on the operating requirements for solid waste management facilities were added (NJAC 7:26-2.11).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Additional details on the operating requirements for solid waste transporters were added (NJAC 7:26-3.4).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Additional details on the requirements for regulated medical waste generators, collection facilities, and destination facilities were added (NJAC 7:26-3A).

Solid Wastes—Asbestos Wastes: Requirements related to the management of asbestos waste have been clarified (NJAC 7:26-3.5).



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Wastewater—Process Wastewater Discharges: References to the state’s general permits for discharges from industrial operations to surface waters and groundwaters have been revised to reflect their current status. Details for three general permits for discharges from residuals treatment that were recently issued by NJDEP were added (www.state.nj.us/dep/dwq/gp.htm).

Wastewater—Storm Water Discharges: References to the state’s general permits for storm water discharges have been revised to reflect their current status (www.state.nj.us/dep/dwq/gp.htm).

Ohio

Most of the topics for this state, including those listed below, have been thoroughly reviewed for this update. Reviews of the remaining topics—Air and Wastewater—will be completed during a future update.

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Information on the SO2 NAAQS was updated to reflect the fact that designations have been completed for all areas in the U.S. (40 CFR 81.336).

Audit Privilege: Minor revisions to the audit privilege and immunity rule were incorporated. The state removed the requirement to complete audits by January 1, 2014; now there is no deadline for completing audits (RC 3745.71).

Drinking Water—Water System Security: Extensive revisions have been made to the contingency plan requirements to ensure that each Public Water Supply can provide safe drinking water to its service area under emergency conditions (OAC 3745-85).

Drinking Water—Plumbing Code: The Ohio Plumbing Code is based on the 2015 version of the International Plumbing Code (OAC 4101:3-1).

Hazardous Materials—Hazardous Substance Release Reporting: Information on release reporting was added. Ohio requires immediate verbal notification, by telephone, radio, or in person, to several authorities in the event of a reportable release of a hazardous substance or extremely hazardous substance, as well as a written follow-up report within 30 days of the release (RC 3750.06).

Hazardous Wastes—Waste Classification: Additional information was added regarding certain federal exclusions that have not been adopted by the state (OAC 3745-51).

Hazardous Wastes—Hazardous Waste Transporters: Release reporting requirements for transporters were clarified to add the requirement to notify the Public Utilities Commission (OAC 3745-53-30).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: A requirement for TSD facilities to submit closure and post-closure estimates to Ohio EPA has been added. In addition, Ohio has not received statutory authority for Subparts AA (Air Emissions Standards for Process Vents), BB (Air Emissions Standards for Equipment Leaks), and CC (Air Emissions Standards for Tanks, Surface Impoundments, and Containers); these requirements are enforced by the federal EPA (OAC 3745-55-42).



http://www.state.nj.us/dep/dwq/gp.htm

http://www.state.nj.us/dep/dwq/gp.htm

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Hazardous Wastes—Used Oil: Additional information was added regarding release reporting and specifying that used oil collection facilities must be registered with Ohio EPA (OAC 3745-279).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Ohio has revised its oil spill and release reporting requirements for facilities, vessels, and facilities from which there is a transportation-related release or discharge of oil (OAC 3750-25-25(A)).

Operator Certification—Classification of Wastewater Systems: Minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases.

Operator Certification at Wastewater Treatment Plants—Operator Duties and Responsibilities: The types of facilities that must maintain operation and maintenance records has been updated, and minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases (OAC 3745-7-09(A)).

Solid Wastes—Overall Solid Waste Management Requirements: Information was added to note that solid waste may be disposed of at a facility using an approved alternate method (OAC 3745-27).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Minor clarifications have been made to the requirements for managing and storing infectious waste (OAC 3745-27).

Solid Wastes—Asbestos Wastes: The discussion of asbestos waste management was expanded to provide additional details on containerizing and shipping asbestos wastes (OAC 3745-20).

Underground Storage Tanks—Applicability and Scope: Key definitions have been added and applicability requirements have been updated (OAC 1301:7-9-01 and OAC 1301:7-9-02(B)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Information has been added on secondary containment requirements for USTs, piping, and dispensers; internal lining restrictions; and restrictions on using float vent valves for overfill prevention (OAC 1301:7-9-06).

Underground Storage Tanks—General Operating Requirements: Exemptions from operating and maintenance requirements, details on activities requiring a certified installer, and containment system tightness testing requirements have been added (OAC 1301:7-9-06 and OAC 1301:7-9-10(D)).

Underground Storage Tanks—Release Detection: Exemptions from release detection requirements have been added, and requirements for existing USTs located in sensitive areas have been updated (OAC 1301:7-9-07).



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Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Reporting requirements for suspected and confirmed releases of a petroleum product or a hazardous substance have been updated, and exemptions from reporting have been added (OAC 1301:7-9-03(C)(1) and OAC 1301:7-9-13).

Underground Storage Tanks—Release Response and Corrective Action: Release response and corrective action requirements for USTs containing petroleum products have been updated to reflect that the state uses a risk-based corrective action process (OAC 1301:7-9-13(A)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Out-of-service and closure requirements, including exemptions from temporary closure, permanent closure, and change-in-service, have been added (OAC 1301:7-9-12).

Underground Storage Tanks—Financial Responsibility: Minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases.

Underground Storage Tanks—Certification: Minor amendments to citations have been made to ensure optimum performance in content systems linked to regulatory databases.

Wastewater—Process Wastewater Discharges: References to the state’s general permits for industrial wastewater discharges to surface waters have been revised to reflect their current status (No Citation).

Wastewater—Storm Water Discharges: References to the state’s general permits for storm water discharges have been revised to reflect their current status (No Citation).

Pennsylvania

Wastewater—Process Wastewater Discharges: Pennsylvania has extended the expiration dates of the following three general NPDES permits until April 2, 2018: Beneficial Use of Exceptional Quality Biosolids (PA Permit No. PAG-07), Beneficial Use of Biosolids (PA Permit No. PAG-08), and Beneficial Use of Residential Septage (PA Permit No. PAG-09) (25 Pa. Code 92a.54).

Utah

Drinking Water—Recordkeeping and Reporting Requirements: Utah has added a new requirement for PWSs to certify the accuracy of water use data requested by a state agency. In addition, minor revisions were made to requirements for the assessment of points for failure to provide certain reports by the reporting deadline (R309-105-15 and R309-400-12).



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new & noteworthy

The Air Quality, Ozone-Depleting Substances, section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to incorporate, as applicable, the numerous updates made to Rulebook D, “Ozone-Depleting Substances (ODSs),” of the Air Quality module in Environmental Auditing: Federal Compliance Guide as a result of amendments to the federal refrigerant management regulations that took effect earlier this year.

The Wastewater section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to incorporate, as applicable, the numerous updates made to Rulebook E, “Storm Water Discharges,” of the Wastewater module in Environmental Auditing: Federal Compliance Guide as a result of recent regulatory amendments related to small municipal separate storm sewer systems (MS4s) and construction general permits.





R E L E A S E 1 4 3 – A P R I L 2 0 17



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Alabama

Drinking Water—Plumbing Code: Alabama has adopted the 2006 edition of the International Plumbing Code (Alabama Building Commission Administrative Code, 170-X-2-.01).

Hazardous Materials—Reporting of Chemical Inventories: Alabama now allows facilities to use E-plan (as well as Tier2 Submit) to submit reports electronically (http://adem.alabama.gov/MoreInfo/saraIII.cnt).

Alaska

Air Quality—Air Quality Permitting and Management: Overall Permitting and Air Quality Management Requirements: Alaska has repealed its ambient air quality standards for reduced sulfur compounds and has revised its minor source permitting requirements (18 AAC 50.010 and 18 AAC 50.502(c)(4)).

Operator Certification—Classification of Wastewater Systems: Alaska has changed the classification numbering of its wastewater treatment plants (18 AAC 74.120).

Operator Certification—Classification of Operators: Certification requirements for reduced operations shift operators have been added (18 AAC 74.010(b)(3)).

Operator Certification—Certification and Renewal: Reciprocity requirements have been added (AS 46.30.100).

Operator Certification—Operator Duties and Responsibilities: The duties of licensed operators have been amended, and the state has added requirements for individuals who provide first response services for public and private wastewater systems (18 AAC 74.010(a) and 74.010 (c)).

Arizona

Hazardous Materials (All Subsections): The Arizona Department of Environmental Quality (ADEQ) now has oversight of the Arizona Emergency Response Commission (AZSERC), including oversight of the Tier II and TRI reporting programs (http://azdeq.gov/AZSERC).

Arkansas

Solid Wastes—Overall Solid Waste Management Requirements: Information on the general permits that are available for construction and operation of certain types of solid waste disposal facilities was updated (APC&EC Reg. 22.103).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Additional details have been provided on the requirements for treatment of medical wastes (Medical Waste Rules, Section VI).

Wastewater—Process Wastewater Discharges: The status of the state’s NPDES general permits and state No Discharge permits has been updated (A.C.A. 8-4-203).



http://azdeq.gov/AZSERC

http://adem.alabama.gov/MoreInfo/saraIII.cnt

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Wastewater—Storm Water Discharges: Arkansas has reissued the Storm Water Construction Activity (disturbing 1 acre or more of land) General Permit (No. ARR150000), effective November 1, 2016 – October 31, 2021 (A.C.A. 8-4-203).

California

Solid Wastes—Overall Solid Waste Management Requirements: Glass container processing operations have been added to the enforcement agency notification tier and no longer require a full solid waste facility permit (14 CCR 17403.3.1).

Colorado

Drinking Water—Plumbing Code: Colorado has adopted the International Plumbing Code (3 CCR 720-1, Section 2.1).

Operator Certification (All Subsections): The state has made a number of small changes that impact the numbering of the regulations.

Operator Certification—Classification of Wastewater Systems: Category D non-single family, indoor toilet and urinal flushing graywater treatment facilities now require supervision by an operator in responsible charge and will be categorized in Classes A through D in the same manner as domestic wastewater treatment facilities. Colorado has also consolidated the Class I and II industrial wastewater treatment facility classifications into a single category (5 CCR 1003-2, Section 100.5).

Operator Certification—Certification and Renewal: Requirements that apply to non-certified operators of wastewater collection systems as of January 30, 2001, have been added (5 CCR 1003-2, Section 17).

Operator Certification—Operator Duties and Responsibilities: Colorado has created automatic exemptions from the requirement to operate certain industrial wastewater treatment facilities under the supervision of a certified operator in responsible charge (5 CCR 1003-2, Sections 100.1.5 and 100.1.6).

Solid Wastes—Waste Tires: Waste tire generators must maintain records for three years showing how many waste tires they generate. These records must now include information on where the tires were transferred to (6 CCR 1007-2, Part 1, Section 10.4.2(J)).

Solid Wastes—Other Treatment Technologies: Colorado has revised its regulations for composting facilities (6 CCR 1007-2, Part 1, Section 14).

Delaware

Solid Wastes—Waste Tires: Delaware has added a conditional exclusion from certain compliance requirements for scrap tire facilities that store tires in fully enclosed trailers. In addition, the state has established an exemption for farmers utilizing scrap tires for beneficial purposes related to farming (7 Admin Code 1301(12.0)).



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Georgia

Solid Wastes—Overall Solid Waste Management Requirements: Georgia has added yard trimmings waste landfill operations to the list of solid waste operations eligible for permit-by-rule, provided that specified conditions are met (391-3-4-.06(1)).

Solid Wastes—Solid Waste Landfills: Georgia has adopted federal regulations governing coal combustion residuals (CCR) landfills and surface impoundments, with some differences (391-3-4-.10).

Solid Wastes—Solid Waste Recycling: Georgia specifies that materials accumulated speculatively are solid waste and must comply with all applicable provisions of the solid waste regulations. The state has also clarified what “accumulated speculatively” means (391-3-4-.04(7)(a)).

Wastewater—Process Wastewater Discharges: Information on NPDES general permits has been updated (http://epd.georgia.gov/wastewater-disposal-applications-forms).

Wastewater—Storm Water Discharges: Information on NPDES general storm water permits has been updated (391-3-6-.16(3)(c)(1)).

Idaho

Hazardous Materials (All Subsections): The Bureau of Homeland Security has been renamed the Idaho Office of Emergency Management. Websites have been revised to reflect the new name (https://ioem.idaho.gov/).

Illinois

Hazardous Wastes—Hazardous Waste Generators: Illinois no longer requires generators to submit copies of hazardous waste manifests to the Illinois Environmental Protection Agency (IEPA), per state statute, which supersedes other rules adopted by the Illinois Pollution Control Board regarding manifests at 35 IAC 722 (415 ILCS 5/22.02).

Drinking Water—Permitting Requirements: IEPA made several revisions to its permitting requirements, including requiring public water systems to obtain a construction permit prior to adding new chemicals to water treatment processes, prohibiting the addition of copper sulfate products to surface water supplies without an algicide permit, and establishing a new other aquatic pesticide permit for application of any aquatic pesticide other than algicide, copper sulfate, copper-sulfate-based products, or copper sulfate chemical aids that will have an effect on any community water supply (35 IAC 602).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Lawrenceburg Township in Dearborn County was added to the list of areas that require facilities to submit an emission statement under Indiana regulations because the area is marginally classified as nonattainment for volatile organic compound and nitrogen oxide emissions (326 IAC 2-6-1).



https://ioem.idaho.gov/

http://epd.georgia.gov/wastewater-disposal-applications-forms

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Drinking Water—Plumbing Code: Indiana has adopted the International Plumbing Code (675 IAC 16-1.4-1).

Hazardous Wastes—Waste Classification: Exclusions to the hazardous waste rules were updated to include those for scrap metal (329 IAC 3.1-6-4).

Solid Wastes—Overall Solid Waste Management Requirements: The definition of “solid waste processing facility” has been revised. In addition, revisions were made to the operator certification requirements for solid waste management facilities (329 IAC 11-2-43 and 329 IAC 12-7).

Solid Wastes—Solid Waste Landfills: Indiana has specified that coal combustion residuals (CCR) surface impoundments subject to the federal regulations in 40 CFR 257 Subpart D are not subject to state regulations for solid waste land disposal facilities (329 IAC 10-3-1(8) and 329 IAC 10-9-1).

Solid Wastes—Asbestos Waste: Indiana has replaced the term “asbestos waste disposal manager“ with “certified operator” in the rules for disposal of asbestos at solid waste land disposal facilities (329 IAC 10-8.2-4).

Iowa

Solid Wastes—Solid Waste Landfills: Iowa has added several exceptions to the prohibition on disposal of yard waste in a sanitary landfill or MSWLF (567 IAC 105.1(3) and 567 IAC 113.8(13)).

Wastewater—Process Wastewater Discharges: Iowa has reissued several National Pollutant Discharge Elimination System (NPDES) general permits (567 IAC 64.15).

Kansas

Wastewater—Process Wastewater Discharges: The status of the state’s NPDES general permits have been updated (KAR 28-16-150 and 28-16-154).

Wastewater—Storm Water Discharges: The state has reissued the Storm Water from Industrial Activity General Permit (General Permit No. S-ISWA-1611-1), effective November 1, 2016 – October 31, 2021 (KAR 28-16-150 and 28-16-154).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The status of the Cincinnati-Hamilton Area (parts of Boone, Campbell, and Kenton Counties) has been revised to note that this area is designated as unclassifiable/attainment for the 2012 annual PM2.5 standard (40 CFR 81.318).

Louisiana

Air Quality—Air Quality Permitting and Management: Overall Permitting and Air Quality Management Requirements: Louisiana has established regulatory permits that may be used to authorize emissions of air contaminants from certain sources and activities by submission of a written notification describing the planned activity and any appropriate fee to LDEQ (LAC 33:III.301 – LAC 33:III.319).



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Drinking Water—Recordkeeping and Reporting Requirements: The Louisiana Department of Health and Hospitals is requiring that daily records of the operation of a public water system (PWS) be signed and certified by an operator in charge of the PWS (LAC 51:XII.311).

Massachusetts

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A reference to a repealed regulation has been removed from the AST summary paragraph.

Underground Storage Tanks (All Subsections): This section was updated to remove repealed UST regulations at 527 CMR 9.00. The regulations adopted to implement the UST regulations at 310 CMR 80.00 will be added to the guide during the next update.

Underground Storage Tanks—Certification: Although the requirements for Class A, B, and C operators have not changed, the state has changed the numbering of the regulations (310 CMR 80.37).

Michigan

Underground Storage Tanks (All Subsections): The agency responsible for USTs has been updated to the Michigan Department of Licensing and Regulatory Affairs (LARA), Bureau of Fire Services (BFS), Storage Tank Division.

Underground Storage Tanks—Applicability and Scope: The definition of UST has been updated to include used oil tanks (R 29.2107).

Montana

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Montana now requires waste haulers transporting oilfield exploration and production waste to cover and secure loads while in transit in a manner that prevents discharge, dumping, spilling, or leaking from the transport vehicle (ARM 17.50.523(1)).

Nebraska

Hazardous Wastes—Waste Classification: Nebraska has not adopted the federal exclusion in 40 CFR 261.4(a)(17) for spent materials (other than listed hazardous wastes) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation (128 NAC 2-008).

Hazardous Wastes—Hazardous Waste Generators: Additional details have been added regarding land disposal restrictions for generators (128 NAC 20-005).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Additional details on groundwater monitoring requirements for TSDFs have been added. In addition, the prohibition on underground injection of hazardous waste has been added (128 NAC 21-006, 128 NAC 22-006, and 122 NAC 3-003).



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Hazardous Wastes—Universal Wastes: Additional details on notification requirements for universal waste large quantity handler were added (128 NAC 25-022.02).

Nevada

Air Quality—New Source Performance Standards: Nevada’s adoption of NSPS has been updated to note that 40 CFR 60 Subparts BB and DD are not incorporated by reference (NAC 445B.221).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Nevada has updated the financial assurance requirements for interim status, final permit, and standardized permit TSD facilities to remove the option for state responsibility (NAC 444.86325(2)).

North Carolina

Solid Wastes—Overall Solid Waste Management Requirements: North Carolina has removed the requirement for solid waste facility permits to be reviewed and modified every 5 years. The state has also discontinued design phase review requirements for the 10-year permit (15A NCAC 13B.0201).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Ohio no longer has any nonattainment areas for the 2008 8-hour ozone NAAQS after the Cincinnati area (Butler, Clermont, Clinton, Hamilton, and Warren Counties) and the Columbus area (Delaware, Fairfield, Franklin, Knox, Licking, and Madison Counties) were redesignated as attainment effective December 16, 2016, and the Cleveland-Akron-Lorain area (Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties) was redesignated as attainment effective January 6, 2017 (40 CFR 81.336).

Drinking Water—Monitoring Requirements: Ohio has promulgated a new regulation that requires public water systems (PWSs) using surface water sources to conduct biweekly cyanobacteria screening as well as periodic monitoring of source and finished water for microcystins (OAC 3745-90).

Solid Wastes—Overall Solid Waste Management Requirements: Ohio has revised the solid waste rules to remove references to financial assurance in OAC 3745-27-02-15 for composting facilities. These facilities are subject to the financial assurance requirements in OAC 3745-503 instead (OAC 3745-503).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Ohio has repealed and replaced its regulations for solid waste transfer facilities (OAC 3745-555).



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Oklahoma

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The Oklahoma Corporation Commission, Petroleum Storage Tank Division has revoked its regulations concerning AST systems used by emergency backup generators. Also, the definition of regulated substances has been amended to exclude liquid natural gas and propane, and other changes have been made for clarity (OAC 165:26-16-1, 165:26-16-2, and 165:26-1-2).

Solid Wastes—Overall Solid Waste Management Requirements: Oklahoma has updated its solid waste regulations to specify that the rules do not apply to solid waste disposal facilities used exclusively for the disposal of coal combustion residuals (CCR) or coal ash generated from the combustion of coal at electric utilities and independent power producers. All CCR units must comply with separate regulations for CCR units in OAC 252:517, which follow the federal regulations in 40 CFR 257 Subpart D with some differences (OAC 252:515-1-1(b) and OAC 252:517).

Rhode Island

Solid Wastes—Overall Solid Waste Management Requirements: Information on licensing has been updated, and the definition of “solid waste management facility” has been added (SW No. 1).

Solid Wastes—Other Treatment Technologies: Regulations for leaf and yard waste composting facilities, putrescible waste composting facilities, and mixed solid waste composting facilities have been updated, and new rules have been added for anaerobic digestion facilities. The updated rules establish a tiered system of requirements related to small, medium, and large composting facilities and set forth design and operating standards and license requirements for anaerobic digestion facilities (SW No. 8).

South Carolina

Solid Wastes—Other Treatment Technologies: South Carolina has amended its regulations for solid waste incineration facilities, including solid waste pyrolysis facilities and waste-to-energy facilities, to add certain exemptions and to establish requirements specific to air curtain incinerators (R.61-107.12).

Tennessee

Air Quality—Hazardous Air Pollutants: Tennessee has adopted by reference the provisions of 40 CFR 63 Subpart CCCCCC (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities) with certain exceptions (Rule 1200-03-18-.24).

Operator Certification—Certification and Renewal: Tennessee has amended the operator examination requirements to allow examinations to be taken in written or electronic format (Rule 0400-49-01-.02(1)).

Solid Wastes—Other Treatment Technologies: Tennessee has revised its regulations for composting facilities to establish a three-tiered system of regulation based on the type of feedstock (Rule 0400-11-01-.11).



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Texas

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Parts of Anderson, Freestone, Panola, Rusk, and Titus Counties were designated as nonattainment areas for the 2010 sulfur dioxide (SO2) NAAQS effective January 12, 2017. In addition, the Houston-Galveston-Brazoria area was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone standard (40 CFR 81.344).

Hazardous Materials—Reporting of Chemical Inventories: Information has been added to clarify that Texas requires initial or updated Tier Two forms to be filed (with SERC, LEPCs, and fire departments) within 90 days of a facility becoming subject to Tier Two thresholds, acquiring a new chemical subject to Tier Two, or discovering a significant change to a previously filed Tier Two form (25 TAC 295.182(b)(4) – 295.182(b)(7)).

Solid Wastes—Overall Solid Waste Management Requirements: Additional information about classification of nonhazardous industrial solid wastes was added (30 TAC 335.508).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Texas repealed its medical waste management regulations and adopted new regulations to replace them (30 TAC 326).

Utah

Solid Wastes—Overall Solid Waste Management Requirements: Utah has added coal combustion residual (CCR) landfills and surface impoundments to the list of solid waste facilities that require a permit (R315-310-1).

Solid Wastes—Solid Waste Landfills: Utah has added regulations for coal combustion residual (CCR) landfills and surface impoundments that mirror the federal rules (R315-319).

Vermont

Hazardous Materials—Reporting of Chemical Inventories: Tier II reports must be filed with the Vermont Department of Public Safety (DPS), Division of Fire Safety (rather than the Vermont Emergency Management Agency) (http://demhs.vermont.gov/programs/epcra).

Hazardous Wastes—Waste Classification: Vermont has added liquid wastes containing perfluorooctanoic acid (PFOA) or perfluorooctanesulfonic acid (PFOS) to the state’s list of hazardous wastes (DEC Rules, Ch. 7, Sec. 7-211).

Virginia

Air Quality—New Source Performance Standards: Virginia has updated its incorporation by reference of federal NSPS regarding Subpart OOOOa (Crude Oil and Natural Gas Facilities for which Construction, Modification, or Reconstruction Commenced after September 18, 2015) (9 VAC 5-50).

Operator Certification (All Subsections): All citations have been revised to reflect the repeal of 18 VAC 160-20 and the adoption of 18 VAC 160-30.



http://demhs.vermont.gov/programs/epcra

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Operator Certification—Classification of Wastewater Systems: Virginia has revised the class assignment of wastewater works based on design hydraulic capacity and has added a new treatment category, biological mechanical methods (18 VAC 160-30-360).

Operator Certification—Operator Duties and Responsibilities: Operators must report any change in any of the requirements and qualifications for licensure to the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals within 30 days of the change (18 VAC 160-30-300(C)).

Solid Wastes—Overall Solid Waste Management Requirements: Details have been added on Virginia’s solid waste management facility licensing program, which is administered by the Department of Professional and Occupational Regulation (18 VAC 155-20).

Washington

Hazardous Wastes—Hazardous Waste Generators: Washington has issued an updated interim enforcement policy on pharmaceutical waste management in health care (Publication No. 07-04-024). The policy is an optional alternative to the dangerous waste requirements under WAC 173-303.

West Virginia

Air Quality—New Source Performance Standards: West Virginia has updated its incorporation by reference of federal New Source Performance Standards. Certain subparts of 40 CFR Part 60 relating to wood-burning heaters and appliances are expressly excluded and are not adopted or incorporated by reference (45 CSR 16-4.1.c).

Hazardous Materials—Reporting of Chemical Inventories: West Virginia has a new web-based Tier II reporting portal (http://www.dhsem.wv.gov/SERCTIERII/Pages/Tier-II-Reporting-.aspx).

Wisconsin

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Sheboygan County has been reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.350).

Wyoming

Hazardous Materials—Reporting of Chemical Inventories: Wyoming has a new portal to use to file Tier II reports electronically (https://wyo.tieriiportal.aristatek.com/). This one submission satisfies all Tier II reporting requirements in the state (http://wyohomelandsecurity.state.wy.us/serc.aspx).

Solid Wastes—Overall Solid Waste Management Requirements: Wyoming has revised its solid waste regulations to update definitions. The rule deletes definitions for “Type I” and “Type II” landfills to provide for uniform regulation of those facilities (DEQ SW, Ch. 1 and Ch. 2).



http://wyohomelandsecurity.state.wy.us/serc.aspx


https://wyo.tieriiportal.aristatek.com/

https://wyo.tieriiportal.aristatek.com/

http://www.dhsem.wv.gov/SERCTIERII/Pages/Tier-II-Reporting-.aspx

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Solid Wastes—Solid Waste Landfills: Wyoming has updated its rules for Municipal Solid Waste Landfills (DEQ SW, Ch. 1 and Ch. 2).

Solid Wastes—Other Treatment Technologies: Wyoming has repealed the solid waste management rules in Ch. 15, as these requirements were determined to be outdated and have been have been subsequently superseded by the current Solid Waste Rules and Regulations (DEQ SW, Ch. 1 and Ch. 2).











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new & noteworthy

The revisions to the Oil Spill Prevention and Aboveground Storage Tank section for all 51 jurisdictions are now complete. The update information provides citations, the definition of “the practice of professional engineering” (or similar state term), and exemptions from PE registration with each state’s PE licensing board.

The Hazardous Waste section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to incorporate, as applicable, the numerous updates made to Rulebook A2, “Small Quantity Generator Requirements,” and Rulebook A3, “Large Quantity Generator Requirements,” found in the Hazardous Waste module in Environmental Auditing: Federal Compliance Guide as a result of recent regulatory amendments related to import and export of hazardous wastes.





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Alabama

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Alabama Board of Licensure for Professional Engineers and Land Surveyors (Code of Alabama §34-11-2(a)).

Alaska

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the State Board of Registration for Architects, Engineers, and Land Surveyors (AS 08.48.281).

Arizona

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “engineering practice” and exemptions from PE registration with the Arizona Board of Technical Registration (ARS 32-121).

Wastewater—Storm Water Discharges: Arizona has reissued the General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) to Waters of the United States (Permit No. AZG2016-002), effective September 30, 2016 – September 29, 2021 (R18-9-C901(A)(1)).

Arkansas

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Arkansas State Board of Licensure for Professional Engineers and Professional Surveyors (A.C.A. 32-121).

California

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for “professional engineer” and exemptions from PE registration with the California Board for Professional Engineers, Land Surveyors, and Geologists (Business and Professions Code 6730).

Colorado

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Colorado State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors (CRS 12-25-101).



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Connecticut

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “professional engineer” and exemptions from PE registration with the Connecticut State Board of Examiners for Professional Engineers and Land Surveyors (CGS 20-302).

Delaware

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Delaware Association of Professional Engineers (29 Del. C. 2802).

Florida

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide updated guidance, the definition of “engineering” and exemptions from PE registration with the Florida Board of Professional Engineers (FS 471.003(1)).

Georgia

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for “professional engineering” and exemptions from PE registration with the Georgia State Board of Registration for Professional Engineers & Land Surveyors (O.C.G.A. 43-15-7).

Idaho

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of professional engineering” and exemptions from PE registration with the Idaho Board of Professional Engineers & Professional Land Surveyors (Idaho Code 54-1201).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made additional designations for Illinois for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Alton Township (part of Madison County) and Williamson County were designated as nonattainment effective September 12, 2016 (40 CFR 81.314).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for “professional engineering practice” and exemptions from PE registration with the Illinois State Board of Professional Engineers (225 ILCS 325/40).



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Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Louisville area (Clark, Floyd, and part of Jefferson Counties) was redesignated as attainment for the 1997 annual standard for fine particulate matter (PM 2.5) effective September 9, 2016 (40 CFR 81.315).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Indiana State Board of Registration for Professional Engineers (IC 25-31).

Iowa

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Iowa Engineering and Land Surveying Examining Board (Iowa Code 542B.1).

Wastewater—Process Wastewater Discharges: Iowa has reissued the following National Pollutant Discharge Elimination System (NPDES) general permits: General Permit No. 5, for wastewater discharges from mines and quarries (effective July 20, 2016 – July 19, 2021); General Permit No. 6, for discharges associated with well construction activities (effective March 1, 2015 – February 28, 2020); and General Permit No. 7, for point source discharges from the application of pesticides (effective May 18, 2016 – May 17, 2021) (567 IAC 64.15).

Kansas

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Kansas State Board of Technical Professions (KSA 74-7001).

Kentucky

Hazardous Waste—Waste Classification: Kentucky has updated the lists of hazardous wastes to add sixteen additional treated wastes of nerve and blistering agents (401 KAR 31:040 Section 6).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors (KRS 322.020(1)).



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Louisiana

Drinking Water—Cross-Connection Control and Backflow Prevention: The Louisiana Department of Health and Hospitals requires that backflow preventers only be installed, maintained, repaired, and field tested by plumbers who are licensed by the State Plumbing Board of Louisiana (SPBLA) and hold an SPBLA water supply protection specialist endorsement on their license (LAC 51:XII.346).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Louisiana Professional Engineering and Land Surveying Board (RS 37:681).

Maine

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of professional engineering” and exemptions from PE registration with the State Board of Licensure for Professional Engineers (32 MRSA § 1351).

Maryland

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made additional designations for Maryland for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Parts of Anne Arundel County and Baltimore County were designated as nonattainment effective September 12, 2016 (40 CFR 81.314).

Hazardous Waste—Waste Classification: Information on Maryland-specific wastes and exemptions have been clarified and additional details provided (COMAR 26.13.02).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Additional information has been added to clarify permit restrictions relating to incineration or thermal treatment of dioxin wastes and PCBs (COMAR 26.13.06 and COMAR 26.13.07).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Maryland Board for Professional Engineers (Business Occupations and Professions Article, Section 14-301(a)).

Massachusetts

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors (250 CMR 5.08).



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Michigan

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made additional designations for Michigan for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Part of St. Clair County was designated as nonattainment effective September 12, 2016 (40 CFR 81.314).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of professional engineering” and exemptions from PE registration with the Michigan Board of Professional Engineers (339.2014).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The reference to the state’s AST regulations has been updated (R 29.5601 et seq.).

Minnesota

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide updated guidance, the definition for “practicing professional engineering,” and exemptions from PE registration with the Minnesota State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design (Minn. Stat. 326.03).

Mississippi

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide updated guidance, the definition for the “practice of engineering,” and exemptions from PE registration with the Mississippi Board of Licensure for Professional Engineers and Surveyors (73-13-1).

Missouri

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice as a professional engineer” and exemptions from PE registration with the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects (RSMo 327.191).

Montana

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Montana Board of Professional Engineers and Professional Land Surveyors (MCA 37-67-101(9)).



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Nevada

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of professional engineering” and exemptions from PE registration with the Nevada State Board of Professional Engineers & Land Surveyors (NRS 625.520).

New Hampshire

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the New Hampshire Board of Professional Engineers (RSA 310-A:11).

New Jersey

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the New Jersey State Board of Professional Engineers and Land Surveyors (NJSA 45:8-27).

New Mexico

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the New Mexico Board of Licensure for Professional Engineers & Professional Surveyors (NMSA 61-23-2).

North Dakota

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the North Dakota State Board of Registration for Professional Engineers and Land Surveyors (NDCC 43-19.1-27).

Ohio

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Ohio’s oil release and discharge notification requirements have been updated (OAC 3750-25-20 and 3750 25-25).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Ohio State Board of Registration for Professional Engineers and Surveyors (RC 4733.02).



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Oklahoma

Drinking Water—Water Quality Standards: Oklahoma has adopted and incorporated by reference the provisions of 40 CFR 141 (National Primary Drinking Water Regulations) and 40 CFR 143 (National Secondary Drinking Water Regulations) as of the July 1, 2015 publication date of the Code of Federal Regulations (OAC 252:631-1-3).

Hazardous Waste—Waste Classification: Oklahoma has updated its incorporation of federal hazardous waste regulations to include the federal exclusion for hazardous secondary materials that are being reclaimed (OAC 252:205-3-1).

Hazardous Waste— Hazardous Waste Transporters: Oklahoma has made minor revisions to the rules for hazardous waste transfer stations (OAC 252:205-15-3).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: The availability of the standardized permit option in Oklahoma has been clarified (OAC 252:205-3-2(i)).

Oregon

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Oregon State Board of Examiners for Engineering and Land Surveying (ORS 672.020).

Pennsylvania

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the State Registration Board for Professional Engineers, Land Surveyors and Geologists (63 PS 150).

Wastewater—Process Wastewater Discharges: Pennsylvania has administratively extended the General Permit for Discharges from the Application of Pesticides (PA Permit No. PAG-15) until October 28, 2017. Also, the effective dates for the General Permit for Wet Weather Overflow Discharges from Combined Sewer Systems (PA Permit No. PAG-06) were amended to June 1, 2014 – May 31, 2019 (25 Pa. Code 92a.54).

Wastewater—Storm Water Discharges: Pennsylvania has issued a revised NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (PA Permit No. PAG-03), effective September 24, 2016 – September 23, 2021 (25 Pa. Code 92.81(a)).

Puerto Rico

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been updated and revised to provide the definition for the “practice of engineering” and exemptions from PE registration with the Puerto Rico Board of Examiners of Engineers and Land Surveyors (20 L.P.R.A. 711).



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Rhode Island

Hazardous Waste—Waste Classification: Rhode Island has updated its incorporation of federal waste classification rules and now recognizes a federal exemption for circuit board shredding. The state replaced the previous permitting requirement with a notification requirement and removed a requirement for the automatic regulation of e-waste that is not otherwise hazardous, as long as it is recycled (HW Regs. 2.2 and 11).

Hazardous Waste—Hazardous Waste Generators: Rhode Island has updated its hazardous waste generator rules. Changes include deletion of a provision that prohibited generators from storing polychlorinated biphenyls in satellite accumulation containers and removal of a provision that required generators to maintain and submit a list of authorized manifest signers. The rule also sets forth new requirements for the storage of waste paint at paint collection centers (HW Regs. 5).

Hazardous Waste—Hazardous Waste Transporters: Rhode Island has updated its hazardous waste transporter regulations to delete a provision that required transporters to maintain and submit a list of authorized manifest signers. A permit exemption has also been established for the transportation of household hazardous waste from households to a Household Hazardous Waste Facility, Community Collection Center, or Hazardous Waste Management Facility (HW Regs. 6).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Rhode Island has updated its treatment, storage, and disposal facility regulations and the citations have changed (HW Regs. 7 – 13).

Hazardous Waste—Universal Wastes: Rhode Island has updated its universal waste rules to specify that waste lamps must be managed as universal wastes (or hazardous wastes) only if they meet the federal or state definitions of hazardous wastes. Previously, all waste lamps were required to be managed as universal wastes or hazardous wastes, regardless of whether or not they exhibited a hazardous characteristic. The amendments also allow small and large handlers to receive and handle circuit boards (HW Regs. 11 and HW Regs. 13).

South Carolina

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide updated guidance, the definition for the “practice of engineering,” and exemptions from PE registration with the South Carolina Board of Registration for Professional Engineers and Surveyors (S.C. Code 40-22-30(C)).

South Dakota

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE licensing with the South Dakota Board of Technical Professions (SDCL 36-18A-8).



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Tennessee

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide updated guidance, a description of the practice of engineering, and exemptions from PE registration with the Tennessee Board of Architectural and Engineering Examiners (T.C.A. 62-2).

Utah

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for “professional engineering or the practice of engineering” and exemptions from PE licensing with the Utah Division of Occupational and Professional Licensing (58-22-102(8)).

Virginia

Hazardous Waste—Waste Classification: Virginia now considers a solid waste to be a hazardous waste if it is defined to be hazardous waste under the laws or regulations of the state in which it first became a solid waste (9 VAC 20-60-261(B)(8)).

Hazardous Waste—Universal Wastes: Virginia has revised its regulations for mercury lamp crushing. The state has updated rules that allow handlers of universal waste to crush mercury-containing lamps for size reduction at the site of generation or under the control of the generator and has moved these requirements to a new section of the rules. The state has also adopted separate rules for destination facilities that recycle mercury-containing lamps (9 VAC 20-60-1505, 9 VAC 20-60-264(B)(34), and 9 VAC 20-60-265(B)(21)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of engineering” and exemptions from PE licensing with the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects (VC § 54.1-406).

Washington

Wastewater —Process Wastewater Discharges: Washington has issued a revised Aquatic Invasive Species Management General Permit, effective September 16, 2016 – September 15, 2021 (WAC 173-226-050(3)(b)).

West Virginia

Solid Waste—Biohazardous, Infectious, and Medical Wastes: West Virginia has revised its infectious medical waste management rules (64 CSR 56).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: West Virginia adopted AST release reporting requirements effective August 1, 2016 (47 CSR 63-6.2).



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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: West Virginia adopted requirements for spill prevention and response plans effective August 1, 2016. The information regarding PE certification of SPCC Plans has been revised to provide citations for the definition for the “practice of engineering” and exemptions from PE registration with the State Board of Registration for Professional Engineers (47 CSR 63-5.5 and W. Va. Code 30-13).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: West Virginia adopted rules governing the registration, construction, installation, upgrading, use, inspection, maintenance, testing, and closure of aboveground storage tanks effective August 1, 2016 (47 CSR 62 and 63).

Wyoming

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of professional engineering” and exemptions from PE licensing with the Wyoming Board of Professional Engineers and Professional Land Surveyors (W.S. 33-29-401).











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new & noteworthy

The Oil Spill Prevention and Aboveground Storage Tank section for Maine, North Carolina, West Virginia, and Wisconsin has been revised to include citations, the definition of “the practice of professional engineering,” and exemptions from PE registration with the states’ PE licensing boards. States that have not already been updated with this information will be updated in future updates.



Alabama

Hazardous Wastes—Waste Classification: Alabama has adopted the federal exclusion from the definition of solid waste for hazardous secondary materials (335-14-2).



R E L E A S E 1 41 – S E P T E M B E R 2 0 1 6



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Arizona

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of Maricopa County that is within the Phoenix Mesa 2008 8-hour ozone national ambient air quality standard (NAAQS) nonattainment area was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.303).

Wastewater—Process Wastewater Discharges: Arizona reissued the Arizona Pollutant Discharge Elimination System (AZPDES) de minimis general permit for discharges to U.S. waters for a five-year period. The updated permit became effective on June 1, 2016 (http://www.azdeq.gov/environ/water/permits/azpdes.html).

Arkansas

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Memphis Area (Crittenden County) was redesignated as attainment for the 2008 8-hour ozone NAAQS effective April 25, 2016 (40 CFR 81.304).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Imperial, Mariposa, and San Diego Counties and part of Kern (East Kern) and Nevada (western part) Counties were reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.305).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The Office of Spill Prevention and Response (OSPR) adopted new contingency plan requirements for inland facilities and financial responsibility requirements for railroads and inland facilities (14 CCR 817.04, 14 CCR 820.02, and 14 CCR 790 and 798).

Colorado

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Denver–Boulder–Greeley–Ft. Collins–Loveland area was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.306).

Connecticut

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Fairfield, Hartford, Litchfield, Middlesex, New Haven, New London, Tolland, and Windham Counties were reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.307).

Florida

Hazardous Wastes—Waste Classification: Florida has updated its waste classification rules to incorporate by reference federal regulations as of July 1, 2015, including the federal definition of solid waste which provides an exclusion for certain hazardous secondary materials (FAC 62-730.030).



http://legacy.azdeq.gov/environ/water/permits/azpdes.html

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Solid Wastes—Other Solid Wastes: Florida has updated its regulations for construction and demolition debris disposal and recycling facilities (FAC 62-701.730).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The greater Atlanta area was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone NAAQS (40 CFR 81.311).

Hazardous Wastes—Waste Classification: Georgia has updated its incorporation by reference of the federal rules and has now adopted the federal exclusion for hazardous secondary materials that are being reclaimed (391-3-11-.04).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Chicago-Naperville Area (Cook, DuPage, Kane, Lake, McHenry and Will Counties, along with parts of Grundy and Kendall Counties) was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone standard (40 CFR 81.314).

Underground Storage Tanks—Applicability and Scope: Detail has been provided about the differences between the definition of UST used by the Office of the State Fire Marshal and the Illinois Environmental Protection Agency (IEPA) (35 IAC 731.112).

Underground Storage Tanks—Release Response and Corrective Action: IEPA adopted corrective action requirements that address specific UST systems (field-constructed tanks, airport hydrant fuel distribution systems, and USTs storing fuel solely for emergency power generators installed after October 13, 2015) that took effect July 13, 2016 (35 IAC 731.110(a)).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Chicago-Naperville area (Lake and Porter Counties) was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone standard (40 CFR 81.315).

Kentucky

Underground Storage Tanks—General Operating Requirements: Citations for the prohibition delivery requirement were corrected (401 KAR 42:045 Section 2(7) and 42:045 Section 2(8)).

Maine

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: The definition of “oil” as it pertains to marine oil terminals, intrastate pipelines, and vessels was amended effective April 3, 2016 (06-096 CMR 600.2(AA)).



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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide a definition for the “practice of professional engineering” and exemptions from PE registration with the State Board of Licensure for Professional Engineers. The definition of “oil” as it pertains to marine oil terminals, intrastate pipelines and vessels was also amended effective April 3, 2016 (32 MRSA §§ 1251.3, 1254, and 1255; and 06-096 CMR 600.2(AA)).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The name of the Ground Water Oil Clean-up Fund has been changed to the Ground and Surface Waters Clean-up and Response Fund due to legislative changes that took effect April 3, 2016 (38 MRSA 568-A).

Massachusetts

Wastewater—Storm Water Discharges: EPA Region 1 has issued three final NPDES permits for discharges of storm water from small MS4s to certain waters within the Commonwealth of Massachusetts, effective July 1, 2017 – June 30, 2022 (http://www.epa.gov/region1/npdes/stormwater/MS4_MA.html).

Mississippi

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of DeSoto County was reclassified as attainment for the 2008 8-hour ozone standard effective April 8, 2016 (40 CFR 81.325).

Nebraska

Hazardous Wastes—Waste Classification: Nebraska has adopted the federal exclusion for hazardous secondary materials that are being reclaimed (128 NAC 2-008.25).

Hazardous Wastes—Hazardous Waste Generators: Information was clarified regarding state restrictions on the disposal of conditionally exempt small quantity generator waste (132 NAC 1-140).

Wastewater—Storm Water Discharges: Nebraska has issued a new Industrial Storm Water General Permit, NPDES Permit No. NER910000, effective July 18, 2016 – June 30, 2021 (119 NAC 25-001.02A).

New Jersey

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The New York–North New Jersey–Long Island area was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone standard (40 CFR 81.331).

New Mexico

Wastewater—Process Wastewater Discharges: EPA Region 6 has reissued the National Pollutant Discharge Elimination System (NPDES) General Permit No. NMG010000 for Concentrated Animal Feeding Operations (CAFO) in New Mexico, effective September 1, 2016 (http://www.epa.gov/region6/water/npdes/cafo/index.htm).



https://www3.epa.gov/region1/npdes/stormwater/MS4_MA.html

https://www3.epa.gov/region6/water/npdes/cafo/index.htm

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New York

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The New York–Northern New Jersey–Long Island area (Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester Counties) was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone standard (40 CFR 81.333).

North Carolina

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide regulatory citations, the definition for the “practice of professional engineering,” and the Board’s policy on PE certification for SPCC Plans prepared for industrial facilities (G.S. 89C).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The state has adopted a risk-based assessment and corrective action approach for any non-UST petroleum discharge effective March 1, 2016 (15A NCAC 02L.0503).

Oklahoma

Underground Storage Tanks—Design, Construction, Installation, and Registration: The Petroleum Storage Tank Division (PSTD) has amended the notification required prior to the installation of USTs or piping, added a tightness testing requirement following the completion of repairs, added required monitoring when excavation is used to repair a submersible pump, and amended the spill prevention and overfill requirements. PSTD also removed the requirement for preapproval of new installation plans for vapor or groundwater monitoring wells (OAC 165:25-2-29, 165:25-2-31, 165:25-2-35, 165:25-2-38, 165:25-2-39(e), 165:25-2-53.1, 165:25-2-55.1(f), and 165:25-2-111).

Underground Storage Tanks—General Operating Requirements: PSTD requires that records of all reportable and non-reportable events listed in OAC 165:25-3-7.1 must be kept for three years (OAC 165:25-2-7.1(d)).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: PSTD has changed release reporting methods, added requirements to record certain events that are not reportable, increased the types of job responsibilities for those responsible for reporting releases, and increased the types of events that require reporting (OAC 165:25-3-7.1).

Underground Storage Tanks—Closure and Out-of-Service USTs: PSTD now requires photos to be taken of tanks, piping, and soil at removal and has added tank or line repair and/or replacement to the list of activities that require sampling. Facilities must also receive confirmation that PSTD has received their notification prior to the removal or permanent closure of underground storage tanks and/or piping (OAC 165:25-2-131 and OAC 165:25-2-136).



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Underground Storage Tanks—Certification: Oklahoma requires that Class A and B operators be recertified every three years and that environmental consultants be licensed (OAC 165:25-1-124(c) and 165:25-1-124(d) and OAC 165:25-1-64).

Pennsylvania

Agency Contact Information: The state website has changed, so many associated agency websites were also revised. Changes have also been made as appropriate in topic sections (http://www.pa.gov/).

South Carolina

Hazardous Wastes—Waste Classification: South Carolina has adopted the federal exclusion for hazardous secondary materials that are being reclaimed (R.61-79.261).

Hazardous Wastes—Used Oil: South Carolina has revised its used oil rules. The state has added a requirement to keep containers and tanks closed and has removed the requirement for used oil marketers to obtain a permit (R.61-79.279).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The state has revised secondary containment requirements for certain UST systems located within 100 feet of an existing water supply well, coastal zone critical area, or state navigable waters (R.61-92.280.20(h) and R.61-92.280.25).

South Dakota

Hazardous Wastes—Waste Classification: South Dakota’s incorporation by reference of federal rules has been updated to note that the state has adopted the federal exclusion for solvent contaminated wipes (74:28:22:01).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Memphis area, consisting of Shelby County, was redesignated as attainment for the 2008 8-hour ozone standard effective June 23, 2016. In addition, the Bristol area (part of Sullivan County) was redesignated as attainment for the 2008 lead NAAQS effective July 7, 2016 (40 CFR 81.343).

Texas

Hazardous Wastes—Waste Classification: Texas has adopted the federal exclusion for hazardous secondary materials that are being reclaimed, with some differences. The state has also added an exclusion from the definition of solid waste for steel slag (30 TAC 335.1 and 30 TAC 335.701 – 335.706).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide a definition for the “practice of professional engineering” and exemptions from PE registration with the Texas Board of Professional Engineers (Texas Engineering Practice Act Chapter 1001).



http://www.pa.gov/

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Utah

Hazardous Wastes—Waste Classification: Utah has renumbered and revised its waste classification regulations, which now include the federal exclusion for hazardous secondary materials that are being reclaimed (R315-261).

Hazardous Wastes—Hazardous Waste Generators: Utah has renumbered and revised its hazardous waste generator regulations (R315-262).

Hazardous Wastes—Hazardous Waste Transporters: Utah has renumbered and revised its hazardous waste transporter regulations (R315-263).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Utah has renumbered and revised its hazardous waste treatment, storage, and disposal facility regulations (R315-103 and R315-264 – R315-270).

Hazardous Wastes—Universal Wastes: Utah has renumbered its universal waste rules. In addition, these rules were revised to include aerosol cans and antifreeze as universal wastes. Also, Utah now allows small and large quantity handlers to crush universal waste lamps using a drum-top lamp crusher (R315-273).

Vermont

Agency Contact Information: The Department of Environmental Conservation’s (DEC’s) website has changed. Changes have also been made as appropriate in topic sections (http://dec.vermont.gov/).

Washington

Wastewater—Process Wastewater Discharges: Washington has reissued the NPDES Boatyard General Permit, effective August 8, 2016, and the NPDES Fresh Fruit Packing Industry General Permit, effective September 1, 2016 (http://www.ecy.wa.gov/programs/wq/permits/genpermits.html).

Wastewater—Storm Water Discharges: Washington has reissued the industrial Storm Water General Permit (ISGP), effective January 2, 2015 – December 31, 2019. Minor changes were made to the permit (http://www.ecy.wa.gov/programs/wq/stormwater/index.html).

West Virginia

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: West Virginia adopted AST release reporting requirements effective August 1, 2016 (47 CSR 63-6.2).



http://www.ecy.wa.gov/programs/wq/stormwater/index.html

http://www.ecy.wa.gov/programs/wq/permits/genpermits.html

http://dec.vermont.gov/

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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: West Virginia adopted requirements for spill prevention and response plans effective August 1, 2016. The information regarding PE certification of SPCC Plans has also been revised to provide citations for the definition for the “practice of engineering” and exemptions from PE registration with the State Board of Registration for Professional Engineers (47 CSR 63-5.5 and W. Va. Code 30-13).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: West Virginia adopted rules governing the registration, fees, construction, installation, upgrading, use, inspection, maintenance, testing, and closure of aboveground storage tanks requirements effective August 1, 2016 (47 CSR 62 and 63).

Wisconsin

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Chicago-Naperville area (which includes part of Kenosha County) was reclassified from marginal to moderate nonattainment for the 2008 8-hour ozone standard (40 CFR 81.350).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide the definition for the “practice of professional engineering” and exemptions from PE registration with the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Professional Land Surveyors (Stats. 443).

Wyoming

Agency Contact Information: The Wyoming Department of Environmental Quality (DEQ) has a new website. Changes have also been made as appropriate in topic sections (http://deq.wyoming.gov/).






http://deq.wyoming.gov/




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new & noteworthy

The following developments apply to many or all 51 jurisdictions covered in Environmental State Differences Summaries and Checklists, or provide examples of significant changes in particular states. For details regarding state-specific regulatory updates see “highlights by state and topic” below.

Air Quality in the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include, as applicable, coverage for Rulebook C-19, “40 CFR 63 Subpart CCCCCC—MACT Standards for Gasoline Dispensing Facilities at Area Sources” from the Air Quality module in Environmental Auditing: Federal Compliance Guide.

Solid Wastes—Electronic Wastes: Electronic waste requirements for all 50 states have now been reviewed to ensure that statutory requirements are covered and to update regulatory requirements. In this update, information has been added for the following states: Connecticut, Maine, Michigan, Mississippi, New Hampshire, New York, North Carolina, South Carolina, Utah, Washington, and Wisconsin.



R E L E A S E 1 4 0 – J U LY 2 0 1 6



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Alabama

Hazardous Wastes—Waste Classification: Alabama has adopted the federal exclusion from the definition of solid waste for hazardous secondary materials. The state has not yet adopted the federal exclusion from definition of hazardous waste for carbon dioxide streams injected for geologic sequestration (335-14-2-.01).

Solid Wastes—Other Solid Wastes: Alabama has established specific requirements for the management of wood ash waste (335-13-4-.26).

Arizona

Drinking Water: ADEQ has updated the incorporation by reference of federal drinking water regulations into the state drinking water program to include those federal regulations in effect on July 1, 2014 (AAC 18-4-102).

Hazardous Wastes—Hazardous Waste Generators: Arizona has terminated its Arizona Environmental Performance Track Program (AzETP), which was modeled on EPA’s former National Performance Track Program (terminated in 2009). AzETP was a voluntary program that provided recognition and special incentives to members in exchange for a commitment to continuous environmental improvement (R18-8-260(F)(4)).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Arizona has terminated its Arizona Environmental Performance Track Program (AzETP), which was modeled on EPA’s former National Performance Track Program (terminated in 2009) (R18-8-260(F)(4)).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The South Coast Air Basin Area, including Orange County and parts of Los Angeles, Riverside, and San Bernardino Counties, was reclassified from moderate to serious nonattainment effective February 12, 2016. In addition, the San Joaquin Valley Air Basin, including Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare Counties and part of West Kern County, was reclassified from moderate to serious nonattainment effective February 19, 2016 (40 CFR 81.305).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Release reporting requirements have been updated to delete a reporting requirement that was removed by the state (No Citation).



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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide regulatory citations for PE registration with the California Board for Professional Engineers, Land Surveyors, and Geologists (Business and Professions Code 6730).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The state has added “tanks in an underground area” to the tank types that are regulated under the state’s Aboveground Petroleum Storage Act (APSA) law. This change took effect January 1, 2016 (HSC 25270–25270.13).

Colorado

Air Quality—New Source Performance Standards: Colorado has now fully adopted the provisions of 40 CFR 60 Subpart OOOO (applicable to natural gas wells, storage vessels, centrifugal compressors with wet seals, reciprocating compressors, pneumatic controllers, leaks and leaking components at gas plants, and sweetening units) (5 CCR 1001-8, Part A).

Hazardous Wastes—Waste Classification: Colorado has not fully adopted the conditional exclusions for hazardous secondary materials that are being reclaimed as specified in 40 CFR 261.4(a)(23 and (a)(25), although the state has recently adopted certain portions of the federal definition of solid waste rule (80 FR 1694) that established those exclusions. The state has adopted provisions of this rule that are more stringent than existing rules, which include the prohibition on sham recycling; new standards for legitimate recycling; the new definition of contained; new accumulation date tracking requirements to disprove speculative accumulation; and revised standards and criteria for solid waste variances and nonwaste determinations (6 CCR 1007-3, Sections 260.10, 260.30, 260.34, 260.42, and 260.34).

Hazardous Wastes—Hazardous Waste Transporters: Colorado has revised the rules for transfer facilities handling conditionally exempt small quantity generator waste to clarify that such facilities are subject to all requirements of Part 263 of the Colorado hazardous waste regulations (6 CCR 1007-3, Section 261.5).

Connecticut

Solid Wastes—Electronic Wastes: Connecticut’s standards for the recycling of covered electronic devices sold to consumers have been added (RCSA 22a-638).

Florida

Underground Storage Tanks—Applicability and Scope: Key definitions have been added (FAC 62-761.200).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The types of USTs subject to requirements for liners and secondary containment have been added (FAC 62-761.500(1)(d)(2) and FAC 62-761.510(3)).

Underground Storage Tanks—Closure and Out-of-Service USTs: After being in out-of-service status for 10 years, a UST system with secondary containment must be closed or returned to service (FAC 62-761.800(1)(a)(3)).



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Underground Storage Tanks (All Subsections): Citations for the requirements in the Underground Storage Tank section were corrected (FAC 62-761).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The greater Atlanta area (which includes the following counties: Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Heard [part], Henry, Newton, Paulding, Putnam [part], Rockdale, Spalding, and Walton) was redesignated as attainment for the 1997 annual PM2.5 NAAQS effective February 24, 2016 (40 CFR 81.311).

Solid Wastes—Waste Tires: Georgia has revised its regulations regarding scrap and used tire management (391-3-4-.19).

Louisiana

Drinking Water—Cross-Connection Control and Backflow Prevention: The Louisiana Department of Health and Hospitals is requiring each water supplier to develop and implement a written backflow prevention plan that outlines the procedures it will use to verify that its customers comply with mandatory containment practices. The rulemaking also establishes qualifications for installers, repairers, and field testers of backflow prevention devices (LAC 51:XII.344 and 346).

Drinking Water—Plumbing Code: Louisiana’s State Uniform Construction Code Council has established state plumbing regulations (LAC 17:I).

Solid Wastes—Waste Tires: Louisiana has made a number of revisions to its waste tire regulations, including the addition of new requirements for waste tire transfer stations (LAC 33:VII.10501 et seq.).

Maine

Solid Wastes—Electronic Wastes: State requirements and procedures for determining reasonable costs for the handling, transportation, and recycling of electronic waste generated by covered entities in Maine have been added, along with state laws for the collection and recycling of used cellular telephones (06-096 CMR 415 and 38 MRSA 2143).

Maryland

Hazardous Wastes—Waste Classification: Maryland has not adopted the conditional exclusion for cathode ray tubes (COMAR 26.13.02.04).

Hazardous Wastes—Hazardous Waste Generators: Additional clarification has been provided for Maryland’s limits on the generation (per calendar month) and accumulation of containers and inner liners of containers for small quantity generators (COMAR 26.13.02.05(C)).

Hazardous Wastes—Used Oil: Additional information and clarification relating to the state’s used oil regulations have been added (COMAR 26.13.10.05).



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Hazardous Wastes—Universal Waste: Maryland requires a small quantity handler of universal waste who accepts universal waste from off site to send a written notification to MDE unless the site has been issued an EPA identification number or the amount of universal waste at the site never exceeds 500 kilograms (COMAR 26.13.10.11).

Massachusetts

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: A reference to a repealed state citation regarding ASTs (527 CMR 9) was removed as the state has replaced this regulation by adopting NFPA 1-2012 (No Citation).

Solid Wastes—Waste Tires: Tire chipping, shredding, or other tire processing activities do not require a site assignment or a facility permit, provided certain requirements are met (310 CMR 16.03(2)).

Michigan

Solid Wastes—Other Solid Wastes: Michigan has revised its requirements for liquid industrial by-products. All references to “liquid industrial waste” have been changed to “liquid industrial by-products.” Other changes include replacing manifesting with shipping papers (324.12101–324.12113).

Solid Wastes—Electronic Wastes: Michigan has established an Electronic Waste Takeback Program for computers and video display devices (324.17301–324.17333).

Mississippi

Solid Wastes—Electronic Wastes: Mississippi has adopted a Certified Electronics Recyclers law and has also established an Electronics Waste Program, which is an MDEQ informational program that educates the residents, businesses, organizations, local governments, and state agencies on the proper management and disposal of end-of-life electronics (49-2-103).

Nevada

Hazardous Wastes—Waste Classification: Nevada regulations specify that any references to hazardous waste that have been adopted by reference include wastes containing polychlorinated biphenyl (PCB) (NAC 444.9463).

Hazardous Wastes—Hazardous Waste Generators: Generators must ensure that any analysis performed to determine whether a waste is hazardous must be performed by a laboratory that is certified. In addition, hazardous waste requirements that must be met by generators of PCB waste have been added (NAC 444.946).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Any facility constructed for the treatment, storage, or disposal of waste containing PCBs must obtain a hazardous waste facility permit and comply with the requirements for hazardous waste facilities (NAC 444.9555).



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New Hampshire

Solid Wastes—Electronic Wastes: New Hampshire has established a ban on the disposal of electronic devices in landfills or incinerators (RSA 149-M:27, IV(a)).

New Mexico

Air Quality—New Source Performance Standards: New Mexico has updated the incorporation by reference of federal NSPSs and also the exclusions from incorporation (NMAC 20.2.77).

Hazardous Wastes—Waste Classification: Information on the state’s waste classification scheme has been updated to clarify that the term “hazardous waste” may include any material that is imported into the state of New Mexico for the purpose of disposal and that is defined or classified as hazardous waste in the state of origin (NMSA 74-4-3.3).

New York

Hazardous Wastes—Used Oil: New York has updated its used oil rules to reference new state petroleum bulk storage rules and to make other revisions (6 NYCRR 374-2).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Hazardous substances spill and release reporting requirements have been added (6 NYCRR 597.4 and 6 NYCRR 598.14).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to reflect updated guidance from the New York Office of the Professions and to add regulatory citations. Additional requirements for major facilities were also added (http://www.op.nysed.gov/prof/pels/pefaq.htm, 6 NYCRR 610, and 17 NYCRR 30).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: New York made major amendments to its chemical bulk storage (CBS) UST regulations. As a result of these changes, this section has been completely revised (6 NYCRR 596–599).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Information on the standards for managing regulated medical waste in hospitals, residential health care facilities, diagnostic and treatment centers, and clinical laboratories have been added (10 NYCCR 70).

Solid Wastes—Electronic Wastes: Information on New York’s Electronic Equipment Recycling and Reuse Act, which sets forth requirements for the recycling and reuse of covered electronic equipment, has been added. The state has also adopted a law for the collection and recycling of wireless telephones (Title 23 and Title 26 of the Environmental Conservation Law).



http://www.op.nysed.gov/prof/pels/pefaq.htm

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Underground Storage Tanks (All Subsections): New York made major amendments to its petroleum bulk storage (PBS) and chemical bulk storage (CBS) UST regulations. The amendments to the existing CBS rule make it at least as stringent as the federal rule and include provisions of the federal Energy Policy Act of 2005. The amendments to the PBS rules reflect statutory changes that were made to allow for state consistency with the federal Energy Policy Act of 2005. As a result of these changes, this section has been completely revised (6 NYCRR 613 and 6 NYCRR 596–599).

North Carolina

Solid Wastes—Electronic Wastes: Information has been added on North Carolina’s Discarded Computer Equipment and Television Management law, which is designed to ensure that end-of-life computer equipment and televisions are recycled by providing a convenient system for recycling and reuse of such equipment that is based on shared responsibility among manufacturers, retailers, consumers, and the state (G.S. 130A-309).

Ohio

Drinking Water—Recordkeeping and Reporting Requirements: Ohio EPA has clarified its expectations for owners and operators of public water systems to maintain their facilities and equipment so that water treatment and distribution systems function as intended. The state also requires that corrective actions be taken (and documented) to resolve problems (OAC 3745-83-01).

Oregon

Solid Wastes—Electronic Wastes: A citation for the state’s electronic device disposal ban has been corrected (ORS 459.247).

Pennsylvania

Wastewater—Process Wastewater Discharges: Pennsylvania has extended the effective dates for three NPDES General Permits—Residential Septage, Exceptional Quality Biosolids, and Biosolids—until April 2, 2017. DEP is extending the permits in order to complete preparation of the permit renewals (No Citation).

South Carolina

Solid Wastes—Electronic Wastes: South Carolina’s Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act bans the disposal of certain electronic wastes in landfills and establishes recovery obligations for computer monitor and television manufacturers. SCDHEC has recently adopted regulations to implement this Act (R.61-124).



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South Dakota

Solid Wastes—Overall Solid Waste Management Requirements: Information on the Large-scale Solid Waste Facility Siting Act has been added. No large-scale solid waste facility may be sited, constructed, or operated in South Dakota unless the Legislature enacts a bill approving the siting, construction, or operation of the facility pursuant to a solid waste permit or permit renewal (SDCL 34A-6-53).

Utah

Solid Wastes—Electronic Wastes: Utah has established requirements for electronic wastes that require manufacturers of consumer electronic devices offered for sale in Utah to annually report to DEQ information on eligible programs for the collection, reuse, or recycling of consumer electronic devices (Utah Code 19 6 Part 12).

Vermont

Solid Wastes—Petroleum-Contaminated Soils: Additional information about requirements for petroleum-contaminated soil was added to clarify how the UST rule and hazardous waste rule apply (DEC Rules, Ch. 8, Sec. 8-103(e)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The state has updated the reference standard to be used when installing or altering USTs and has added a requirement that tanks at marinas must be constructed in accordance with an industry standard (DEC Rules, Ch. 8, Sec. 8-403(c) and 8-408).

Underground Storage Tanks—General Operating Requirements: Inspections and tests must be performed by a cathodic protection tester who meets the state’s qualifications. Cathodic protection systems must also be repaired or replaced within 120 days of a failed test (DEC Rules, Ch. 8, Sec. 8-504(b) and 8-504(d)).

Underground Storage Tanks—Release Detection: The state has added testing requirements for sheer valves at the time of installation and annually (DEC Rules, Ch. 8, Sec. 8-507(b)(5)).

Virginia

Wastewater—Process Wastewater Discharges: Virginia has updated its rules to revise and reissue the general Virginia Pollutant Discharge Elimination System (VPDES) permit for seafood processing facilities that expires on July 23, 2016. The new permit is effective July 24, 2016 (9 VAC 25-115-15).

Washington

Solid Wastes—Electronic Wastes: Washington has established regulations for the collection, transportation, and recycling of covered electronic products (CEPs) to implement the state’s Electronic Product Recycling Act (WAC 173-900).



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Wastewater—Process Wastewater Discharges: Ecology has reissued the aquatic plant and algae management National Pollutant Discharge Elimination System (NPDES) general permit. The permit covers the use of herbicides, algacides, adjuvants, and phosphorous inactivation products for control of noxious weeds, nuisance plants, algae, and phosphorous in surface waters (No Citation).

Wisconsin

Solid Wastes—Electronic Wastes: Wisconsin has adopted an electronics recycling law that establishes requirements for manufacturers, recyclers, and collectors of electronic devices (Stats. 287.07).











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new & noteworthy


Oil Spill Prevention and Aboveground Storage Tanks was revised to include current PE certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. Specific information for Maryland, Rhode Island, and Vermont is included in this update. This update completes the research for all 50 states and Puerto Rico.





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Arkansas

Air Quality—Hazardous Air Pollutants: The state has modified its requirements for the documentation associated with asbestos abatement projects that the owner/operator must keep on site (APC&EC Reg. 21.701).

Air Quality—Hazardous Air Pollutants: EPA has delegated to Arkansas the authority to implement the federal National Emissions Standards for Hazardous Air Pollutants (NESHAPs) rules of 40 CFR 61 and also certain standards under 40 CFR 63 that are applicable to sources required to obtain a Title V (Part 70) permit (40 CFR 63.99(a)(4)).

California

Solid Wastes—Petroleum-Contaminated Soils: Additional details have been added regarding the requirements for facilities or operations that transfer, process, or dispose of non-hazardous petroleum-contaminated soils (14 CCR 17362.1–17366).

Solid Wastes—Waste Tires: California has updated its waste tire regulations to include new recordkeeping requirements and to modify requirements relating to the storage of waste tires (14 CCR 17346–18462).

Solid Wastes—Other Solid Wastes: California has adopted regulations implementing the state’s Used Mattress Recovery and Recycling Act, which require manufacturers of mattresses sold in California to develop, finance, and implement a program to recover and recycle used mattresses generated within the state (14 CCR 18959–18971).

Solid Wastes—Other Treatment Technologies: California has made a number of amendments to the regulations for Compostable Material Handling Operations and Facilities and has added requirements for compostable materials at in-vessel digestion operations and facilities (14 CCR 17850–17896.61).

Solid Wastes—Solid Waste Recycling: Requirements for construction and demolition debris and inert debris (CDI) centers have been added. In addition, California has established a mandatory organic waste recycling program for food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste (14 CCR 17381.1 and PRC 42649.81).

Solid Wastes—Electronic Wastes: California requires every retailer of cell phones sold in the state to have in place a system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal (PRC 42494).

Colorado

Solid Wastes—Solid Waste Recycling: Colorado has adopted the Architectural Paint Stewardship Act, which requires producers of architectural paint that is sold, offered for sale, or distributed in Colorado to implement or participate in an approved paint stewardship program that includes provisions for the collection, transportation, reuse, recycling, and disposal of post-consumer architectural paint (CRS 25-17-404).



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Delaware

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Delaware has revised the solid waste transporter rules to remove permitting exemptions for transporters of source-separated materials for reuse or recycling, transporters of only dry waste, and transport in vehicles having a gross vehicle weight of 26,000 pounds or less (7 Admin Code 1301(7.2.1)).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Permitting requirements for transporters of infectious waste have been clarified to note an exception to permitting requirements for transport of sharps via United States Postal Service (USPS) and the United Parcel Service (UPS) (7 Admin Code 1301(11.14)).

Solid Wastes—Waste Tires: Delaware has adopted new regulations for scrap tire management facilities that specify requirements for permitting, siting, design, operation, and mosquito control (7 Admin Code 1301(12.0)).

Florida

Wastewater —Process Wastewater Discharges: Florida has replaced the Generic Permit for Discharge of Produced Groundwater from any Non-Contaminated Site Activity with the new Generic Permit for Discharge of Groundwater from Dewatering Operations (FAC 62-621.300(2)).

Wastewater —Storm Water Discharges: Florida has issued an updated Generic Permit for Storm Water Discharges from Large and Small Construction Activities, effective February 10, 2015 (FAC 62-621.300(4)).

Illinois

Air Quality—Air Quality Permitting and Management: Overall Permitting and Air Quality Management Requirements: This section has been amended to include details of the state’s Registration of Smaller Sources (ROSS) program. Requirements for program eligibility, registration, annual reporting, and routine recordkeeping have been added. Additional compliance requirements associated with portable emissions sources have also been added (35 IAC 201.170 and 201.175).

Indiana

Wastewater —Process Wastewater Discharges: Indiana has repealed portions of its wastewater general permit rules that established general permits for five types of industrial activity. IDEM has issued new general permits for these activities effective November 8, 2015, which can be viewed on the agency’s website at http://in.gov/idem/cleanwater/2480.htm#hydrostatic (327 IAC 15-8–327 IAC 15-12).

Louisiana

Air Quality—New Source Performance Standards: EPA has delegated authority to the state to implement all federal 40 CFR 60 NSPS standards except for 40 CFR 60 Subpart AAA (New Residential Wood Heaters) (LAC 33:III.3003 and 80 FR 9613).



http://in.gov/idem/cleanwater/2480.htm#hydrostatic

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Maine

Drinking Water: Maine follows the Uniform Plumbing Code (2009), with amendments (02-395 CMR 4).

Solid Wastes—Pesticide Containers and Waste Pesticides: References to the repealed deposit and recycling program for pesticide containers have been removed (01-026 CMR 21).

Wastewater—Storm Water Discharges: The timelines for projects covered by the Storm Water Management Law Permit have been extended (38 MRSA § 420-D; 06-096 CMR 500.9(A)(5)).

Maryland

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Maryland Board for Professional Engineers (the Board). Facilities in Maryland that are exempt from needing PE certification under Maryland Department of the Environment (MDE) requirements should still seek a Board ruling to determine if PE certification is necessary (Business Occupations and Professions Article, Section 14-101(k) and Author communication with Board representative).

Solid Wastes—Other Treatment Technologies: Maryland has adopted new regulations for the construction and operation of composting facilities that specify requirements for permitting, design, construction, operation, recordkeeping, reporting, and closure (COMAR 26.04.11).

Solid Wastes—Electronic Wastes: Maryland’s Statewide Electronics Recycling Program law applies to any manufacturer that sells or offers for sale a new covered electronic device in the state. The Program requires annual registration and payment of fees (Environment Article Section 9-1728).

Massachusetts

Air Quality—Risk Management Program: Massachusetts’ state-specific process safety and risk management program (RMP) requirements (the Hazardous Material Processing regulations), which were previously found in 527 CMR 33.03, have been revised and have been moved into the state’s fire code (527 CMR 1.05, Section 60.8).

Hazardous Wastes—Waste Classification: Citations relating to cathode ray tube operations were updated (310 CMR 16.03).

Hazardous Wastes—Hazardous Waste Generators: Very Small Quantity Generator requirements were clarified (310 CMR 30.353).

Minnesota

Solid Wastes—Other Treatment Technologies: Minnesota has revised its requirements for composting facilities. The changes include an exclusion for small compost sites. Information on source-separated organic material compost facilities has also been added (7035.2836).



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Solid Wastes—Solid Waste Recycling: Minnesota has established an Architectural Paint Stewardship Program that requires producers to implement and finance a statewide program aimed at reducing paint waste generation, promoting reuse and recycling, and establishing agreements to collect, transport, and process the architectural paint for end-of-life recycling and reuse (Minn. Stat. 115A.1415).

Solid Wastes—Electronic Wastes: Minnesota’s Video Display and Electronic Device Collection and Recycling Law establishes requirements for manufacturers, collectors, and recyclers of covered electronic devices (Minn. Stat. 115A.1310).

Missouri

Hazardous Wastes—Waste Classification: Missouri has updated its waste classification rules to incorporate a number of federal exclusions that were previously not adopted by the state, including the conditional exclusion for solvent-contaminated wipes (10 CSR 25-4.261).

Hazardous Wastes—Hazardous Waste Generators: Missouri has updated its hazardous waste generator rules to conform more closely to federal standards. This action removes more stringent requirements for inspections and container accumulation areas and updates requirements for labeling, reporting, and satellite accumulation. The state has also removed the additional requirements that applied to generators of 1 gram or more of 2,3,7,8-TCDD (10 CSR 25-4.262).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Missouri has updated its rules for treatment, storage, and disposal facilities to conform more closely to federal standards. This action affects requirements relating to closure, post-closure, operating records, financial assurance, waste piles, surface impoundments, landfills, incinerators, miscellaneous units, and land disposal restrictions (10 CSR 25-4.264).

Hazardous Wastes—Used Oil: Missouri has updated its used oil rules to conform more closely to federal standards. This action updates the definition of used oil and sets forth revised mixture rules for hazardous waste and used oil (10 CSR 25-4.279).

PCBs: Missouri has revised its PCB regulations to change the term “waste oil” to “used oil” (10 CSR 25-13.010(2)(B)).

Nebraska

Air Quality— Hazardous Air Pollutants: Information regarding the delegation of authority to implement the federal MACT standards of 40 CFR 63 to the Nebraska Department of Environmental Quality, the city of Omaha, and the Lincoln-Lancaster County Health Department has been updated (No Citation).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to reflect updated guidance from the Nebraska Board of Engineers and Architects (the Board) and regulatory citations (Neb. Rev. Stat. 81-3402 and 110 NAC 10-5-10).



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Nevada

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Washoe County (Reno area) was redesignated as attainment for the PM-10 standard effective January 7, 2016 (40 CFR 81.329).

North Carolina

Hazardous Wastes—Waste Classification: North Carolina now incorporates by reference the federal exclusion from the definition of solid waste for hazardous secondary materials (15A NCAC 13A.0106).

North Dakota

Hazardous Wastes—Waste Classification: North Dakota has adopted the federal conditional hazardous waste exclusions for solvent-contaminated wipes, cathode ray tubes, and hazardous secondary materials (Chapter 33-24-02).

Hazardous Wastes—Hazardous Waste Generators: North Dakota has adopted the alternative standards for hazardous waste determination and accumulation for academic entities (Chapter 33-24-03-60).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: North Dakota has adopted the federal standardized hazardous waste permit option for facilities that generate hazardous waste (or receive it from offsite facilities under the same ownership) and then store or non-thermally treat the hazardous waste onsite in containers, tanks, or containment buildings (Chapter 33-24-06-45).

Hazardous Wastes—Universal Wastes: North Dakota has adopted the federal term and definition of “mercury-containing devices” to replace the state term “mercury-containing equipment” (Chapter 33-24-05-704).

Ohio

Solid Wastes—Other Solid Wastes: Ohio has revised its requirements for facilities managing construction and demolition debris. In addition, requirements have been added for the management of clean hard fill consisting of reinforced or non-reinforced concrete, asphalt concrete, brick, block, tile, or stone (OAC 3745-400-05).

Oklahoma

Drinking Water—Water Quality Standards: ODEQ updated its incorporation by reference of federal water quality standards to July 1, 2014 (OAC 252:631-1-3).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide regulatory citations for PE registration with the Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors (59 O.S.§ 475.1 and Author communication with Board representative).



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Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The Petroleum Storage Tank Division has excluded emergency generator tanks from Oklahoma’s AST requirements effective August 27, 2015 (OAC 165:26-1-22).

Pennsylvania

Wastewater—Process Wastewater Discharges: Pennsylvania has issued a revised general NPDES permit for discharges from hydrostatic testing of tanks and pipelines (Permit No. PAG-10), effective July 11, 2015. The state has also administratively extended, until April 2, 2016, the NPDES general permits for exceptional quality biosolids (PAG-07), biosolids (PAG-08), and residential septage (PAG-09) (25 Pa. Code 92a.54).

Wastewater —Storm Water Discharges: The NPDES general permit for storm water discharges associated with industrial activities (PAG-03) has been extended until December 4, 2016 (25 Pa. Code 92.81(a)).

Rhode Island

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Rhode Island State Board of Registration for Professional Engineers (the Board). Neither the DEM nor the Board require PE certification for SPCC Plans for qualified facilities for which EPA does not require PE certification (Business and Professions 5-8-1 and Author communication with Board representative).

South Carolina

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of York County was redesignated as attainment for the 2008 8-hour ozone standard effective December 11, 2015 (40 CFR 81.341).

Air Quality—New Source Performance Standards: South Carolina has updated its incorporation by reference of the federal New Source Performance Standards in 40 CFR 60 (R.61-62.60).

Solid Wastes— Other Treatment Technologies: South Carolina has amended the standards for facilities producing compost from yard trimmings, land-clearing debris, and other organic material (R.61-107.4).

Solid Wastes—Electronic Wastes: South Carolina’s Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act bans the disposal of certain electronic wastes in landfills and establishes recovery obligations for computer monitor and television manufacturers (S.C. Code 48-60).

Tennessee

Agency Contact Information: The entire section was reviewed and updated as necessary. Many of the web addresses for the Tennessee Department of Environment and Conservation (TDEC) were corrected (No Citation).



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Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Hamilton County was redesignated as attainment for the PM2.5 1997 annual NAAQS effective November 4, 2015 (40 CFR 81.343).

Drinking Water: The regulatory citation for the state drinking water program was revised to reflect the administrative repeal and replacement of the former citation (Rule 0400-45-01).

Texas

Air Quality—Air Quality Permitting and Management: Texas repealed its voluntary emissions banking and trading program rules in 30 TAC 101.380–101.385.

Drinking Water—Operator Certification: TCEQ amended its operator certification requirements to allow a public water system (PWS) to use properly licensed volunteers to operate the water works (30 TAC 290.46(e)).

Solid Wastes—Solid Waste Recycling: Texas has updated the notification requirements for collection and processing points for only nonputrescible source-separated recyclable material (30 TAC 330.11(e)(2)).

Utah

Hazardous Wastes—Used Oil: Utah has revised the PCB concentration limits for used oil from 2 parts per million (ppm) to 50 ppm and removes the option to use generator knowledge for this certification for dielectric oil. In addition, the rule clarifies that testing or generator knowledge may be used to certify PCB concentrations in all other oils (R315-15-18).

Vermont

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Vermont Board of Professional Engineering (the Board). Facilities in Vermont that are not required to have PE certification by Vermont’s Department of Environmental Conservation (DEC) may seek a Board ruling to determine if PE certification is necessary (11 VSA 1162(a) and Author communication with Board representative).

Virginia

Air Quality—New Source Performance Standards: Virginia has updated its incorporation by reference of the federal New Source Performance Standards in 40 CFR 60 (9 VAC 5-50-410).

Hazardous Wastes—Waste Classification: Virginia now incorporates the federal exclusion for hazardous secondary materials but has modified the federal definition of “contained,” which is one of the conditions that must be met under this exclusion (9 VAC 20-60-260(B)(2)).

Solid Wastes—Solid Waste Landfills: Information on coal combustion residual (CCR) landfills, which are a specific type of industrial landfill, has been added (9 VAC 20-81-110 and 9 VAC 20-81-810).



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Solid Wastes—Other Solid Wastes: Virginia has established regulations for coal combustion byproducts that incorporate the federal rules for the disposal of coal combustion residuals and also establish additional requirements for land application or other beneficial reuse of coal combustion by-products (9 VAC 20-85).

Solid Wastes—Electronic Wastes: Virginia’s Computer Recovery and Recycling Act establishes requirements for the collection, recycling, and reuse of computer equipment that has been used and returned to the manufacturer by a consumer (VC § 10.1-1425).

Wastewater—Storm Water Discharges: Citations in the rules establishing the General Permit for Discharges of Storm Water Associated with Industrial Activities were corrected (9 VAC 25-151-70 and 9 VAC 25-151-80).

Washington

Wastewater —Storm Water Discharges: The Department of Ecology has issued a final NPDES Construction Storm Water General Permit effective January 1, 2016 (WAC 173-226-050(3)(a)).

West Virginia

Air Quality—New Source Performance Standards: West Virginia has updated its incorporation by reference of the federal New Source Performance Standards in 40 CFR 60 (45 CSR 16-1).











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new & noteworthy


Underground Storage Tanks: On July 15, 2015, EPA published amendments to the underground storage tank (UST) regulation (80 FR 41565). The 2015 UST regulation changes certain portions of the 1988 UST regulations by increasing emphasis on properly operating and maintaining UST equipment to help prevent and detect UST releases. This final rule took effect October 13, 2015. The Underground Storage Tank Modules of the State Regulatory Differences Checklists for all states have been reviewed for consistency with the updated UST rulebook of the Underground Storage Tank module in Environmental Auditing: Federal Compliance Guide.

Hazardous Wastes: All states have now been reviewed to update the status of their adoption of EPA’s solvent-contaminated wipes exclusion. This rule, effective January 31, 2014, revised the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused, and also revised the definition of hazardous waste to conditionally exclude solvent-contaminated wipes that are disposed of. States with authorized hazardous waste programs were not required to adopt these exclusions because the requirements are less stringent than those required under the base RCRA hazardous waste program. Updates were made to the following states as a result of this change: Alabama, California, Connecticut, Colorado, Florida, Hawaii, Indiana, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, North Dakota, Nevada, New Mexico, New York, Oregon, South Dakota, Vermont, and Wisconsin.



R E L E A S E 13 8 – D E C E M B E R 2 0 15



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Wastewater: Information on the general wastewater discharge permits (including storm water permits) has been reviewed and updated for states in EPA Region 9 (Arizona, California, Hawaii, and Nevada) and Region 10 (Alaska, Idaho, Oregon, and Washington).



Alabama

Hazardous Waste—Waste Classification: Alabama has adopted the federal conditional exclusions for solvent-contaminated wipes but requires keeping additional documentation related to the verification that no free liquids were present in the container prior to shipment (335-14-2-.01(4)(a)(26)(v)(IV) and 335-14-2-.01(4)(b)(18)(v)(IV)).

Hazardous Waste—Hazardous Waste Generators: Citations for the definitions of small quantity generator and large quantity generator were updated (335-14-1-.02).

Alaska

Wastewater—Process Wastewater Discharges: Information on Alaska’s general wastewater discharge permits has been reviewed and updated (http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits).

Wastewater—Storm Water Discharges: Information on Alaska’s general storm water discharge permits has been reviewed and updated (https://dec.alaska.gov/Water/wnpspc/stormwater/index.htm).

Arizona

Hazardous Waste—Hazardous Waste Generators: Arizona has updated its incorporation by reference of federal regulations and now includes the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (R18-8-262).

Hazardous Waste—Universal Wastes: Arizona has updated its incorporation by reference of federal universal waste rules to July 1, 2013 (R18-8-273).

Wastewater—Process Wastewater Discharges: Information on Arizona’s general wastewater discharge permits has been reviewed and updated (http://www.azdeq.gov/environ/water/permits/azpdes.html).

Wastewater—Storm Water Discharges: Information on Arizona’s general storm water discharge permits has been reviewed and updated (R18-9-C901(A)(1)).



http://www.azdeq.gov/environ/water/permits/azpdes.html

https://dec.alaska.gov/Water/wnpspc/stormwater/index.htm

http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits

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Arkansas

Hazardous Waste—Hazardous Waste Generators: The applicability of the hazardous waste import requirements to conditionally exempt small quantity generators has been clarified (APC& EC Reg. 23.263.10(e)).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Arkansas has established requirements for public notice and adjacent landowner notification applicable to any person applying for a TSD facility permit (APC&EC Reg. 23.270.7(d)–23.270.7 (g)).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Mammoth Lake planning area in Mono County has been redesignated as attainment for the PM-10 NAAQS effective November 4, 2015 (40 CFR 81.305).

Hazardous Waste—Waste Classification: California has not adopted the conditional exclusion for solvent-contaminated wipes. In addition, references to the comparable/syngas fuels exclusion, which was repealed by EPA, have been deleted (No Citation).

Wastewater—Process Wastewater Discharges: Information on California’s general wastewater discharge permits has been reviewed and updated (http://www.waterboards.ca.gov/water_issues/programs/npdes/general_permits.shtml).

Wastewater—Storm Water Discharges: Information on California’s general storm water discharge permits has been reviewed and updated (http://www.waterboards.ca.gov/water_issues/programs/stormwater/).

Colorado

Hazardous Materials—Reporting of Chemical Inventories: CDPHE is requiring that Tier II reports be submitted electronically to CDPHE using EPA’s Tier2 Submit software. CDPHE in turn will submit Tier II information to LEPCs and local fire departments (8 CCR 1507-42).

Hazardous Waste—Waste Classification: Colorado has not adopted the conditional exclusions for hazardous secondary materials and for solvent-contaminated wipes. In addition, references to the comparable/syngas fuels exclusion, which was repealed by EPA, have been deleted (No Citation).

Operator Certification—Operator Duties and Responsibilities: The duties of certified operators, operators in responsible charge, and owners of wastewater facilities have been amended effective September 30, 2015 (5 CCR 1003-2, Sections 100.16.5, 100.15.2, and 100.18).

Connecticut

Hazardous Waste—Waste Classification: Connecticut has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).



http://www.waterboards.ca.gov/water_issues/programs/stormwater/

http://www.waterboards.ca.gov/water_issues/programs/npdes/general_permits.shtml

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Hazardous Waste—Hazardous Waste Generators: Connecticut has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Delaware

Hazardous Waste—Hazardous Waste Generators: Delaware has added a requirement for small quantity generators to document employee hazardous waste training (7 Admin Code 1302(262.34(d)(5)(iii))).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Delaware has revised its container storage area rules to clarify the requirement for owners and operators of treatment, storage, and disposal facilities to document weekly inspections (7 Admin Code 1302(264.174)).

Florida

Hazardous Waste—Waste Classification: Florida has not adopted the conditional exclusions for hazardous secondary materials and for solvent-contaminated wipes (FAC 62-730.030(1)).

Solid Waste—Overall Solid Waste Management Requirements: Florida has revised the requirements for solid waste management facility permit applications to require that they be submitted electronically (FAC 62-701.320).

Solid Waste—Petroleum-Contaminated Soils: Florida now allows soils that have been contaminated with petroleum products or any other materials that are not hazardous wastes to be disposed of in lined Class III landfills if the soil does not have the potential to leach constituents in excess of ground water standards or criteria. Also, the state has revised requirements relating to the use of such soils as cover at landfills (FAC 62-701.520(4)).

Georgia

Hazardous Waste—Hazardous Waste Generators: Georgia has updated its incorporation by reference of federal regulations and now includes the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (391-3-11-.08).

Solid Waste—Other Treatment Technologies: Georgia has revised its regulations for composting, mulching, and anaerobic digestion facilities that compost on site (391-3-4-.16).

Hawaii

Hazardous Waste—Waste Classification: Hawaii has not adopted the conditional exclusion for solvent-contaminated wipes (No Citation).

Solid Waste—Waste Tires: Information on Hawaii’s used motor vehicle tire recovery law has been added (HRS §342I).



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Solid Waste—Electronic Wastes: Information on Hawaii’s Electronic Waste and Television Recycling and Recovery Act has been added (HRS Ch. 339D).

Wastewater—Process Wastewater Discharges: Information on Hawaii’s general wastewater discharge permits has been reviewed and updated (HAR 11-55-34.02).

Wastewater—Storm Water Discharges: Information on Hawaii’s general storm water discharge permits has been reviewed and updated (HAR 11-55-34.02).

Idaho

Wastewater—Process Wastewater Discharges: Information on Idaho’s general wastewater discharge permits has been reviewed and updated (http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#IDAHO%20GENERAL%20PERMITS).

Wastewater—Storm Water Discharges: Information on Idaho’s general storm water discharge permits has been reviewed and updated (http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#IDAHO%20GENERAL%20PERMITS).

Indiana

Hazardous Waste—Waste Classification: Indiana has adopted the federal conditional exclusions for solvent-contaminated wipes, except that the state has slightly different container labeling requirements (329 IAC 3.1-6-2(20)).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Indiana does not incorporate by reference the requirements for specific hazardous waste and specific facilities in 40 CFR 266, except for the requirements for batteries that are being exported for reclamation in a foreign country as specified in 40 CFR 266(a)(6)–(a)(7) (329 IAC 3.1-11.1).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Owners and operators of ASTs must report certain information on ASTs to the Indiana Department of Environmental Management before January 1, 2016 (Emergency Rule, LSA Document #15-369(E)).

Solid Waste—Electronic Wastes: Indiana prohibits any household, public school, or small business from mixing any covered electronic device or any other computer, computer monitor, printer, or television with municipal waste that is intended for disposal at a landfill or with any waste that is intended for disposal by burning or incineration (IC 13-20.5-10-1).

Kansas

Hazardous Waste—Waste Classification: Kansas has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).



http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#IDAHO%20GENERAL%20PERMITS

http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#IDAHO%20GENERAL%20PERMITS

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Hazardous Waste—Hazardous Waste Generators: Kansas has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Kentucky

Hazardous Waste—Waste Classification: Kentucky has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: Kentucky has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Louisiana

Hazardous Waste—Waste Classification: Louisiana has not adopted the exclusion for hazardous secondary materials that are being reclaimed as specified in 40 CFR 261.4(a)(23)–(a)(25) (No Citation).

Hazardous Waste—Hazardous Waste Generators: Louisiana has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Maryland

Hazardous Waste—Waste Classification: Maryland has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: Maryland has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Michigan

Hazardous Waste—Waste Classification: Michigan has not adopted the conditional exclusions for hazardous secondary materials and solvent-contaminated wipes (No Citation).

Minnesota

Hazardous Waste—Waste Classification: Minnesota has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: Minnesota has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).



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Mississippi

Hazardous Waste—Universal Wastes: Mississippi now includes thermostats within the universal waste category of mercury-containing equipment (11 Miss. Admin. Code Pt. 3, Ch. 1, R. 1.21).

Missouri

Hazardous Waste—Waste Classification: Missouri has not adopted the conditional exclusion for solvent-contaminated wipes. In addition, references to the comparable/syngas fuels exclusion, which was repealed by EPA, have been deleted (10 CSR 25-4.261(1)).

Nevada

Hazardous Waste—Waste Classification: Nevada has not adopted the conditional exclusions for hazardous secondary materials and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: Nevada has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Wastewater—Process Wastewater Discharges: Information on Nevada’s general wastewater discharge permits has been reviewed and updated (NAC 445A.266(1)).

Wastewater—Storm Water Discharges: Information on Nevada’s general storm water discharge permits has been reviewed and updated (NAC 445A.266(4)).

New Mexico

Hazardous Waste—Waste Classification: New Mexico has not adopted the conditional exclusion for solvent-contaminated wipes (No Citation).

New York

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has corrected an error in New York County’s attainment status. EPA is revising the table for the PM10 NAAQS to indicate that the standard has been revoked and New York County is attainment for the annual PM10 NAAQS (40 CFR 81.333).

Hazardous Waste—Waste Classification: New York has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: New York has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: The reporting requirements for suspected leaks and confirmed releases of petroleum have been added (6 NYCRR 613-4.4(a)).



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Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The New York State Department of Environmental Conservation has repealed its petroleum AST regulations under 6 NYCRR 612 and 614. It has repealed and readopted regulations under 6 NYCRR 613 to reflect changes in state laws and federal laws and regulations (6 NYCRR 613).

North Carolina

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Charlotte-Rock Hill area (Mecklenburg County and parts of Cabarrus, Gaston, Iredell, Lincoln, Rowan, and Union Counties) were reclassified as attainment for the 2008 8-hour ozone standard effective July 28, 2015 (40 CFR 81.334).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The requirements for UST systems and UST system components that are installed or replaced on or after November 1, 2007, have been added. North Carolina has also updated the implementation schedule for USTs installed near sensitive groundwater receptors (15A NCAC 02N.0900 and 15A NCAC 02N.0304).

Underground Storage Tanks—Release Detection: Additional text has been provided to explain that USTs located in areas defined in 15A NCAC 02N.0301(d) are subject to enhanced leak detection monitoring (15A NCAC 02N.0304(b)).

North Dakota

Hazardous Waste—Waste Classification: North Dakota has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: North Dakota has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Ohio

Air Quality—Air Quality Permitting and Management: Overall Permitting and Air Quality Management Requirements: Ohio’s permitting requirements for air contaminant emission sources have been revised to reflect current Permit to Install (PTI), Permit to Operate (PTO), and Permit to Install and Operate (PITO) programs. Exemptions from these permitting requirements have been updated, and eligibility requirements for sources granted registration status have been clarified (3745-31-02(A)(1)).

Drinking Water—Cross-Connection Control and Backflow Prevention: Ohio EPA is requiring public water systems to develop and implement a more formalized backflow prevention and cross-connection control program. Suppliers of water are now required to conduct onsite investigations of all premises at least every five years to identify changes in water use practices that could increase hazards to the water supply; however, some exceptions apply (OAC 3745-95-02 and 3745-95-03).

Drinking Water—Plumbing Code: Ohio’s plumbing code is based on the International Fire Code, 2009 edition (OAC 4101:3-1).



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Hazardous Waste—Waste Classification: Requirements for owners or operators of facilities that enter recyclable materials into a recycling process within seventy-two hours of the waste’s arrival have been updated to include requirements for maintaining a closure cost estimate and for maintaining financial assurance for closure and liability coverage for sudden accidental occurrences (OAC 3745-51-100).

Solid Waste—Overall Solid Waste Management Requirements: Ohio has added a requirement that solid waste transfer and solid waste disposal facilities must collect state disposal fees and environmental protection fees and must also prepare and file monthly state disposal and environmental protection fee returns (OAC 3745-502-02).

Oregon

Hazardous Waste—Waste Classification: Oregon’s incorporation by reference of federal hazardous waste identification rules has been updated to reflect the fact that the state does not include the conditional exclusions for hazardous secondary materials and solvent-contaminated wipes (OAR 340-101-0002(2)).

Hazardous Waste—Hazardous Waste Generators: Oregon has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (OAR 340-101-0002(2)).

Hazardous Waste—Universal Wastes: Information on Oregon’s universal waste rules has been clarified to note that Oregon follows the federal universal waste requirements, including those for mercury-containing equipment. In addition, the state’s universal waste pesticide requirements have been clarified (OAR 340-113).

Wastewater—Process Wastewater Discharges: Information on Oregon’s general wastewater discharge permits has been reviewed and updated (OAR 340-045-0033(11)).

Wastewater—Storm Water Discharges: Information on Oregon’s general storm water discharge permits has been reviewed and updated (OAR 340-045-0033(10)).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Johnstown area, consisting of Cambria County and part of Indiana County (Townships of West Wheatfield, Center, and East Wheatfield and Armagh and Homer City Boroughs) and Lancaster County were redesignated as attainment for the PM2.5 1997 annual standard and for the PM2.5 2006 24-hour standard, effective July 16, 2015. In addition, Allegheny County (except for Clairton City and the Boroughs of Glassport, Liberty, Lincoln, and Port Vue) and Armstrong (Elderton Borough and Plumcreek and Washington Townships), Beaver, Butler, Green (Monongahela Township), Lawrence (Township of Taylor south of New Castle City), Washington, and Westmoreland Counties were redesignated as attainment for the PM 2.5 1997 annual standard and for the PM2.5 2006 24-hour standard, effective October 2, 2015 (40 CFR 81.339).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Pennsylvania has revised the regulations for the management of regulated medical wastes and chemotherapeutic wastes (25 Pa. Code 284).



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Solid Waste—Electronic Wastes: Information on Pennsylvania’s Covered Device Recycling Act, which establishes a recycling program for certain covered devices (including desktop computers, laptop computers, computer monitors, computer peripherals and televisions), has been added (35 P.S. 6031.304 and 35 P.S. 6031.506).

South Dakota

Hazardous Waste—Waste Classification: South Dakota has not adopted the conditional exclusion for solvent-contaminated wipes (ARSD 74:28:22:01).

Hazardous Waste—Hazardous Waste Generators: South Dakota has recently adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (ARSD 74:28:23:01).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Knoxville area (Blount and Knox Counties and part of Anderson County) has been redesignated as attainment for the 2008 8-hour ozone NAAQS effective July 13, 2015 (40 CFR 81.343).

Hazardous Waste—Waste Classification: Tennessee has not adopted the federal exclusion from the definition of solid waste for hazardous secondary materials that are being reclaimed (No Citation).

Hazardous Waste—Hazardous Waste Generators: Tennessee has revised its rules for the management of mixtures of hazardous waste and used oil generated by conditionally exempt small quantity generators (Rule 0400-12-01-.02(1)(e)(10)).

Texas

Wastewater—Process Wastewater Discharges: References to the rescinded CAFO permit-by-rule requirements at 30 TAC 321.183 – 321.197 have been removed.

Hazardous Waste—Waste Classification: Texas has not adopted the federal exclusion from the definition of solid waste for hazardous secondary materials that are being reclaimed (30 TAC 335.1(140)).

Utah

Hazardous Waste—Waste Classification: Utah’s incorporation by reference of the federal hazardous waste identification rules has been updated to reflect the fact that the state does not include the conditional exclusion for hazardous secondary materials (No Citation).

Vermont

Hazardous Waste—Waste Classification: Vermont has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).



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Solid Waste—Overall Solid Waste Management Requirements: Vermont has updated the list of solid wastes that are banned from disposal in landfills to include electronic devices, mandated recyclable materials, leaf and yard waste, wood waste, and food residuals (10 VSA 6621a(a)).

Solid Waste—Other Treatment Technologies: New rules for salvage yards, which include any place of outdoor storage or deposit for storing, keeping, processing, buying, or selling junk or any place functioning as a scrap metal processing facility, have been added (DEC Rules, Ch. 26).

Solid Waste—Solid Waste Recycling: Information has been added on Vermont’s universal recycling law, which requires separation and diversion of recyclable materials and bans mandated recyclable materials, leaf and yard waste, and food residuals from landfills (10 VSA 6605 and 10 VSA 6607a).

Solid Waste—Electronic Wastes: Vermont has banned the disposal of electronic devices in landfills and has adopted an electronic waste recycling law that establishes requirements for manufacturers of electronic devices, recycling facilities, and collectors and transporters of electronic waste (10 VSA 7551 – 7558).

Virginia

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Oil discharge and suspected release reporting requirements have been added (VC § 62.1-44.34:19(A) and 9 VAC 25-91-210).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Additional details for Oil Discharge Contingency Plans required for individual oil ASTs with a capacity of 25,000 gallons or more and facilities with an aggregate aboveground oil storage capacity of 25,000 gallons or more were added (9 VAC 25-91-170).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Virginia has revised its rules for oil ASTs by clarifying the applicability of its regulations and adding new performance standards for certain ASTs in the city of Fairfax. As a result, all requirements were reviewed and additional detail has been provided (9 VAC 25-91 Parts I – III).

Washington

Wastewater—Process Wastewater Discharges: Information on Washington’s general wastewater discharge permits has been reviewed and updated (WAC 173-226-050(3)(b)).

Wastewater—Storm Water Discharges: Information on Washington’s general storm water discharge permits has been reviewed and updated (WAC 173-226-050(3)(a)).

West Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA is correcting an error in 40 CFR 81.349 that incorrectly listed Brooke, Hancock, Kanawha, and Putnam Counties as nonattainment for the 1997 annual PM2.5 2006 24-hour NAAQS standard. These areas had been redesignated as attainment for this standard in March 2014 (40 CFR 81.349).



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Wisconsin

Hazardous Waste—Waste Classification: Wisconsin has not adopted the conditional exclusions for hazardous secondary materials, cathode ray tubes, and solvent-contaminated wipes (No Citation).

Hazardous Waste—Hazardous Waste Generators: Wisconsin has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (No Citation).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Wisconsin has not adopted the federal standardized permit option (No Citation).

Wyoming

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Information on ambient air quality standards in Wyoming’s regulations has been updated to clarify that the state’s sulfur dioxide standard is the same as the federal standard (DEQ AQD, Ch. 2, Sec. 4, 7, 8, 9, and 11).









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new & noteworthy


Wastewater: On June 16, 2015, EPA published the Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Industrial Activities (80 FR 34403). The final permit, also referred to as the Multi-Sector General Permit (2015 MSGP), replaces the existing 2008 permit covering storm water discharges from industrial facilities in areas where EPA is the permitting authority. The 2015 MSGP permit became effective on June 4, 2015, and is valid for 5 years. The Wastewater Module of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed for consistency with the updated Rulebook E, “Storm Water Discharges” of the Wastewater module in Environmental Auditing: Federal Compliance Guide.

Oil Spill Prevention and Aboveground Storage Tanks: This section continues to be revised to include current professional engineer (PE) certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. Specific information is included for Hawaii and Washington in this update; the PE certification requirements for the remaining states will be added in future updates.



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Alaska

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Release reporting requirements for oil and hazardous substance have been added (18 AAC 75.300 and 18 AAC 75.305).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The requirement to train employees in company and state pollution prevention measures that are applicable to each person’s duties has been added (18 AAC 75.007(a) and 75.007(d)).

Underground Storage Tanks—Release Response and Corrective Action: The Alaska Department of Environmental Conservation (ADEC) has revised the qualifications for persons who collect and interpret field data and report release investigation data (18 AAC 78.235 and 18 AAC 78.276(a)).

Arizona

Solid Wastes—Solid Waste Landfills: Arizona has established a solid waste general permit for a class of solid waste landfills at mining sites that otherwise would require a solid waste plan approval. This general permit authorizes disposal of solid waste and incidental amounts of putrescible waste generated at the mining operation where the landfill is located if certain requirements are met (R18-13-802).

Colorado

Drinking Water—Filtration, Disinfection, and Fluoridation: Colorado updated its incorporation by reference of federal drinking water standards to the July 1, 2014 version (Colorado Register, April 10, 2015).

Drinking Water—Cross-Connection Control and Backflow Prevention: Colorado revised cross-connection and backflow prevention (CCBP) regulations to require public waste systems to develop and implement a written CCBP program and, beginning in 2017, prepare annual written reports summarizing program efforts and results (5 CCR 1002-11, Sections 11.36 and 11.39).

Pesticides—Pesticide Storage: Colorado added storing pesticides used for water treatment at public water systems to the list of activities exempt from bulk storage pesticide regulations (8 CCR 1206-1, Section 12.2).



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Solid Wastes—Asbestos Wastes: Colorado has replaced existing requirements for management of asbestos-contaminated soil (ACS) with new requirements for management of regulated asbestos-contaminated soil (RACS) (6 CCR 1007-2, Part 1, Section 5).

Solid Wastes—Petroleum-Contaminated Soils: The Colorado Department of Public Health and Environment (CDPHE) has prepared a guidance document entitled “Emergency Petroleum Spill Waste Management” (January 2014), which clarifies what the accepted waste generation, management, characterization, and disposal practices are when responding to emergency petroleum releases regulated by CDPHE (No Citation).

Solid Wastes—Waste Tires: Colorado has updated the waste tire regulations to include new standards for mobile waste tire processors, the management of used tires, and the administration of the waste tire fee. The rule also incorporates provisions regarding reimbursements from the Waste Tire Processor and Reimbursement Program that were previously contained in a separate regulation that has been repealed (6 CCR 1007-2, Part 1, Sections 1.2, 10, and 16).

Georgia

Solid Wastes—Solid Waste Landfills: Georgia has revised the solid waste standards to provide a mechanism for existing inert waste landfills to be exempted from the permitting process, if certified by a professional engineer registered in the state as being in full compliance with all permit-by-rule requirements as of January 1, 2012 (391-3-4-.06(3)(C)).

Hawaii

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects (the Board). Facilities in Hawaii that are exempt from needing PE certification under federal rules should still seek a Board ruling to determine if PE certification is necessary (HRS §464-2 and Author communication with Board representative).

Idaho

Pesticides: The restrictions on non-domestic pesticides were revised to remove the specific names of low volatile liquid esters and to clarify that their use is prohibited at temperatures over 80ºF (02.03.03.500).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has changed the initial designation status for the Indiana portion of the Louisville area (Clark and Floyd Counties) from nonattainment to unclassifiable for the 2012 annual PM2.5 standard based on additional 2012–2014 data submitted by the state (40 CFR 81.315).



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Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has changed the initial designation status for the Kentucky portion of the Louisville area (Jefferson County and part of Bullitt County) from nonattainment to unclassifiable for the 2012 annual PM2.5 standard based on additional 2012–2014 data submitted by the state (40 CFR 81.318).

Louisiana

Pesticides—State Restricted-Use Pesticides: The time frame for applying restricted-use pesticides has been extended until April 1 (LAC 7:XXIII.1103(A)).

Maine

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: The Maine Department of Environmental Protection (DEP) has added oil discharge reporting requirements from rail tank cars and cars containing oil (06-096 CMR 696.4(B)(1)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: DEP has new requirements that establish inspection and preparedness requirements for operators of rail tank cars who transport or store oil (06-096 CMR 696).

Pesticides—State Licensing: Commercial applicators making outdoor treatments must establish a system to identify the property of their customers (01-026 CMR 20.7). In addition, to deal with a pest management emergency, the Maine Department of Agriculture, Bureau of Pesticides Control (BPC) may grant nonresident licenses to aerial applicators who are licensed in other jurisdictions (01-026 CMR 31.6(B)).

Pesticides—Special Application Methods: The categories for which notification of outdoor commercial pesticide applications must be provided has been updated (01-026 CMR 28.3).

Pesticides—Miscellaneous State Requirements: BPC has specific provisions and exemptions regarding authorization to apply pesticides (01-026 CMR 20.6). Government-sponsored vector control programs are exempt from certain notification and application requirements (01-026 CMR 22.6(B) and 01-026 CMR 50).

Nevada

Pesticides (All Subsections): All subsections were revised to reflect the state’s many changes to its pesticide regulations, including adding a “location principal” license (NAC 555), adding a “temporary hold” category for licenses (NAC 555.290), renaming some licensing subcategories (NAC 555.280 and NAC 555.613), adding licensing examination and application requirements (NAC 555.340), requiring applicators to pay for pesticide spills (NAC 555.400 and NAC 555.700), and including spot treatments in records (NAC 555.410 and NAC 555.700).



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New Hampshire

Solid Wastes—Asbestos Wastes: New Hampshire has revised its rule regarding the licensing and training of workers that disturb asbestos at asbestos disposal sites (Env-A 1811 and Env-A 1812).

North Carolina

Drinking Water: Plumbing Code: North Carolina enforces the North Carolina Plumbing Code (2012), which is based on the International Plumbing Code (2009) (http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Building_Code_Council_USER&user=Building_Code_Council).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has changed the initial designation status for the Canton-Massillon Area (Stark and Summit Counties and part of Wayne County) and the Cincinnati-Hamilton Area (Butler, Clermont, and Hamilton Counties, and part of Warren County) from nonattainment to unclassifiable/attainment for the 2012 annual PM2.5 standard, based on additional 2012–2014 data submitted by the state (40 CFR 81.336).

Oklahoma

Pesticides—State Licensing: The state has divided license category 11 into two categories: 11a (Bird and Vertebrate Animal Pests Control) and 11b (Predatory Animal Control) (OAC 35:30-17-1).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Allentown area (Lehigh and Northhampton Counties) was redesignated as attainment for the PM2.5 2006 24-hour standard effective April 13, 2015. In addition, Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties were redesignated as attainment for the PM2.5 1997 annual standard and for the PM2.5 2006 24-hour effective April 21, 2015. Lastly, EPA changed the initial designation status for the PM2.5 2012 annual standard for Cambria, Indiana, Lehigh, and Northhampton Counties from nonattainment to unclassifiable/attainment or unclassifiable for the 2012 annual PM2.5 standard based on additional 2012–2014 data submitted by the state (40 CFR 81.339).

South Carolina

Solid Wastes—Waste Tires: South Carolina has revised the rules for waste tire management in order to expand and clarify the operational, permitting, and registration requirements for haulers, collectors, and processors of waste tires. The state has also established bonding requirements for certain waste tire haulers (R.61-107.3).



http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Building_Code_Council_USER&user=Building_Code_Council

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Texas

Pesticides—State Licensing: The following changes have been made:

The applicator license categories have been revised (4 TAC 7.21).

Out-of-state licensed dealers must now collect data and submit reports quarterly rather than monthly (4 TAC 7.32(f)).

Records of each pesticide application must include additional information (4 TAC 7.33).

Pesticides—State Restricted-Use Pesticides: Texas has added a category of “prohibited pesticides,” which may not be used for any reason and must be properly disposed of (4 TAC 7.30(c)). In addition, a general-use pesticide applied for public health pest control by means of aerial application or power-driven fogging equipment is consider a state limited-use pesticide (4 TAC 7.30(a)(4)). Finally, the list of counties with special pesticide provisions has been updated (4 TAC 7.53).

Pesticides—Miscellaneous State Requirements: Requirements for vehicle decals have been revised (4 TAC 7.27 and 4 TAC 7.35).

Washington

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The information regarding PE certification of SPCC Plans has been revised to provide regulatory citations for PE registration with the Washington Board of Registration for Professional Engineers and Land Surveyors (the Board) and to include the results of research into PE certification of SPCC Plans for Tier I and II qualified facilities with Ecology and the Board (RCW 18.43.010 and Author communication with Board representative).

Wyoming

Hazardous Materials: Toxics Release Inventory Reporting: Under the TRI State Data Exchange agreement with U.S. EPA, Wyoming is now a download participant (http://www2.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange). Facilities that file online with EPA via TRI-MEweb also meet the state submittal requirements.









http://www2.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange

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new & noteworthy


Wastewater: Information on the general wastewater discharge permits (including storm water permits) was reviewed and updated for EPA Region 8 states (Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming).

Oil Spill Prevention and Aboveground Storage Tanks: This section continues to be revised to include current professional engineer (PE) certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. Specific information is included for Maine, South Dakota, and Wyoming in this update; the PE certification requirements for the remaining states will be added in future updates.



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California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Yuba City-Marysville Area, including Sutter County and part of Yuba County, was redesignated as attainment for the PM2.5 2006 24-hour NAAQS effective January 8, 2015 (40 CFR 81.305).

Drinking Water (All Subsections): The California State Water Resources Control Board assumed authority from the California Department of Public Health to administer the state’s drinking water regulatory program (No Citation).

Colorado

Wastewater—Process Wastewater Discharges: Information on Colorado’s general wastewater discharge permits was reviewed and updated (5 CCR 1002-61).

Wastewater—Storm Water Discharges: Information on Colorado’s general storm water discharge permits was reviewed and updated (5 CCR 1002-61).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Rome (Floyd County) and Macon (Bibb and part of Monroe County) areas were redesignated as attainment for the 1997 annual PM2.5 NAAQS, effective June 12, 2014. In addition, the Chattanooga area (Catoosa and Walker Counties) was redesignated as attainment for the 1997 annual PM2.5 NAAQS, effective December 19, 2014 (40 CFR 81.311).

Illinois

Hazardous Wastes—Universal Wastes: Illinois has adopted the Mercury Thermostat Collection Act, which establishes requirements for the collection and management of out-of-service mercury thermostats (415 ILCS 98).

Maine

Hazardous Wastes—Waste Classification: Maine has not adopted the federal exclusions for hazardous secondary materials that are being reclaimed, solvent-contaminated wipes, cathode ray tubes, hazardous secondary materials used to make zinc fertilizers, and certain leather tanning wastes (06-096 CMR 850.4).



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Hazardous Wastes—Hazardous Waste Generators: Maine has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K. In addition, some citations for small quantity generator requirements have changed as a result of changes to the waste classification rules (06-096 CMR 850.4).

Hazardous Wastes—Universal Wastes: Maine has updated its universal waste regulations and has moved these regulations from the waste classification rules into a new, standalone chapter. In addition, the state has added architectural paint as a universal waste (06-096 CMR 858).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the State Board of Licensure for Professional Engineers (the Board). The Board requires PE certification if the preparation of the SPCC Plan is the practice of engineering as described at 32 MRSA 1251.3 et seq. (No Citation).

Maryland

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Baltimore area (City of Baltimore and Anne Arundel, Baltimore, Carroll, Hartford, and Howard Counties) was redesignated to attainment for the 1997 annual PM2.5 standard effective December 16, 2014 (40 CFR 81.321).

Massachusetts

Hazardous Wastes—Used Oil: The used oil requirements have been updated to reflect changes to the state’s fire prevention rules. The portion of those rules specific to waste oil tanks has been repealed, and the state has consolidated its rules as part of the adoption of the revised Massachusetts Comprehensive Fire Safety Code effective January 1, 2015. The revised code adopts, in large part, the National Fire Prevention Association’s (NFPA) Model Fire Code (NFPA 1- 2012 Edition), with Massachusetts amendments (527 CMR 1.00).

Missouri

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The St. Louis area (the City of St. Louis and Franklin, Jefferson, St. Charles, and St. Louis Counties) was redesignated as attainment for the 1997 8-hour ozone standard effective February 20, 2015 (40 CFR 81.326).

Underground Storage Tanks—General Operating Requirements: Owners/operators must maintain records to document compliance with operator training requirements (10 CSR 100-6.1(4)).

Underground Storage Tanks—Certification: MDNR has established July 1, 2016, as the deadline that Class A, B, and C operators must become qualified (10 CSR 100-6.1(2) and CSR 100-6.1(3)).



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Montana

Wastewater—Process Wastewater Discharges: Information on Montana’s general wastewater discharge permits was reviewed and updated (ARM 17.30.1341).

Wastewater—Storm Water Discharges: Information on Montana’s general storm water discharge permits was reviewed and updated (ARM 17.30.1105).

Nebraska

Hazardous Wastes—Waste Classification: Nebraska has adopted the federal exclusion for solvent-contaminated wipes that are sent for cleaning and reuse or for disposal ( 128 NAC 2-008.24).

New Hampshire

Hazardous Wastes—Waste Classification: New Hampshire has adopted the federal exclusion for solvent-contaminated wipes that are sent for cleaning and reuse or for disposal, with some differences. The state has also adopted an exclusion for wipes contaminated with used oil (Env-Hw 402.03).

North Dakota

Wastewater—Process Wastewater Discharges: Information on North Dakota’s general wastewater discharge permits was reviewed and updated (33-16-01-26.1).

Wastewater—Storm Water Discharges: Information on North Dakota’s general storm water discharge permits was reviewed and updated (33-16-01-26.1).

Ohio

Underground Storage Tanks—Financial Responsibility: The requirement to pay an annual financial assurance fee has been revised to require payment of the fee only in the years the Petroleum UST Release Compensation Board assesses an annual fee (OAC 3737-1-04).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Cumberland, Dauphin, Lebanon, and York Counties were redesignated as attainment for both the PM2.5 1997 annual standard and the PM2.5 2006 24-hour standard effective December 8, 2014. In addition, Berks County was redesignated as attainment for the PM2.5 1997 annual standard effective March 4, 2015 (40 CFR 81.339).

South Dakota

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the South Dakota Board of Technical Professions (the Board). Although DENR does not require PE certification of SPCC Plans, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).



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Wastewater—Process Wastewater Discharges: Information on South Dakota’s general wastewater discharge permits was reviewed and updated (ARSD 74:52:02:46).

Wastewater—Storm Water Discharges: Information on South Dakota’s general storm water discharge permits was reviewed and updated (ARSD 74:52:02:36 and ARSD 74:52:02:46).

Utah

Wastewater—Process Wastewater Discharges: Information on Utah’s general wastewater discharge permits was reviewed and updated (R317-8-2.5).

Wastewater—Storm Water Discharges: Information on Utah’s general storm water discharge permits was reviewed and updated (R317-8-3.9).

Washington

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Washington no longer has any nonattainment areas, since the Tacoma area (part of Pierce County) was redesignated as attainment for the PM2.5 2006 24-hour National Ambient Air Quality Standard (NAAQS) effective March 12, 2015 (40 CFR 81.348).

Hazardous Wastes—Waste Classification: Washington has not adopted the federal exclusion for solvent-contaminated wipes that are sent for cleaning and reuse or for disposal (No Citation).

Hazardous Wastes—Hazardous Waste Generators: Washington has recently adopted the alternative hazardous waste management requirements for eligible academic laboratories (WAC 173-303-235).

Hazardous Wastes—Universal Wastes: Requirements for universal waste were clarified to reflect the fact that the state regulates mercury-containing equipment as a universal waste and that thermostats are included within that category (WAC 173-303-573(19)).

West Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Berkeley County was redesignated as attainment for the 1997 annual PM2.5 standard effective November 25, 2014 (40 CFR 81.349).

Wisconsin

Operator Certification—Applicability and Definitions: Key definitions have been added and revised, and applicability has been updated in accordance with the requirements that take effect July 1, 2015 (NR 114.52 and NR 114.53(1)).

Operator Certification—Classification of Wastewater Systems: The state has updated and revised the treatment plant classifications and subclasses (NR 114.56).



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Operator Certification—Classification of Operators: Wisconsin has revised the classification of operators and expanded the exceptions to include a designated operator-in-charge. Additional certification requirements have been added for the operators of sanitary sewage collection systems and laboratories, with optional certification offered for satellite sanitary sewage collections systems (NR 114.53, NR 114.56, and NR 114.57).

Operator Certification—Certification and Renewal: Although the requirements for certification and renewal do not have significant changes, the state has made a number of small changes that impact the numbering of the regulations (No Citation).

Operator Certification—Operator Duties and Responsibilities: The state has removed the requirement for owners to notify DNR of the name of the designated operator-in-charge (No Citation).

Wyoming

Hazardous Wastes—Waste Classification: Wyoming has revised its hazardous waste regulations to consolidate the current standards under one chapter and to incorporate by reference federal regulations under 40 CFR 124, 260 – 268, 270, 273 and 279, as of January 31, 2014 (DEQ HW, Chapter 1).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Wyoming Board of Professional Engineers and Professional Land Surveyors (the Board). Although DEQ does not require PE certification of SPCC Plans, the Board does require PE certification for all SPCC Plans prepared for facilities located in Wyoming (No Citation).

Wastewater—Process Wastewater Discharges: Information on Wyoming’s general wastewater discharge permits was reviewed and updated (DEQ WQD, Ch. 2 and Ch. 18).

Wastewater—Storm Water Discharges: Information on Wyoming’s general storm water discharge permits was reviewed and updated (DEQ WQD, Ch. 2 and Ch. 18).









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new & noteworthy


Air Quality: EPA issued a final rule in June 2014 that identifies the classification for all areas currently designated nonattainment for the 1997 and/or 2006 fine particle (PM2.5) standards as “moderate.” States with nonattainment areas (Alabama, Alaska, Arizona, California, Delaware, Georgia, Idaho, Illinois, Indiana, Kentucky, Maryland, Missouri, Montana, Oregon, Pennsylvania, Tennessee, Utah, Washington, and West Virginia) have been updated to specify that they are classified as moderate nonattainment. In addition, EPA issued a final rule in January 2015 that establishes air quality designations for most areas in the U.S. for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS). Fourteen areas in six states (California, Idaho, Indiana, Kentucky, Ohio, and Pennsylvania) were designated as nonattainment; EPA is deferring designation for ten areas within Alabama, Georgia, Florida, South Carolina, and Tennessee.



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Oil Spill Prevention and Aboveground Storage Tanks: This section continues to be revised to include current professional engineer (PE) certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. Specific information is included for Alabama, Arkansas, Iowa, Missouri, Mississippi, Montana, New Hampshire, North Dakota, Oklahoma, Oregon, Puerto Rico, Tennessee, Utah, Washington, West Virginia, and Wisconsin in this update; the PE certification requirements for the remaining states will be added in future updates.

Wastewater: Information on the general wastewater discharge permits (including storm water permits) was reviewed and updated for EPA Region 6 states (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas) and for EPA Region 7 states (Iowa, Kansas, Missouri, and Nebraska).



Alabama

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of Jackson County is designated as moderate nonattainment for the 1997 PM2.5 annual National Ambient Air Quality Standard (NAAQS) (40 CFR 81.301).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Alabama Board of Licensure for Professional Engineers and Land Surveyors. Although ADEM does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Alaska

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of the Fairbanks North Star Borough is designated as moderate nonattainment for the PM2.5 2006 24-hour National Ambient Air Quality Standard (NAAQS) (40 CFR 81.302).



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Arizona

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Hayden area (part of Gila and Pinal Counties) has been designated as nonattainment for the 2008 lead NAAQS, effective October 3, 2014. In addition, the Phoenix-Mesa (part of Maricopa County) and Apache Junction (part of Pinal County) areas were redesignated as attainment for the 1997 8-hour ozone standard effective October 17, 2014. EPA has also identified the initial classification of current 2006 PM2.5 NAAQS nonattainment areas in Arizona as “moderate” (40 CFR 81.303).

Arkansas

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Arkansas State Board of Licensure for Professional Engineers and Professional Surveyors. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Wastewater—Process Wastewater Discharges: Information on Arkansas’ general wastewater discharge permits was reviewed and updated (APC&EC Reg. 9.404).

Wastewater—Storm Water Discharges: Information on Arkansas’ general storm water discharge permits was reviewed and updated (APC&EC Reg. 9.404).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has established air quality designations for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS), and Fresno, Imperial (part), Kern (part), Kings, Los Angeles (part), Madera, Merced, Orange, Plumas (part), Riverside, San Bernardino (part), San Joaquin, Stanislaus, and Tulare Counties have been designated as moderate nonattainment. Also, EPA has identified the initial classification of all current 1997 and 2006 PM2.5 NAAQS nonattainment areas in California as “moderate” (40 CFR 81.305).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: California has made multiple small changes that impact the numbering of the definitions in the regulations for spill prevention and response planning (14 CCR 790).

Colorado

Air Quality—New Source Performance Standards: EPA issued a final rule that authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to Colorado. The rule updates the delegation status and replaces the EPA Region 8 delegation table in 40 CFR 60.4(c) with a website to inform the public of current NSPS delegations to Region 8 states (79 FR 60993).

Operator Certification—Applicability and Definitions: Colorado changed the definition of “domestic wastewater treatment facility” to match the statutory definition (5 CCR 1003-2, Section 100.2).



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Operator Certification—Classification of Wastewater Systems: Colorado has combined storm water permitted facilities with other facilities discharging under listed general industrial permits, requiring these facilities to meet the conditions for classification as Class 2 industrial facilities. Class 2 industrial wastewater treatment facilities are exempt from the requirement to operate under the supervision of a certified operator in responsible charge (5 CCR 1003-2, Sections 100.6.1(a) and 100.6.1(b)(i)(B)).

Operator Certification—Classification of Operators: Colorado has made Class S certification only available to certified operators in responsible charge (5 CCR 1003-2, Section 100.18.5(e)).

Operator Certification—Certification and Renewal: The requirement for every wastewater treatment facility and wastewater collection system to be operated by a certified operator has been revised to require operation under a certified operator in responsible charge. The state has also expanded the list of certifying authorities for applicants seeking to obtain a certificate by reciprocity and has added provisions concerning the renewal process for operators absent due to military service (5 CCR 1003-2, Sections 100.13.2(e), 100.13.5, and 100.18.5(d)).

Operator Certification—Operator Duties and Responsibilities: The duties of certified operators, certified operators in responsible charge, and owners of wastewater facilities have been amended (5 CCR 1003-2, Sections 100.15.4, 100.16, and 100.18.4).

Underground Storage Tanks—Release Response and Corrective Action: The Division of Oil and Public Safety has amended regulations concerning responses to confirmed releases, site characterization, monitoring and reporting programs, corrective action, and no further action requests (7 CCR 1101-14, Article 5).

Delaware

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has identified the initial classification of the current 1997 PM2.5 NAAQS nonattainment area as “moderate” (40 CFR 81.308).

Solid Wastes—Solid Waste Recycling: Delaware has adopted a universal recycling law that requires all commercial businesses to take part in a comprehensive recycling program (7 Del. C. 6053).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has identified the initial classification of the current 1997 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.311).

Operator Certification—Applicability and Definitions: Operators of all permitted industrial wastewater treatment plants must be licensed (No Citation).

Idaho

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has established air quality designations for the 2012 PM2.5 National Ambient Air Quality Standard (NAAQS), and part of Shoshone County has been designated as nonattainment. Also, EPA has identified the initial classification of the current 2006 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.313).



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Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has identified the initial classification of current 1997 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.314).

Solid Wastes—Electronic Wastes: Information on the Electronic Products Recycling and Reuse Act has been added. This Act establishes the procedures for the recycling and processing for reuse of covered electronic devices in Illinois, introduces a landfill ban on electronic wastes, and institutes requirements for manufacturers, recyclers, and refurbishers (415 ILCS 150).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has established air quality designations for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS) for Indiana, and Clark and Floyd Counties have been designated as nonattainment. Also, EPA has identified the initial classification of current 1997 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.315).

Solid Wastes—Solid Waste Landfills: Indiana has added an exemption for state and federal landfills from the need to demonstrate financial insurance (329 IAC 10-39).

Underground Storage Tanks—General Operating Requirements: The Indiana Department of Environmental Management (IDEM) has revised its delivery prohibition requirements to require the owner or operator of a red-tagged UST to notify any person who has delivered, or is scheduled to deliver, a regulated substance to the UST of the delivery prohibition (329 IAC 9-4.5-8(b)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Effective December 25, 2014, IDEM has deleted the requirement that a red-tagged UST be closed if it is out of compliance for more than six months (No Citation).

Iowa

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Iowa Engineering and Land Surveying Examining Board. The Board does not require SPCC Plans for qualified facilities to be certified by a PE (No Citation).

Wastewater—Process Wastewater Discharges: Information on Iowa’s general wastewater discharge permits was reviewed and updated (567 IAC 64.15).

Wastewater—Storm Water Discharges: Information on Iowa’s general storm water discharge permits was reviewed and updated (567 IAC 64.15).

Wastewater—Discharges to POTWs: Iowa has updated the regulations for persons discharging to publicly owned treatment works (POTW) to reflect changes to requirements for significant industrial users, formerly referred to as major contributing industries (567 IAC 64.3).



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Wastewater—Discharges to Underground Injection Wells: Information on Iowa’s regulations for underground injection wells has been updated (567 IAC 62.9).

Kansas

Wastewater—Process Wastewater Discharges: Information on Kansas’ general wastewater discharge permits was reviewed and updated (KAR 28-16-150 and KAR 28-16-154).

Wastewater—Storm Water Discharges: Information on Kansas’ general storm water discharge permits was reviewed and updated (http://www.kdheks.gov/stormwater/index.html#indust).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has established air quality designations for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS) for Kentucky, and the Cincinnati-Hamilton and Louisville areas have been designated as nonattainment. Also, EPA has identified the initial classification of current 1997 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.318).

Louisiana

Wastewater—Process Wastewater Discharges: Information on Louisiana’s general wastewater discharge permits was reviewed and updated (LAC 33:IX.2515).

Wastewater—Storm Water Discharges: Information on Louisiana’s general storm water discharge permits was reviewed and updated (LAC 33:IX.2515).

Wastewater—Discharges to POTWs: Citation updates and other minor changes were made to the state’s regulations for discharges to publicly owned treatment works (LAC 33:IX.6101 – 6135).

Maryland

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Washington, DC area (Charles, Frederick, Montgomery, and Prince George’s Counties) was redesignated to attainment for the annual PM2.5 standard effective October 6, 2014. Also, EPA has identified the initial classification of current 1997 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.321).

Missouri




http://www.kdheks.gov/stormwater/index.html#indust

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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects. The Board requires PE certification for all SPCC Plans prepared for a facility located in Missouri, excluding SPCC Plans prepared by federal employees for federal properties (http://pr.mo.gov/apelsla-preparation.asp).

Wastewater—Process Wastewater Discharges: Information on Missouri’s general wastewater discharge permits was reviewed and updated (10 CSR 20-6.010).

Wastewater—Storm Water Discharges: Information on Missouri’s general storm water discharge permits was reviewed and updated (10 CSR 20-6.200).

Mississippi

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Mississippi Board of Licensure for Professional Engineers and Surveyors. The Board does not require PE certification for SPCC Plans for qualified facilities (No Citation).

Montana


Air Quality—Hazardous Air Pollutants: Montana’s incorporation by reference of federal MACT emissions standards for hazardous air pollutants in 40 CFR 63 has been updated (ARM 17.8.102).

Air Quality—New Source Performance Standards: EPA issued a final rule that authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to Montana. The rule updates the delegation status and replaces the EPA Region 8 delegation table in 40 CFR 60.4(c) with a website to inform the public of current NSPS delegations to Region 8 states (79 FR 60993).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Montana Board of Professional Engineers and Professional Land Surveyors. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Nebraska

Wastewater—Process Wastewater Discharges: Information on Nebraska’s general wastewater discharge permits was reviewed and updated (119 NAC 25-001).

Wastewater—Storm Water Discharges: Information on Nebraska’s general storm water discharge permits was reviewed and updated (119 NAC 25-001.02A).



http://pr.mo.gov/apelsla-preparation.asp

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Nevada

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Clark County (Las Vegas area) was redesignated as attainment for the PM10 National Ambient Air Quality Standard (NAAQ) effective November 5, 2014 (40 CFR 81.329).

Air Quality—New Source Performance Standards: The state’s incorporation by reference of federal New Source Performance Standards has been updated (NAC 445B.221(6)).

New Hampshire

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the New Hampshire Joint Board of Licensure and Certification. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Solid Wastes—Overall Solid Waste Management Requirements: New Hampshire has updated the solid waste facility permitting regulations to add the framework for a general permit. Currently there are no sector-based general permits, but these will be established in future rulemakings. In addition, the list of facility types eligible for permit-by-notification has been updated and the requirements for solid waste facility operator training and certification have been revised. Lastly, publicly owned non-landfill facilities and facilities having coverage under solid waste management districts have been excluded from financial assurance requirements (Env-Sw 302.02 – 302.04).

Solid Wastes—Solid Waste Landfills: New Hampshire has revised the list of wastes that are prohibited from landfill disposal in New Hampshire (Env-Sw 806.12).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: New Hampshire has revised the requirements relating to the transfer of putrescible solid waste received by a collection, storage, and transfer facility (Env-Sw 405.0).

Solid Wastes—Asbestos Wastes: New Hampshire has added a rule that allows asbestos abatement entities holding a current license issued pursuant to Env-A 1810 to be eligible for a permit-by-notification to establish and operate a facility for receiving and storing asbestos waste, provided certain requirements are met (Env-Sw 407.06).

Solid Wastes—Petroleum-Contaminated Soils: New Hampshire has revised the rules for managing soils with contamination to remove absorbent media from these regulations (Env-Sw 903).

Solid Wastes—Other Solid Wastes: New Hampshire has added rules for distributing and using wood ash for agricultural land application (Env-Sw 1700).

New Mexico

Wastewater—Process Wastewater Discharges: Information on New Mexico’s general wastewater discharge permits was reviewed and updated (NMAC 20.6.2).



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Wastewater—Storm Water Discharges: Information on New Mexico’s general storm water discharge permits was reviewed and updated (http://www.epa.gov/region6/water/npdes/sw/sms4/index.htm).

New York

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The New York–Northern New Jersey–Long Island area (Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk, and Westchester Counties) has been redesignated as attainment for both the PM2.5 1997 annual standard and the PM2.5 2006 24-hour standard, effective April 18, 2014 (40 CFR 81.333).

North Dakota

Air Quality—New Source Performance Standards: EPA issued a final rule that authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to North Dakota. The rule updates the delegation status and replaces the EPA Region 8 delegation table in 40 CFR 60.4(c) with a website to inform the public of current NSPS delegations to Region 8 states (79 FR 60993).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the North Dakota State Board of Registration for Professional Engineers and Land Surveyors. The Board requires PE certification for all SPCC Plans prepared for facilities located in North Dakota, including qualified facilities (No Citation).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has established air quality designations for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS) for Ohio, and the Canton-Massillon, Cincinnati-Hamilton, and Cleveland areas as nonattainment (40 CFR 81.336).

Drinking Water—Permitting Requirements: Ohio EPA made minor revisions to its permitting regulations, including revising the name of the license issued to PWS to a “license to operate” (OAC 3745-84-04).

Oklahoma

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors. The Board requires PE certification for all SPCC Plans prepared for facilities located in Oklahoma, including qualified facilities (No Citation).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Oklahoma has amended its regulations for emergency backup generators and the eligibility requirements to receive reimbursement from the Indemnity Fund for costs incurred as the result of an eligible release (OAC 126:26-16 and OAC 165:27-5-1).



http://www.epa.gov/region6/water/npdes/sw/sms4/index.htm

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Solid Wastes—Solid Waste Recycling: Roofing material recycling facilities must now submit a monthly report to DEQ no later than the 10th of each month (OAC 252:515-41-13).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The Oklahoma Corporation Commission (OCC) has amended the dispenser and tank sump requirements, piping standards, and the notification and reporting requirements for new tanks (OAC 165:25-1-42 and OAC 165:25-2-55.1).

Underground Storage Tanks—Financial Responsibility: OCC has amended its financial responsibility regulations to allow for the use of a securities pledge, cash, or cash equivalent pledge as a mechanism to satisfy financial responsibility requirements (OAC 165:25-2-4(a)).

Underground Storage Tanks—Certification: OCC has added qualifications for all personnel performing tank and line testing and cathodic protection system testing (OAC 165:25-1-48(e) and OAC 165:25-2-53(d)).

Wastewater—Process Wastewater Discharges: Information on Oklahoma’s general wastewater discharge permits was reviewed and updated (27A O.S. § 2-14-305).

Wastewater—Storm Water Discharges: Information on Oklahoma’s general storm water discharge permits was reviewed and updated (OAC 252:606-5-5).

Oregon

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has identified the initial classification of Oregon’s current 2006 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.338).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Oregon State Board of Examiners for Engineering and Land Surveying. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (http://www.oregon.gov/Osbeels/docs/Committees/PPC/Minutes/201410_PPC_minutes.pdf).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has established air quality designations for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS) for Pennsylvania, and the Allegheny, Cambria, Delaware, Indiana, Lebanon, Lehigh, and Northampton Counties have been designated as nonattainment. Also, EPA has identified the initial classification of current 1997 and 2006 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.339).

Puerto Rico

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Puerto Rico Board of Examiners of Engineers and Land Surveyors. The Board does not require PE certification for SPCC Plans for qualified facilities (No Citation).



http://www.oregon.gov/Osbeels/docs/Committees/PPC/Minutes/201410_PPC_minutes.pdf

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South Carolina

Air Quality—Hazardous Air Pollutants: A citation has been corrected and information relating to an alternative requirement for 40 CFR 63 Subpart S has been revised to indicate that it applies just to a specific facility (40 CFR 63.99(a)(41)(ii)).

Air Quality—New Source Performance Standards: The state’s incorporation by reference of federal New Source Performance Standards has been updated (R.61-62.60).

South Dakota

Air Quality—New Source Performance Standards: EPA issued a final rule that authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to South Dakota. The rule updates the delegation status and replaces the EPA Region 8 delegation table in 40 CFR 60.4(c) with a website to inform the public of current NSPS delegations to Region 8 states (79 FR 60993).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has identified the initial classification of current 1997 and 2006 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.343).

Hazardous Wastes—Waste Classification: The waste classification rules have been updated to revise the process for evaluating management of trivalent chromium waste and to change the record retention period for persons claiming an exemption for F019 listed wastes (wastewater treatment sludges from manufacturing of motor vehicles using a zinc phosphating process) from five years to three, so that the state now matches the federal requirement (Rule 0400-12-01-.02).

Hazardous Wastes—Hazardous Waste Transporters: The requirements for transfer facility operating logs have been revised to require that the log be maintained for three years instead of five and to specify the information that must be included in the log (Rule 0400-12-01-.04(3)(c)(2)).

Hazardous Wastes—Universal Wastes: Details have been added on the permit-by-rule requirements for the owner or operator of a controlled crusher system used explicitly for the crushing of universal waste lamps for volume reduction. In addition, the satellite accumulation standards for handlers of universal waste have been removed (Rule 0400-12-01-.07(1)(c) and Rule 0400-12-01-.12(2)(f) and 0400-12-01-.12(3)(f)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Tennessee Board of Architectural and Engineering Examiners. The Board does not require PE certification for SPCC Plans for qualified facilities (www.tn.gov/regboards/ae/documents/SpillPreventionControlandCountermeasurePlans.pdf).

Texas

Wastewater—Process Wastewater Discharges: Information on Texas’ general wastewater discharge permits was reviewed and updated (30 TAC 205.2).



http://www.tn.gov/regboards/ae/documents/SpillPreventionControlandCountermeasurePlans.pdf

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Wastewater—Storm Water Discharges: Information on Texas’ general storm water discharge permits was reviewed and updated (30 TAC 205.2).

Utah


Air Quality—New Source Performance Standards: EPA issued a final rule that authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to Utah. The rule updates the delegation status and replaces the EPA Region 8 delegation table in 40 CFR 60.4(c) with a website to inform the public of current NSPS delegations to Region 8 states (79 FR 60993).

Air Quality—Hazardous Air Pollutants: Utah’s incorporation by reference of federal MACT emissions standards for hazardous air pollutants in 40 CFR 63 has been updated (R307-214).

Hazardous Wastes—Used Oil: Utah has made a number of revisions to its used oil regulations, affecting requirements for generators, collection centers, transporters, transfer facilities, burners processors/re-refiners, and marketers (R315-15).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Utah Division of Occupational and Professional Licensing (DOPL). DOPL requires PE certification for an SPCC Plan if the work required to prepare the SPCC Plan meets the definition of “professional engineering or the practice of engineering,” as defined at 58-22-102(9) (No Citation).

Operator Certification (All Subsections): In addition to the changes shown below, the state has made multiple small changes that impact the numbering of many regulations (R317-10).

Operator Certification—Applicability and Definitions: The definition of “onsite wastewater system” has been revised to provide the citation (R317-10-2).

Operator Certification—Classification of Operators: The state has removed language specifically offering “oral exams” as part of the application process (R317-10-10).

Operator Certification—Certification and Renewal: Utah has amended the provisions for grandfather certificates (R317-10-11(H)).

Operator Certification—Operator Duties and Responsibilities: The duties of owners to appoint a chief operator in direct responsible charge (DRC) have been amended to include 10-day notification to DEQ for chief operators in direct responsible charge who are unable to perform those duties (R317-10-5(B)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The conditions under which DEQ issues a Certificate of Registration have been added (R311-203-4(d)).



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Underground Storage Tanks—General Operating Requirements: Effective October 10, 2014, the state has amended the rule for Class B operators to allow certified UST testers to become third-party Class B operators if they meet all other training and registration requirements. The state also requires a fuel emergency shutoff device for unattended facilities to be in a readily accessible location and has added delivery prohibition requirements (R311-201-12 and R311-206-8(d)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Beginning October 10, 2014, all USTs closed by removal must be labeled with specified wording (R311-204-3(a))

Underground Storage Tanks—Financial Responsibility: Financial responsibility requirements have been expanded, and the conditions under which a Certificate of Compliance is issued have been added (R311-206-3 – R311-206-5).

Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Washington DC–Maryland–Virginia area was redesignated as attainment for the annual PM2.5 standard effective October 6, 2014 (40 CFR 81.347).

Air Quality—Hazardous Air Pollutants: Virginia’s incorporation by reference of federal MACT emissions standards for hazardous air pollutants in 40 CFR 63 has been updated (9 VAC 5-60-100).

Air Quality—New Source Performance Standards: Virginia’s incorporation by reference of the federal New Source Performance Standards in 40 CFR 60 has been updated (9 VAC 5-50-400).

Washington


Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Washington Board of Registration for Professional Engineers and Land Surveyors. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

West Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has identified the initial classification of current 1997 and 2006 PM2.5 NAAQS nonattainment areas as “moderate” (40 CFR 81.349).

Air Quality—Hazardous Air Pollutants: West Virginia’s incorporation by reference of federal MACT emissions standards for hazardous air pollutants in 40 CFR 63 has been updated (45 CSR 34-4).



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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Level 1, 2, and 3 ASTs were required to comply with Spill Prevention Response Plan (SPRP) requirements by December 3, 2014 (47 CSR 62-4). In addition, a professional engineer (PE) who certifies an SPCC Plan must be licensed by the West Virginia State Board of Registration for Professional Engineers (Board). The Board requires PE certification for an SPCC Plan if the work required to prepare the SPCC Plan meets the definition of engineering work (No Citation).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Level 1, 2, and 3 ASTs were required to complete initial inspection and certification requirements by January 1, 2015 (47 CSR 62-3).

Wisconsin

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Wisconsin Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Professional Land Surveyors. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Wyoming

Air Quality—New Source Performance Standards: EPA issued a final rule that authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to Wyoming. The rule updates the delegation status and replaces the EPA Region 8 delegation table in 40 CFR 60.4(c) with a website to inform the public of current NSPS delegations to Region 8 states (79 FR 60993).

related STP publications Environmental Auditing: Federal Air Quality MACT Standards for

Inorganic Chemical Manufacturing provides audit checklists for the air quality management rules in 40 CFR Part 63, covering generic MACT standards, hydrochloric acid production and chemical preparations manufacturing standards. Available format: online.

Environmental Auditing: Federal Air Quality MACT Standards for Site Remediation provides audit checklists for the air quality management rules in 40 CFR Part 63.7882 specific to each new, reconstructed, or existing “affected source” for site remediation. Affected sources include process vents, remediation material management units, and equipment leaks. Available format: online.







http://www.stpub.com/environmental-auditing-federal-air-quality-mact-standards-for-inorganic-chemical-manufacturing

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new & noteworthy


Wastewater: Information on the general wastewater discharge permits (including general storm water permits) was reviewed and updated for EPA Region 3 states (Delaware, Maryland, Pennsylvania, Virginia, and West Virginia) and for EPA Region 5 states (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin).

The Operator Certification section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook A, “Process Wastewater Discharges” and Rulebook B, “Discharges to Publicly Owned Treatment Works (POTWs) and to Private Treatment Works” of the Wastewater module in Environmental Auditing: Federal Compliance Guide.

As a result of adding a full topic section on Operator Certification to the State Regulatory Differences Checklists, the general discussion of operator certification has been eliminated in the Wastewater section for the following states: Delaware, Georgia, Hawaii, Idaho, Illinois, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Puerto Rico, and Virginia. For Checklist users, the operator certification coverage will be in the same place, just more extensive than before. For Guide users, all operator certification coverage is now found in the Operator Certification section.



R E L E A S E 13 4 – N O V E M B E R 2 0 1 4



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Alabama

Underground Storage Tanks—General Operating Requirements: The state has revised its requirements for delivery prohibition, reporting, recordkeeping, spill catchment basins, and containment sumps (335-6-15-.45, 335-6-15-.13, and 335-6-15-.09).

Underground Storage Tanks—Release Detection: The requirements for manual tank gauging have been amended (336-6-15-.17).

Underground Storage Tanks—Closure and Out-of-Service USTs: When a release is suspected or confirmed from a temporarily closed UST, the UST must be immediately emptied. Within 90 days, the UST must be either repaired or, if it might release regulated substances, permanently closed (335-6-15-.33).

Underground Storage Tanks—Certification: The state requires that individuals who are line tightness testers be certified and has revised the certification requirements for persons with supervisory control for installation, closure, and repair of UST systems (335-6-15-.18, 335-6-15-.06, 335-6-15-.12, 335-6-15-.34, 335-6-15-.47).

Alaska

Air Quality—Hazardous Air Pollutants: Information on Alaska’s adoption of certain subparts of 40 CFR 61 and 40 CFR 63 (NESHAPs) has been added (18 AAC 50.040(b) and 50.040(c)).

Air Quality—New Source Performance Standards: Information on Alaska’s adoption of certain subparts of 40 CFR 60 (NSPS) has been added (18 AAC 50.040(a)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Alaska is extending its approval of Oil Discharge Prevention and Contingency Plans and Nontank Vessel Plans for up to 5 years unless ADEQ specifies a shorter term in its approval letter (18 AAC 75.456 and 18 AAC 75.460).

Arkansas

Air Quality (All Subsections): References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.

Air Quality—Air Quality Permitting and Management: Arkansas has revised its permitting rule to update the permitting thresholds for minor source permits and the lists of sources and categories that are specifically required to obtain a permit (APC&EC Reg. 18.301).



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Air Quality—Hazardous Air Pollutants: Citations in the state’s asbestos regulations have been updated (APC&EC Reg. 21).

Hazardous Wastes (All Subsections): References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.

Solid Wastes (All Subsections): References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.

Oil Spill Prevention and Aboveground Storage Tanks (All Subsections): The Arkansas Department of Environmental Quality (ADEQ) has changed the name of the storage tank regulation from ADEQ Reg. 12 to APC&EC Reg 12.

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: ADEQ has added additional tanks to the list of ASTs that are exempt from registration. It has provided a means for an owner or operator to transfer the eligibility for reimbursement of corrective action or the eligibility for payment of third-party claims to a subsequent owner or operator (APC&EC Reg. 12.320, APC&EC Reg. 12.417, and APC&EC Reg. 12.201).

Operator Certification (All Subsections): References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.

Operator Certification—Applicability and Definitions: Operators of industrial wastewater pretreatment plants discharging to Publicly Owned Treatment Works (POTWs) must be licensed (Personal Communication).

Pesticides—Container Management: References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.

Underground Storage Tanks (All Subsections): ADEQ has changed the name of the storage tank regulation from ADEQ Reg. 12 to APC&EC Reg 12.

Underground Storage Tanks—Design, Construction, Installation, and Registration: Effective July 14, 2014, USTs that contain de minimis concentrations of a regulated substance are exempt from registration (APC&EC Reg. 12.201).

Underground Storage Tanks—Financial Responsibility: ADEQ has provided a means for an owner or operator to transfer the eligibility for reimbursement of corrective action or the eligibility for payment of third-party claims to a subsequent owner or operator (APC&EC Reg. 12.320 and APC&EC Reg. 12.417).

Wastewater (All Subsections): References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.

Wetlands: References to environmental regulations have been changed from ADEQ Regs. to APC&EC Regs.



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Arizona

Hazardous Materials—Reporting of Chemical Inventories: Beginning in 2015, facilities must pay Tier II filing fees (ARS 26-343; see also https://www.azserc.org/Default.aspx).

Colorado

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Colorado has removed the financial test and corporate guarantee from the allowable mechanisms for demonstrating financial assurance for closure and/or post-closure costs and for liability coverage (6 CCR 1007-3, Sections 266.14 and 266.16).

Connecticut

Operator Certification—Applicability and Definitions: Operators of industrial wastewater treatment plants discharging to Publicly Owned Treatment Works (POTWs) must be licensed (Personal Communication).

Delaware

Wastewater—Process Wastewater Discharges: Information on Delaware’s general wastewater discharge permits was reviewed and updated (7 Admin Code 7201).

Wastewater—Storm Water Discharges: Information on Delaware’s general storm water discharge permits was reviewed and updated (7 Admin Code 7201).

Wastewater— Discharges to Underground Injection Wells: Information on Delaware’s underground injection control program has been updated (7 Admin Code 7102).

Florida

Operator Certification—Applicability and Definitions: Operators of industrial wastewater treatment plants must be licensed (Personal Communication).

Underground Storage Tanks—Applicability and Scope: The applicability of the UST rules has been updated and the definition of “facilities” has been added (FAC 62-761.200 and FAC 62-761.300).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Effective August 14, 2014, UST facilities whose registration placard has been revoked by FDEP must follow certain procedures to receive registration placards (FAC 62-761.400(4)).

Underground Storage Tanks—General Operating Requirements: The state added a delivery prohibition requirement effective August 14, 2014. It has also added recordkeeping and posting requirements that apply to UST facilities that must have certified operators (FAC 62-761.350 and FAC 62-761.400).

Underground Storage Tanks—Certification: Florida has added training deadlines and requirements for Class A, B, and C operators that will take effect August 7, 2015 (FAC 62-761.350, 62-761.350, and 62-761.350).



https://www.azserc.org/Default.aspx

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Georgia

Operator Certification—Applicability and Definitions: Operators of all permitted industrial wastewater treatment plants must be licensed (Personal Communication).

Hawaii

Underground Storage Tanks—Applicability and Scope: Key definitions and applicability requirements have been added (HAR 11-281 Subchapter 1).

Underground Storage Tanks—Design, Construction, Installation, and Registration: USTs, piping, dispensers, and UST systems installed on or after August 9, 2013, must have secondary containment. Requirements for notification, permits, variances, and spill and overfill equipment relying on alarms have been revised (HAR 11-281-17, HAR 11-281-19, HAR 11-281-21.5, HAR 11-281-23 – 11-281-35).

Underground Storage Tanks—General Operating Requirements: Recordkeeping, spill and overfill prevention, repair, and notification and recordkeeping requirements for Class A and B operators have been added (HAR 11-281-41, HAR 11-281-44 – HAR 11-281-46).

Underground Storage Tanks—Release Detection: Requirements for interstitial monitoring, manual tank gauging, inventory control, closing or making a change in service to a UST or UST system that cannot comply with release detection requirements have been added. In addition, state requirements for technicians who service and maintain release detection equipment have been included (HAR 11-281-51 and HAR 11-281-52).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Hawaii’s suspected release investigation requirement allows for an interstitial integrity test to be performed in the space between the tank or piping walls in lieu of tank and/or line tightness testing (HAR 11-281-63 and HAR 11-281-64).

Underground Storage Tanks—Release Response and Corrective Action: Hawaii has updated its requirements for release response and corrective action (HAR 11-281-72 – 11-281-78.1, and HAR 11-281-80.1).

Underground Storage Tanks—Closure and Out-of-Service USTs: Hawaii has updated its requirements for temporary closure, permanent closure, and change-in-service (HAR 11-281-81, HAR 11-281-82, and HAR 11-281-84).

Underground Storage Tanks—Financial Responsibility: Hawaii’s allowable mechanisms to demonstrate financial responsibility do not include a state-required mechanism, state fund, or other state assurance program (No Citation).

Underground Storage Tanks—Certification: Training deadlines and requirements for Class A, B, and C operators have been added (HAR 11-281-46).

Idaho

Air Quality— New Source Performance Standards: Idaho has been delegated authority to implement the New Source Performance Standards program (IDAPA 58.01.01.107(03)).



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Illinois

Wastewater —Process Wastewater Discharges: Information on Illinois’ general wastewater discharge permits was reviewed and updated (35 IAC 309.101 – 309.191).

Wastewater —Storm Water Discharges: Information on Illinois’ general storm water discharge permits was reviewed and updated (35 IAC 309.101 – 309.191).

Indiana

Operator Certification—Applicability and Definitions: Operators must be certified any time wastewater is treated, regardless of the type of facility or discharge (http://www.in.gov/idem/5920.htm).

Wastewater —Process Wastewater Discharges: Information on Indiana’s general wastewater discharge permits was reviewed and updated. In addition, Indiana repealed the regulations for Concentrated Animal Feeding Operations (CAFOs) in 327 IAC 15-15 and replaced them with new rules in 327 IAC 15-16 (327 IAC 15).

Wastewater —Storm Water Discharges: Information on Indiana’s general storm water discharge permits was reviewed and updated (327 IAC 15).

Iowa

Hazardous Materials—Reporting of Chemical Inventories: The Iowa Department of Natural Resources (IDNR) encourages facilities to use Iowa Tier II Online system to submit reports (http://www.iowadnr.gov/InsideDNR/RegulatoryLand/EmergencyPlanningEPCRA/ChemicalInventoryReporting.aspx).

Kansas

Operator Certification—Applicability and Definitions: The facility’s wastewater discharge permit will specify which operators of industrial wastewater treatment facilities must be certified (Personal Communication).

Kentucky

Operator Certification—Applicability and Definitions: Certification does not apply to the operators of wastewater treatment plants that treat only industrial wastewater (Personal Communication).

Louisiana

Solid Waste—Overall Solid Waste Management Requirements: Louisiana has made a minor change to the requirements related to emergency response plans that must be submitted as part of the solid waste permit application process, resulting in a citation change (LAC 33:VII.513).

Solid Waste—Solid Waste Recycling: Louisiana has made a minor change to the requirements related to speculative accumulation of recyclable materials to clarify that LDEQ may approve storage of the recyclable material for a period exceeding one year (LAC 33:VII.10313).



http://www.iowadnr.gov/InsideDNR/RegulatoryLand/EmergencyPlanningEPCRA/ChemicalInventoryReporting.aspx

http://www.in.gov/idem/5920.htm

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Maine

Operator Certification—Applicability and Definitions: Certification does not apply to the operators of wastewater pretreatment facilities (Personal Communication).

Solid Waste—Overall Solid Waste Management Requirements: All laboratory analyses required in support of the licensing, operation, closure, post-closure, assessment, or remediation of a solid waste facility or activity must be performed by a laboratory certified by the state (06-096 CMR 405.1(D)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The state has updated its requirements for USTs containing heating oil and for process oil storage facilities. The state has also amended the requirements for USTs used to store motor fuels to include those used in marketing motor fuels (06-096 CMR 691.5 and 06-096 CMR 691.6).

Underground Storage Tanks—General Operating Requirements: The requirement to annually inspect oil UST facilities has been added, along with clarification that operator certification requirements apply to underground oil and hazardous substance facilities (06-096 CMR 691.5).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: The state reporting requirement for actual oil leaks and discharges has been amended to identify who is responsible for reporting and the time frame for reporting (06-096 CMR 691.12).

Underground Storage Tanks—Release Response and Corrective Action: As part of a leak investigation, the state requires an initial public exposure assessment to be performed that includes the identification and sampling of nearby drinking water supplies (06-096 CMR 691.11).

Underground Storage Tanks—Closure and Out-of-Service USTs: The state has amended its regulations to require compliance with additional requirements when an oil UST is temporarily out-of-service from 3 to 24 months (06-096 CMR 691.11).

Maryland

Operator Certification—Applicability and Definitions: The definition of “wastewater works” has been amended to explain that wastewater treatment plants are a portion of a wastewater works (COMAR 26.06.01.01).

Operator Certification—Classification of Wastewater Systems: Operators of industrial pretreatment plants are only subject to certification if the industrial pretreatment plant has been classified as a significant industrial user (COMAR 26.06.01.03).

Operator Certification—Operator Duties and Responsibilities: The text has been amended to clarify that individuals who are certified as an industrial wastewater works operator include both operators of industrial pretreatment plants and industrial wastewater works operators (COMAR 26.06.01.05).



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Wastewater —Process Wastewater Discharges: Information on Maryland’s general wastewater discharge permits was reviewed and updated (COMAR 26.08.04.09).

Wastewater —Storm Water Discharges: Information on Maryland’s general storm water discharge permits was reviewed and updated (COMAR 26.08.04.09).

Massachusetts

Operator Certification—Applicability and Definitions: The Department of Environmental Protection (DEP) requires that the operators of industrial pretreatment facilities must be certified (257 CMR 2.03).

Solid Waste—Overall Solid Waste Management Requirements: Massachusetts now requires that certain solid waste management facilities (including active and closed landfills; handling facilities; combustion facilities; and other solid waste activities or facilities, as determined by DEP) must have third-party inspections conducted at the facility. Permitting requirements have been revised, and a permit is now required for expansion or modification. In addition, changes were made to the required certifications for transfer stations (310 CMR 19.018 and 310 CMR 19.028).

Solid Waste—Solid Waste Transfer Facilities and Transporters: Massachusetts has made changes to the permitting process for solid waste transfer stations (310 CMR 19.035).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: The term “infectious waste” has been removed from the state’s solid waste rules and has been replaced by the term “medical or biological waste” so that the same terminology is used in both the special waste rules and in the medical or biological waste rules under 105 CMR 480.000. Minor changes were also made to the certification requirements (310 CMR 19.061).

Solid Waste—Asbestos Wastes: Massachusetts has made minor changes to the special waste requirements for asbestos waste (310 CMR 19.061).

Solid Wastes—Other Solid Wastes: Massachusetts has made minor changes to the special waste requirements, including revisions to the requirements for the management of sludges. In addition, the list of solid wastes that are prohibited from transfer and disposal has been expanded to include commercial organic material (food material and vegetative material from any entity that generates more than one ton of those materials for solid waste disposal per week, excluding residences) (310 CMR 19.061).

Michigan

Solid Waste—Overall Solid Waste Management Requirements: Michigan has rescinded the rules that establish criteria for classifying solid waste as low-hazard industrial waste (R 299.4122).

Solid Waste—Petroleum-Contaminated Soils: Petroleum-contaminated soils burned in a thermal treatment unit are no longer considered low-hazard industrial waste because the state has rescinded the rules that establish criteria for classifying solid waste as low-hazard industrial waste. Michigan has also clarified that contaminated soil or other



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waste that is generated from the remediation of environmental contamination and that is disposed of at the site of environmental contamination or at other property that is owned by the responsible party under an approved remedial action plan is exempt from regulation (R 299.4110 and R 299.4122).

Solid Wastes—Other Solid Wastes: Michigan has rescinded the rules that establish requirements for coal ash used to reclaim, develop, or enhance land. The state has also rescinded rules regarding the use of inert materials on land (R 299.4113 and R 299.4114).

Wastewater—Process Wastewater Discharges: Information on Michigan’s general wastewater discharge permits was reviewed and updated. In addition, the state’s water quality trading program regulations, which allowed credits to be generated and traded among and between point and nonpoint sources, have been rescinded (R 323.2106).

Wastewater—Storm Water Discharges: Information on Michigan’s general storm water discharge permits was reviewed and updated (R 323.2190 – R 323.2192).

Minnesota

Wastewater —Process Wastewater Discharges: Information on Minnesota’s general wastewater discharge permits was reviewed and updated (7001.1000 – 7001.1100).

Wastewater—Storm Water Discharges: Information on Minnesota’s general storm water discharge permits was reviewed and updated (7090.0010 – 7090.3080).

Wastewater —Discharges to POTWs: The Minnesota Pollution Control Agency has issued state pretreatment regulations in Minnesota Rules 7049.

Nebraska

Solid Waste—Solid Waste Landfills: Nebraska has revised the definition of industrial solid waste to reflect the fact that steel slag is excluded from regulation (132 NAC 1.051).

North Carolina

Operator Certification—Applicability and Definitions: Certification does not apply to the operators of industrial wastewater treatment facilities (Personal Communication).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Bellefontaine area (part of Logan County) was redesignated as attainment for the 2008 lead NAAQS effective July 28, 2014 (40 CFR 81.336).

Drinking Water—Permitting Requirements: Ohio EPA has made minor revisions to its permitting regulations, including changing the name of the license issued to public waste systems to a “license to operate” (OAC 3745-84-04).

Operator Certification—Applicability and Definitions: Operator certification requirements apply to pretreatment plant operators when the state inserts a permit requirement requiring certification (Personal Communication).



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Wastewater—Process Wastewater Discharges: Information on Ohio’s general wastewater discharge permits was reviewed and updated (OAC 3745-38-02).

Wastewater—Storm Water Discharges: Information on Ohio’s general storm water discharge permits was reviewed and updated (OAC 3745-38-03).

Oklahoma

Operator Certification—Classification of Wastewater Systems: The Department of Environmental Quality has clarified that a wastewater works only needs to meet one of the conditions for a particular classification level in order to fall under that classification (OAC 252:710 Appendix A).

Oregon

Operator Certification—Applicability and Definitions: Certification does not apply to the operators of industrial wastewater treatment facilities (Personal Communication).

Pennsylvania

Operator Certification—Certification and Renewal: Grandparented operator certificates apply to the operators of satellite wastewater collection systems containing a pump station or single entity wastewater collection systems that were granted a grandparented certificate by the State Board for Certification of Water and Wastewater System Operators (25 Pa. Code 302.1005).

Wastewater—Process Wastewater Discharges: Information on Pennsylvania’s general wastewater discharge permits was reviewed and updated (25 Pa. Code 92a.54 and 25 Pa. Code 91.38).

Wastewater—Storm Water Discharges: Information on Pennsylvania’s general storm water discharge permits was reviewed and updated (25 Pa. Code 92.81).

South Carolina

Drinking Water—Plumbing Code: South Carolina has adopted the 2012 edition of the International Code Council International Plumbing Code with amendments (see http://www.iccsafe.org/gr/Pages/default.aspx).

Tennessee

Hazardous Materials—Reporting of Chemical Inventories: Tennessee Emergency Management Agency (TEMA) now requires electronic reporting via E-Plan to meet the state reporting requirements. Certain LEPCs and fire departments may accept E-Plan submissions, while others require paper print outs of electronic reports (http://www.tnema.org/chemical/index.html).

Vermont

Operator Certification—Applicability and Definitions: Vermont has amended its operator certification rule effective September 25, 2014, including rule applicability and key definitions (Water Pollution Op. Cert. Regs. 1 and 2).



http://www.tnema.org/chemical/index.html

http://www.iccsafe.org/gr/Pages/default.aspx

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Operator Certification—Classification of Wastewater Systems: The facility has amended its classification rating for domestic and industrial wastewater treatment facilities (Water Pollution Op. Cert. Regs. 7).

Operator Certification—Certification and Renewal: Vermont has added certification requirements for reciprocity, provisional certificates, and contract operators. The state has also added requirements that apply to operators when their existing certificates come up for renewal (Water Pollution Op. Cert. Regs. 3, 5, 6 and 8).

Operator Certification—Operator Duties and Responsibilities: Vermont has included a requirement for adequate staffing and the conditions under which a suspension from operator certification will be granted (Water Pollution Op. Cert. Regs. 3 and 5).

Virginia

Air Quality—Hazardous Air Pollutants: Virginia’s incorporation by reference of federal MACT emissions standards for hazardous air pollutants in 40 CFR 63 has been updated (9 VAC 5-60-100).

Air Quality—New Source Performance Standards: Virginia’s incorporation by reference of the federal New Source Performance Standards in 40 CFR 60 has been updated (9 VAC 5-50-410).

Hazardous Wastes—Hazardous Waste Generators: Virginia has repealed the requirement for hazardous waste transporters to obtain a permit from the state; therefore generators need only ensure that they use a transporter with an EPA ID number (9 VAC 20-60-262(B)(6)).

Hazardous Wastes—Hazardous Waste Transporters: Virginia has repealed the requirement for hazardous waste transporters to obtain a permit from the state and has clarified the requirement for hazardous waste transporters to obtain an identification number from the EPA or an authorized state to transport hazardous waste (9 VAC 20-60-450).

Wastewater—Process Wastewater Discharges: Information on Virginia’s general wastewater discharge permits was reviewed and updated (9 VAC 25).

Wastewater—Storm Water Discharges: Information on Virginia’s general storm water discharge permits was reviewed and updated (9 VAC 25).

West Virginia

Hazardous Materials—Reporting of Chemical Inventories: West Virginia SERC (WVSERC) now requires electronic reporting unless a facility has inadequate Internet or computer resources (http://www.dhsem.wv.gov/SERC/Pages/TIERIIREPORTING.aspx).

Wastewater—Process Wastewater Discharges: Information on West Virginia’s general wastewater discharge permits was reviewed and updated (47 CSR 10-13.6).

Wastewater—Storm Water Discharges: Information on West Virginia’s general storm water discharge permits was reviewed and updated (47 CSR 10-13.6).



http://www.dhsem.wv.gov/SERC/Pages/TIERIIREPORTING.aspx

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Wisconsin

Wastewater—Process Wastewater Discharges: Information on Wisconsin’s general wastewater discharge permits was reviewed and updated (NR 205.08).

Wastewater—Storm Water Discharges: Information on Wisconsin’s general storm water discharge permits was reviewed and updated (NR 216.003 and NR 216.02).

Wyoming

Hazardous Materials—Reporting of Chemical Inventories: The State Emergency Response Commission (SERC) requests facilities to prepare the forms using EPA’s Tier2 Submit software and submit the information electronically. Facilities must also submit a signed verification form and one printed page of the report with an official signature. LEPCs or fire departments may still require paper copies of reports (http://wyohomelandsecurity.state.wy.us/serc.aspx).

Solid Waste—Solid Waste Landfills: Wyoming has clarified that construction and demolition wastes are not included within the definition of “municipal solid waste” and adopted a new rule to implement closure requirements under the Municipal Solid Waste Landfill Remediation Program and to provide funding to take remediation actions at eligible leaking municipal solid waste landfills (DEQ SW, Ch. 1 and 17).



Environmental Auditing: Federal Air Quality MACT Standards for Hazardous Waste Combustors provides audit checklists for the air quality management rules in 40 CFR Part 63, specific to Subpart EEE, covering hazardous waste incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid production furnaces. Available format: online.







http://www.stpub.com/environmental-auditing-federal-air-quality-mact-standards-for-hazardous-waste-combustors




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new & noteworthy


Wastewater: Information on the general wastewater discharge permits (including storm water permits) was reviewed and updated for EPA Region 1 states (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont) and for EPA Region 2 states (New Jersey, New York, and Puerto Rico).

Hazardous Waste: In July 2013, EPA issued a final rule that revises the definitions of solid waste and hazardous waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused or that are disposed. Authorized states are not required to adopt this change, but many are choosing to do so to provide flexibility and reduce compliance costs for generators of solvent-contaminated wipes. Beginning with this update, the status of state hazardous waste programs on this issue will be reviewed; this update includes information for Delaware, Massachusetts, Nebraska, New Hampshire, and Rhode Island.



R E L E A S E 13 3 – J U LY 2 0 1 4

what about California?

While the California State Regulatory Summary is included in this Environmental State Differences Guide, audit checklists for California are provided in a separate publication, Environmental Auditing: Integrated Federal and California Compliance Guide.

need a demo?

If you have any questions about the State Regulatory Differences Checklists or would like a demonstration of their features, please contact Gail Ankiewicz (1-800-251-0381 ext. 717 or [email protected]).






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State-specific updates for all 51 jurisdictions of the Environmental State Differences Summaries and Checklists are summarized below. Only states that have had updates are listed below—a state that is not listed did not have updates this quarter. Your update only contains material for the jurisdiction(s) included in your subscription.

California

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The definition of “small marine fueling facility” in the Office of Spill Prevention and Response’s (OSPR’s) oil spill contingency planning requirements was revised to exclude any single storage tank or storage tank compartment of 20,000 gallons or less (14 CCR 790(s)(8)).

Colorado

Underground Storage Tanks—Release Response and Corrective Action: Effective January 31, 2014, the Petroleum Cleanup and Redevelopment Fund will assist eligible property owners with the costs associated with the investigation and cleanup of petroleum contamination at petroleum storage tank sites that are not eligible for reimbursement from the Petroleum Storage Tank Fund (7 CCR 1101-14, Article 9).

Connecticut

Wastewater—Process Wastewater Discharges: Information on Connecticut’s general wastewater discharge permits was reviewed and updated (RCSA 22a-430-3).

Wastewater—Storm Water Discharges: Information on Connecticut’s general storm water discharge permits was reviewed and updated (RCSA 22a-430-3).

Wastewater—Discharges to POTWs: Information on Connecticut’s general POTW discharge permits was reviewed and updated (RCSA 22a-430-3).

Delaware

Hazardous Wastes—Waste Classification: Delaware has not adopted federal exclusions for solvent-contaminated wipes; however, the state has published guidance for the management of cloth wipes, including shop towels, and rags contaminated with certain solvents (www.dnrec.delaware.gov/dwhs/shwmb/Pages/ClothWipesWithSolvents.aspx).

Hazardous Wastes—Hazardous Waste Generators: Generators who receive Self-Certification Checklists from DNREC must complete and return their checklist within the time specified by the agency (7 Admin Code 1302(262.43(b)).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Effective January 11, 2014, owners and operators must notify DNREC of all retrofits or upgrades of an AST at least 10 days prior to beginning the work. DNREC also extended the time for owners and operators to re-notify of a retrofit or upgrade from 60 days to one year (7 Admin Code 1352(A.4.6)).



http://www.dnrec.delaware.gov/dwhs/shwmb/Pages/ClothWipesWithSolvents.aspx

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Florida

Drinking Water—Cross-Connection Control and Backflow Prevention: The Florida Department of Environmental Protection revised its drinking water regulations to clarify cross-connection control requirements for public water systems. Under the new regulations, cross connections are prohibited unless appropriate backflow prevention is provided to prevent backflow through the cross connection; only community water systems (CWSs) are required to establish and implement a cross-connection control program, and large CWSs are required to submit cross-connection control annual reports beginning in 2016 (FAC 62-555.360).

Solid Wastes—Solid Waste Recycling: Florida has updated the certification and reporting requirements for persons who handle, purchase, receive, recover, sell, or are an end user of recovered materials (FAC 62-722.400).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Bibb County and part of Monroe County were redesignated as attainment for the PM2.5 NAAQS effective May 13, 2014, and Floyd County was redesignated as attainment for the PM2.5 NAAQS effective May 14, 2014 (40 CFR 81.311).

Kansas

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Definitions for “AST” and “petroleum” have been revised and other key definitions have been provided. Requirements for non-fuel flammable and combustible liquid ASTs have also been added, as well as information on a voluntary registration option for non-regulated ASTs. Finally, a requirement for regulated ASTs to obtain and post a permit has been included (KSA 65-34,102; KSA 65-34,103; KSA 65-34,106; KSA 65-34,136; KAR 28-44-29).

Underground Storage Tanks—Applicability and Scope: Key definitions and applicability requirements have been added (KSA 65-34,102; KSA 65-34,103).

Underground Storage Tanks—Design, Construction, Installation, and Registration: A requirement for USTs to be permitted and registered has been added, along with the voluntary registration of non-regulated USTs. A requirement for UST installations to be equipped with observation tubes has also been provided (KSA 65-34,106(b) and KAR 28-44-16 – 28-44-18).

Underground Storage Tanks—Release Detection: The release detection requirements for waste oil USTs not exceeding 2,000 gallons and for heating oil USTs storing heating oil for consumptive use on the premises where stored have been added, along with requirements for USTs that use manual tank gauging and ground water monitoring as release detection methods (KAR 28-44-23(b)).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: The circumstances under which a spill or overfill of petroleum must be reported have been added (KAR 28-44-24).



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Underground Storage Tanks—Financial Responsibility: Information on the insurance coverage that Kansas offers owners and operators of petroleum USTs for third-party claims for personal injury and property damage caused by releases from USTs has been added (Kansas Storage Tank Program Overview of Underground Storage Tank Requirements, August 22, 2012).

Underground Storage Tanks—Certification: The training requirements for Class A, B, and C operators and the licensing requirements for tank installers and tank tightness testers have been added (KSA 65-34,135; KAR 28-44-21; KAR 28-44-22).

Maine

Wastewater—Process Wastewater Discharges: Information on Maine’s general wastewater discharge permits was reviewed and updated, and information on waste snow discharges was also updated (06-096 CMR 529.2; 06-096 CMR 573).

Wastewater—Storm Water Discharges: Information on Maine’s general storm water discharge permits was reviewed and updated (06-096 CMR 521; 06-096 CMR 529).

Maryland

Operator Certification—Applicability and Definitions: The definition of “pretreatment facility” has been added (COMAR 26.06.01.01).

Operator Certification—Classification of Wastewater Systems: The state has added a description of Class 6 Site Specific wastewater treatment plants (COMAR 26.06.01.16 Table 1).

Operator Certification—Certification and Renewal: Effective October 1, 2014, the state will remove the requirements for limited certificates as no operators now hold this certificate. References to this certificate and have been removed.

Operator Certification—Operator Duties and Responsibilities: The responsibilities of individuals who are certified as an industrial wastewater works operator of an industrial wastewater works and pretreatment plant have been added. Furthermore, the state has revised the responsibilities of wastewater collection system operators and individuals who hold operator or grandparented certificates of wastewater treatment plants (COMAR 26.06.01.05(B)).

Massachusetts

Hazardous Wastes—Waste Classification: Massachusetts has not adopted the federal conditional exclusions for solvent-contaminated wipes; however, the state has issued a guidance policy for managing industrial wipers contaminated with listed and characteristic solvents having the waste codes D001 and F001–F005 or contaminated with the commercial chemical products intended for use as solvents that are U-list solvents. DEP allows a conditional exemption from regulation as a hazardous waste for non-saturated, solvent-contaminated industrial wipers that are managed according to the practices described in the state’s policy (www.mass.gov/eea/agencies/massdep/recycle/regulations/waste-and-recycling-policies-and-guidance.html).



http://www.mass.gov/eea/agencies/massdep/recycle/regulations/waste-and-recycling-policies-and-guidance.html

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Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Massachusetts has amended its hazardous waste siting requirements to add a definition for “area of critical environmental concern.” The state prohibits hazardous waste facilities from being located within, adjacent to, or in close proximity to an area of critical environmental concern (310 CMR 30.708).

Wastewater—Process Wastewater Discharges: Information on Massachusetts’ general wastewater discharge permits was reviewed and updated (314 CMR 3.00).

Missouri

Underground Storage Tanks—Closure and Out-of-Service USTs: The state has added a condition under which owners and operators must undertake site investigation and corrective action activities in connection with the closure or change in use of an UST (10 CSR 26-2.062).

Nebraska

Hazardous Wastes—Waste Classification: Nebraska has updated its rules to add steel slag to the list of materials excluded from regulation as solid waste. In addition, the state has not adopted the federal exclusions for hazardous secondary materials and solvent-contaminated wipes (128 NAC 2-008).

Hazardous Wastes—Hazardous Waste Generators: Nebraska has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (128 NAC 9; 128 NAC 10).

New Hampshire

Hazardous Wastes—Waste Classification: New Hampshire has not adopted the federal exclusions for hazardous secondary materials and solvent-contaminated wipes (Env-Hw 401.03).

Hazardous Wastes—Hazardous Waste Generators: New Hampshire requires full quantity generators to have at least one certified hazardous waste coordinator on staff and physically at the facility where the hazardous waste is generated. The state also added a definition for annual review of training and revised the definition of “person trained in waste management procedures” (Env-Hw 509.04; Env-Hw 509.02).

Oil Spill Prevention and Aboveground Storage Tanks (All Subsections): The Department of Environmental Services (DES) amended and renumbered regulations under Env-Wm 1402 as Env-Or 300.

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The Spill Prevention, Control, and Countermeasures (SPCC) regulations were amended to allow the facility owner, instead of a professional engineer (PE), to sign the SPCC Plan and the certification page if the facility meets the criteria for a qualified facility (Env-Or 306.02).



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Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: DES has clarified and reorganized standards for aboveground petroleum storage facilities. The changes impact design and construction requirements, out of service requirements, registration, applicability, definitions, requirements for specific types of AST systems, inspections, and recordkeeping (Env-Or 300).

Wastewater (All Subsections): Citations were thoroughly reviewed and updated (Env-C, Env-Ws, and Env-Wq).

Wastewater—Process Wastewater Discharges: Information on New Hampshire’s general wastewater discharge permits, including permits for discharges to groundwater, was reviewed and updated (Env-Wq 301).

Wastewater—Storm Water Discharges: Information on New Hampshire’s general storm water discharge permits was reviewed and updated (RSA 485-A).

New Jersey

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: The federal Pipeline and Hazardous Materials Safety Administration (PHMSA) under the Department of Transportation has issued a notice of administrative determination of preemption regarding New Jersey’s regulations for the transportation of regulated medical waste. According to this determination, federal hazardous material transportation law preempts certain requirements in the New Jersey Administrative Code relating to the transportation of regulated medical waste because the state requirements are not substantively the same as the requirements in the federal hazardous materials regulations (78 FR 75672).

Wastewater—Process Wastewater Discharges: Information on New Jersey’s general wastewater discharge permits was reviewed and updated (NJAC 7:14A-6.13).

Wastewater—Storm Water Discharges: Information on New Jersey’s general storm water discharge permits was reviewed and updated (NJAC 7:14A-6.13).

New York

Wastewater—Process Wastewater Discharges: Information on New York’s general wastewater discharge permits was reviewed and updated (6 NYCRR 750).

Wastewater—Storm Water Discharges: Information on New York’s general storm water discharge permits was reviewed and updated (6 NYCRR 750).

Wastewater—Discharges to Underground Injection Wells: The conditions under which an SPDES permit is not required for underground injection of oil, gas, salt, or geothermal resources have been added (6 NYCRR 750.-1.5(a)(6)).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: A minor revision has been made to the description of the area designated as nonattainment for the 2010 SO2 NAAQS to clarify that the part of Clermont County designated is Pierce Township (40 CFR 81.336).



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Oregon

Solid Wastes—Waste Tires: Oregon has updated the requirements for indoor storage of waste tires. The state has replaced the former reference to compliance (with National Fire Protection Association’s standard NFPA 231D, “Standard for Storage of Rubber Tires,” 1986 edition) with a reference to the 2010 Oregon Fire Code (OAR 340-064-0035(7)).

Solid Wastes—Other Treatment Technologies: Oregon has made minor changes to the requirements for composting facilities (OAR 340-096-0060). In addition, the state has adopted new regulations for conversion technology facilities (OAR 340-093-0160 – OAR 340-093-0200).

Puerto Rico

Wastewater—Process Wastewater Discharges: Information on Puerto Rico’s general wastewater discharge permits was reviewed and updated (Reg. 6616).

Wastewater—Storm Water Discharges: Information on Puerto Rico’s general storm water discharge permits was reviewed and updated (40 CFR 122.28).

Rhode Island

Hazardous Wastes—Waste Classification: Rhode Island has incorporated by reference the conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes that are cleaned and reused with certain modifications, but has not adopted the exclusion for solvent-contaminated wipes that are disposed of. The state has also amended its state-specific waste categorizations and waste codes (HW Regs. 3).

Hazardous Wastes—Hazardous Waste Generators: Rhode Island has adopted new hazardous waste generator rules that now include requirements for conditionally exempt small quantity generators and small quantity generators. The state has also added new rules for paint collection centers and community collection centers (HW Regs. 5).

Hazardous Wastes—Hazardous Waste Transporters: Rhode Island has revised its rules for transporters of hazardous waste, used oil, or septage by amending the list of exceptions from the regulations and by making a number of other minor changes (HW Regs. 6).

Hazardous Wastes—Universal Wastes: Rhode Island has adopted new rules that establish a permit process and operating standards for circuit board recycling operations. The new rules apply to universal waste destination facilities that conduct shredding, crushing, or other size-reduction activities of printed circuit boards that are, or have been part of, used electronics (HW Regs. 11).

Solid Wastes— Solid Waste Landfills: Rhode Island has revised its rules for sanitary landfills to prohibit acceptance of any covered electronic products for disposal. Landfills must establish and implement procedures to promote segregation of covered electronic products from the waste stream (Electronic Waste Regs. 5.3).



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Solid Wastes— Solid Waste Transfer Facilities and Transporters: Rhode Island has revised its rules for transfer stations to prohibit acceptance of any covered electronic products for disposal. Transfer stations must establish and implement procedures to promote segregation of covered electronic products from the waste stream and must document those procedures in the facility operating plan (Electronic Waste Regs. 5.3).

Solid Wastes— Electronic Wastes: Rhode Island has adopted regulations implementing the Electronic Waste Prevention, Reuse and Recycling Act. The rules set forth provisions concerning definitions, the ban on disposal of covered electronic products, sales and labor prohibitions, labeling and registration requirements, and manufacturer collection programs for televisions and computer equipment (Electronic Waste Regs.).

Wastewater—Process Wastewater Discharges: Information on Rhode Island’s general wastewater discharge permits was reviewed and updated (RIPDES Rules).

Wastewater—Storm Water Discharges: Information on Rhode Island’s general storm water discharge permits was reviewed and updated (RIPDES Rule 31).

South Carolina

Operator Certification—Operator Duties and Responsibilities: The name of the “operator-in-training” license has been changed to “trainee” license (R.51-5(A)).

Tennessee

Operator Certification (All Subsections): Effective August 19, 2014, Tennessee repealed the wastewater operator certification regulations under Rule 1200-05-03 and readopted them as Rule 0400-49-01.

Vermont

Wastewater—Process Wastewater Discharges: Information on Vermont’s general wastewater discharge permits was reviewed and updated (DEC Rules Ch. 13).

Wastewater—Storm Water Discharges: Information on Vermont’s general storm water discharge permits was reviewed and updated (DEC Rules Ch. 18 and 22).

Washington

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: The state has amended its vessel oil spill contingency plan requirements by updating the definition of “plan holder” and “umbrella plan” to clarify that “umbrella plan” is used only when referring to nonprofit corporations and to specify that owners/operators operating under a plan that covers multiple parties are not required to comply with provisions of the rule that apply specifically to “plan holders” (WAC 173-182-015; WAC 173-182-030; WAC 173-182-220; WAC 173-182-230).

Solid Wastes—Other Treatment Technologies: Washington has revised and updated its regulations for composting operations and has adopted new regulations for anaerobic digestion facilities (WAC 173-350-220; WAC 173-350-225; WAC 173-350-250).



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Wisconsin

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Milwaukee, Racine, and Waukesha Counties were redesignated as attainment for the PM2.5 2006 24-hour standard effective April 22, 2014 (40 CFR 81.350).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The responsibility for ASTs has been transferred from the Department of Safety and Professional Services (DSPS) to the Department of Agriculture, Trade, and Consumer Protection (DATCP), Bureau of Weights and Measures, Storage Tank Regulation Section.

Underground Storage Tanks (All Subsections): As a result of transferring responsibility for the UST regulations from DSPS to DATCP, Wisconsin has repealed the UST regulations under SPS 310 and readopted them as ATCP 93.

Underground Storage Tanks—Design, Construction, Installation, and Registration: The following state differences have been added: DATCP approval of the leak detection method for marine-craft tank vehicles; the exemption for USTs installed before February 1, 2009, to have a 5-gallon minimum spill containment bucket; the exemption for USTs storing fuel for stationary combustion engines and gas turbines used at a farm or construction project to meet installation and use, spill and overfill prevention, and closure requirements; and local wellhead protection requirements specifying longer setback distances for USTs and dispensers from reservoirs and potable water mains (ATCP 93.130(1), ATCP 93.260 ATCP 93.320; ATCP 93.515(3)).

Underground Storage Tanks—Release Detection: The state has removed the requirement for USTs with a capacity of 1,000 gallons or less that use manual tank gauging as the sole method of leak detection for the life of the tank to perform weekly tank gauging (ATCP 93.515(3)).

Underground Storage Tanks—Release Response and Corrective Action: The responsibility for administering the Petroleum Environmental Cleanup Fund Award has been transferred from DSPS to the Department of Natural Resources (DNR) (NR 747).

Underground Storage Tanks—Financial Responsibility: Copies of the evidence of financial responsibility must be submitted to DNR upon annual permit renewal (ATCP 93.743(2)).





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Environmental Auditing: Federal Air Quality MACT Standards for Coating Industry Operations provides audit checklists for the air quality management rules in 40 CFR Part 63 covering paper and other web coating operations, miscellaneous coating manufacturing operations, and area source standards for paints and allied products manufacturing. Available format: online.











http://www.stpub.com/environmental-auditing-federal-air-quality-mact-standards-for-coating-industry-operations



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new & noteworthy


Operator Certification: In this update, we finished our multi-update review of the Operator Certification section. The content for all states in this section has been reorganized and expanded to include the following subsections: Applicability and Definitions, Classification of Wastewater Systems, Classification of Operators, Certification and Renewal, and Operator Duties and Responsibilities. This update specifically involved Louisiana, Minnesota, Missouri, North Dakota, Rhode Island, Washington, and Wisconsin.

Wastewater: Information on the general wastewater discharge permits (including storm water permits) was reviewed and updated for EPA Region 4 states (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee).



R E L E A S E 13 2 – M AY 2 0 1 4

what about California?

While the California State Regulatory Summary is included in this Environmental State Differences Guide, audit checklists for California are provided in a separate publication, Environmental Auditing: Integrated Federal and California Compliance Guide.

need a demo?

If you have any questions about the State Regulatory Differences Checklists or would like a demonstration of their features, please contact Gail Ankiewicz (1-800-251-0381 ext. 717 or [email protected]).






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Alabama

Wastewater—Process Wastewater Discharges: Information on Alabama’s general wastewater discharge permits was reviewed and updated (335-6-6).

Wastewater—Storm Water Discharges: Information on Alabama’s general storm water discharge permits was reviewed and updated (335-6-6).

Arizona

Pesticides—State Licensing: Citations from R-49 were updated to reflect the state’s reorganization of the regulations (R4-29-201 – R4-29-605).

Pesticides—Structural Pest Control: Citations from R-49 were updated to reflect the state’s reorganization of the regulations (R4-29-102 – R4-29-215). Structural pest control certification categories were also updated (R4-29-102), and requirements for certification of commercial applicators, qualified applicators, and qualifying parties were revised (R4-29 Article 2).

Colorado

Drinking Water—All Subsections: The Colorado Department of Public Health and Environment recently recodified its drinking water regulations with no significant changes, except that it updated its incorporation of federal drinking water standards to those in effect on July 1, 2013 (5 CCR 1002-11).

Delaware

Solid Wastes—Solid Waste Transfer Facilities and Transporters: Minor changes have been made to the rules for licensed transporters. The annual report is no longer limited to information on facilities within Delaware; it must now include information on wastes at all locations including sites other than a Delaware Solid Waste Authority Facility (1 Admin Code 501(3.25)).

Solid Wastes—Solid Waste Recycling: Minor changes have been made to the requirements for recycling and resource recovery facilities (1 Admin Code 501).

Florida

Wastewater—Process Wastewater Discharges: Information on Florida’s general and generic wastewater discharge permits was reviewed and updated (FAC 62-660 and FAC 62-621).



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Wastewater—Storm Water Discharges: Information on Florida’s general and generic storm water discharge permits was reviewed and updated (FAC 62-25 and FAC 62-621).

Georgia

Wastewater—Process Wastewater Discharges: Information on Georgia’s general wastewater discharge permits was reviewed and updated (391-3-6).

Wastewater—Storm Water Discharges: Information on Georgia’s general storm water discharge permits was reviewed and updated (391-3-6-.16).

Kansas

Hazardous Wastes—Waste Classification: Kansas has not adopted the optional provisions at 40 CFR 260.20 – 260.22 for delisting of a hazardous waste nor the provision at 40 CFR 260.23 that addresses petitions to add a universal waste (KAR 28-31-260(b)).

Hazardous Wastes—Hazardous Waste Generators: Generators must notify KDHE of changes to the information associated with their EPA identification number no more than 60 days after the change occurs (KAR 28-31-4).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Kansas requires a “qualified groundwater scientist” to perform certain tasks. A qualified groundwater scientist is a licensed geologist or professional engineer who has sufficient training and experience in groundwater hydrology and related fields (KAR 28-31-260(c)(2)).

Solid Wastes—Petroleum-Contaminated Soils: Kansas has revised its requirements for analysis of petroleum-contaminated soils. The state has removed constituent limits for landfill disposal and now simply requires that an analysis be performed for specified constituents (KAR 28-29-109).

Solid Wastes—Other Solid Wastes: Kansas has revised its requirements for special wastes by requiring the disposal authorization to include the contact person’s e-mail and business name (KAR 28-29-109).

Solid Wastes—Other Treatment Technologies: Kansas has established regulations for the land spreading of drilling wastes (KAR 28-29-1601 – 28-29-1608).

Kentucky

Wastewater—Process Wastewater Discharges: Information on Kentucky’s general wastewater discharge permits was reviewed and updated (401 KAR 5:050 and 401 KAR 5:055).

Wastewater—Storm Water Discharges: Information on Kentucky’s general storm water discharge permits was reviewed and updated (401 KAR 4 – 6).

Louisiana

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (LAC 48:V.7301, LAC 48:V.7303(B), and RS 40:1141).



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Operator Certification—Classification of Operators: The types of operator licenses issued by the Committee of Certification have been added (LAC 48:V.7305).

Operator Certification—Certification and Renewal: The licensing and renewal requirements for operators licensed under reciprocity and those holding a provisional certificate or limited certificate have been added (LAC 48:V.7315, LAC 48:V.7319, and LAC 48:V.7337).

Operator Certification—Operator Duties and Responsibilities: The conditions that apply to individuals designated as the operator of more than one wastewater system or district have been added (LAC 48:V.7325(F)).

Michigan

Hazardous Wastes—Waste Classification: Michigan has deleted the state-specific list of wastes from specific sources in Table 204b (R 299.9223).

Hazardous Wastes—Hazardous Waste Generators: Michigan has eliminated a requirement for generators to submit a copy of the manifest to DEQ within 10 days after the end of the month the shipment was made (R 299.93040).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Michigan no longer requires a construction license for TSD facilities; the state now only requires an operating license. Also, the state now requires the owner or operator of a hazardous waste treatment or disposal facility located on the site of generation to submit a quarterly operating report to DEQ that summarizes all managed hazardous wastes treated or disposed of (R 299.9501 and 299.9610).

Hazardous Wastes—Universal Wastes: Michigan has changed the labeling requirements and other terminology in the universal waste rules to simply use the term “lamp” instead of “electric lamp” (R 299.9228).

Minnesota

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (9400.0200; 9400.0500, subp. 4; Minn. Stat. 115.01, subd. 17; and Minn. Stat. 115.71, subd. 6).

Operator Certification—Classification of Wastewater Systems: The classification of Type S treatment facilities and the registration requirements for laboratories that perform wastewater analytical laboratory work have been added (9400.0500, subp. 4 and Minn. Stat. 115.84).

Operator Certification—Certification and Renewal: The licensing and renewal requirements for operators licensed under reciprocity and the posting requirements for operator licenses have been added (9400.1350 and Minn. Stat. 115.75, subd. 3).

Solid Wastes—Other Treatment Technologies: Minnesota has established a general permit that authorizes the land application of industrial by-products generated during the processing of foods and beverages (7001.0210).



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Mississippi

Wastewater —Process Wastewater Discharges: Information on Mississippi’s general wastewater discharge permits was reviewed and updated (11 Miss. Admin. Code Pt. 6, Ch. 1, Subch. 1, R. 1.1.1).

Wastewater —Storm Water Discharges: Information on Mississippi’s general storm water discharge permits was reviewed and updated (49-17-29(3)(e)).

Missouri

Operator Certification—Applicability and Definitions: Key definitions have been added (10 CSR 20-9.020(1)).

Operator Certification—Certification and Renewal: Licensing and renewal requirements have been added for operators licensed under reciprocity and for operators who on March 1, 1992, held an exemption and received a certificate of competency (10 CSR 20-9.030(4) and 10 CSR 20-9.030(7)).

Operator Certification—Operator Duties and Responsibilities: The duty of the wastewater treatment system owner to notify MDNR within 10 days of staff not meeting certification requirements has been added (10 CSR 20-9.020(2)(F)).

Montana

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Montana has adopted new regulations for the management of infectious wastes (ARM 17.50.1501 – 17.50.1508).

North Carolina

Solid Wastes—Overall Solid Waste Management Requirements: North Carolina now allows applicants for a sanitary landfill or transfer station permit the option to apply for a permit that includes a design, construction, and operation phase of ten years (15A NCAC 13B.0206).

Solid Wastes—Solid Waste Landfills: North Carolina now allows applicants for a sanitary landfill permit the option to apply for a permit that includes a design, construction, and operation phase of ten years (15A NCAC 13B.0206).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: North Carolina now allows applicants for a transfer station permit the option to apply for a permit that includes a design, construction, and operation phase of ten years (15A NCAC 13B.0206).

Wastewater—Process Wastewater Discharges: Information on North Carolina’s general wastewater discharge permits was reviewed and updated (15A NCAC 02H.0127).

Wastewater—Storm Water Discharges: Information on North Carolina’s general storm water discharge permits was reviewed and updated (15A NCAC 02H.0127).



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North Dakota

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (NDCC 23-26-08 and NDCC 23-26-02(7)).

Operator Certification—Certification and Renewal: The licensing and renewal requirements for operators licensed under reciprocity have been added (33-19-01-07(6)).

Rhode Island

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (WW Operator Regs. 5 and 6).

Operator Certification—Classification of Operators: Operator certification levels have been added (WW Operator Regs. 8(c)).

Operator Certification—Certification and Renewal: The licensing and renewal requirements for operators certified without examination has been added, as well as the option of taking continuing education when renewing a certificate (WW Operator Regs. 13(f) and 13(g)).

Operator Certification—Operator Duties and Responsibilities: Added material summarizes the duties of certified operators to inform the Board of a change of address or employment status and of superintendents to notify the Board when new operators are hired (WW Operator Regs. 13(c) and (d)).

South Carolina

Wastewater—Process Wastewater Discharges: Information on South Carolina’s general wastewater discharge permits was reviewed and updated (R.61-9.122).

Wastewater—Storm Water Discharges: Information on South Carolina’s general storm water discharge permits was reviewed and updated (R.61-9.122.34).

South Dakota

Hazardous Wastes—Waste Classification: South Dakota has recently adopted the federal exclusion for hazardous secondary materials that are being reclaimed as specified in 40 CFR 261.4(a)(23) – 261.4(a)(25) (ARSD 74:28:22:01).

Tennessee

Wastewater—Process Wastewater Discharges: Information on Tennessee’s general wastewater discharge permits was reviewed and updated (Rule 0400-40).

Wastewater—Storm Water Discharges: Information on Tennessee’s general storm water discharge permits was reviewed and updated (Rule 0400-40-10).



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Virginia

Pesticides: Virginia has adopted regulations for pesticide containers and containment. They are identical to the federal standards (2 VAC 5-690).

Washington

Drinking Water—Operator Certification: Washington Department of Health revised its drinking water regulations to clarify the obligations of purveyors to designate and report to DOH mandatory certified operators of the PWS (WAC 246-290-020).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (WAC 173-230-040).

Operator Certification—Certification and Renewal: The licensing requirements for operators licensed under reciprocity have been added (WAC 173-230-110).

West Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated Brooke and Hancock Counties as attainment for both the annual and 2006 24-hour PM-25 standards, effective March 18, 2014. Also, Kanawha and Putnam Counties were redesignated as attainment for both the annual and 2006 24-hour PM-25 standards effective March 31, 2014 (40 CFR 81.349).

Hazardous Wastes—Hazardous Waste Generators: West Virginia now requires a generator to file with DEP copies of all documentation, manifests, exception reports, annual reports or records related to exports and transboundary movements that are submitted to EPA (33 CSR 20-5.4 and 33 CSR 20-5.5).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: West Virginia now requires facilities that have arranged to receive hazardous waste from a foreign source or waste that is subject to the rules for Transboundary Movements of Hazardous Waste for Recovery Within the Organization for Economic Cooperation and Development to provide copies of all related documentation to DEP (33CSR 20-7.3 and 33 CSR 20-8.2).

Solid Wastes—Electronic Wastes: West Virginia has adopted a regulation that establishes requirements for the proper storage, handling, recycling, and disposal of covered electronic devices (33 CSR 12).

Wisconsin

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (NR 114.03 and NR 114.04).

Operator Certification—Classification of Operators: Grades and subclasses of operators have been added (NR 114.09).

Operator Certification—Certification and Renewal: The certification requirements for operators certified under reciprocity have been added (NR 114.07(2)).



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new & noteworthy

Information in this section relates to topic additions and other upgrades for all 51 jurisdictions covered in Environmental State Differences Summaries and Checklists. For details regarding state-specific regulatory updates see “highlights by state and topic” below.

Hazardous Materials—Reporting of Chemical Inventories: The material was reviewed and updated for all states.

Hazardous Materials—Toxics Release Inventory Reporting: With the new federal requirement for facilities to file TRI reports electronically (unless they have trade secrets), information for all states was reviewed. Since most states are part of the Central Data Exchange and have encouraged electronic filing, most states were simply updated with slight re-wording changes, which have not been described further under Highlights by State and Topic below. Highlights by State and Topic do highlight, however, changes in individual state reporting requirements for Toxics Release Inventories.

While the California State Regulatory Summary is included in this Environmental State Differences Guide, audit checklists for California are covered in a separate publication, Environmental Auditing: Integrated Federal and California Compliance Guide.

If you have any questions on the State Regulatory Differences Checklists or would like a demonstration of their electronic usage and features, please contact STP’s Gail Ankiewicz (phone: 1-800-251-0381; email: [email protected]).



R E L E A S E 13 1 – M A R C H 2 0 1 4







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Alaska

Solid Waste—Overall Solid Waste Management Requirements: Solid waste permitting requirements have been updated to include provisions allowing for an authorization for disposal of municipal solid waste in a Class III MSWLF and for disposal of solid waste in a one-time-use landfill (18 AAC 60.200).

Solid Waste—Petroleum-Contaminated Soils: Alaska has revised the definition of polluted soil and has also amended the requirements for approval by ADEC for disposal of polluted soil within a Class III MSWLF on a case-by-case basis or at a landfill other than a Class I MSWLF, an industrial solid waste landfill, a drilling waste landfill, or a Class III MSWLF (including beneficial use of polluted soil within a Class III MSWLF) (18 AAC 60.990).

Underground Storage Tanks—Design, Construction, Installation, and Registration: ADEC has amended the rules that establish requirements for USTs failing the triennial inspection. ADEC has added the prohibition on the delivery or deposit of petroleum to the list of temporary deferrals it will grant for repairs that will take longer than 60 days (18 AAC 78.017(k)(4)).

Underground Storage Tanks—General Operating Requirements: Delivery prohibitions were expanded to prohibit delivery persons from delivering or depositing petroleum into any UST that ADEC has determined to be ineligible (18 AAC 78.018).

Arizona

Solid Waste—Overall Solid Waste Management Requirements: Arizona has amended its rules that require certain solid waste facilities—including transfer facilities and waste tire storage and waste tire shredding operations—to register and pay fees (R18-13-501).

Solid Waste—Solid Waste Landfills: The landfill registration fee calculation methods have been replaced with new calculation methods (R18-13-2102).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Transporters of biohazardous medical wastes must now obtain a transporter license instead of registering with ADEQ (R18-13-1409).

Solid Waste—Petroleum-Contaminated Soils: The treatment, storage, or disposal facility that first receives a shipment of PCS must now pay a fee to ADEQ (R18-13-1606).

Solid Waste—Waste Tires: New waste tire collection sites and persons who store 100 or more used tires outdoors must now meet registration and fee requirements (R18-13-1212).



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California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has corrected an error in the boundaries between areas in Southern California designated as nonattainment for the one-hour ozone NAAQS (40 CFR 81.305).

Hazardous Waste—Hazardous Waste Generators: The hazardous waste source reduction rules have been amended to remove a requirement to submit the summary progress report to the Department of Toxic Substances Control every 4 years (22 CCR 67100.9).

Colorado

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: All citations have been changed as a result of the state reformatting the storage tank regulations. The regulations have been revised to specify the quantity of regulated substance that must be spilled before reporting is required and to add suspected release conditions that must also be reported (7 CCR 1101-14, Article 4).

Connecticut

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated Fairfield and New Haven Counties as attainment for the PM2.5 2006 24-hour National Ambient Air Quality Standard (NAAQS) and for the annual PM2.5 NAAQS (40 CFR 81.307).

Delaware

Agency Contact Information: The Delaware Department of Natural Resources and Environmental Control (DNREC) has reorganized and renamed its divisions. Information was updated in the Agency Contact section and in any other affected topics.

Air Quality—New Source Performance Standards: Information on NSPS was reviewed and updated to provide additional details on Delaware’s NSPS regulations (7 Admin Code 1120).

Air Quality—Risk Management Program: Information on the state’s RMP regulations was reviewed and was updated to provide additional details on Delaware’s state-specific Accidental Release Prevention program (7 Admin Code 1201(6)).

Hazardous Materials—Reporting of Chemical Inventories: If a facility submits Tier II reports electronically, DNREC no longer requires the facility to mail in a paper copy of the certification letter (http://www.dnrec.delaware.gov/SERC/Pages/What’sNew.aspx).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (WW Operator Licensing Regs., Sec. 2.09, 2.10, 4.02, 5.01, and 5.02).

Operator Certification—Classification of Operators: A requirement has been added to indicate that a wastewater facility must be under the supervision of a wastewater operator in direct responsible charge, who is licensed in a classification corresponding to or higher than the plant’s classification (WW Operator Licensing Regs., Sec. 4.01).



http://www.dnrec.delaware.gov/SERC/Pages/What%27sNew.aspx

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Operator Certification—Certification and Renewal: The state’s reciprocity requirements have been added (WW Operator Licensing Regs., Sec. 8.01(b) and 12.01).

Operator Certification—Operator Duties and Responsibilities: The requirement for wastewater facilities to have a licensed operator available at all times has been added (WW Operator Licensing Regs., Sec. 4.03).

Wastewater—Process Wastewater Discharges: References to the current authorized state general permits for process wastewater discharges has been updated (7 Admin Code 7201(9.5 and 9.8)).

Wastewater—Storm Water Discharges: Reference to the current authorized state general permits for storm water discharges associated with industrial operations and construction activities have been updated (7 Admin Code 7201(9.1.3 and 9.1.5); 7 Admin Code 7201(9.2.3 and 9.2.5)).

Wastewater—Discharges to Underground Injection Wells: Citation references for the state’s Class V well requirements have been amended (7 Admin Code 7102(122.22(e)).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated the Atlanta, Georgia, ozone nonattainment area to attainment for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) (40 CFR 81.311).

Hawaii

Hazardous Waste—Waste Classification: Hawaii has not adopted the conditional exclusion for cathode ray tubes in 40 CFR 261.4(a)(22) or the exclusion for hazardous secondary materials that are being reclaimed, as specified in 40 CFR 261.4(a)(23) and (a)(25) (HAR 11-261-4).

Hazardous Waste—Hazardous Waste Generators: Hawaii has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (HAR 11-262).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (HAR 11-61-2 and HAR 11-61-3(a)).

Operator Certification—Certification and Renewal: The state’s reciprocity requirements have been added along with certificate posting requirements and the expiration dates for new and renewed operator certificates (HAR 11-61-3(b) and HAR 11-61-4 – 11-61-5).

Operator Certification—Operator Duties and Responsibilities: The text has been modified to add the requirement that the owner of a wastewater treatment plant notify the Board within 30 days whenever a facility initiates operation, major modifications are made to the facility, or changes are made to the certified operator(s) in direct responsible charge of the facility (HAR 11-61-3(a)).



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Idaho

Air Quality—Air Quality Permitting and Management: Title V Permit Program: The text has been revised to clarify that all major sources required to obtain a Tier I permit, including facilities that obtained air quality permits that limited potential emissions below major facility levels during the previous year, must annually register with DEQ and pay registration fees (IDAPA 58.01.01.389).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (IDAPA 58.01.16.203(01), 58.01.16.203(05), and 58.01.16.010).

Operator Certification—Classification of Wastewater Systems: The classification of public wastewater treatment systems has been added (IDAPA 58.01.16.202).

Operator Certification—Classification of Operators: The types of operator licenses issued by IDOL have been added (IDAPA 24.05.01.175, 24.05.01.250, and 58.01.16.203).

Operator Certification—Certification and Renewal: The licensing and renewal requirements for operators—including those holding an endorsement or a license as a grandparent, wastewater land applicator, and operator-in-training—have been added (IDAPA 24.05.01.300 – 24.05.01.600).

Operator Certification—Operator Duties and Responsibilities: The requirement that public wastewater systems submit a copy of the contract to DEQ before using contracted licensed operators to be in responsible charge has been added (IDAPA 58.01.16.204).

Wastewater—Discharges to Underground Injection Wells: State requirements related to construction and operation of Class V wells have been updated (IDAPA 37.03.03).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated the Chicago area as attainment for the annual PM 2.5 standard effective October 2, 2013 (40 CFR 81.314).

Hazardous Materials—Reporting of Chemical Inventories: Illinois requires facilities to submit site plan maps as part of their Tier II reporting and keep them up-to-date (http://www.state.il.us/iema/disaster/serc_tier2.htm).

Indiana

Agency Contact Information: As EPA no longer deals with local air pollution control agencies in Indiana, contact information for local agencies has been removed from this section.



http://www.state.il.us/iema/disaster/serc_tier2.htm

please review


Hazardous Materials—Reporting of Chemical Inventories: After preparing and submitting reports via Iowa’s online Tier II reporting system, facilities must mail printed copies of their reports to their County Emergency Management Agency (https://iowa.tier2online.com/).

Solid Waste—Overall Solid Waste Management Requirements: Indiana has made minor changes to the list of exempt solid waste management activities (329 IAC 11-3-1).

Solid Waste—Solid Waste Transfer Facilities and Transporters: Indiana has repealed the regulations for transfer stations. Transfer stations are now subject to the requirements for solid waste processing facilities (329 IAC 11-13.5).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Indiana has repealed the regulations that established additional operational requirements for infectious waste incinerators (329 IAC 11-20).

Solid Waste—Waste Tires: Requirements related to the incidental transfer of small amounts of whole waste tires at transfer stations have been added (329 IAC 11-13.5-16).

Solid Waste—Other Treatment Technologies: Indiana has repealed the regulations that established application, preoperational, and operational requirements for solid waste incineration facilities. In addition, Indiana has established new regulations for biomass anaerobic digestion facilities and biomass gasification facilities that engage in energy production or recovery of reusable byproducts (329 IAC 11-19).

Iowa

Air Quality—New Source Performance Standards: Information on Iowa’s NSPS regulations was reviewed and updated (567 IAC 23.1(2)).

Underground Storage Tanks—Release Detection: Iowa has extended the compliance deadline for UST leak detection system upgrades at unstaffed facilities that use pressurized piping to July 1, 2014 (567 IAC 135.5(1)(e)).

Kansas

Air Quality—New Source Performance Standards: Information on Kansas’ NSPS program was reviewed and updated to provide additional details on the state’s regulations (KAR 28-19-720 – 28-19-729h).

Hazardous Materials—Reporting of Chemical Inventories: Facilities filing Tier II reports online must print and mail to KDHE a Fee Calculation Worksheet and Certification letter. The state report, whether filed online or by mail, requires quantities to be reported in pounds, not by range code (http://kansas.tier2online.com/index.php).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (KSA 65-4510 and KAR 28-16-36).



https://iowa.tier2online.com/

http://kansas.tier2online.com/index.php

please review


Operator Certification—Certification and Renewal: The licensing and renewal requirements for operators, including those holding reciprocal certification and operator-in-training certificates, have been added (KSA 65-4504 and KAR 28-16-33(d)).

Kentucky

Hazardous Materials—Reporting of Chemical Inventories: KYERC no longer allows hard copy reporting or payment. All reports and payments must be submitted electronically. Many LEPCs also require electronic submissions (http://kyem.ky.gov/programs/Pages/SARATitleIII.aspx).

Louisiana

Air Quality—Risk Management Program: Information on Louisiana’s RMP rules was updated to provide additional information on the state’s modification to the list of regulated substances (LAC 33:III.5901, LAC 33:III.5911, and LAC 33:III.5913).

Drinking Water—Reporting and Recordkeeping: Louisiana’s Office of Public Health published an emergency rule to increase minimum disinfectant residual levels for PWS and to revise some reporting and recordkeeping requirements. Each PWS in existence on November 6, 2013, was required to submit a disinfectant residual monitoring plan to the state health officer for review and approval no later than January 1, 2014 (LAC 51:XII).

Maine

Hazardous Waste—Hazardous Waste Generators: Maine has revised its container inspection requirements for generators to require weekly inspections instead of daily inspections (06-096 CMR 851.13(D)).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Details on the documents that must be submitted to the State Fire Marshal for owners or operators of ASTs who seek coverage under the Ground Water Oil Clean-up Fund have been added (90-564 CMR 5).

Maryland

Air Quality—New Source Performance Standards: Information on NSPS was reviewed and updated to provide additional details on Maryland’s NSPS regulations (COMAR 26.11.06.12).

Massachusetts

Hazardous Materials—Reporting of Chemical Inventories: Massachusetts requires electronic reports. Facilities may use either U.S. EPA’s Tier2 Submit reporting software or the Tier II Manager System (Tier II Memo for RY 2103).

Operator Certification—Classification of Operators: The state has expanded its exemption from the certified operator requirements for wastewater treatment facilities neutralizing less than 100 gallons per day (257 CMR 2.04(b)).



http://kyem.ky.gov/programs/Pages/SARATitleIII.aspx

please review


Michigan

Operator Certification—Applicability and Definitions: Key definitions and applicability for the state’s operator certification requirements for municipal treatment facilities have been added (R 299.2952(1) and R 299.2903).

Operator Certification—Classification of Wastewater Systems: Classifications for municipal treatment facilities have been added (R 299.2911).

Operator Certification—Classification of Operators: The classifications required for operators of industrial waste treatment or control facilities and municipal treatment facilities have been added (R 323.1252(2) and R 299.2952(1)).

Operator Certification—Certification and Renewal: The certification and renewal requirements for municipal treatment facility operators have been added (R 299.2918 – R 299.2925).

Operator Certification—Operator Duties and Responsibilities: Reporting and recordkeeping requirements that apply to operators and owners of industrial waste treatment or control facilities and municipal treatment facilities have been added (R 299.2952, R 299.2953, R 299.2955, R 299.2957, R 299.2959, and R 323.1258(2)).

Minnesota

All Topic Sections: State reference citations were reviewed to ensure consistency and accuracy.

Air Quality—New Source Performance Standards: Information on NSPS was reviewed and updated to provide information on state-specific standards of performance (7011.0555 – 7011.3520).

Hazardous Materials—Reporting of Chemical Inventories: Minnesota does not require facilities to submit the state-specific Chemical Inventory report to Regional Review Committees (RRCs), the state equivalent of LEPCs. Submission to the state’s EPCRA Program and local fire departments satisfies the state reporting requirements (SARA Title III Information Packet, available from https://dps.mn.gov/divisions/hsem/epcra/Pages/regulated-facilities.aspx).

Mississippi

Drinking Water—All Subparts: The state has renumbered its drinking water regulations (15 Miss. Admin. Code Pt. 20, Subpt. 72).

Montana

Hazardous Materials—Reporting of Chemical Inventories: The Department of Environmental Quality now requires facilities to submit their Tier II reports electronically via E-Plan (facilities may still prepare reports using EPA’s Tier2Submit software and upload them to E-Plan). Facilities must check with their LEPC and local fire department to see if they accept reports through E-Plan or still require paper copies (http://deq.mt.gov/Tier2.mcpx).



https://dps.mn.gov/divisions/hsem/epcra/Pages/regulated-facilities.aspx

http://deq.mt.gov/Tier2.mcpx

please review


Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The definition of aboveground petroleum storage tank systems (PSTs) has been updated (ARM 17.57.103).

Underground Storage Tanks—Applicability and Scope: An exclusion from the UST regulations for underground pipes connected to an AST at a petroleum refinery that is subject to a facility-wide correction action order has been added (MCA 75-11-503(8)(b)(xii)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: The state has removed the requirement that new and upgraded vent lines, as well as fill lines in contact with the ground, be properly designed, constructed, and protected from corrosion (ARM 17.56.201(1)(b) and ARM 17.56.202(3)).

Underground Storage Tanks—General Operating Requirements: The conditions under which all UST systems at a facility must be on the same inspection schedule have been added (ARM 17.56.309(4)).

Nebraska

Hazardous Materials—Reporting of Chemical Inventories: Facilities must use the online NDEQ Tier II System to file reports with NDEQ (http://deq.ne.gov/EAD.nsf/pages/Title3). Reports to LEPCs can be submitted electronically via email or on paper; fire departments require paper copies (https://deq-iis.ne.gov/tier2/tier2Help.html).

Nevada

Hazardous Materials—Reporting of Chemical Inventories: Nevada continues to strongly urge facilities to submit reports electronically; fees may also be paid electronically. The state expects that some LEPCs and fire departments may also accept online reports (http://fire.nv.gov/bureaus/FPL/Hazmat_Reporting_-_Where_and_When/).

New Hampshire

Hazardous Waste—Waste Classification: New Hampshire has added an exemption from regulation as hazardous waste for any pharmaceutical waste collected by police officers. Information has also been added to note that the state’s corrosivity characteristic includes a provision for gaseous material (Env-Hw 401.03 and Env-Hw 403.04).

Hazardous Waste—Hazardous Waste Generators: New Hampshire has revised the criteria for secondary containment for containers stored outside, which now must be adequate to hold any spills or leaks at 110% of the volume of the largest container in the storage area, or 10% of the total volume of all containers, whichever is greater. Also, minor changes were made to the discharge reporting provisions (Env-Hw 513 and Env-Hw 507).



http://fire.nv.gov/bureaus/FPL/Hazmat_Reporting_-_Where_and_When/

https://deq-iis.ne.gov/tier2/tier2Help.html

http://deq.ne.gov/EAD.nsf/pages/Title3

please review


Hazardous Waste—Hazardous Waste Transporters: New Hampshire has revised the time allowed for transporters to report changes in notification information. Changes must now be reported within 15 days instead of within 30 days. Also, minor changes were made to the discharge reporting provisions (Env-Hw 603.02 and Env-Hw 608.01).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: New Hampshire has updated the requirements for manifesting and discharge reporting. The state has also added notification requirements for contamination of any groundwater, surface water, air, or soil; for noncompliance that threatens public health or the environment; and for any planned changes to the facility (Env-Hw 703.01 and Env-Hw 706.01).

Hazardous Waste—Universal Wastes: The universal waste rules have been updated to reflect minor changes to discharge reporting provisions and to the requirement for posting emergency information at pesticide storage areas (Env-Hw 104.70).

Hazardous Materials—Toxics Release Inventory Reporting: Although New Hampshire does not participate in the TRI State Data Exchange agreement with U.S. EPA, facilities should not file separate reports with the state—New Hampshire will access facility information from U.S. EPA as needed (Tier II 2012 Letter to Facilities available at http://www.nh.gov/safety/divisions/hsem/HazardousMaterials/index.html).

Operator Certification (All Subsections): The state’s rules for operator certification were moved to Env-Wq from Env-Ws and were renumbered (Env-Wq 304).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (Env-Wq 304.02 and RSA 485-A:2).

Operator Certification—Certification and Renewal: Reciprocity requirements have been added (Env-Wq 304.21).

Operator Certification—Operator Duties and Responsibilities: Certain requirements have been added that apply to the owners of wastewater treatment plants when the plant is reevaluated and moved to a higher grade, when seeking approval to hire an operator below the required grade level, and when there is a change in the operator in responsible charge (Env-Wq 304.29(c) and Env-Wq 304.27(d)).

New Jersey

Agency Contact Information: The New Jersey Department of Health and Senior Services has been renamed the Department of Health. References in the applicable topic sections (Air Quality and Solid Wastes) were also updated.

Hazardous Materials—Reporting of Chemical Inventories: New Jersey’s Community Right to Know (CRTK) Survey must be completed and submitted to NJDEP online via the NJDEP Online system. Other agencies that require copies (LEPCs, fire departments, police departments, and the County Right to Know Lead Agency) must still receive paper copies. The facility must also keep a paper copy on site (NJAC 7:1G-5.1 and CRTK Survey Guidance, Section 3.1).



http://www.nh.gov/safety/divisions/hsem/HazardousMaterials/index.html

please review


Wastewater—Process Wastewater Discharges: References to the current authorized state general permits for process wastewater discharges have been updated (NJAC 7:14A-6.13).

Wastewater—Storm Water Discharges: References to the current authorized state general permits for storm water discharges associated with industrial operations, construction activities, and discharges in municipal storm sewer systems have been updated (NJAC 7:14A-6.13).

New Mexico

Hazardous Materials—Reporting of Chemical Inventories: Electronic reports must be prepared with Tier2Submit and submitted to the New Mexico Department of Homeland Security on CD; reports may not be submitted via email or E-Plan (http://www.nmdhsem.org/Tier2.aspx).

New York

Hazardous Materials—Reporting of Chemical Inventories: The state encourages facilities to file Tier II reports with E-Plan (http://www.dhses.ny.gov/oem/disaster-prep).

North Carolina

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated the Charlotte-Gastonia-Rock Hill area as attainment for the 1997 8-hour ozone standard effective December 2, 2013 (40 CFR 81.334).

North Dakota

Air Quality—New Source Performance Standards: Information on NSPS was reviewed and updated to add additional details on North Dakota’s NSPS regulations (NDAC 33-15-12).

Air Quality—Risk Management Program: Information on RMP has updated to note that the North Dakota Department of Agriculture (NDDA) has been delegated the authority to implement and enforce the provisions of 40 CFR 68 at agricultural anhydrous ammonia facilities that are subject to the federal RMP regulation (7-12-03-03).

Hazardous Materials—Reporting of Chemical Inventories: The state requires facilities to report using their online Tier II reporting portal, which has been updated this year (http://www.nd.gov/DES/planning/haz-chem/default.asp).



http://www.nd.gov/DES/planning/haz-chem/default.asp

http://www.dhses.ny.gov/oem/disaster-prep/

http://www.nmdhsem.org/Tier2.aspx

please review


Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated the following areas as attainment for federal NAAQS: the Cleveland-Akron-Lorain area for the PM2.5 2006 24-hour and annual standards; Jefferson County for the PM2.5 annual and 2006 24-hour standards; the Columbus area for the 1997 annual PM2.5 standard; and the Canton-Massillon area for the 1997 annual and 2006 24-hour PM2.5 standards (40 CFR 81.336).

Hazardous Materials—Reporting of Chemical Inventories: SERC and LEPCs now accept electronic Tier II reports prepared with Tier2Submit as email attachments, as well as on CD (Facility Reporting Compliance Manual, available from http://epa.ohio.gov/dapc/serc/invforms.aspx).

Oklahoma

Air Quality—New Source Performance Standards: Information on Oklahoma’s NSPS regulations was reviewed and updated (OAC 252:100-2-3).

Solid Waste—Solid Waste Landfills: The exemptions to the definition of land disposal facility were amended to include used tire recycling facilities and roofing material recycling facilities (OAC 252:515-1-2).

Solid Waste—Solid Waste Recycling: Oklahoma has adopted new regulations for roofing material recycling facilities (OAC 252:515-41).

Oregon

Air Quality—New Source Performance Standards: Information on Oregon’s NSPS regulations was reviewed and updated, and additional details on requirements for incinerators and municipal solid waste landfills were added (OAR 340-230, OAR 340-236, and OAR 340-238).

Air Quality—Risk Management Program: Information on Oregon’s RMP was updated to reflect the fact that the state has repealed its RMP regulations formerly found at OAR 340-244-0230.

Rhode Island

Air Quality—New Source Performance Standards: Information on NSPS was reviewed and updated to reflect that Rhode Island has adopted APC Regulation No. 39 as its mechanism for implementing emissions guidelines and NSPS for Hospital/Medical/Infectious Waste Incinerators (APC Regulation No. 39).

South Dakota

Hazardous Materials—Reporting of Chemical Inventories: DENR accepts paper copies of forms, electronic submissions prepared using EPA’s Tier2 Submit program, or electronic copies prepared and submitted via the SD Online Tier II reporting web portal. Some LEPCs accept electronic data prepared using Tier2 Submit. Other LEPCs and all fire departments require paper copies of forms (Tier II Instructions, available at http://denr.sd.gov/des/gw/SARATitleIII/Sara_Title_III.aspx).



http://epa.ohio.gov/dapc/serc/invforms.aspx

http://denr.sd.gov/des/gw/SARATitleIII/Sara_Title_III.aspx

please review


Tennessee

Air Quality—New Source Performance Standards: Information on the state’s NSPS program was reviewed and updated (Rule 1200-03-16).

Air Quality—Risk Management Program: Information on the state’s RMP was reviewed and updated. Additional details were added on state requirements for facilities to file an accidental release plan and to annually certify in writing to the state that they are properly following their accidental release plan (Rule 1200-03-32.03(1)).

Solid Waste—Overall Solid Waste Management Requirements: The solid waste permit-by-rule citation has been updated (Rule 0400-11-01-.02(2)).

Solid Waste—Solid Waste Landfills: Minor changes were made to the land disposal facility location restrictions to add scenic rivers to the location criteria (Rule 0400-11-01-.04(2)).

Texas

Operator Certification—Operator Duties and Responsibilities: Responsibilities for operators of wastewater collection systems and domestic wastewater treatment facilities have been added (30 TAC 30.350).

Utah

Hazardous Materials—Reporting of Chemical Inventories: Utah encourages the use of electronic reports prepared using EPA’s Tier2 Submit software and submitted via email (Tier II Supplemental Guidance Document, available from www.superfund.utah.gov/t2home.htm).

Vermont

Hazardous Waste—Waste Classification: Requirements for petroleum-contaminated soil have been revised and no longer apply to contaminated media and debris. Also, revisions were made to the requirements that must be met for a commercial chemical product that is a fuel to be exempt (DEC Rules, Ch. 7, Sec. 7-203(p) and 7-204).

Hazardous Waste—Hazardous Waste Generators: Vermont has updated the requirements for emergency information posted by small quantity generators or included in contingency plans so that the cellular phone number of the emergency coordinator(s) must be included. The state has also clarified requirements for cleanup debris and residues that are hazardous waste. In addition, generator closure requirements have been revised to specify that a Pre-closure Notification Form must be submitted but a closure plan is no longer required. Finally, Vermont has incorporated by reference the federal Alternative Requirements for Eligible Academic Entities contained in 40 CFR 262 Subpart K, but with some differences (DEC Rules, Ch. 7, Sec. 7-306, 7-307, and 7-308).

Hazardous Waste—Hazardous Waste Transporters: Vermont has clarified training requirements for transporters and has made minor revisions to transfer facility requirements to reflect that container off-loading operations must have written approval from DEC before commencing operations (DEC Rules, Ch. 7, Sec. 7-409).



http://www.superfund.utah.gov/t2home.htm


please review


Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Facilities that receive recyclable materials, stage such materials for no more than three days, and recycle them without storing them, must now meet large quantity generator and financial assurance requirements (DEC Rules, Ch. 7, Sec. 7-606).

Hazardous Waste—Used Oil: Used oil that is to be burned for energy recovery in small fuel burning equipment must meet additional requirements to be exempt (DEC Rules, Ch. 7, Sec. 7-804(g) and S7-812(a)(1)).

Hazardous Waste—Universal Wastes: Vermont has clarified that owners or operators of facilities that treat mercury-containing lamps using drum-top crushing equipment are subject to certification, as such activity is considered treatment (DEC Rules, Ch. 7, Sec. 7-912).

Washington

Air Quality—New Source Performance Standards: Information on the state’s NSPS program was reviewed and updated regarding the Washington Energy Facility Site Evaluation Council’s implementation of NSPS requirements for energy facilities (WAC 463-78-115).

Air Quality—Risk Management Program: Information on Washington’s RMP was reviewed and updated in order to remove outdated information that referred to the Office of Compliance Assistance for non-enforcement assistance.

West Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated Marshall and Ohio Counties as attainment for the annual PM-2.5 standard effective September 30, 2013. In addition, Wood County and part of Pleasants County (Tax District of Grant) were redesignated as attainment for the annual PM-2.5 standard effective September 12, 2013 (40 CFR 81.349).

Air Quality—New Source Performance Standards: Information on the West Virginia’s NSPS program was reviewed, and information on the incorporation by reference of federal rules was updated (45 CSR 16-1).

Wastewater—Process Wastewater Discharges: References to the current authorized state general permits for process wastewater discharges have been updated (47 CSR 10-13.6).

Wastewater—Storm Water Discharges: References to the current authorized state general permits for storm water discharges have been updated (47 CSR 10-13.6).



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new & noteworthy


On June 10, 2010, EPA established a new 1-hour sulfur dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS) of 75 parts per billion (ppb). EPA’s final rule (78 FR 47191), effective October 4, 2013, made initial nonattainment designations for 29 areas where existing data indicate a violation of the 1-hour standard. EPA will issue designations for all other areas in future actions. The Air Quality section of the State Regulatory Differences Guides and Checklists has been updated to include the initial designations.

The Solid Waste section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of the “Electronic Wastes” material in the Solid Waste module in Environmental Auditing: Federal Compliance Guide.





R E L E A S E 13 0 – N O V E M B E R 2 0 13








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Alabama

Solid Waste—Solid Waste Recycling: Citations for the definitions of “materials recovery facility” and “recovered materials processing facility” have been updated as a result of regulatory changes (335-13-1-.03).

Arkansas

Hazardous Materials—Reporting of Chemical Inventories: The state requires Tier II reports to be submitted via a CD or a zip file—paper copies are not accepted. The state will forward information to LEPCs and fire departments, so the one submission satisfies all reporting requirements (Tier II letter at http://www.adem.arkansas.gov/ADEM/Divisions/Preparedness/HazMatRep/index.aspx).

Arizona

Pesticides—State Licensing: The list of additional licensing categories was updated (R3-3-120).

Pesticides—Structural Pest Control: Arizona has amended its regulations for structural pest control (R4-29).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: San Diego County was redesignated as attainment for the 1997 8-hour ozone standard effective July 5, 2013. Also, the South Coast Air Basin (Riverside, Los Angeles, Orange, and San Bernardino Counties) was redesignated to attainment for the PM-10 standard effective July 26, 2013 (40 CFR 81.305).

Colorado

Air Quality—New Source Performance Standards: Information on Colorado’s New Source Performance regulations was reviewed and has been expanded to include additional information (5 CCR 1001-8).

Pesticides—State Licensing: Category numbers were added to the pesticide classifications for private, agricultural, ornamental, and structural applicators (8 CCR 1203-2, Sections 2.60, 8.01, 9.01, and 10.01).



http://www.adem.arkansas.gov/ADEM/Divisions/Preparedness/HazMatRep/index.aspx

please review


Pesticides—Miscellaneous State Requirements: Private applicators are exempt from the requirement to maintain the pesticide container at the site of the pesticide application. Although applicators must have all associated labelling for the container on site, Endangered Species Protection Bulletins do not need to be kept on site (8 CCR 1203-2, Section 7.05).

Solid Waste—Overall Solid Waste Management Requirements: Each solid waste site and disposal facility must amend its waste characterization plan to include waste acceptance procedures designed to minimize the disposal of residentially generated electronic devices, used lead-acid batteries, used oil, and waste tires (6 CCR 1007-2, Part 1, Section 16.6).

Solid Waste—Waste Tires: Colorado has revised the reporting and storage requirements for waste tire monofills, processors, end-users, and collection facilities. Changes have also been made to the rules for residentially generated waste tires (6 CCR 1007-2, Part 1, Section 10).

Solid Waste—Other Solid Wastes: Waste grease management rules were revised to remove yellow grease from the definition of waste grease. In addition, the rules for residentially generated used lead-acid batteries and used oil (formerly the motorized equipment wastes rule) have been amended (6 CCR 1007-2, Part 1, Section 1.2 and 6 CCR 1007-2, Part 1, Section 16).

Solid Waste—Electronic Wastes: Colorado has established a prohibition on land disposal of residentially generated waste electronic devices (6 CCR 1007-2, Part 1, Section 16).

Connecticut

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (RCSA 22a-416-1 and RCSA 22a-416-6(b)).

Florida

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Florida for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.310).

Air Quality—New Source Performance Standards: Information on Florida’s New Source Performance regulations was reviewed and updated (FAC 62-204.800(b)).

Air Quality—Risk Management Program: Information on Florida’s Risk Management Program regulations was reviewed and updated (FS 252 Part IV).

Georgia

Air Quality—New Source Performance Standards: A citation in Georgia’s New Source Performance regulations was updated (391-3-1-.02(8)).



please review


Solid Waste—Solid Waste Landfills: Georgia has established new requirements for inert waste landfills and has revised the state’s solid waste rules to provide regulatory oversight for inert waste landfills (391-3-4-.07).

Hawaii

Pesticides—All Subsections: All pesticide information was thoroughly reviewed and updated (HAR 4-66).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Illinois for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.314).

Air Quality—New Source Performance Standards: On and after January 1, 2014, certain hospital/medical/infectious waste incinerators (HMIWI) are subject to the emissions limits under 35 IAC 229.125(c) or 35 IAC 229.126(c) instead of the New Source Performance Standards in 40 CFR 60 Subpart Ec (35 IAC 229.110(h)).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Indiana for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013. In addition, the Indianapolis area (Hamilton, Hendricks, Johnson, Marion, and Morgan Counties) was redesignated as attainment for the annual PM-2.5 standard effective July 11, 2013 (40 CFR 81.315).

Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: Indiana has adopted new regulations for lead-acid battery retailers, wholesalers, reclamation facilities, intermediate storage facilities, and other storage facilities that discard, dispose of, store, or recycle spent lead-acid batteries (329 IAC 3.1-11.1).

Pesticides—State Licensing: Commercial applicator certification Category 14 (agricultural fertilizer material application) was added (355 IAC 4-1-3).

Pesticides—State Restricted-Use Pesticides: The list of products that are restricted-use pesticides was updated to include formulations containing methomyl (357 IAC 1-17-1).

Iowa

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Iowa for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.316).

Kansas

Pesticides—State Licensing: Information on commercial applicator certification categories has been updated (KAR 4-13-3(a)).



please review


Pesticides—Miscellaneous State Requirements: Information on agricultural labeling requirements and experimental use permits was reviewed and updated (KAR 4-1-5 and KAR 4-1-14).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Kentucky for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.318).

Air Quality—New Source Performance Standards: Information on Kentucky’s New Source Performance regulations was reviewed and updated (401 KAR 60).

Air Quality—Risk Management Program: Information on Kentucky’s Risk Management regulations was reviewed and updated (401 KAR 68).

Louisiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Louisiana for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.319).

Solid Waste—Overall Solid Waste Management Requirements: Louisiana added transportation vehicles and municipal or parish collection containers that collect and compact solid waste to the list of solid waste facilities exempt from permitting and clarified that recycling facilities are exempt from permitting if they receive only source-separated recyclables. Three new types of permits have been added: general, regulatory, and closure. Also, the state has adopted a one-year storage limit on solid waste and now requires that permitted facilities submit annual compliance certifications (LAC 33:VII.305, LAC 33:VII.509(B), LAC 33:VII.503, and LAC 33:VII.525).

Solid Waste—Solid Waste Transfer Facilities and Transporters: Regulations for transfer facilities and transporters now specify that inspections of solid waste collection facilities must be performed weekly and records must be maintained for 2 years (LAC 33:VII.507).

Solid Waste—Solid Waste Recycling: Louisiana has added a prohibition on the speculative accumulation of recyclable materials and now requires persons accumulating recyclable materials to demonstrate that speculative accumulation is not occurring (LAC 33:VII.10313).

Massachusetts

Air Quality—New Source Performance Standards: Information on Massachusetts’ New Source Performance regulations was reviewed and updated (310 CMR 7.03 and 310 CMR 7.08).



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Air Quality—Risk Management Program: Information on the state’s Hazardous Materials Processing regulations, which overlap with the federal Risk Management Program rules, has been added (527 CMR 33).

Solid Waste—Other Treatment Technologies: Massachusetts has added new requirements for solid waste composting and conversion operations (310 CMR 16.00).

Solid Waste—Solid Waste Recycling: Massachusetts has added new requirements for recycling operations, including permitting requirements (310 CMR 16.00).

Michigan

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Michigan for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013. Also, Michigan no longer has any nonattainment areas for the either the annual PM-2.5 NAAQS or for the PM-2.5 2006 24-hour NAAQS. Effective August 29, 2013, Livingston, Macomb, Monroe, Oakland, St. Clair, and Washtenaw counties were reclassified as attainment for both the annual PM-2.5 NAAQS and the PM-2.5 2006 24-hour NAAQS, and Wayne county was reclassified as attainment for the PM-2.5 2006 24-hour standard (40 CFR 81.323).

Air Quality—New Source Performance Standards: Information on Michigan’s New Source Performance regulations was reviewed and updated (R 336.1802a).

Pesticides—All Subsections: All information was reviewed and minor corrections were made to regulatory citations (R 285.633 et seq.).

Minnesota

Pesticides—All Subsections: All information was reviewed and out-of-scope and out-of-date information for seed potatoes, noxious weeds, nursery stock, and disposal of plant refuse was removed (MR 1505.0610 – 1505.0750, MR 1505.0770 – 1505.0820, and MR 1505.1300 – 1505.1450).

Mississippi

Air Quality—All Subsections: The citations were revised to reflect the state’s recent codification (11 Miss. Admin. Code Pt 2).

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The information on categorical exclusions no longer includes manufacturing plants with raw materials inputs of less than 50 pounds per hour, and excluded fuel stations may now have individual tanks up to 19,800 gallons (11 Miss. Admin. Code Pt. 2, Ch. 2, R. 2.13(D) and 2.13(E)).



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Hazardous Wastes—All Subsections: The citations were revised to reflect the state’s recent codification (11 Miss. Admin. Code Pt. 3).

Operator Certification—All Subsections: The citations were revised to reflect the state’s recent codification (11 Miss. Admin. Code Pt. 6, Ch. 3).

Solid Wastes—All Subsections: The citations were revised to reflect the state’s recent codification (11 Miss. Admin. Code Pt. 4).

Underground Storage Tanks—All Subsections: The citations were revised to reflect the state’s recent codification (11 Miss. Admin. Code Pt. 5).

Wastewater—All Subsections: The citations were revised to reflect the state’s recent codification (11 Miss. Admin. Code Pt. 6).

Missouri

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Missouri for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.326).

Montana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Montana for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.327).

Hazardous Materials—Toxics Release Inventory Reporting: In April 2013, Montana became a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www2.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange).

Underground Storage Tanks—General Operating Requirements: The text has been revised to clarify that when an inspector notices violations, the owner/operator of the facility must submit a follow up inspection report to DEQ within 7, instead of 30, days of completing the corrective actions (ARM 17.56.309(9)).

Nebraska

Hazardous Materials—Toxics Release Inventory Reporting: In June 2013, Nebraska became a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www2.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange).





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Nevada

Air Quality—New Source Performance Standards: Information on New Source Performance standards has been revised to update the incorporation by reference of federal standards by the Department of Environmental Protection, Clark County, and Washoe County (NAC 445B.221(6)).

Air Quality—Risk Management Program: Additional details on Nevada’s Chemical Accident Prevention Program (CAPP) regulations have been added (NAC 459.952 – 459.95524).

New Hampshire

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for New Hampshire for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.330).

New Jersey

Air Quality—Risk Management Program: Information on New Jersey’s chemical accident prevention regulations, adopted to implement its Toxic Catastrophe Prevention Act, has been updated (NJAC 7:31).

New Mexico

Air Quality—New Source Performance Standards: New Mexico’s incorporation by reference of federal New Source Performance Standards has been updated (NMAC 20.2.77.9 and NMAC 20.11.63).

New York

Air Quality—New Source Performance Standards: New York’s incorporation by reference of federal New Source Performance Standards has been updated (6 NYCRR 200.10(b)).

Operator Certification—Applicability and Definitions: Key definitions have been added, and applicability information has been updated (6 NYCRR 650.1 and 650.2).

Operator Certification—Classification of Operators: Operator classifications for wastewater treatment plants have been added (6 NYCRR 650.4(b)).

Operator Certification—Certification and Renewal: The requirement for operator applicants to take and pass an examination as a condition of certification has been added (6 NYCRR 650.9(b)).

Operator Certification—Operator Duties and Responsibilities: Responsibilities for chief operators and assistant/shift operators have been added (6 NYCRR 650.4(a)).



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Pesticides—State Licensing: The list of persons exempt from full certification as a pesticide applicator was updated (6 NYCRR 325.7(a)).

Underground Storage Tanks—Applicability and Scope: Key definitions and applicability requirements for hazardous substance USTs and petroleum USTs have been added (6 NYCRR 596.1, 6 NYCRR 612.1, 6 NYCRR 613.1, and 6 NYCRR 614.1(b)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Clarifications have been made to the requirements that apply to petroleum USTs that are new or substantially modified on and after July 3, 2002 (6 NYCRR 614).

Underground Storage Tanks—General Operating Requirements: Clarifications have been made to the requirements that apply to petroleum USTs that are new or substantially modified on and after July 3, 2002 (6 NYCRR 614).

Underground Storage Tanks—Release Detection: Clarifications have been made to the requirements that apply to petroleum USTs that are new or substantially modified on and after July 3, 2002 (6 NYCRR 614).

North Carolina

Air Quality—New Source Performance Standards: The incorporation by reference of federal New Source Performance Standards by NCDENR, Forsyth County, Mecklenburg County, and Western North Carolina Regional Air Quality Agency has been updated (15A NCAC 02D.0524).

Air Quality—Risk Management Program: Mecklenburg County has now been delegated authority to implement the federal Risk Management Program and has incorporated the federal requirements by reference into its regulations (Mecklenburg County Air Pollution Control Ordinance [MCAPCO] Sec. 2.2100).

North Dakota

Hazardous Materials—Toxics Release Inventory Reporting: In May 2013, North Dakota became a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www2.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Ohio for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013. Also, Washington and Belmont counties were redesignated to attainment for the PM2.5 annual NAAQS effective August 29, 2013 (40 CFR 81.336).




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Air Quality—New Source Performance Standards: Ohio’s incorporation by reference of federal New Source Performance Standards has been updated (OAC 3745-31-01).

Air Quality—Risk Management Program: Additional details on Ohio’s Risk Management Program rules have been added, including requirements for confidential information, submission of risk managements plans, and annual fees (OAC 3745-104).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Ohio has revised its rules for the management of infectious wastes (OAC 3745-27).

Solid Waste—Other Solid Wastes: Ohio has revised its rules for construction and demolition debris facilities. Key changes include the addition of new requirements for leachate sampling and analysis (OAC 3745-400).

Solid Waste—Other Treatment Technologies: Ohio has adopted new regulations for composting facilities, and the previous rules have been repealed (OAC 3745-560).

Oklahoma

Drinking Water—Water Quality Standards: Oklahoma has updated its drinking water standards to incorporate by reference the federal drinking water standards (40 CFR 141 and 143) promulgated through July 1, 2012 (OAC 252:631-1-3).

Pesticides—All Subsections: Citations were revised to match recent regulatory changes (OAC 35:30-17).

Pesticides—Miscellaneous State Requirements: The list of counties banning applications of 2,4-D-type herbicides from May to October was updated (OAC 35:30-17-24.1).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Pennsylvania for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.339).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Tennessee for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.343).

Texas

Air Quality—New Source Performance Standards: Texas’ incorporation by reference of the federal New Source Performance Standards has been updated (30 TAC 101.20).



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Drinking Water—Cross-Connection Control and Backflow Prevention: Texas revised its drinking water regulations to specify that backflow prevention assembly testers must be licensed rather than “certified” (30 TAC 290.44).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been clarified (30 TAC 30.331 and 30 TAC 30.337).

Operator Certification—Classification of Wastewater Systems: Classification details of domestic wastewater treatment facilities and wastewater collection systems have been added (30 TAC 30.350).

Operator Certification—Classification of Operators: Operator classifications for wastewater collection system have been added (30 TAC 30.350(m) and 30.350(n)).

Operator Certification—Certification and Renewal: Reciprocity requirements for operators certified in another state, registration requirements for wastewater system operations company, and the 3-year terms that operator licenses and registrations are issued for have been added along with the requirements for certificates of competency or registration issued before January 1, 2002 (30 TAC 30.18, 30 TAC 30.24, 30 TAC 30.26, 30 TAC 30.331(f), 30 TAC 30.346, and 30 TAC 30.348).

Operator Certification—Operator Duties and Responsibilities: Responsibilities for operators of wastewater collection systems and domestic wastewater treatment facilities have been added (30 TAC 30.350).

Utah

Pesticides—All Subsections: Citations were renumbered to match revisions to the state regulations (R68-7).

Pesticides—Container Management: Container requirements and requirements for secure transport and storage of containers were added (R68-7-13).

Pesticides—Environmental Protection: Requirements specifying that pesticide transport, handling, storage, and application must not cause pollution, damage the environment or nontarget species, injure people, or contaminate schools or hospitals were added (R68-7-13).

Pesticides—State Licensing: Requirements for businesses to obtain licenses, displaying license numbers, and notify customers before applications were added (R68-7-8(A) and R68-7-10).

Pesticides—Special Application Methods: Requirements for fumigation applications were added (R68-7-12).

Pesticides—Structural Pest Control: A requirement to include additional information in records of termiticide applications was added (R68-7-11).



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Vermont

Hazardous Materials—Toxics Release Inventory Reporting: In May 2013, Vermont became a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www2.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange).

Solid Waste—Overall Solid Waste Management Requirements: Vermont has updated the list of facilities that are eligible for a categorical disposal certification (DEC Rules, Ch. 6, Sec. 6-309).

Solid Waste—Other Treatment Technologies: Vermont has revised the regulations applicable to composting facilities. This action revised the rules for medium and large facilities and adopted new rules for animal mortality burial, disposal or composting, and for anaerobic solid waste digesters (DEC Rules, Ch. 6, Sec. 6-1103 – 1113).

Virginia

Pesticides—All Subsections: All the regulations were renumbered to reflect their move to the Department of Agriculture and Consumer Services (2 VAC 5-670 – 5-685).

Pesticides—State Licensing: Surveyors of gypsy moths or cotton boll weevils have been added to the list of people exempt from requiring pesticide certification (2 VAC 5-685-60).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Virginia has repealed the requirement for transporters of medical waste to register with the Department of Environmental Quality (9 VAC 20-120-480).

Underground Storage Tanks—Financial Responsibility: Virginia has added a certificate of deposit (CD) as an acceptable mechanism to demonstrate financial responsibility for owners or operators of USTs (9 VAC 25-590-105).

Washington

Solid Waste—Solid Waste Landfills: Requirements for municipal solid waste landfills have been reviewed and updated (WAC 173-351).

Solid Waste—Solid Waste Transfer Facilities and Transporters: Requirements established by the Washington Utilities and Transportation Commission for solid waste collection have been added (WAC 480-70).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Requirements established by the Washington Utilities and Transportation Commission for collecting, transporting and disposing of biomedical waste have been added (WAC 480-70).

West Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for West Virginia for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.349).




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Wisconsin

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has made initial designations for Wisconsin for the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Several areas were designated as nonattainment for the 2010 SO2 NAAQS, effective October 4, 2013 (40 CFR 81.350).

Air Quality—New Source Performance Standards: Wisconsin’s incorporation by reference of federal New Source Performance Standards has been updated (NR 440).

Solid Waste—Other Treatment Technologies: Wisconsin has revised the regulations applicable to yard, farm, food residuals, and source-separated compostable material composting facilities (NR 502.12).





Environmental Auditing: Federal Air Quality MACT Standards for Site Remediation provides audit checklists for the air quality management rules in 40 CFR Part 63.7882 specific to each new, reconstructed, or exisiting “affected source” for site remediation. Affected sources include process vents, remediation material management units, and equipment leaks. Available format: online.










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new & noteworthy


The Oil Spill Prevention and Aboveground Storage Tank section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to remove coverage for Rulebook A, “General Requirements and SPCC Plans Pre-2002” of the Oil and Petroleum module in Environmental Auditing: Federal Compliance Guide, as, effective May 10, 2013, no facilities are subject to the pre-2002 SPCC regulations.





MACT Standards: Industry Specific Audit GuidesIn these new products, available for purchase with Environmental Auditing: Federal Compliance Guide (EAF) or Environmental Auditing: Integrated California and Federal Compliance Guide (EACF), there are six different industry specific areas that you can choose from. We offer coverage for organic chemical manufacturing, inorganic chemical manufacturing, coating industry operations, pesticide active ingredient production, hazardous waste combustors and site remediation.

To request a demo or to add to your current subscription, call Roxane Wagar at 1-800-251-0381 or e-mail [email protected].

new

R E L E A S E 12 9 – A U G U S T 2 0 13












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Alabama

Pesticides: The state has clarified that pesticides deposited by aircraft are only banned within 400 feet of occupied churches (80-1-14-.07(8)).

Alaska

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Mendenhall Valley area of Juneau was redesignated as attainment for the PM-10 National Ambient Air Quality Standard effective July 8, 2013 (40 CFR 81.302).

Pesticides: Public notice must be given before a public pesticide program affecting the property of two or more people begins (18 AAC 90.500 et seq.).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Alaska has amended its regulations regarding compatibility, location, triennial inspections, dispensers and UST systems replaced or installed after July 25, 2012 (18 AAC 78.005(g), 18 AAC 78.017, and 18 AAC 78.025).

Underground Storage Tanks—General Operating Requirements: Delivery prohibition requirements and recordkeeping and reporting requirements that apply to UST operators have been added (18 AAC 78.008 and 18 AAC 78.018).

Underground Storage Tanks—Closure and Out-of-Service USTs: Alaska has added a requirement to submit the Taken Out of Service or Temporary Closure form and the Empty Tank Affidavit form to ADEC prior to taking a UST temporarily out of service (18 AAC 78.080(a), 18 AAC 78.080(c), and 18 AAC 78.015(d)).

Underground Storage Tanks—Certification: Alaska has added training deadlines and requirements for Class A, B, and C operators (18 AAC 78.008).

California

Hazardous Waste—Hazardous Waste Generators: California has updated the regulations for waste minimization plans and for tank systems that are disposed, reclaimed, or closed in place to revise the term Environmental Assessor. This action removes the word “registered” from this term to reflect the fact that California repealed its Registered Environmental Assessor program. It also revises the definition of environmental assessor to mean an environmental professional as defined in 40 CFR 312.10 (22 CCR 67100.1 and 22 CCR 67383.3).



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Hazardous Waste—Universal Wastes: California has adopted new regulations that implement the Mercury Thermostat Collection Act of 2008, requiring former manufacturers of mercury-added thermostats to establish a thermostat collection program and pay the costs of transporting and recycling of mercury thermostats. It also establishes requirements for contractors and others who deliver thermostats to manufacturer-sponsored collection locations (22 CCR 66274.1 – 66274.8).

Colorado

Hazardous Waste—Waste Classification: Colorado has added hazardous waste listing K903 for hydrolysate, defined as the waste generated from the chemical neutralization of mustard agent with water, to the list of hazardous waste in Section 261.32 (Hazardous Waste from Specific Sources, Military Munitions). In addition, the state has clarified that any person conducting recycling must be able to demonstrate that the recycling is legitimate, and any person claiming that a waste is not a solid waste or that a waste is conditionally exempt from regulation must be prepared to demonstrate that the conditions for the exclusion are being met, regardless of whether or not CDPHE is pursuing an enforcement action (6 CCR 1007-3, Section 261.32 and 6 CCR 1007-3, Section 261.2).

Hazardous Waste—Hazardous Waste Generators: Colorado has clarified its notification requirements to require any person who generates any hazardous wastes to file an updated Colorado Hazardous Waste Notification Form with CDPHE whenever their generator status, location, and/or general description of their activities change (6 CCR 1007-3, Section 99).

Hazardous Waste—Hazardous Waste Transporters: Colorado has clarified its notification requirements to require any person who transports hazardous wastes to file an updated Colorado Hazardous Waste Notification Form with CDPHE whenever their location and/or general description of their activities change (6 CCR 1007-3, Section 99).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Colorado has clarified its notification requirements to require any person who owns or operates a facility for treatment, storage, or disposal of any hazardous wastes to file an updated Colorado Hazardous Waste Notification Form with CDPHE whenever their location and/or general description of their activities change (6 CCR 1007-3, Section 99).

Underground Storage Tanks—Applicability and Scope: All citations have been changed as a result of the state reformatting the UST regulations. The definitions of “fuel products” and “motor fuel” have been added along with the requirement for deferred UST systems to comply with corrosion protection and release response requirements (7 CCR 1101-14, Sections 1-5 and 2-1-1(c)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: All citations have been changed as a result of the state reformatting the UST regulations. The state has clarified when an application must be submitted for installing a new UST system or upgrading a UST system and has added a requirement as to when notification must be made upon installation of a UST system (7 CCR 1101-14, Sections 2-2-2-1(b) and 2-2-2-3).



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Underground Storage Tanks—General Operating Requirements: All citations have been changed as a result of the state reformatting the UST regulations. Colorado has amended its regulations to provide conditions under which a red tag may be removed from an emergency generator. It has also added recordkeeping requirements for tanks that are emptied and monthly inspection checklists (7 CCR 1101-14, Sections 6-2-7 and 6-2-3-5-1(c)).

Underground Storage Tanks—Release Detection: All citations have been changed as a result of the state reformatting the UST regulations. The conditions under which product inventory control and manual tank gauging can each be utilized as the sole method of release detection have been added (7 CCR 1101-14, Section 2-3-4-2).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: All citations have been changed as a result of the state reformatting the UST regulations. The regulations have been revised to specify the quantity of regulated substance that must be spilled before reporting is required, to add suspected release conditions that must be reported, and to specify when system test results and site check results must be submitted (7 CCR 1101-14, Article 4).

Underground Storage Tanks—Release Response and Corrective Action: Colorado has added a quarterly monitoring and reporting program and a requirement to contact OPS if the use of the property has been changed to exclude dispensing petroleum products. The state’s new regulations also provide an opportunity to obtain a No Further Action determination and require the repair, replacement, or upgrade of the portion of a petroleum storage tank that has leaked (7 CCR 1101-14, Article 5).

Underground Storage Tanks—Closure and Out-of-Service USTs: All citations have been changed as a result of the state reformatting the UST regulations. In addition, the state has added requirements for USTs permanently closed in place and a requirement that corrosion protection records must be submitted to OPS when placing a UST back in service (7 CCR 1101-14, Sections 2-1-2, 2-4-1, and 2-4-2).

Underground Storage Tanks—Certification: All citations have been changed as a result of the state reformatting the UST regulations (7 CCR 1101-14, Section 2-3-1).

Florida

Hazardous Waste—Hazardous Waste Generators: Florida has repealed the portion of its compliance assistance pilot program (CAPP) rules that addressed solid and hazardous wastes generated during the act or process of repairing or modifying the mechanical components of automobiles and/or light trucks. The state has also removed a requirement that prohibited SQGs from accumulating wastes for up to 270 days if they must transport their waste for 200 miles or more to a treatment, storage, or disposal facility (FAC 62-730.150 and FAC 62-730.160).

Hazardous Waste—Hazardous Waste Transporters: Florida has made minor changes and clarifications to the regulations that require transporters to verify their evidence of financial responsibility (FAC 62-730.170).

Hazardous Waste—Used Oil: Florida has made minor clarifications to the rules for used oil generators and transporters to delete unnecessary subsections, to clarify and ensure



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internal consistency within the rules, and to make amendments that clarify and simply the rules (FAC 62-710.300, 62-710.500, and 62-710.600).

Hazardous Waste—Universal Waste: Florida has revised the regulations for labeling containers and tanks accumulating waste pharmaceuticals, requiring records to be kept of what is going into each container sufficient to allow safe handling and proper disposal of the waste pharmaceuticals. In addition, the state no longer requires waste codes to be included on the label (FAC 62-730.186).

Idaho

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Bonner County (Sandpoint area) was redesignated as attainment for the PM-10 National Ambient Air Quality Standard effective June 3, 2013 (40 CFR 81.313).

Pesticides: The information was re-arranged in a different format. Idaho has added the “soil fumigation” (SF) as another licensing category for private applicators (IDAPA 02.03.03.050(02)).

Illinois

Solid Waste—Solid Waste Landfills: Financial assurance requirements for closure, post closure, and corrective action at waste disposal sites has been added (35 IAC 811.700 – 811.720).

Solid Waste—Other Solid Wastes: Illinois has revised the requirements for transporters of special waste to extend the duration of the special waste hauling permit from one year to three years. The state has also added requirements for clean construction or demolition debris (CCDD) and uncontaminated soil fill operations (35 IAC 809.212 and 35 IAC 1100).

Underground Storage Tanks—Release Detection: Effective April 4, 2013, Illinois amended its release detection regulations for piping connected to USTs supplying emergency power generators to require a local alarm for release detection in lieu of fuel shutoff or flow restrictors (41 IAC 175.640).

Indiana

Solid Waste—Biohazardous, Infectious, and Medical Wastes: The Indiana State Department of Health regulations for infectious wastes have been added (410 IAC 1-3).

Iowa

Wastewater—Process Wastewater Discharges: Updated information about state general discharge permits currently in effect has been provided (567 IAC 64.4(2)).

Wastewater—Storm Water Discharges: Updated information about state general permits currently in effect for discharge of storm water has been provided (567 IAC 64.4(2)(a)(1)).



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Kansas

Wastewater—Process Wastewater Discharges: Updated information about state general discharge permits currently in effect has been provided (KAR 28-16-28).

Wastewater—Storm Water Discharges: Updated information about state general permits currently in effect for discharge of storm water has been provided (KAR 28-16-28).

Maryland

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been clarified (COMAR 26.06.01.01 and COMAR 26.06.01.05(A)).

Operator Certification—Classification of Operators: Operator and superintendent classifications for industrial wastewater works, wastewater treatment plants, and wastewater collection systems have been added (COMAR 26.06.01.04(A) – 26.06.01.04(C)).

Operator Certification—Certification and Renewal: Reciprocity requirements for operators certified in another state have been have been added, along with the requirement for superintendents to be certified (COMAR 26.06.01.05(C) and COMAR 26.06.01.11).

Operator Certification—Operator Duties and Responsibilities: Responsibilities for operators of wastewater collection systems and the legal entities that operate industrial wastewater works or wastewater treatment plant have been added (COMAR 26.06.01.05(B)).

Wastewater—Process Wastewater Discharges: Updated information about state general discharge permits currently in effect has been provided (COMAR 26.08.04.08(B)(2) and COMAR 26.08.04.09).

Wastewater—Storm Water Discharges: Updated information about state general permits currently in effect for discharge of storm water has been provided (COMAR 26.08.04.08(B)(2) and COMAR 26.08.04.09).

Michigan

Solid Waste—Other Treatment Technologies: Michigan has rescinded a rule that allowed composting of yard clippings at locations other than composting facilities when certain conditions were met and that set the criteria by which yard clippings were considered to be site- or source-separated for purposes of composting (299.4120).



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Minnesota

Solid Waste—Solid Waste Landfills: Minnesota has revised the financial assurance requirements for solid waste land disposal facilities. In addition, the state established additional siting requirements for applicants after January 1, 2011, for a solid waste land disposal facility permit that is not a contiguous expansion of a permitted facility or a noncontiguous expansion within 600 yards of a permitted facility (MR 7035.2525 and MR 7001.3111).

Missouri

Pesticides: The information was re-arranged in a different format. In addition, the requirements on financial responsibility were updated to match changes to the regulations (2 CSR 70-25.065(1)).

Wastewater—Process Wastewater Discharges: Updated information about state general discharge permits currently in effect has been provided (10 CSR 20-6.010(13)(A)(2)).

Wastewater—Storm Water Discharges: Updated information about state general permits currently in effect for discharge of storm water has been provided (10 CSR 20-6.200(6)).

Montana

Pesticides: The information was re-arranged in a different format. The state has also added a the certification category of “aerial” (ARM 4.10.202(3)(n)).

Wastewater—Process Wastewater Discharges: Updated information about state general discharge permits currently in effect has been provided (ARM 17.30.134(1)).

Wastewater—Storm Water Discharges: Updated information about state general permits currently in effect for discharge of storm water has been provided (ARM 17.30.1105).

Nevada

Pesticides: The material was updated to include revised fumigation requirements regarding warning signs, sealing the area, and materials required to be kept on site (NAC 555.510(3)) and to remove the category of “regulatory pest control” for commercial applicators (NAC 555.620(1)).

New Jersey

Solid Waste—Electronic Wastes: New Jersey has adopted regulations to implement the Electronic Waste Management Act, which establishes a recycling system for the safe and environmentally sound management of covered electronic devices and components, including televisions. It also establishes requirements for manufacturers and retailers of these covered electronic devices (NJAC 7:26A-13).



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North Dakota

Pesticides: The information was re-arranged in a different format. The material was updated to reflect recent regulatory changes, including the renaming of some certification classes, requirements for applicators to complete records within 24 hours, and additional requirements regarding construction, inspection, and repair of permanent storage areas and associated appurtenances (60-03-01).

Ohio

Hazardous Waste—Hazardous Waste Generators: Ohio has revised the hazardous waste reporting requirement for hazardous waste generators by changing the Hazardous Waste Report from an annual report to a biennial report (OAC 3745-52-41).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Ohio has revised the hazardous waste reporting requirement for hazardous waste treatment, storage, and disposal facilities by changing the Hazardous Waste Report from an annual report to a biennial report (OAC 3745-54-75).

Pesticides: The information was re-arranged in a different format. In addition, the requirements for bulk pesticide storage were updated to reflect recent state changes, including the addition of specific requirements for bulk pesticide facilities with containers for dry bulk pesticides, as well as requirements to minimize leaks by making prompt repairs and using properly designed, constructed, and secondarily contained appurtenances (OAC 901:5-11-11(A)).

Oregon

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Eugene-Springfield portion of the Portland Interstate Air Quality Control Region 193 was redesignated as attainment for the PM-10 National Ambient Air Quality Standard effective June 10, 2013 (40 CFR 81.338).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (OAR 340-049-0010 and OAR 340-049-0015).

Operator Certification—Classification of Wastewater Systems: Oregon added a new classification for wastewater systems on March 1, 2013— “small wastewater systems” (OAR 340-049-0020(1)).

Operator Certification—Classification of Operators: A new operator classification took effect on March 1, 2013, for “small wastewater systems operator” (OAR 340-049-0030(1)).

Operator Certification—Certification and Renewal: Reciprocity requirements for operators certified in another state or province have been have been added (OAR 340-049-0050).



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Operator Certification—Operator Duties and Responsibilities: The state has amended the requirement that provides additional time to replace an operator when a wastewater system has no supervisor for more than 30 days (OAR 340-049-0015(10)).

Pesticides: The information was re-arranged in a different format. The general competency standards for pesticide applicators (OAR 603-057-0120) were updated, the “apprentice” licensing classification (OAR 603-057-0127) was added, and requirements for thiram were removed because EPA cancelled the use of the product (OAR 603-057-0300). Additional licensing details for private applicators were also added (OAR 603-057-0135).

Pennsylvania

Pesticides: The information was re-arranged in a different format. In addition, a number of small changes were made to update the material, including the addition of certification categories and requirements for pesticide applicators and technicians to have knowledge and training related to pesticide safety and security (7 Pa. Code 128).

South Carolina

Pesticides: The information was re-arranged in a different format. In addition, the number of continuing certification units required by a commercial applicator was revised to indicate that the number and type of such CCUs depends on the license categories held, and information about the requirements and prohibitions for commercial applicators with inactive licenses was added (R.27-1078(N) and R.27-1078(O)).

Texas

Hazardous Waste—Waste Classification: Texas has incorporated the federal exclusions from the hazardous waste rules for hazardous secondary materials and for comparable fuels (30 TAC 335.1).

Hazardous Waste—Hazardous Waste Generators: Texas has adopted the alternative standards for hazardous waste determination and accumulation for academic entities, as specified in 40 CFR 262 Subpart K (30 TAC 335.79).

Pesticides: The information was re-arranged in a different format. In addition, right-of-way pest control was added as a certification category (4 TAC 7.21(c)) and the list of counties that have special provisions was updated to remove Brexar and add Moore (4 TAC 7.52).

Virginia

Hazardous Waste—Hazardous Waste Transporters: Virginia has removed the annual report requirement for transporters of hazardous waste (9 VAC 20-60-430).



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Washington

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Washington has added spill notification requirements for discharges or a substantial threat of a discharge from a vessel (WAC 173-182-262).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Washington amended its oil spill contingency plan regulations to incorporate best achievable protection and best available technology; to improve the state’s current vessels of opportunity system; to change contingency plan requirements for nonprofit “umbrella” organizations; and to make other changes related to oil spill contingency plans and Ecology’s contingency plan review and approval process (WAC 173-182).

Wisconsin

Pesticides: The information was re-arranged in a different format. In addition, the material was updated to reflect recent minor regulatory changes (ATPC 29 – 35).















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new & noteworthy


The Air Quality section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to reflect, as applicable, the numerous updates made to Rulebook C-17, “40 CFR 63 Subpart DDDDD—MACT Standards for Industrial, Commercial and Institutional Boilers and Process Heaters at Major Sources of HAP Emissions” and Rulebook C-18, “40 CFR 63 Subpart JJJJJJ—MACT Standards for Industrial, Commercial and Institutional Boilers at Area Sources of HAP Emissions” of the Air Quality module in Environmental Auditing: Federal Compliance Guide.





MACT Standards: Industry Specific Audit GuidesIn these new products, available for purchase with Environmental Auditing: Federal Compliance Guide (EAF) or Environmental Auditing: Integrated California and Federal Compliance Guide (EACF), there are six different industry specific areas that you can choose from. We offer coverage for organic chemical manufacturing, inorganic chemical manufacturing, coating industry operations, pesticide active ingredient production, hazardous waste combustors and site remediation.

To request a demo or to add to your current subscription, call Roxane Wagar at 1-800-251-0381 or e-mail [email protected].

new

R E L E A S E 12 8 – M AY 2 0 13















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Alabama

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Jefferson and Shelby Counties and part of Walker County were redesignated as attainment for the PM2.5 annual National Ambient Air Quality Standard (NAAQS) effective January 22, 2013. In addition, these areas were redesignated as attainment for the PM2.5 2006 24-hour NAAQS effective January 25, 2013 (40 CFR 81.301).

Hazardous Waste—Waste Classification: Alabama has not yet adopted the federal exclusion for hazardous secondary materials that are being reclaimed as specified in 40 CFR 261.4(a)(23) – 261.4(a)(25) (335-14-2).

Hazardous Waste—Hazardous Waste Generators: A citation for the conditionally exempt small quantity generator regulations has been updated (335-14-1-.02(43)).

Hazardous Waste—Used Oil: Alabama has amended the used oil rules to require that used oil transfer facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water that could threaten human health or the environment (335-14-17-.05(7)(b)).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Alabama has moved its medical waste regulations to a new section of the regulations, so all citations have been updated. The state also made a number of amendments to the regulations (335-17-1 – 335-17-8).

Alaska

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Eagle River area of Anchorage was redesignated as attainment for the PM10 National Ambient Air Quality Standard (NAAQS) effective March 8, 2013 (40 CFR 81.302).

California

Hazardous Waste—Waste Classification: An exclusion has been added to specify that cathode ray tube (CRT) panel glass that meets certain criteria is not a hazardous waste and may be disposed of in a Class II or Class III solid waste landfill provided that the CRT panel glass is managed prior to disposal in accordance with specific requirements (22 CCR 66261.4).

Hazardous Waste—Universal Waste: California has amended its universal waste regulations to expand the options for the disposition of cathode ray tubes (CRTs) and CRT glass. The amended regulations allow a universal waste handler to take advantage



please review


of exclusions from regulation as a hazardous waste and also provide new notification, reporting, and recordkeeping obligations (22 CCR 66273.80 – 66273.91).

Operator Certification—Applicability and Definitions: California has revised its definition of wastewater treatment plant to include privately owned wastewater treatment plants and water recycling treatment plants, effective April 1, 2013 (23 CCR 3671).

Operator Certification—Classification of Wastewater Systems: California has revised wastewater treatment processes, clarified that satellite plants are part of the main wastewater treatment plant, and provided an exemption for Class I WWTPs that could not, due to operator error, violate water quality objectives (23 CCR 3675(a) and 3675(c) and 23 CCR 3677 – 3677.6).

Operator Certification—Classification of Operators: Effective April 1, 2013, the certification level of operators has been amended, and the state has added requirements for the use of provisional operators and lone operators. The state also established a deadline for the staffing of privately owned wastewater treatment plants. Finally, new regulations allow water treatment plant operators to operate water recycling treatment plants (23 CCR 3670.1(b), 23 CCR 3680 – 3680.2, and 23 CCR 3681).

Operator Certification—Certification and Renewal: California has added new requirements for provisional operators and amended its requirements for the certification of operators-in-training, contract operators, and operators effective April 1, 2013 (23 CCR 3682 – 3702.7 and 23 CCR 3719 – 3719.16).

Operator Certification—Operator Duties and Responsibilities: The state has added duties and reporting requirements that apply to the owners of wastewater treatment plants and reporting requirements that apply to operators, provisional operators, operators-in-training, and contract operators (23 CCR 3676, 23 CCR 3677.3, 23 CCR 3682, 23 CCR 3683, and 23 CCR 3719.10).

Solid Waste—Solid Waste Recycling: California has established a mandatory commercial recycling program that requires any business that generates four cubic yards or more of commercial solid waste per week to recycle (14 CCR 18837).

Colorado

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Colorado has transferred its SPCC regulation from 7 CCR 1101-14, Article 3, Section 3-6 to 7 CCR 1101-14, Article 3, Section 3-5. No changes were made to the regulation.

Connecticut

Solid Waste—Solid Waste Recycling: Connecticut has revised its designated recycling regulations which require specific items to be recycled by every municipality. The state has added the following wastes to the list of items that must be recycled: box board, HDPE containers, colored ledger paper, magazines, PET or PETE containers, and residential high-grade white paper (RCSA 22a-241b-1).



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Florida

Operator Certification—Classification of Operators: Florida revised the staffing requirements for domestic wastewater treatment plants effective March 6, 2013 (FAC 62-699.310(2)(a)).

Solid Waste—Solid Waste Landfills: Florida has revised the duration of permits for landfills. Permits are now issued for 5 years, except permits for facilities with leachate control systems may be issued for either 10 or 20 years, and closure permits authorizing only long-term care for landfills may be issued for up to 10 years (FAC 62-701.330(3)).

Solid Waste—Solid Waste Transfer Facilities and Transporters: Florida has revised the information required in a permit application for a waste processing facility (FAC 62-701.710).

Solid Waste—Other Solid Wastes: Florida has repealed the regulations for management of ash residues from solid waste combustors (FAC 62-702).

Solid Waste—Other Treatment Technologies: Florida has repealed the regulations for management of ash residues from solid waste combustors (FAC 62-702).

Solid Waste—Solid Waste Recycling: Florida has repealed portions of the regulations that require registration and reporting by facilities handling recovered materials (FAC 62-722).

Georgia

Hazardous Waste—Waste Classification: Georgia has not yet adopted the federal exclusion for hazardous secondary materials that are being reclaimed as specified in 40 CFR 261.4(a)(23) – 261.4(a)(25) (391-3-11-.07).

Hazardous Waste—Hazardous Waste Generators: Georgia has adopted amendments that require small and large quantity generators to document and retain records of weekly inspections of 90-/180-day accumulation areas and to notify DNR if they cease regulated activities. In addition, the state has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities (391-3-11-.08).

Hazardous Waste—Hazardous Waste Transporters: Transporters are now required to notify DNR within 30 days after commencing activities. Also, any transporter or transfer facility that has ceased all regulated activities must notify DNR (391-3-11-.04).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Treatment, storage, and disposal (TSD) facilities are now required to notify DNR within 30 days after commencing activities. Also, any TSD facility that has ceased all regulated activities must notify DNR (391-3-11-.04).

Hazardous Waste—Used Oil: Used oil transporters, transfer facilities, and processors are now required to notify DNR within 30 days after commencing activities and must also notify DNR after they have ceased all regulated activities. In addition, used oil containers and tanks that are not stored indoors or within impervious secondary containment systems must now be kept closed except to add or remove used oil (391-3-11-.04 and 391-3-11-.17).



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Illinois

Hazardous Waste—Hazardous Waste Transporters: Illinois has repealed the Uniform State Hazardous Waste Transportation Registration and Permit Program regulation (35 IAC 809.910 – 809.921) and has made changes to the special waste hauling rules (35 IAC 809.201 and 35 IAC 809.401).

Pesticides: The information was re-arranged in a different format, and the repealed requirement to obtain avicide permits was deleted (77 IAC 830.880). In addition, information about the notification requirements and fertilizer application restrictions for lawncare applications was added (415 ICLS/65).

Indiana

Underground Storage Tanks—General Operating Requirements: Recordkeeping and signage posting requirements for UST systems required to have Class A, B, and C operators have been added (329 IAC 9-9-3(c)(1) and 329 IAC 9-9-7).

Underground Storage Tanks—Certification: Indiana added training deadlines and requirements for Class A, B, and C operators effective January 17, 2013 (329 IAC 9-9).

Iowa

Hazardous Waste—Waste Classification: Iowa has repealed its hazardous waste regulations in 567 IAC 141. The state is not authorized by EPA to implement its own hazardous waste program, therefore these rules were unnecessary.

Hazardous Waste—Hazardous Waste Generators: Iowa has repealed its hazardous waste regulations in 567 IAC 141.

Hazardous Waste—Hazardous Waste Transporters: Iowa has repealed its hazardous waste regulations in 567 IAC 141.

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Iowa has repealed its hazardous waste regulations in 567 IAC 141, 567 IAC 150, and 567 IAC 151.

Kansas

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Cross-references to the state’s hazardous waste regulations have been updated to reflect changes to the citations (KAR 28-29-27(g)).

Solid Waste—Other Solid Wastes: Cross-references to the state’s hazardous waste regulations have been updated to reflect changes to the citations (KAR 28-29-109(b)).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Huntington-Ashland area (Boyd and part of Lawrence Counties) was redesignated to attainment for the annual PM2.5 National Ambient Air Quality Standard (NAAQS) effective December 26, 2012 (40 CFR 81.318).



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Solid Waste—Petroleum-Contaminated Soils: Kentucky has established requirements for the design, siting, construction, and operation of petroleum-contaminated soil treatment facilities (401 KAR 47:205, 401 KAR 47:207, 401 KAR 48:205, 401 KAR 48:206, 401 KAR 48:207, and 401 KAR 48:208).

Pesticides: The information was re-arranged in a different format. The entire section was also updated, with references to the repealed 302 KAR 29:059 and 302 KAR 31 removed and requirements from 302 KAR 27 – 31 and KRS 217B added.

Maine

Pesticides: The information was re-arranged in a different format. In addition, the Dublois Fish Hatchery was removed from the list of Critical Pesticide Control Areas, trichlorfon was moved from the list of limited-use to restricted-use pesticides, and references to 01-026 CMR 33 (private applicators of general-use pesticides) and 01-026 CMR 26 (for indoor applications at occupied buildings other than schools) were added. The material was also updated to remove the state container refund program (01-026 CMR 21), which has been repealed.

Maryland

Pesticides: The information was re-arranged in a different format. In addition, information on dealer and private applicator licensing was added (COMAR 15.05.01.07 and 15.05.01.13).

Massachusetts

Pesticides: The information was re-arranged in a different format. References to experimental-use permits (333 CMR 7.00), pesticide registration (333 CMR 8.00), and annual reports required for applications of pesticides on the groundwater protection list (333 CMR 12.07) were added. In addition, the regulatory reference for applications at schools and daycares was updated to the more detailed requirements of 333 CMR 14.00.

Michigan

PCBs : Michigan deleted its PCB regulations at R 299.3301 – R 299.3319 after determining that they were obsolete.

Missouri

Hazardous Waste—Hazardous Waste Generators: Additional requirements for importers of hazardous waste have been added, and revisions have been made to the requirements for generator fees, inspections, and storage (10 CSR 25-5.262).



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Nevada

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of Clark County (Las Vegas area) was redesignated as attainment for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) effective February 7, 2013 (40 CFR 81.329).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated (NAC 445A.107, NAC 445A.286, NAC 445A.287(1) and NRS 445A.380 and NRS 445A.425(5)).

Operator Certification—Classification of Wastewater Systems: The requirements for treatment plant classifications have been reviewed and updated (NAC 445A.289(1)).

Operator Certification—Classification of Operators: The requirements for operator classification have been reviewed and updated (NAC 445A.290).

Operator Certification—Certification and Renewal: Reciprocity requirements have been added, and the requirements that apply to the operator certification and renewal process have been reviewed and updated (NAC 445A.288(2) and NAC 445A.292(2)).

Operator Certification—Operator Duties and Responsibilities: Wastewater operator responsibilities are detailed in the Policies & Procedures Manual of the Nevada Board of Certification for Wastewater Treatment Plant Operators. The website for this resource has been added (http://nvwea.org/certification/policy-and-procedures).

New Hampshire

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Boston-Manchester-Portsmouth area (including parts of Hillsborough, Merrimack, Rockingham, and Strafford Counties) was redesignated as attainment for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) effective March 4, 2013 (40 CFR 81.330).

New Mexico

Drinking Water—Water Quality Standards: References to federal drinking water regulations were updated (NMAC 20.7.10.100 and NMAC 20.7.10.101).

Drinking Water—Recordkeeping and Reporting Requirements: Operators must electronically submit monthly operating reports required by 40 CFR 141 Subpart H and, for systems that use membrane filtration, a direct integrity test required by 40 CFR 141 Subpart W (NMAC 20.7.10.505).

Drinking Water—Wellhead Protection: Vents in the casing of groundwater supply wells must be protected against the entrance of foreign material and flooding; a fine screen no longer provides sufficient protection (NMAC 20.7.10.400(C)).

Drinking Water—Water Security Systems: All parts or components of public water systems must be protected against flooding (as well as unauthorized entry and contamination) (NMAC 20.7.10.400(B)).



http://nvwea.org/certification/policy-and-procedures

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Pesticides: The information was re-arranged in a different format and a reference to a repealed regulation (NMAC 21.17.56.14—application of phenoxy herbicide in certain counties) was removed.

New York

Hazardous Waste—Used Oil: New York has added additional labeling requirements for used oil containers and tanks and has established a prohibition on storage of used oil in any surface impoundment, waste pile, pit, pond, or lagoon (6 NYCRR 374).

North Carolina

Solid Waste—Solid Waste Landfills: North Carolina has updated the operating requirements, groundwater monitoring standards and corrective action requirements for MSWLFs (15A NCAC 13B.1626 and 15A NCAC 13B.1632 – 13B.1637).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Huntington-Ashland area, including Lawrence and Scioto Counties and parts of Adams County (Monroe and Sprigg Townships) and Gallia County (Cheshire Township), was redesignated to attainment for the PM2.5 annual National Ambient Air Quality Standard (NAAQS) effective December 31, 2012 (40 CFR 81.336).

Solid Waste—Solid Waste Landfills: Ohio has established new rules for any MSWLF that requests authorization to accept bulk liquids at the facility for a project that is designed to research, develop, or demonstrate methods or technologies to optimize waste stabilization (OAC 3745-27-80 – 3745-27-89).

Oregon

Hazardous Materials—Reporting of Chemical Inventories: Oregon has revised the chemical inventory reporting requirements by specifying reportable quantities for gasoline (75,000 gallons) and diesel fuel (100,000 gallons) stored in underground tanks at retail service stations as well as changing the reportable quantity for hazardous substances to 500 gallons, cubic feet, or pounds (OAR 837-085-0070).

Rhode Island

Solid Waste—Biohazardous, Infectious, and Medical Wastes: The state has renumbered the medical waste rules and made several minor changes, including changes to the definition of regulated medical waste and the addition of requirements for crime scene/accident cleanup waste (Medical Waste Regs. 2.0 – 17.0).

South Carolina

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of York County was redesignated as attainment for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) effective December 26, 2012 (40 CFR 81.341).



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Hazardous Waste—Waste Classification: A reference to the federal emission comparable fuels exclusion, which was repealed by EPA, has been removed (R.61-79.261.38).

South Dakota

Solid Waste—Biohazardous, Infectious, and Medical Wastes: South Dakota repealed its medical waste regulations effective September 19, 2011 (ARSD 74:35).

Texas

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Requirements that apply to vessels having a total fuel, lube, and cargo tank capacity exceeding 10,000 U.S. gallons have been added. Texas has also clarified that unauthorized oil discharges made to Texas coastal waters must be reported (31 TAC 19.32, 31 TAC 19.37, and 31 TAC 19.60 – 19.63).

Solid Waste—Overall Solid Waste Management Requirements: Rules specifying that an individual who supervises or manages the operation of a municipal solid waste facility must meet certain qualifications and must be licensed have been added (30 TAC 30.210 – 30.212).

Solid Waste—Electronic Wastes: Texas has established a television equipment recycling program that applies to television equipment that is sold to a consumer in Texas or that is used by a consumer in Texas and returned for recycling. The new rules include requirements for manufacturers and recyclers (30 TAC 328).

West Virginia

Operator Certification (All Subsections): West Virginia made major amendments to all parts of its wastewater systems and operator regulations. As a result of these changes, all subsections of this topic have been reviewed and reformatted (64 CSR 5).





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Environmental Auditing: Federal Air Quality MACT Standards for Organic Chemical Manufacturing provides audit checklists for several air quality management rules found in 40 CFR Part 63 and specific to chemical manufacturing process units (CMPU), chemical preparations manufacturing operations, ethylene manufacturing process units, heat exchange systems and waste operations, hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing operations. Available format: online.



Environmental Auditing: Federal Air Quality MACT Standards for Pesticide Active Ingredient Production provides audit checklists for the air quality management rules in 40 CFR Part 63 cover in Subpart MMM. Available format: online.









http://www.stpub.com/environmental-auditing-federal-air-quality-mact-standards-for-organic-chemical-manufacturing

http://www.stpub.com/environmental-auditing-federal-airquality-mact-standards-for-pesticide-active-ingredient-production



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new & noteworthy


The Oil Spill Prevention and Aboveground Storage Tank section continues to be revised to include current PE certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. Specific information for the states with changes is summarized in the Highlights by State and Topic section below; the PE certification requirements for the remaining states will be added in future updates.

The Air Quality section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include, as applicable, coverage for Rulebook B, Section 25, “40 CFR 60 Subpart Ga-Standards of Performance for Nitric Acid Plants (after October 14, 2011)” of the Air Quality module in Environmental Auditing: Federal Compliance Guide.




R E L E A S E 12 7 – M A R C H 2 0 13










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Alabama

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (335-10-1-.03).

Alaska

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Neither the Board nor ADEC require PE certification for SPCC Plans for qualified facilities (No Citation).

Arizona

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (R18-5-114).

California

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (23 CCR 3675).

Operator Certification—Classification of Operators: The layout of the information was revised—the table was replaced with a bulleted list (23 CCR 3680).

Colorado

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—all tables were replaced with bulleted lists (5 CCR 1003-2, Section 100).

Florida

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (FAC 62-699.310).

Operator Certification—Classification of Operators: The layout of the information was revised—all tables were replaced with bulleted lists (FAC 62-699.310 and FAC 62-699.311).

Georgia

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (391-3-6-.12).



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Indiana

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A PE who certifies an SPCC Plan must be licensed by the Indiana State Board of Registration for Professional Engineers. Although IDEM does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE. The state-mandated Spill Response Plan is not required to be PE certified (No Citation).

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (327 IAC 5-22-5).

Iowa

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (567 IAC 81.2).

Kansas

Operator Certification: The layout of the information was revised—all tables were replaced with bulleted lists (KAR 28-16-36).

Louisiana

Underground Storage Tanks—Design, Construction, Installation, and Registration: Louisiana has updated its references to the Office of Environmental Services to reflect the agency’s new name, the Office of Environmental Compliance (LAC 33:XI).

Maine

Wastewater—Process Wastewater Discharges: Information about the current wastewater discharge general permits issued by Maine DEP has been updated (06-096 CMR 529.2(a)(2)).

Wastewater—Storm Water Discharges: Information about current storm water discharge general permits issued by Maine DEP has been updated (06-096 CMR 521.9).

Hazardous Materials—State-Specific Hazardous Materials Planning Requirements: The state’s Toxics Use and Hazardous Waste Reduction Law (TUR Law) has been repealed (No Citation).

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (06-096 CMR 531.2).

Underground Storage Tanks—General Operating Requirements: Inspection, recordkeeping, and onsite requirements for Class A, B, and C operators have been added (06-096 CMR 693.5 and 06-096 CMR 693.8).

Underground Storage Tanks—Certification: Maine added requirements for Class A, B, and C operators that took effect August 8, 2012 (06-096 CMR 693).



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Maryland

Operator Certification: The layout of the information was revised—all tables were replaced with bulleted lists (COMAR 26.06.01.16).

Massachusetts

Hazardous Materials— Reporting of Chemical Inventories: Tier II reports must be submitted in an electronic format and must be accompanied by a signed statement that the information is accurate (SERC Policy #5).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A PE who certifies a federal SPCC Plan must be licensed by the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors. Neither the Board nor DEP require PE certification for SPCC Plans for qualified facilities (No Citation).

Michigan

Operator Certification: The information was revised—the table was replaced with bulleted lists (R 323.1253).

Minnesota

Operator Certification: The layout of the information was revised—the table was replaced with a bulleted list (MR 9400.0500).

Mississippi

Hazardous Materials—Reporting of Chemical Inventories: Mississippi requires all facilities to submit Tier II reports electronically by March 1 via E-Plan. This one submission to E-Plan satisfies the requirement to report to MEMA, the LEPC, and the local fire department with jurisdiction over the facility (http://www.msema.org/library-forms/tier-two-instructions/).

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (WPC-3, Sec. 3).

Missouri

Underground Storage Tanks (All Subsections): Missouri made major amendments to its UST regulations and moved them to a new division in the Code of State Regulations. As a result of these changes, all subsections of this topic have been reviewed and reformatted. The amendments impact installers of new UST installations; cathodic protection and interior lining systems; spill and overfill prevention equipment; release detection equipment and methods; facilities dispensing 800,000 gallons or more per month; emergency generator tanks; and out-of-use tanks and tanks subject to permanent closure (10 CSR 26-1 – 26-4).



http://www.msema.org/library-forms/tier-two-instructions/

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Montana

Operator Certification—Applicability and Definitions: Key definitions have been added. The applicability has also been updated to delete the exemption from operator certification for operators of industrial wastewater treatment systems that discharge to municipal facilities or systems that remove sediment without a surface water discharge (ARM 17.40.201, MCA 37-42-102, and MCA 37-42-303).

Operator Certification—Classification of Wastewater Systems: Montana has amended the classifications of the various wastewater treatment systems to clarify the level of certification required for the various treatment types. The state has also added new classifications for onsite systems requiring operator certification (ARM 17.40.202).

Operator Certification—Classification of Operators: Requirements for temporary certificates have been amended to clarify where, when, and to whom they apply (ARM 17.40.203(4)).

Operator Certification—Certification and Renewal: Additional responsibilities for the operator in responsible charge have been added (ARM 17.40.201 and ARM 17.40.208(1)).

New Hampshire

Operator Certification: The layout of the information was revised to eliminate the table (Env-Ws 901).

New Jersey

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (NJAC 7:10A-1.14).

New Mexico

Operator Certification—Classification of Operators: The layout of the information was revised—all tables were replaced with bulleted lists (NMAC 20.7.4.13 and NMAC 20.7.4.14).

Solid Wastes— Overall Solid Waste Management Requirements: New Mexico has established a new law enforcement household pharmaceutical take-back program. The state has also added law enforcement pharmaceutical incinerators to the list of facilities that are not classified as solid waste facilities but are required register with NMED (NMAC 20.9.2.10 and NMAC 20.9.3.30).

Ohio

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—all tables were replaced with bulleted lists (OAC 3745-7-04(B)).

Operator Certification—Classification of Operators: The layout of the information was revised—the table was replaced with bulleted lists (OAC 3745-7-05(B)).



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Oklahoma

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (OAC 252:710 Appendix A).

Pennsylvania

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (25 Pa. Code 302.902).

Rhode Island

Operator Certification: The layout of the information was revised—the table was replaced with a bulleted list (WW Operator Regs. 8(e)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Inspection requirements for spill containment basins and sumps have been added (UST Regs. 8.16).

Underground Storage Tanks—General Operating Requirements: The state has added the following violations to the list that makes a facility subject to delivery prohibition: failure to obtain or maintain required certification for Class A, B and/or C operator(s) and failure to perform tank or pipeline tightness testing and compile inventory control records. The state has also added requirements for Class A, B, and C operators (UST Regs. 8.21(B) and 8.22).

Underground Storage Tanks—Release Detection: Rhode Island has updated the requirements for annual tightness testing for USTs at least 30 years old, the reporting of failed and inconclusive tightness tests, and the general leak detection standards (UST Regs. 8.08, 8.09, and 12.04(C)).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Reporting requirements for confirmed and suspected releases have been added (UST Regs. 12.04).

Underground Storage Tanks—Closure and Out-of-Service USTs: The state has added a deadline for closure of single-walled tanks and piping and has extended the timeframe that a UST may be in temporary closure (UST Regs. 8.04 and 13.04).

Underground Storage Tanks—Certification: Requirements for the certification of Class A, B, and C operators and tank and line tightness testers have been added (UST Regs. 14.01 – 14.09 and 8.22).



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South Carolina

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with bulleted lists (S.C. Code Section 48-1-110).

Operator Certification—Classification of Operators: The layout of the information was revised—the table was replaced with a bulleted list (R.51-3).

Tennessee

Hazardous Wastes (All Subsections): Tennessee has changed the citation numbering system for its hazardous waste regulations from Rule 1200-01-12 to Rule 0400-12-01 (Tennessee’s Hazardous Waste Management Regulations) and Rule 1200-01-14 to Rule 0400-12-02 (Commercial Hazardous Waste Facility Siting Criteria). The amendment of the regulation numbers was required to convert the regulatory citations from the Department of Health numbering system to the Department of Environment and Conservation (TDEC) numbers (Rule 0400-12-01 and Rule 0400-12-02).

Solid Wastes (All Subsections): Tennessee has changed the citation numbering system for its solid waste regulations from Rule 1200-01-11 to Rule 0400-11-01 (Solid Waste Processing and Disposal). The amendment of the regulation numbers was required to convert the regulatory citations from the Department of Health numbering system to the Department of Environment and Conservation (TDEC) numbers (Rule 0400-11-01).

Underground Storage Tanks—Applicability and Scope: UST systems that are otherwise exempt from state UST regulations must comply with newly added delivery prohibition requirements (Rule 0400-18-01-.01(2)(b)).

Underground Storage Tanks—General Operating Requirements: The requirements for operator certification have been updated to clarify the requirements for Class C operators at manned and unmanned facilities (Rule 0400-18-01-.16(3)(c) and 0400-18-01-.16(3)(e)).

Texas

Operator Certification: The layout of the information was revised—the table was replaced with a bulleted list (30 TAC 30.340).

Utah

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (R317-10-6).

Vermont

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (Water Pollution Op. Cert. Regs. 7(b)).



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Virginia

Operator Certification—Classification of Wastewater Systems: The layout of the information was revised—the table was replaced with a bulleted list (18 VAC 160-20-130).

Washington

Operator Certification: The layout of the information was revised—all tables were replaced with bulleted lists (WAC 173-230-140).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Secondary containment requirements for dispensers and UST systems that are installed or replaced after October 1, 2012, have been added (WAC 173-360-810 – 173-360-830).

Underground Storage Tanks—General Operating Requirements: The requirements for operator certification and delivery prohibition requirements have been added (WAC 173-360-745 – 173-360-760 and WAC 173-360-165).

Underground Storage Tanks—Certification: The state has added requirements for the certification of Class A, B, and C operators that took effect December 31, 2012 (WAC 173-360-700 – 173-360-760).

West Virginia

Solid Wastes— Solid Waste Landfills: West Virginia has added covered electronic devices to the list of wastes that solid waste landfills are prohibited from receiving (33 CSR 1-4.7.b.1).

Wyoming

Operator Certification (All Subsections): Wyoming made numerous amendments to its operator certification regulations. The amended regulations took effect August 1, 2012. As a result of these changes, all subsections of this topic have been reviewed and reformatted (DEQ WQD Ch. 5).



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related STP publications Environmental Auditing: Integrated California and Federal Compliance

Guide—Santa Barbara integrates federal and California environmental regulations for each topic, and includes California-specific modules that differ from the federal programs. In addition, local air districts in California have primary responsibility for controlling air pollution from stationary sources within their boundaries by implementing federal and state air quality regulatory programs, and also by developing and enforcing their own local rules. This guide provides complete coverage of air regulations for facilities located in Santa Barbara County by including rules issued by the Santa Barbara County Air Pollution Control District. This guide is an indispensable resource for environmental and occupational health and safety professionals, attorneys, and corporate counsel who need to stay current with federal, California, and Santa Barbara environmental regulations. Available formats: CD, online, and via risk management systems.

ISO 14001 Environmental Management Systems: A Complete Guide to Implementation. This guide will improve your organization’s overall performance and ensure compliance through implementation of an efficient, effective ISO 14001 environmental management system (EMS). Available formats: loose-leaf, CD, and online.

For more information or to purchase any STP product, visit www.stpub.com, email [email protected], or call 1.800.251.0381.

NEW REPORT: 2012 California Environmental Year in ReviewIn this new report reviewing significant 2012 environmental legislation in California, Gary A. Lucks comprehensively examines developments on climate change, energy, water quality, and solid waste. He also analyzes the political forces shaping California’s environmental legislation to offer an indication of what the future may hold.

To read a summary and download the report, see the blog item “Environmental Compliance: Roundup of California 2012 Environmental Legislation” posted on March 21, 2013 at http://blog.stpub.com.

new






http://www.stpub.com/environmental-auditing-air-quality-management-santa-barbara-online

http://www.stpub.com/iso-14001-environmental-management-systems-a-complete-implementation-guide-online

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new & noteworthy

Information in this section relates to topic additions and other upgrades for all 51 jurisdictions covered in Environmental State Differences Summaries and Checklists. For detail regarding state-specific regulatory updates see “highlights by state and topic” below.

The Air Quality section has been updated to include designations for the 2008 8-hour National Ambient Air Quality Standard (NAAQS) for ozone and to revise information related to the 1997 standard. On March 27, 2008, EPA published a revised 8-hour ozone standard of 0.075 ppm, as compared to the 1997 8-hour ozone standard of 0.08 ppm. On May 21 and June 11, 2012, EPA issued final rules that establish the initial air quality designations for the 2008 ozone 8-hour standard for all areas in the United States effective July 20, 2012. The 1997 ozone standard remains in effect independent of the 2008 8-hour ozone standard.

The Air Quality section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include, as applicable, coverage for Rulebook C-17, “40 CFR 63 Subpart DDDDD—MACT Standards for Industrial, Commercial and Institutional Boilers and Process Heaters at Major Sources of HAP Emissions” and Rulebook C-18, “40 CFR 63 Subpart JJJJJJ—MACT Standards for Industrial, Commercial and Institutional Boilers at Area Sources of HAP Emissions” of the Air Quality module in Environmental Auditing: Federal Compliance Guide.

The Oil Spill Prevention and Aboveground Storage Tank section continues to be revised to include current PE certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. Specific information for the states with changes is summarized in “highlights by state and topic” below; the PE certification requirements for the remaining states will be added in future updates.

The Solid Wastes section was revised to include the new subsection “Electronic Wastes.” All state solid waste and/or recycling regulations for electronic wastes were moved to this section. If a state regulates electronic wastes as universal wastes (in the Hazardous Wastes section), that was also noted under the new heading. “Highlights by state and topic” notes only regulatory changes to electronic wastes, not the reorganization of the material.


R E L E A S E 12 6 – S E P T E M B E R 2 0 12




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The Agency Contact sections for states Alabama through Louisiana (in alphabetical order) have been reviewed and updated to incorporate changes to federal, state, or local agency contact information (such as the new address for the EPA Region 7 office). In addition, all websites (in all sections) these states were reviewed and updated as necessary. Remaining states will be reviewed in future updates.





Alaska

Wastewater—Process Wastewater Discharges: As of November 1, 2012, Alaska has full authority for the Alaska Pollution Discharge Elimination System (APDES). An APDES Permit must be obtained for the discharge of any pollutants from any point source into waters of the state (18 AAC 83.105).

Wastewater—Storm Water Discharges: The list of state general permits has been updated to include current permit references and status (http://dec.alaska.gov/water/wnpspc/stormwater/). Alaska has developed a storm water guide to help with preparation of SWPPP Plans (http://dec.alaska.gov/water/wnpspc/stormwater/Guidance.html).

Wastewater—Discharges to POTWs: The text has been modified to indicate that the Alaska Department of Environmental Conservation now has oversight of the state’s industrial pretreatment program.

Arizona

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Arizona that were designated as nonattainment for this standard has been added. In addition, part of Pinal County was redesignated as moderate nonattainment for the PM-10 NAAQS (40 CFR 81.303).

http://www.stpub.com/environmental-auditing-integrated-california-and-federal-compliance-guide-online


http://dec.alaska.gov/water/wnpspc/stormwater/Guidance.html

http://dec.alaska.gov/water/wnpspc/stormwater/Guidance.html

http://dec.alaska.gov/water/wnpspc/stormwater/

http://dec.alaska.gov/water/wnpspc/stormwater/



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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Arizona Board of Technical Registration. In Arizona, there is no agency responsible for spill prevention planning and the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Arkansas

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Arkansas that were designated as nonattainment for this standard has been added (40 CFR 81.304).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in California that were designated as nonattainment for this standard has been added. In addition, EPA has reclassified the Western Mojave Desert ozone nonattainment area from ‘‘Moderate’’ to ‘‘Severe-15’’ for the 1997 8-hour ozone NAAQS effective June 7, 2012 (40 CFR 81.305).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the California Board for Professional Engineers, Land Surveyors and Geologists. Although the CUPAs do not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Colorado

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Colorado that were designated as nonattainment for this standard has been added (40 CFR 81.306).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Colorado Division of Professions and Occupations. Although DEQ does not require SPCC Plans for qualified facilities to be certified by a PE, the Division has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Operator Certification—Classification of Wastewater Systems: Colorado has recently amended its regulations to require notification and operator certification requirements for Class 2 industrial wastewater treatment facilities that have experienced a change in operations. It has also eliminated “small wastewater system” from the list of facility classifications (5 CCR 1003-2, Sections 100.6.1(b)(ii) and 100.8.1).



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Operator Certification—Classification of Operators: Colorado changed the name of small wastewater system operator to Class S system operator (5 CCR 1003-2, Section 100.9).

Operator Certification—Operator Duties and Responsibilities: Amendments were made to clarify the responsibilities of both the operator in responsible charge and the owner, as mandated in the Board’s policies (5 CCR 1003-2, Sections 100.15 and 100.16).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Colorado has significantly revised its medical waste regulations (6 CCR 1007-2, Part 1, Section 13).

Solid Wastes—Other Solid Wastes: Colorado has adopted new regulations for the collection, transportation, storage, processing, or disposal of waste grease (6 CCR 1007-2, Part 1, Section 18).

Solid Wastes—Other Treatment Technologies: Colorado has significantly revised its rules for waste impoundments that store, treat, utilize, process, or dispose of solid wastes (6 CCR 1007-2, Part 1, Section 9).

Solid Wastes—Solid Waste Recycling: Colorado has significantly revised its rules for recycling and beneficial use of solid waste, which are applicable to any site and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials (6 CCR 1007-2, Part 1, Section 8).

Connecticut

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Connecticut that were designated as nonattainment for this standard has been added (40 CFR 81.307).

Drinking Water—Plumbing Code: Connecticut has adopted the 2003 Plumbing Code into its State Building Code, and the appropriate references in the text were updated (http://www.ct.gov/dcs/cwp/view.asp?a=4218&q=305412).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Connecticut State Board of Examiners for Professional Engineers and Land Surveyors. Neither the Board nor DEEP requires PE certification for SPCC Plans for qualified facilities (No Citation).

Delaware

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Delaware that were designated as nonattainment for this standard has been added (40 CFR 81.308).

http://www.ct.gov/dcs/cwp/view.asp?a=4218&q=305412



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Solid Wastes—Overall Solid Waste Management Requirements: Delaware has amended the list of wastes prohibited from disposal at a Delaware Solid Waste Authority (DSWA) facility to include all solid wastes, except recyclable materials, that are generated outside of Delaware. The state has also deleted the requirement that all persons disposing of waste at non-DSWA facilities must file reports (only licensed transporters are now required to report) (1 Admin Code 501).

Solid Wastes—Solid Waste Transfer Facilities and Transporters: The license period for solid waste transporters has been revised from 1 year to 5 years for municipalities and 2 years for all others, and permitting exemptions have been updated. In addition, the rules now require licensed transporters to submit an annual report for the preceding calendar year no later than February 1 to DSWA regarding any waste collected in Delaware and disposed of within the state at a location other than at a DSWA Solid Waste Facility (1 Admin Code 501).

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Delaware now requires that any person who operates offsite facilities for the sterilization of infectious waste must operate those facilities in compliance with a plan approved by DNREC (7 Admin Code 1301).

Solid Wastes—Solid Waste Recycling: Reporting requirements for facilities recycling solid waste or recyclable materials have been revised. Instead of requiring an annual report by April 30, the state now requires an annual registration statement be submitted by February 1 (1 Admin Code 501).

Florida

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Florida Board of Professional Engineers. Although FDEP does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Georgia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Georgia that were designated as nonattainment for this standard has been added (40 CFR 81.311).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Georgia State Board of Registration for Professional Engineers & Land Surveyors. Although DNR does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).



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Idaho

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Idaho Board of Professional Engineers & Professional Land Surveyors. Although DEQ does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Illinois that were designated as nonattainment for this standard has been added. In addition, Jersey, Madison, Monroe, and St. Clair Counties were redesignated as attainment for the 1997 8-hour ozone standard effective June 12, 2012, and the Illinois portion of the Chicago-Gary-Lake County, Illinois-Indiana area (the Greater Chicago area) was redesignated to attainment of the 1997 8-hour ozone standard effective August 23, 2012 (40 CFR 81.314).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Illinois State Board of Professional Engineers. Neither the Board nor OSFM require PE certification for SPCC Plans for qualified facilities (No Citation).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Kentucky that were designated as nonattainment for this standard has been added (40 CFR 81.318).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors. Although KDEP does not require PE certification of SPCC Plans, the Board requires PE certification for all SPCC Plans prepared for a facility located in Kentucky; there is no exemption for qualified facilities (No Citation).

Louisiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Louisiana that were designated as nonattainment for this standard has been added (40 CFR 81.319).



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Maine

Hazardous Materials—State-Specific Hazardous Materials Planning Requirements: DEP has established new regulations requiring commercial and industrial facilities that use 1,000 lbs or more of designated “priority toxic chemicals” to annually report the usage to DEP (by July 1 of each year) and to develop and implement a pollution prevention plan that is approved by a senior management official (06-096 CMR 81 – 82).

Maryland

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Maryland that were designated as nonattainment for this standard has been added. Also, EPA has determined that the Baltimore moderate 8-hour ozone nonattainment area (the Baltimore Area) did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS) by its June 15, 2011 attainment date. As a result of this determination, the Baltimore Area is reclassified by law as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone standard effective March 2, 2012 (40 CFR 81.321).

Massachusetts

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Massachusetts that were designated as nonattainment for this standard has been added (40 CFR 81.322).

Michigan

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Bureau of Commercial Services, Licensing Division. Neither the Bureau nor DEQ requires PE certification for SPCC Plans for qualified facilities nor for pollution incident prevention plans (No Citation).

Underground Storage Tanks—General Operating Requirements: Michigan has recently adopted reporting and recordkeeping requirements for certified operators and a requirement for Class B operators to conduct quarterly site inspections (R 29.2108).

Underground Storage Tanks—Certification: By August 8, 2012, all facilities having a UST system must have trained and certified Class A and B operators (R 29.2107 and R 29.2108).

Mississippi

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Mississippi that were designated as nonattainment for this standard has been added (40 CFR 81.325).



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Nevada

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has changed the classification of the Las Vegas area to marginal (Subpart 2) nonattainment for the 1997 8-hour ozone standard (40 CFR 81.329).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Nevada State Board of Professional Engineers & Land Surveyors. Neither the Board nor DEP require PE certification for SPCC Plans for qualified facilities (No Citation).

New Hampshire

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Air quality designations for ozone were updated to clarify that the Boston-Manchester-Portsmouth area (including parts of Hillsborough, Merrimack, Rockingham, and Strafford Counties) is designated as moderate (Subpart 2) nonattainment for the 1997 8-hour ozone standard (but not for the 2008 8-hour ozone standard) (40 CFR 81.330).

Solid Wastes—Solid Waste Landfills: New Hampshire requires all lined solid waste landfills to comply with specific requirements for managing leachate and to develop and implement a leachate management plan as part of the facility’s operating plan (Env-Sw 806.05).

Solid Wastes—Asbestos Wastes: Asbestos disposal sites where asbestos exists on or in the ground due to dumping activities that stopped prior to July 1, 1981, are now subject to specific requirements for site management and control (Env-Sw 2100).

New Jersey

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in New Jersey that were designated as nonattainment for this standard has been added (40 CFR 81.331).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the New Jersey State Board of Professional Engineers and Land Surveyors. Although NJDEP does not require SPCC Plans for qualified facilities to be certified by a PE, NJDEP does require PE certification for DPCC Plans. The Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).



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New Mexico

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the New Mexico Board of Licensure for Professional Engineers & Professional Surveyors. Although NMED does not require PE certification of SPCC Plans, the Board requires PE certification for all SPCC Plans prepared for a facility located in New Mexico; there is no exemption for qualified facilities (No Citation).

New York

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in New York that were designated as nonattainment for this standard has been added (40 CFR 81.333).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the New York Office of the Professions. Although NYSDEC does not require PE certification of SPCC Plans, the Office requires PE certification for all SPCC Plans prepared for a facility located in New York; there is no exemption for qualified facilities. State-mandated Spill Prevention and Containment Plans are not required to be PE certified (No Citation).

North Carolina

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in North Carolina that were designated as nonattainment for this standard has been added (40 CFR 81.334).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the North Carolina Board of Examiners for Engineers and Surveyors. Although NCDENR does not require PE certification of SPCC Plans, the Board requires PE certification for all SPCC Plans prepared for a facility located in North Carolina; there is no exemption for qualified facilities (No Citation).

Ohio

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Ohio State Board of Registration for Professional Engineers and Surveyors. Although Ohio EPA does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE (No Citation).



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Oklahoma

Solid Wastes—Solid Waste Landfills: Oklahoma has added unsorted baled municipal solid waste (unless the waste is sorted for recycling prior to baling or is baled on-site) to the list of wastes prohibited at land disposal facilities (OAC 252:515-19-31).

Solid Wastes— Solid Waste Transfer Facilities and Transporters: Transfer stations are now required to develop and implement an approved Waste Exclusion Plan (WEP) to detect and prevent the disposal of prohibited wastes (OAC 252:515-29).

Solid Wastes—Waste Tires: Oklahoma has replaced the term “waste tire” with “used tire.” In addition, the daily log requirement for used tire facilities has been revised and now requires facilities to record the use and destination of each outbound load of processed tire material (OAC 252:515-21).

Solid Wastes—Electronic Wastes: Oklahoma’s Computer Equipment Recovery Act sets requirements for the collection, recycling, and reuse of computers and computer monitors that have reached the end of their useful lives (OAC 252:515-39).

Oregon

Solid Wastes—Other Treatment Technologies: Oregon has adopted regulations for the beneficial use of solid waste (OAR 340-093-0260 – 340-093-0290).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Pennsylvania that were designated as nonattainment for this standard has been added (40 CFR 81.339).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Pennsylvania State Registration Board for Professional Engineers, Land Surveyors and Geologists. Although DEP does not require SPCC Plans for qualified facilities to be certified by a PE, the Board has not provided specific guidance on whether an SPCC Plan for a qualified facility must be certified by a PE. The state-mandated Spill Prevention and Response Plan is not required to be PE certified (No Citation).

Rhode Island

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Air quality designations for ozone were updated to clarify that the state of Rhode Island is designated as moderate (Subpart 2) nonattainment for the 1997 8-hour ozone standard (but not for the 2008 8-hour ozone standard) (40 CFR 81.340).

South Carolina

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in South Carolina that were designated as nonattainment for this standard has been added (40 CFR 81.341).



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Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the South Carolina Board of Registration for Professional Engineers and Surveyors. Neither the Board nor the Office of the State Fire Marshal requires PE certification for SPCC Plans for qualified facilities (No Citation).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Tennessee that were designated as nonattainment for this standard has been added (40 CFR 81.343).

Texas

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Texas that were designated as nonattainment for this standard has been added (40 CFR 81.344).

Hazardous Wastes—Wastes Classification: A list of requirements applicable to facilities disposing of PCB wastes was added (30 TAC 335.4, 30 TAC 335.6, and 30 TAC 335.9 – 335.15).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Texas Board of Professional Engineers. Neither the Board nor GLO require PE certification for SPCC Plans for qualified facilities or for state-mandated Discharge Prevention and Response Plans (No Citation).

Solid Wastes—PCB-Containing Wastes: The description of Texas’ regulations for PCB-containing wastes has been expanded and reorganized (30 TAC 330.3).

Solid Wastes—Waste Tires: This section has been expanded to include additional information on the requirements applicable to waste tire generators, transporters, storage sites, and scrap tire facilities (30 TAC 328.51 – 328.71).

Utah

Solid Wastes—Biohazardous, Infectious, and Medical Wastes: Utah has made a number of revisions to its infectious waste regulations updating the requirements for facilities that generate, transport, store, treat, or dispose of infectious wastes (R315-316).

Virginia

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Virginia that were designated as nonattainment for this standard has been added (40 CFR 81.347).



please review


Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies an SPCC Plan must be licensed by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects. Although VDEQ does not require PE certification of SPCC Plans, the Board requires PE certification for all SPCC Plans prepared for a facility located in Virginia; there is no exemption for qualified facilities. Oil Discharge Contingency Plans are not required to be certified (No Citation).

Wisconsin

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Wisconsin that were designated as nonattainment for this standard has been added. In addition, the Milwaukee-Racine area was redesignated as attainment for the 1997 8-hour ozone standard effective July 31, 2012 (40 CFR 81.350).

Wyoming

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has issued the initial air quality designations for the 2008 8-hour ozone NAAQS. A listing of areas in Wyoming that were designated as nonattainment for this standard has been added (40 CFR 81.351).





please review


related STP publications Environmental Auditing: Integrated California and Federal Compliance

Guide—Santa Barbara integrates federal and California environmental regulations for each topic, and includes California-specific modules that differ from the federal programs. In addition, local air districts in California have primary responsibility for controlling air pollution from stationary sources within their boundaries by implementing federal and state air quality regulatory programs, and also by developing and enforcing their own local rules. This guide provides complete coverage of air regulations for facilities located in Santa Barbara County by including rules issued by the Santa Barbara County Air Pollution Control District. This guide is an indispensable resource for environmental and occupational health and safety professionals, attorneys, and corporate counsel who need to stay current with federal, California, and Santa Barbara environmental regulations. Available formats: CD, online, and via risk management systems.

ISO 14001 Environmental Management Systems: A Complete Guide to Implementation. This guide will improve your organization’s overall performance and ensure compliance through implementation of an efficient, effective ISO 14001 environmental management system (EMS). Available formats: loose-leaf, CD, and online.

For more information or to purchase any STP product, visit www.stpub.com, email [email protected], or call 1.800.251.0381.



http://www.stpub.com/ISO-14001-Environmental-Management-Systems-A-Complete-Implementation-Guide_p_63.html



ENVIRONMENTAL STATE DIFFERENCES Release Notes for All States Release 125 June 2012

NEW AND NOTEWORTHY—ALL STATES:

Information related to topic additions or other upgrades for all 51 jurisdictions of the Environmental State Differences resource is provided in this section. For details regarding state-specific regulatory updates, refer to the “Key Changes” section of these Release Notes.

The Air Quality section has been revised to include nonattainment areas from EPA’s second phase of lead National Ambient Air Quality Standard (NAAQs) designations. These designations relate to EPA’s final rule of October 15, 2008, that revised the lead NAAQS from a level of 1.5 μg/m3 to a level of 0.15 μg/m3 and established new requirements for lead monitoring networks. After the promulgation of a new or revised NAAQS, EPA is required to designate all areas of the U.S. as nonattainment (i.e., not complying with the standard), attainment, or unclassifiable based on air quality monitoring data. EPA issued the initial area designations for the revised lead standard in two phases. On November 22, 2010 (75 FR 71033) EPA completed the first round of initial designations for certain areas of the United States by designating as nonattainment any area that was violating the 2008 lead NAAQS based on 2007 – 2009 air quality data from the pre-2010 monitoring network. In that action, EPA designated as ‘‘nonattainment’’ 16 areas as violating the 2008 lead NAAQS, effective December 31, 2010. The second phase of designations was completed November 22, 2011 (76 FR 72097) and were effective December 31, 2011. EPA issued designations for all remaining areas of the United States for the 2008 lead NAAQS during this second phase, and 5 areas were designated as nonattainment areas.

The Oil Spill Prevention and Aboveground Storage Tank section for Delaware, Kansas, Louisiana, Minnesota, and Nebraska has been revised to include current PE certification requirements for Spill Prevention Control and Countermeasures (SPCC) Plans and state-specific spill prevention and response plans. PE certification requirements will be added for the remaining states in future updates.


If you have any questions on the State Regulatory Differences Checklists or the California Auditing Guide or would like a demonstration of their electronic usage and features, please contact STP’s Gail Ankiewicz (phone: 1-800-251-0381; e-mail: [email protected]).




KEY CHANGES BY STATE AND TOPIC:

The information below summarizes updates made to all 51 jurisdictions of the Environmental State Differences Summaries and Checklists. Only states that have had updates are listed below—a state that is not listed did not have updates this quarter. Your update only contains material for the jurisdiction(s) included in your subscription.

Arkansas Drinking Water—Recordkeeping and Reporting Requirements: Public water

systems that produce and treat raw water and that directly or through a consecutive system supply 5,000 persons or more must implement a fluoridation program and must comply with fluoride equipment, recordkeeping, testing, and reporting requirements (Public Water System Rules, Section VII(F)).

Hazardous Waste—Waste Classification: Arkansas has not yet adopted the federal exclusion for hazardous secondary materials that are being reclaimed (ADEQ Reg. 23.261.4).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Arkansas has recently adopted the federal hazardous waste standardized permit option (ADEQ Reg. 23.267).

California

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Effective May 3, 2012, California specified certain circumstances under which a certificate of financial responsibility must be provided to the Office of Spill Prevention and Response prior to operating in or entering marine waters. California also established what mechanisms may be used to establish financial responsibility (14 CCR 791.6 and 14 CCR 795).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Beginning June 1, 2012, the state provides an option for compliance with existing independent testing and approval requirements that specify that the materials or components of a hazardous substance UST storing alternative fuels such as biodiesel 5 – 20% must be compatible with the fuel stored (23 CCR 2631(b), 2631(j), and 2631(k)).

Delaware

Hazardous Waste—Hazardous Waste Generators: Conditionally Exempt Small Quantity Generators: Delaware has expanded the requirements applicable to conditionally exempt small quantity generators (CESQGs) who accumulate hazardous waste in containers. CESQGs must now ensure that containers are compatible with the hazardous waste to be stored and must take certain actions if a container is not in good condition or begins to leak (7 Admin Code 1302(261.5(f)(4)) and 1302(261.5(g)(4)).

Hazardous Waste—Used Oil: Regulations for used oil generators, transfer facilities, processors/re-refiners, and burners have been amended to require that used oil containers and aboveground tanks must be kept closed during storage, except to add or removed used oil (7 Admin Code 1302(279)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Delaware Association of Professional Engineers. DNREC does not require certification for its Release Preparedness Plan or PE certification for SPCC Plans for qualified facilities (No Citation).

Underground Storage Tanks (All Subsections): The state has changed the term “heating fuel UST systems” to “consumptive use heating fuel UST systems” (7 Admin Code 1351).

Underground Storage Tanks—Applicability and Scope: The definition of “consumptive use heating fuel UST system” has been added (7 Admin Code 1351(A.2)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: New UST systems must not be installed within 150 feet of a public or industrial well or 100 feet of a domestic well (7 Admin Code 1351(B.1.2.4 – B.1.2.5, C.1.2.4 – C.1.2.5, and D.1.2.4.– D.1.2.5).

Underground Storage Tanks—General Operating Requirements: Delivery prohibition, Class A and B operator reporting requirements, and amendments to the management of sensors, sumps and inspections have been added (7 Admin Code 1351(A.9.1.4, A.10.1, B.1.25, B.1.31, B.2.26, B.2.32, C.1.25, C.1.28, C.2.26, C.2.29, D.1.25, D.1.27, and D.1.29)).

Underground Storage Tanks—Release Detection: Requirements for UST systems used solely for the storage of a regulated substance to power emergency generators have been added. Automatic tank gauging has been removed by the state as a method of release detection for hazardous substance USTs. In addition, precision testing has been added in conjunction with automatic tank gauging as an approved method of release detection for regulated substance USTs and consumptive use heating oil USTs (7 Admin Code 1351(B.1.9.2, B.2.9.2, B.2.31, C.1.9, C.2.9, and D.1.9)).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Reporting to DNREC’s 24-hour complaint line is required only when required by other environmental regulations or statutes. In addition, responsible parties must perform release investigations (7 Admin Code 1351(E.1.1.1, E.1.3.2, E.2.2, and E.2.3)).

Underground Storage Tanks—Release Response and Corrective Action: Hydrogeologic investigation reports must include recommendations for either further action or a request for a no further action determination (7 Admin Code 1351(E.4.2.2 and E.4.2.3)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Routine inspections must be performed on out-of-service USTs if they are not empty and require release detection (7 Admin Code 1351(B.3.2.4 and C.3.2.4)).

Underground Storage Tanks—Certification: Class A, B, and C operators must receive certain training. The deadline for all UST facilities to have their UST operators trained is August 8, 2012 (7 Admin Code 1351(A.10.1)).

Florida Hazardous Waste—Used Oil: Florida has removed general applicability information

from its used oil regulations because the material was deemed to be no longer necessary and duplicative during the state’s comprehensive rule review (FAC 62-710.300).

Idaho Underground Storage Tanks (All Subsections): Effective February 28, 2012, EPA

granted Idaho approval to operate its underground storage tank program for petroleum and hazardous substances in lieu of the federal underground storage tank program (77 FR 11750 and 40 CFR 281).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Chicago area was designated as nonattainment for the 2008 lead standard effective December 31, 2011 (80 CFR 81.314).

Underground Storage Tanks—General Operating Requirements: As of February 15, 2012, owners/operators must inspect UST systems quarterly and must prepare a written operations and maintenance plan. Also, Class A, B and C operators must comply with specific recordkeeping requirements (41 IAC 176.645 and 41 IAC 176.655).

Underground Storage Tanks—Release Response and Corrective Action: Effective March 19, 2012, owners and operators must address releases according to 35 IAC 734, which includes various reporting procedures. These requirements stem from PA 96-908, which replaced pre-2002 UST provisions. The corresponding changes to Illinois UST regulations revised 35 IAC 731 and repealed 35 IAC 732 (35 IAC 731.110 and 35 IAC 734).

Underground Storage Tanks—Certification: On February 15, 2012, the rules to implement federal operator training requirements for UST operators became effective. The deadline for all UST facilities to have their UST operators trained is August 8, 2012 (41 IAC 176 Subpart F).

Iowa

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of Pottawattamie County was designated as nonattainment for the 2008 lead standard, effective December 31, 2011 (40 CFR 81.316).

Solid Waste—Solid Waste Transfer Facilities and Transporters: Iowa has adopted requirements for satellite facilities, which are defined as secured facilities that collect and store household hazardous materials and hazardous materials from conditionally exempt small quantity generators (CESQGs) prior to transportation of these wastes to a regional collection center (567 IAC 123.3).

Underground Storage Tanks—Applicability and Scope: The definition of “new UST system” has been added (567 IAC 135.2).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements that apply to farm and residential USTs with a capacity of 1,100 gallons or less that were installed on or after July 1, 1987 have been added (567 IAC 135.3(4)).

Underground Storage Tanks—General Operating Requirements: UST systems must meet compliance inspection requirements, and operator training must be documented (567 IAC 135.20(1) and 135.20(4), 567 IAC 134.14(6), and 567 IAC 135.4(7)(c)(1) and 135.4(c)(11)).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: A UST professional licensed under 567 IAC 134 Part C must report suspected and confirmed releases (567 IAC 134.22).

Underground Storage Tanks—Closure and Out-of-Service USTs: A state-certified ground water professional must conduct/supervise soil and groundwater closure investigations (567 IAC 135.15(3)(a)).

Underground Storage Tanks—Financial Responsibility: Petroleum USTs must meet state regulations for financial responsibility (567 IAC 136).

Underground Storage Tanks—Certification: Class A, B, and C operators must meet certification requirements. Persons performing UST installations and installation inspections, removal, testing, cathodic protection testing, and UST lining must be licensed, and companies employing licensed individuals must also be licensed (567 IAC 134 Part C, 567 IAC 134.19(c), and 567 IAC 135.4(6) and 135.4(8) – 135.4(10)).

Kansas

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Part of Saline County was designated as nonattainment for the 2008 lead standard effective December 31, 2011 (40 CFR 81.317).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Kansas State Board of Technical Professions. Neither the Board nor KDEH require SPCC Plans for qualified facilities to be certified by a PE (No Citation).

Louisiana

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Louisiana Professional Engineering and Land Surveying Board. Neither the Board nor LDEQ require SPCC Plans for qualified facilities to be certified by a PE (No Citation).

Solid Waste—Overall Solid Waste Management Requirements: Solid waste facility permit application procedures have been revised, and the state has added a requirement for all permitted facilities to submit an annual certification of compliance (LAC 33:VII.513).

Solid Waste—Other Solid Wastes: Regulatory citations related to special wastes have been revised (LAC 33:VII.519(B)).

Solid Waste—Other Treatment Technologies: Instead of submitting an annual report, composting and incinerator waste handling facilities must now complete an annual certification of compliance (LAC 33:VII.525).

Maine Hazardous Waste—Waste Classification: Isopropyl alcohol is excluded from

regulation as a hazardous waste when it is recycled by being used or reused as an effective substitute for commercial products, provided the isopropyl alcohol is not being reclaimed and certain documentation is retained (06-096 CMR 850.3(A)(4)(a)(xix)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Maine has amended its registration requirements and adopted regulations that apply to replacing an oil UST in a wellhead protection zone (06-096 CMR 691.4(M) and 691.11(E)(3)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Beginning March 13, 2012, an oil UST may temporarily be out of service for 24 instead of 12 months. In addition, a UST system that stores motor fuel or that is used in the marketing and distribution of oil may remain in operation for 10 years beyond its warranty expiration date (06-096 CMR 691.5(F) and 691.11(B)(3)).

Maryland

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Baltimore Area has been reclassified by operation of law as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone standard because it did not attain the standard by its June 15, 2011, attainment date (40 CFR 81.321).

Massachusetts Hazardous Waste—Waste Classification: Information has been added to clarify the

relationship between the state’s requirements for cathode ray tube (CRT) management and the federal CRT exclusion (310 CMR 16.05(3)).

Michigan

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Belding area (part of Ionia County) is designated as nonattainment for the 2008 lead National Ambient Air Quality Standard (NAAQS) effective December 31, 2011 (40 CFR 81.323).

Minnesota

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Minnesota has not adopted the federal regulations that allow a treatment, storage, and disposal facility to use a Remedial Action Plan. In addition, the state has updated the landfill regulations regarding requirements for containers holding liquids (MR 7045.0538.10(B)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Minnesota State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design. Neither the Board nor MPCA require SPCC Plans for qualified facilities to be certified by a PE (No Citation).

Missouri Hazardous Waste—Waste Classification: Missouri has not adopted the federal

exclusion for hazardous secondary materials that are being reclaimed (10 CSR 25-4.261(1)).

Hazardous Waste—Hazardous Waste Generators: Missouri has rescinded a portion of the regulations that allowed generators to obtain temporary registration under certain circumstances (10 CSR 25-5.262(2)(A)).

Hazardous Waste—Used Oil: Missouri has adopted changes to the definition of used oil and has amended the requirements for mixtures of used oil and characteristic hazardous waste (10 CSR 25-11.279).

Hazardous Waste—Universal Waste: Missouri has made minor changes to its universal waste pesticide collection program requirements (10 CSR 25-16.273).

Montana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: When EPA issued the 2008 lead NAAQS, the agency provided that the 1978 lead NAAQS would be revoked 1 year after the effective date of designations for the 2008 NAAQS, except in areas that had been designated nonattainment for the 1978 NAAQS; in those areas, the standard would remain in effect until a SIP is approved for the new standard. East Helena was designated unclassifiable/attainment for the 2008 standard; but the 1978 standard will remain in effect until a maintenance SIP for the 2008 NAAQS is approved by EPA (40 CFR 81.327).

Solid Waste—Overall Solid Waste Management Requirements: Montana has repealed certain portions of its solid waste regulations and adopted new solid waste regulations (ARM 17.50).

Solid Waste—Solid Waste Landfills: The regulatory citations for landfills have been updated (ARM 17.50).

Solid Waste— PCB-Containing Wastes: Montana has updated it rules to follow the federal PCB regulations (ARM 17.50).

Solid Waste— Biohazardous, Infectious, and Medical Wastes: Montana has updated its rules by addressing infectious waste under a new regulation for special wastes (ARM 17.50).

Solid Waste— Asbestos Wastes: Montana has updated it solid waste rules by addressing asbestos under a new regulation for special wastes (ARM 17.50).

Solid Waste— Other Solid Wastes: Montana has updated its solid waste rules and adopted a new rule addressing special wastes (ARM 17.50).

Solid Waste— Solid Waste Recycling: Montana has updated its rules by repealing certain regulations and adopting new regulations (ARM 17.50).

Nebraska

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: A professional engineer (PE) who certifies a federal SPCC Plan must be licensed by the Nebraska Board of Engineers and Architects. Neither the Board nor DEQ require SPCC Plans for qualified facilities to be certified by a PE (No Citation).

New Mexico

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The state adopted new and amended regulations on March 17, 2012. The amended regulations include the registration of ASTs associated with emergency generator systems, performance standards for existing ASTs and ASTs associated with emergency generators, operating requirements, and operator training. The new regulations also implement a delivery prohibition (NMAC 20.5.1 – 20.5.19).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Registration and upgrade requirements for USTs associated with an emergency generator were added. Amendments were also made to the secondary containment regulations that provide additional exemptions from the requirements (NMAC 20.5.2.8, NMAC 20.5.4.15, and NMAC 20.5.4.35(B)).

Underground Storage Tanks—General Operating Requirements: The state added requirements for delivery prohibition and amended the requirements for dispensing, the operations and maintenance plan, monthly inspections, and the reporting requirements for leak detection, cathodic protection and tightness testing (NMAC 20.5.5.9, NMAC 20.5.18.18(B), NMAC 20.5.18.13, NMAC 20.5.18.20, and NMAC 20.5.19).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: The requirement to notify NMED of a suspected release has been expanded to include visual or other inspections and certain types of testing (NMAC 20.5.5.8).

Underground Storage Tanks—Certification: Amendments were made to the operator training requirements, including the addition of a training date for operators of USTs connected to emergency generators and training exemptions for Class A and B operators of UST systems placed into temporary closure (NMAC 20.5.18.12 and NMAC 20.5.18.14).

North Dakota Underground Storage Tanks—Design, Construction, Installation, and Registration:

New and replacement USTs and piping that are located within 1,000 feet of a community water system or potable drinking water well must meet specific requirements. Dispensers and submersible sumps must meet secondary containment requirements (33-24-08-10(1), 33-24-08-10(2), and 33-24-08-10(4); 33-24-08-12(7); and 33-24-08-31(5)).

Underground Storage Tanks—General Operating Requirements: Monthly inspections are required (33-24-08-49).

Underground Storage Tanks—Release Detection: Interstitial monitoring of piping in secondary containment must meet additional state requirements (33-24-08-34(4)).

Ohio Hazardous Waste—Waste Classification: Ohio has not adopted the federal exclusion

for hazardous secondary materials that are being reclaimed (OAC 3745-51-04).

Hazardous Waste—Hazardous Waste Generators: Large Quantity Generators: Personnel training requirements for large quantity generators specify that the annual review must occur during each calendar year and must be within fifteen months after the previous review (OAC 3745-52- 34(A)(4) and OAC 3745-56-16(C)).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Personnel training requirements for hazardous waste treatment, storage, and disposal facilities specify that the annual review must occur during each calendar year and must be within fifteen months after the previous review (OAC 3745-54-16(C)).

Hazardous Waste—Universal Waste: Ohio has added mercury containing equipment as a universal waste and has adopted rules for managing mercury-containing equipment that follow the federal requirements (OAC 3745-273).

Operator Certification—Applicability and Definitions: Key definitions have been added and applicability has been updated to reflect the regulatory changes that took effect February 23, 2012 (OAC 3745-7-01 and OAC 3745-7-02(A)(2)).

Operator Certification—Classification of Wastewater Systems: The February 23, 2012 amendments revised the classification of treatment works and sewerage systems (OAC 3745-7-04(B)).

Operator Certification—Classification of Operators: The February 23, 2012 amendments revised the classification of operators (OAC 3745-7-05(B)).

Operator Certification—Certification and Renewal: The February 23, 2012 amendments added reciprocity requirements and revised operator-in-training requirements (OAC 3745-7-07 and OAC 3745-7-17).

Operator Certification—Operator Duties and Responsibilities: The February 23, 2012 amendments expanded the duties and responsibilities of certified operators and owners and operators of treatment works and sewerage systems (OAC 3745-7-04 and OAC 3745-7-09).

Underground Storage Tanks—Design, Construction, Installation, and Registration: All registrants who do not meet the annual UST registration deadline must pay a late fee (OAC 1301:7-9-04(B)).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Confirmed and suspected releases of petroleum products, as well as spills of no more than 25 gallons, must meet specific reporting requirements (OAC 1301:7-9-13(D) and 1301:7-9-13(E)).

Underground Storage Tanks—Release Response and Corrective Action: The State Fire Marshal only regulates cleanups from petroleum USTs and not hazardous substance USTs (OAC 1301:7-9-13).

Underground Storage Tanks—Closure and Out-of-Service USTs: The property owner, in addition to the UST owner or operator, is required to comply with the requirements for out-of-service, closure-in-place, permanent removal, and a change-in-service (OAC 1301:7-9-12(B)).

Underground Storage Tanks—Certification: The state has clarified the requirements for UST installers to include the replacement of UST systems as an installation that must be supervised by a certified UST installer (OAC 1301:7-9-11).

Oregon Solid Waste—Overall Solid Waste Management Requirements: Oregon has adopted

permitting requirements to reflect changes to its composting regulations (OAR 340-093-0050(3)).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: Citations related to biological and infectious waste have been updated due to regulatory changes (OAR 340-093-0030(61)).

Solid Waste—Other Treatment Technologies: Oregon repealed its previous composting rules and has adopted new regulations for composting facilities (OAR 340-096-0060 – 340-096-0159).

Puerto Rico

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Arecibo area (part of Arecibo Municipio) is designated as nonattainment for the 2008 lead National Ambient Air Quality Standard (NAAQS) effective December 31, 2011 (40 CFR 81.355).

South Carolina Hazardous Waste—Hazardous Waste Generators: South Carolina has updated rules

to add the alternative generator standards for academic laboratories. The state has also removed references to the EPA National Environmental Performance Track Program, which was discontinued by EPA, as well as the analogous state program, the South Carolina Environmental Excellence Program (SCEEP) (R.61-79.262).

Operator Certification—Certification and Renewal: The state has extended the term of some operator licenses for up to two years and has amended the requirements for continuing education to allow for flexibility (R.51-4).

Operator Certification—Operator Duties and Responsibilities: South Carolina has changed the name of the operator-in-training “permit” to an operator-in-training “license” effective February 24, 2012 (R.51-5).

Tennessee Underground Storage Tanks (All Subsections): New underground storage tank

program regulations were adopted at Rule 0400-18-01 to replace the repealed regulations in Rule 1200-01-15.

Underground Storage Tanks—Applicability and Scope: The definition of motor fuel has been added (Rule 0400-18-01-.01).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements have been added for tanks constructed of steel that were installed before December 22, 1998, and that were lined after installation. Also added are requirements for the repair or replacement of piping and motor fuel dispensers that dispense petroleum substances blended with more than 10% alcohol (Rule 0400-18-01-.02 and Rule 0400-18-01.02).

Underground Storage Tanks—General Operating Requirements: Requirements for delivery prohibition, spill catchment basins, corrosion protection, UST systems containing a petroleum product blended with more than 10% alcohol, and recordkeeping and requirements that apply to Class A, B and C operators have been added (Rule 0400-18-01-.15, Rule 0400-18-01-.02; Rule 0400-18-01-.03; and Rule 0400-18-01-.16).

Underground Storage Tanks—Release Detection: Requirements for fiberglass piping repairs, release detection piping, prohibitions on the use of certain release detection methods, and release detection for emergency generators installed on or after July 24, 2007, have been added (Rule 0400-18-01-.01; Rule 0400-18-01-.04; and Rule 0400-18-01-.02).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Amended requirements for suspected release reporting and system test and site check have been added (Rule 0400-18-01-.05).

Underground Storage Tanks—Closure and Out-of-Service USTs: The state has amended its UST closure requirements to include responsible parties, in addition to UST system owners and operators, in the closure of a UST system (Rule 0400-18-01-.07).

Underground Storage Tanks—Financial Responsibility: The mechanisms to demonstrate financial responsibility have been amended to allow the use of local government mechanisms. Additional amendments that expand the type of reimbursement available from the Petroleum Underground Storage Tank Fund and registration requirements have been added (Rule 0400-18-01-.05; Rule 0400-18-01-.06; Rule 0400-18-01-.08; and Rule 0400-18-01-.09).

Underground Storage Tanks—Certification: The requirements for the training of Class A, B and C operators have been added. The deadline for all UST facilities to have their UST operators trained is August 8, 2012 (Rule 0400-18-01-.16).

Texas Underground Storage Tanks—General Operating Requirements: Delivery

prohibition requirements for self-certified and registered USTs have been added, including the amended requirements that took effect April 19, 2012, that prohibit common carriers from depositing regulated substances into a UST that does not have either a valid, current delivery certificate or a temporary delivery authorization (30 TAC 334.5(b)).

Utah Hazardous Waste—Waste Classification: Utah has not adopted the federal exclusion

for hazardous waste containing radioactive waste in 40 CFR 261.3(h) (R315-2-3).

Hazardous Waste—Universal Wastes: Utah has added mercury-containing equipment as a universal waste (R315-16).

Underground Storage Tanks—General Operating Requirements: After January 1, 2012, DEQ allows individuals to contract with UST owners to act as a Class B operator without becoming a certified UST inspector (R311-201-12(f)).

Underground Storage Tanks—Certification: DEQ has modified the requirements for who may be a Class B operator and third-party Class B operators to remove contractors working for the UST owner or operator (R311-201-12(e)).

Vermont

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Vermont’s requirements for reporting and investigating releases, spills and leaks from ASTs, effective October 1, 2011, have been added (DEC Rules, Ch. 9, Subch. 1).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Aboveground bulk storage facilities are required by the state to prepare an SPCC Plan meeting the federal requirements beginning October 1, 2011 (DEC Rules, Ch. 9, Appendix A).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Design and installation standards and operating guidelines for ASTs that became effective October 1, 2011 have been added (DEC Rules Ch. 9, Subch. 3 and Appendix A).

West Virginia Drinking Water—Plumbing Code: West Virginia has adopted the 2009 edition of the

International Plumbing Code (87 CSR 4-4.1).

Solid Waste—Solid Waste Recycling: West Virginia has established a covered electronic devices take-back program which sets procedures for covered electronic device manufacturers to register their brands with the state and implement a take-back program for recycling electronic devices. The state program also sets guidelines for municipalities and counties to apply for and receive grants for the purpose of conducting electronic collection events and programs (33 CSR 11).

Wisconsin Drinking Water—Water Quality Standards: Wisconsin expanded the list of

contaminants for which the maximum contaminant level goal (MCLG) is zero (NR 809.07).

Drinking Water—Wellhead Protection Requirements: Wisconsin expanded the list of well types that are subject to special requirements (NR 811.14 – 811.20).

Drinking Water—Water System Security Requirements: Wisconsin specifies that community water systems’ emergency operation plans must include a means for sharing information with customers (NR 810.23).

ENVIRONMENTAL STATE DIFFERENCES Release Notes for All States Release 124 March 2012



The remaining Hazardous Materials Summaries and associated Checklists have been thoroughly reviewed to include current submission standards for the Chemical Inventory (Tier II) reports and to indicate the state’s status in the TRI Data Exchange Network. Specific information for the states with changes are summarized in the Key Changes section below.

The Spill Prevention and Response Planning subsection in the Oil Spill Prevention and Aboveground Storage Tanks section of the State Regulatory Differences has been thoroughly reviewed. Because EPA’s 2002 and later amendments now apply to all facilities except farm operations, the requirements that apply to non-farm facilities have been removed from the checklist created for Rulebook A, “General Requirements and SPCC Plans Pre–2002,” of the Oil and Petroleum module in Environmental Auditing: Federal Compliance Guide. Rulebook A now contains a checklist for use by farm operations only; the checklist for Rulebook A-1, “General Requirements and SPCC Plans (2002 and Later Amendments),” covers all other facilities.

If you have any questions on the State Regulatory Differences Checklists or would like a demonstration of their electronic usage and features, please contact STP’s Lee Grindley-Ferris (phone: 1-800-251-0381; e-mail: [email protected]).





Alabama Hazardous Waste—Hazardous Waste Generators: Alabama now requires large

quantity generators who accumulate hazardous waste in tanks to maintain a description of the procedures that will be used to ensure that all wastes are removed from the tank system at least once during each 90-day period. In addition, large quantity generators must include a map depicting evacuation routes in their contingency plan (335-14-3-.03(5)(a)(1)(ii)).

Hazardous Waste—Hazardous Waste Transporters: Contingency plans that must be carried in each vehicle must be designed in accordance with applicable DOT requirements in 49 CFR 172.602, 172.604, and 172.606 (335-14-4-.02(4)(b)).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Contingency plans prepared by treatment, storage, and disposal facilities must include an evacuation plan that contains a map depicting evacuation routes (335-14-5-.04(3)(f)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Alabama has amended its rules for USTs that had an internal lining installed to comply with upgrade deadlines. Alabama has also revised its corrosion protection requirements for any portion of a tank or piping in contact with the ground and its notification requirements for installation or modification of USTs (335-6-15-.05(5), 335-6-15-.06(b), and 335-6-15-.07(a)(3)).

Underground Storage Tanks—General Operating Requirements: The requirements for managing spill catchment basins, testing cathodic protection systems, and steel UST systems with corrosion protection have been amended (335-6-15-.10(a) and 335-6-15-.10(b), 335-6-15-.09(b), 335-6-15-.13(a)(5), and 335-6-15-.12(f)).

Underground Storage Tanks—Release Detection: Tightness testing requirements and manual tank gauging requirements have been amended (335-6-15-.15(a)(1) and 335-6-15-.17).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Alabama has amended its regulations that require suspected release reporting for monitoring results from inventory control (335-6-15-.20(c)(2)).

Underground Storage Tanks—Certification: Amendments have been made to the Class A, B and C operator requirements. Alabama has also adopted certification requirements for the supervisors of installation, closure, and repair activities (335-6-15-.46(3) and 335-6-15-.47).

Alaska Hazardous Materials—Toxics Release Inventory Reporting: Alaska has become a

node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://dec.alaska.gov/spar/perp/tri/tri_reporters.htm).

California Solid Waste—Solid Waste Landfills: California has established requirements for

corrective action cost estimates, corrective action plans, and financial assurance for corrective action (27 CCR 22100 and 27 CCR 22220).

Solid Waste—Waste Tires: California has amended its waste tire hauler and manifesting regulations (14 CCR 18449 – 18466).

Idaho Hazardous Materials—Toxics Release Inventory Reporting: Idaho is a download

participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.bhs.idaho.gov/Pages/HazardousMaterials/TRI.aspx).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: Several areas in Indiana have been redesignated as attainment for the annual PM2.5 National Ambient Air Quality Standard. The Evansville area (Dubois, part of Gibson, part of Pike, part of Spencer, Vanderburgh, and Warrick Counties) was redesignated effective October 27, 2011; the Cincinnati-Hamilton area (the Lawrenceburg Township in Dearborn County) was redesignated effective December 23, 2011; and the Chicago-Gary-Lake area (Lake and Porter Counties) was redesignated effective February 6, 2012 (40 CFR 81.315).

Kansas Hazardous Waste—Waste Classification: Kansas has completely revised its hazardous

waste regulations, and the waste classification rules have been renumbered and updated (KAR 28-31-261).

Hazardous Waste—Hazardous Waste Generators: Kansas has completely revised its hazardous waste regulations, and the generator rules have been renumbered and updated. Key changes include revisions to criteria for classifying conditionally exempt small quantity generators and Kansas small quantity generators. In addition, small quantity generators must comply with additional requirements for employee training, facility closure, and posting of emergency information. The state has also added new requirements for managing satellite accumulation areas (KAR 28-31-262).

Hazardous Waste—Hazardous Waste Transporters: Kansas has completely revised its hazardous waste regulations, and the hazardous waste transporter rules have been renumbered and updated (KAR 28-31-263).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Kansas has completely revised its hazardous waste regulations, and the rules applicable to treatment, storage, and disposal facilities have been renumbered and updated. Key changes include the adoption of the federal standardized permit option and minor changes to the financial assurance requirements (KAR 28-31-264).

http://www.bhs.idaho.gov/Pages/HazardousMaterials/TRI.aspx

http://dec.alaska.gov/spar/perp/tri/tri_reporters.htm

Hazardous Waste—Used Oil: Kansas has completely revised its hazardous waste regulations, and the used oil rules have been renumbered and updated (KAR 28-31-279).

Hazardous Waste—Universal Waste: Kansas has completely revised its hazardous waste regulations, and the universal waste rules have been renumbered and updated. The universal rules have also been updated to incorporate by reference the current federal rules, thereby adding mercury-containing equipment to the state’s universal waste program (KAR 28-31-273).

Kentucky

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Cincinnati-Hamilton area (Boone, Campbell, and Kenton Counties) was redesignated to attainment for the annual PM2.5 National Ambient Air Quality Standard effective December 15, 2011 (40 CFR 81.318).

Drinking Water—Permitting Requirements: Kentucky has revised the process by which suppliers or potential suppliers of water obtain approval from KDEP to construct or modify a public water system (401 KAR 8:100).

Underground Storage Tanks—Applicability and Scope: Effective October 6, 2011, UST systems eligible for deferral under the federal UST regulations are excluded from the state’s UST regulations. UST systems that store fuel solely for use by emergency power generators and that are installed after April 1, 2012, will be required to comply with release detection requirements (401 KAR 42:011 Section 1).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Amended requirements that apply to owners and sellers of UST systems took effect October 6, 2011. Beginning April 1, 2012, secondary containment is required for USTs, piping, and dispensers that are newly installed. Additional requirements apply to sumps and electric shut-off valves (401 KAR 42:020).

Underground Storage Tanks—General Operating Requirements: Kentucky has adopted delivery prohibition requirements and equipment testing requirements that apply to spill buckets, under-dispenser containment, sumps, overfill prevention devices, and repaired tanks and piping (401 KAR 42:020, 401 KAR 42:030, and 401 KAR 42:045).

Underground Storage Tanks—Release Detection: Effective April 1, 2012, vapor monitoring and groundwater monitoring are no longer acceptable methods of release detection, and electronic interstitial monitoring is required for all newly installed UST systems. Additional amendments require tightness tests to be performed by trained evaluators and pressurized piping systems to be equipped with automatic line leak detectors (401 KAR 42:040).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Kentucky has amended its regulations concerning the classification of a petroleum UST system with a confirmed release as well as its regulations concerning the reporting of spill and overfills of at least 75 gallons of diesel (401 KAR 42:050 Section 5(2) and 401 KAR 42:080).

Underground Storage Tanks—Release Response and Corrective Action: Kentucky has amended its regulations for “No Further Action” letters by adding conditions under which the state will revoke the letter (401 KAR 42:060 Section 9(1) and Section 9(3)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Kentucky has amended its requirements for permanent closure of UST systems. Beginning October 1, 2012, the state will impose additional requirements on UST systems that were temporarily closed for more than 12 months and that are returned to service (401 KAR 42:070).

Underground Storage Tanks—Certification: Kentucky requires operators of UST systems to be trained by August 8, 2012. Persons who perform UST system repairs must be certified by the State Fire Marshal (401 KAR 42:340 Section 1 and 401 KAR 42:020).

Louisiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Baton Rouge area (including Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge parishes) was redesignated as attainment for the 8-hour ozone National Ambient Air Quality Standard effective December 30, 2011 (40 CFR 81.319).

Maryland Hazardous Materials—Toxics Release Inventory Reporting: Maryland has become a

download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Massachusetts Underground Storage Tanks—Certification: Massachusetts has amended its operator

training requirements and added a new requirement for Class A and B operators who have been trained in other states and wish to work in Massachusetts (310 CMR 80.02).

Missouri Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Missouri

has amended and moved the location of its AST release reporting requirements in its regulations (10 CSR 26-5).

Montana Air Quality—Hazardous Air Pollutants: DEQ has updated its regulations for asbestos

abatement projects, including a requirement that DEQ must receive notification of intent to demolish or renovate a building at least 10 days before any asbestos-related activity begins (ARM 17.74.301 et seq).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Beginning September 1, 2011, DEQ ended the use of operating tags and replaced them with permanent non-expiring tags that will be issued with operating permits (ARM 17.56.308 – 17.56.311).

Underground Storage Tanks—General Operating Requirements: DEQ added new delivery prohibition requirements that took effect October 14, 2011 (ARM 17.56.312).

Nevada Hazardous Waste—Hazardous Waste Generators: Nevada has repealed the

requirement for small quantity generators to submit biennial hazardous waste reports (NAC 444.8675).

http://www2.epa.gov/toxics-release-inventory-tri-program

New Hampshire

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Oil importers must obtain an oil discharge and pollution control license from the New Hampshire Road Toll Bureau (Saf-C 4200 – 4400 and Saf-C 4800).

New Jersey Drinking Water—Permitting Requirements: Permits issued for public community

water systems after February 7, 2011, are valid for 5 years, with a 2-year extension available if construction is not completed within 5 years (NJAC 7:10- 11.5).

Drinking Water—Cross Connection Control and Backflow Prevention: After February 7, 2012, a holder of a physical connection permit must use a certified tester to do quarterly pressure tests and inspections; and records of such tests and inspections must be maintained for at least 5 years (NJAC 7:10-10.2).

New Mexico Hazardous Materials—Toxics Release Inventory Reporting: New Mexico has

become a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

North Carolina • Air Quality—Air Quality Permitting and Management: Nonattainment Areas and

Requirements: The Greensboro-Winston Salem-High Point area (Davidson and Guilford Counties) and Catawba County were redesignated to attainment for the annual PM2.5 National Ambient Air Quality Standard effective November 18, 2011 (40 CFR 81.334).

Hazardous Materials—Toxics Release Inventory Reporting: North Carolina has become a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Cincinnati-Hamilton area (consisting of Butler, Clermont, Hamilton, and Warren Counties) was redesignated as attainment for the annual PM2.5 National Ambient Air Quality Standard effective December 23, 2011 (40 CFR 81.336).

Oklahoma Hazardous Materials—Reporting of Chemical Inventories: Tier II forms must be

prepared using EPA’s Tier2 Submit software and must be submitted electronically using the Oklahoma Tier2 online filing system. The state distributes the information to LEPCs and fire departments, so this single filing meets all reporting requirements (OAC 252:20-1-4(b)).

Hazardous Materials—Toxics Release Inventory Reporting: Oklahoma is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.deq.state.ok.us/LPDnew/saratitleiii/tri.htm).

http://www.deq.state.ok.us/LPDnew/saratitleiii/tri.htm



Oregon Hazardous Materials—Reporting of Chemical Inventories: As of 2011, facilities may

request to receive and submit the annual survey electronically; otherwise OSFM mails out paper surveys for facilities to complete and submit via mail (http://egov.oregon.gov/OSP/SFM/CR2K_Home.shtml).

Hazardous Materials—Toxics Release Inventory Reporting: Oregon is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Puerto Rico Hazardous Materials—Reporting of Chemical Inventories: Puerto Rico requires

facilities to prepare reports electronically using EPA's Tier2 Submit program and mail the reports on CD or floppy disk to JCA and the LEPC. A printed copy must be provided to the fire department with jurisdiction over the facility (http://www2.pr.gov/agencias/jca/areasprogramaticas/arearespuestaemergenciasambientales/Pages/default.aspx and http://www.epa.gov/emergencies/content/epcra/statetier2.htm).

Hazardous Materials—Toxics Release Inventory Reporting: Puerto Rico is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Rhode Island Hazardous Materials—Reporting of Chemical Inventories: Rhode Island requires

facilities to prepare reports electronically using EPA's Tier2 Submit program and submit them via email to DLT and the LEPC (http://www.dlt.state.ri.us/webdev/osha/epcra.htm).

Hazardous Materials—Toxics Release Inventory Reporting: Rhode Island is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

South Dakota Hazardous Materials—Reporting of Chemical Inventories: South Dakota only

accepts paper copies of forms, however, EPA's Tier2 Submit program may be used to create the report (http://denr.sd.gov/des/gw/SARATitleIII/Sara_Title_III.aspx). Facilities filing Tier II reports must pay a fee (SDCL 1-50-8(1)).

Hazardous Materials—Toxics Release Inventory Reporting: South Dakota is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements. Facilities filing TRI reports must pay a fee (SDCL 1-50-8(2)).

Hazardous Waste—Waste Classification: A reference to the fact that South Dakota has not adopted the federal emission-comparable fuel exclusion has been removed, as this exclusion has been repealed by EPA (ARSD 74:28:22).

http://www2.pr.gov/agencias/jca/areasprogramaticas/arearespuestaemergenciasambientales/Pages/default.aspx

http://www2.pr.gov/agencias/jca/areasprogramaticas/arearespuestaemergenciasambientales/Pages/default.aspx

http://denr.sd.gov/des/gw/SARATitleIII/Sara_Title_III.aspx


http://www.dlt.state.ri.us/webdev/osha/epcra.htm


http://www.epa.gov/emergencies/content/epcra/statetier2.htm


http://www.oregon.gov/OSP/SFM/Pages/CR2K_Home.aspx

Tennessee Hazardous Materials—Reporting of Chemical Inventories: TEMA will accept

electronic reports submitted online via E-Plan; certain LEPCs and fire departments may also accept E-Plan submissions. Facilities may also continue to file paper reports with all agencies (http://www.tnema.org/ema/preparedness/technical/chemicalinfo.html).

Hazardous Materials—Toxics Release Inventory Reporting: Tennessee is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Hazardous Waste—Hazardous Waste Generators: Tennessee has added new requirements for conditionally exempt small quantity generators that manage liquid hazardous wastes (Rule 1200-01-11-.02(1)(e)(7)(iv)). In addition, Tennessee has established regulations implementing the state’s Hazardous Waste Reduction Act, which requires small and large quantity hazardous waste generators to develop a hazardous waste reduction plan (Rule 1200-01-11-.03(6)). Finally, a number of revisions have been made to the regulations implementing Tennessee’s Drycleaner Environmental Response Program, which establishes special solvent handling requirements for drycleaning facilities and in-state wholesale dry-cleaning solvent distribution facilities, including requirements related to waste management (Rule 1200-01-17).

Hazardous Waste—Hazardous Waste Transporters: Tennessee has revised the transporter rules to allow transfer facilities to use an equivalent tracking system instead of the TDEC forms that must be used to log shipments entering and leaving the facility (Rule 1200-01-11-.04(3)(c)(2)).

Hazardous Waste—Universal Waste: Tennessee has revised the universal waste rules to add requirements for satellite accumulation of universal wastes, to allow alternative labeling of universal waste lamps, and to make revisions to the requirements for lamp crushing (Rule 1200-01-11-.12).

Texas Drinking Water—Recordkeeping and Reporting Requirements: Under revised

recordkeeping requirements, turbidity monitoring results and exception reports for individual filters are now required to be retained for at least 5 years, and records relating to lead and copper compliance activities must be retained for at least 12 years (30 TAC 290.46).

Drinking Water—Public Notification: Public notification requirements were revised to include situations other than violations that may pose an acute threat to public health (30 TAC 290.122).

Utah Hazardous Materials—Reporting of Chemical Inventories: Utah encourages

electronic submission using EPA’s Tier2 Submit software. No state fee is required; however, certain LEPCs may charge filing fees or hazardous materials permit fees (Tier II Supplemental Guidance Document available at www.superfund.utah.gov/t2home.htm).

Hazardous Materials—Toxics Release Inventory Reporting: Utah is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).




Vermont Hazardous Materials—Reporting of Chemical Inventories: Vermont encourages

facilities to prepare reports using EPA’s Tier2 Submit software (EPCRA Program Regs, Sec. 5).

Hazardous Materials—Toxics Release Inventory Reporting: Since Vermont does not participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Virginia Wetlands: Changes were made to reflect re-numbering of Virginia citations (9 VAC 25-

210-180).

Washington Hazardous Materials—Reporting of Chemical Inventories: Facilities may file with

Ecology online by registering for Tier Two Online, but Ecology also accepts paper copies (http://www.ecy.wa.gov/epcra/reportingform.html).

Hazardous Materials—Toxics Release Inventory Reporting: Washington is a node participant in the State Data Exchange Network. Washington strongly encourages facilities to file online via TRI-MEweb to meet state and federal submittal requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

West Virginia Hazardous Materials—Reporting of Chemical Inventories: WVSERC encourages

facilities to prepare reports using EPA's Tier2 Submit program and file by CD or email; however WVSERC also accepts paper copies of forms. Those facilities filing electronically must also submit a certification statement with an original signature (2012 Facility Letter).

Hazardous Materials—Toxics Release Inventory Reporting: West Virginia is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Wisconsin Agency Contact Information: The creation of the Wisconsin Department of Safety and

Professional Services (DSPS), which combines the Department of Regulation and Licensing and parts of the Department of Commerce, has also required changes to Administrative Code numbering. Codes formerly under the Department of Commerce (COMM) now use the SPS designation. In addition, the numbers have increased by 300. For example, COMM 5 has become SPS 305. The agency contact information, as well as agency and regulatory references throughout the Guide, have been updated (http://dsps.wi.gov/).

Wyoming Hazardous Materials—Toxics Release Inventory Reporting: Since Wyoming does not

participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).


http://dsps.wi.gov/Home



http://www.ecy.wa.gov/epcra/reportingform.html


ENVIRONMENTAL STATE DIFFERENCES Release Notes for All States Release 123 December 2011


Information related to topic additions or other upgrades made to the Environmental State Differences resource is provided in this section. For details regarding state-specific regulatory updates, refer to the “Key Changes” section of these Release Notes.

The Air Quality section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include, as applicable, coverage for Rulebook C-16, “40 CFR 63 Subpart ZZZZ—MACT Standards for Stationary Reciprocating Internal Combustion Engines (RICE)” of the Air Quality module in Environmental Auditing: Federal Compliance Guide.

The Hazardous Materials section has been thoroughly reviewed to include current submission standards for the Chemical Inventory (Tier II) reports as well as to indicate the state’s status (as of August 2011) in the TRI Data Exchange Network (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

The Wastewater section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook B, “Release Notification” of the Hazardous Materials module in Environmental Auditing: Federal Compliance Guide.

The Hazardous Waste section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to incorporate changes made to Section 8, “Releases of Hazardous Wastes, Universal Wastes, and Used Oil” in Rulebook B, “Release Notification” of the Hazardous Materials module in Environmental Auditing: Federal Compliance Guide.









Alabama Hazardous Materials—Reporting of Chemical Inventories: Alabama encourages

facilities to use EPA's Tier2 Submit program to prepare their Tier II reports. Reports may be submitted via email, or a diskette may be mailed to the Alabama Department of Environmental Management (ADEM). Facilities must keep a signed paper copy of the certification statement that ADEM sends upon receipt of the facility's Tier II report (http://adem.alabama.gov/MoreInfo/saraIII.cnt).

Hazardous Materials—Toxics Release Inventory Reporting: Alabama encourages facilities to use EPA's TRI-ME program to prepare TRI reports (http://adem.alabama.gov/MoreInfo/saraIII.cnt). In September 2011, Alabama became a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Solid Waste—Solid Waste Recycling: Alabama has adopted new rules for materials recovery facilities, recoverable materials processing facilities, and other facilities that receive, store, process, and sell recovered materials that are not used in any onsite, end-use manufacturing process (335-13-3).

Alaska Hazardous Materials—Reporting of Chemical Inventories: Alaska will accept

computer-generated Tier II forms, provided that all the specific information required by the state is reported and that the specific LEPC covering the area where the reporting facility is located accepts these alternative forms. The state does not accept electronic reports (http://www.ak-prepared.com/serc/tier.htm).

Hazardous Materials—Toxics Release Inventory Reporting: Since Alaska does not participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state.

Solid Waste—Overall Solid Waste Management Requirements: Alaska now offers the option of a research, development, and demonstration permit for facilities that treat or dispose of solid wastes. The state has also repealed the solid waste management planning requirements that required permit applicants to consider other solid waste management options (18 AAC 60.200 and 18 AAC 60.205).

Solid Waste—Solid Waste Landfills: Alaska now offers the option of a research, development, and demonstration permit for solid wastes landfills (18 AAC 60.200).

Solid Waste—Petroleum-Contaminated Soils: Alaska has revised the definition of polluted soil (18 AAC 60.990).

http://www.ak-prepared.com/serc/tier.htm



Arizona Hazardous Materials—Reporting of Chemical Inventories: Arizona strongly

encourages facilities to file online via the Arizona Emergency Response Commission (AZSERC) Tier II website. This one submission will satisfy the requirement to file with AZSERC, all Arizona LEPCs, and some local fire departments. Paper copies are accepted for facilities without internet access or for fire departments that have not agreed to accept online reports (ARS 26-350). Arizona does not accept submissions created with EPA's Tier2 Submit software.

Hazardous Materials—Toxics Release Inventory Reporting: Arizona is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their requirements to report to AZSERC and the Arizona Department of Environmental Quality (ADEQ).

Arkansas Hazardous Materials—Reporting of Chemical Inventories: Facilities must mail a CD

or diskette with an electronic report to Arkansas Department of Emergency Management (ADEM) that was prepared using the federal Tier2 Submit software—reports cannot be sent via email. Some LEPCs accept electronic information; others require filing via paper copies. Separate reports (and fees) are required for each separate location, including each lease recorded with the Oil and Gas Commission (Tier II Letter at http://www.adem.arkansas.gov/ADEM/Divisions/Preparedness/HazMatRep/index.aspx).

Hazardous Materials—Toxics Release Inventory Reporting: Arkansas requires facilities to file via U.S. EPA's TRI-MEweb online. Because Arkansas is a node participant in the TRI State Data Exchange Agreement, this one submission also meets the state submittal requirements.

California

Hazardous Materials—EPCRA Section 313 Toxics Release Inventory Reporting: California is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: New financial responsibility requirements took effect August 19, 2011, for vessels, barges, marine terminals, marine facilities, small marine fueling facilities, and mobile transfer units (14 CCR 791 – 797).

Colorado Hazardous Materials—Reporting of Chemical Inventories: Beginning for Reporting

Year 2010, Colorado facilities must report electronically using U.S. EPA’s Tier2 Submit software unless inadequate Internet connection and/or computer capacity prevent such filing (8 CCR 1309-1).

Hazardous Materials—Toxics Release Inventory Reporting: Colorado requires facilities to submit TRI reports online via the State Data Exchange Network or on paper; electronic reports submitted via CD or disk are not permitted (http://www.cdphe.state.co.us/oeis/sara/TRIReport.html).

Connecticut Agency Contact Information: The Department of Environmental Protection has merged

with the Department of Public Utility Control to become the Department of Energy and Environmental Protection (DEEP). The Agency Contact Information, as well as references throughout the Guide, have been updated (the agency is still in the process of updating certain websites).

Hazardous Materials—Reporting of Chemical Inventories: Connecticut recommends that facilities report electronically using U.S. EPA’s Tier2 Submit software. The facilities must continue to submit a signed certification page to the state (CT Tier II instructions).

Hazardous Materials—Toxics Release Inventory Reporting: Connecticut only accepts paper, not electronic, TRI reports. Facilities must file separately with EPA and the state (CT TRI Instructions).

Delaware Hazardous Materials—Reporting of Chemical Inventories: Delaware strongly

encourages facilities to report online using its Tier II Manager™ reporting system, although paper forms are also accepted. Facilities reporting online must mail in a separate certification letter and fee summary (Tier II instructions at http://www.dnrec.delaware.gov/SERC/Services/Pages/HazardousChemicalinventoryReporting.aspx).

Hazardous Materials—Toxics Release Inventory Reporting: Delaware is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Florida Hazardous Materials—Reporting of Chemical Inventories: Information was added to

clarify that facilities must submit two state-specific forms: “Consolidated Annual Registration Form” and “Annual Emergency and Hazardous Chemical Inventory Tier II Form,” preferably online (2010 Annual Memo).

Hazardous Materials—Toxics Release Inventory Reporting: Florida is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Solid Waste—Solid Waste Landfills: Florida has established a new general permit for facilities that dispose of only land clearing debris (FAC 62-701.803).

Solid Waste—Other Treatment Technologies: Florida has established requirements for facilities producing compost from solid waste (FAC 62-709).

Solid Waste—Solid Waste Recycling: Florida has repealed its regulations for materials recovery facilities; these facilities are now required to meet the state’s regulations for processing facilities. In addition, requirements for persons who handle, purchase, receive, recover, sell, or who are end users of recovered materials have been added (FAC 62-722).

http://www.dnrec.delaware.gov/SERC/Services/Pages/HazardousChemicalinventoryReporting.aspx

Georgia Hazardous Materials—Reporting of Chemical Inventories: Georgia requires facilities

to submit Tier II reports online via E-Plan, which satisfies SERC, LEPC, and fire department reporting requirements (http://www.gaepd.org/Documents/tier2.html).

Hazardous Materials—Toxics Release Inventory Reporting: Georgia is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Solid Wastes—Petroleum-Contaminated Soils: The requirement that petroleum-contaminated soil generated as a result of a release from a UST may only be transported to permitted storage, treatment, or disposal facilities has been added (this requirement had previously been found in the Underground Storage section) (391-3-15-.09(5)).

Solid Wastes—Other Solid Wastes: The definition of “special solid wastes” has been clarified as meaning any out-of-state wastes (O.C.G.A. 12-8-22(37)).

Hawaii Hazardous Materials—Reporting of Chemical Inventories: Hawaii encourages

facilities to prepare their Hawaii Chemical Inventory Forms (HCIFs)/Tier II reports electronically using EPA’s Tier2 Submit software and file electronically. Paper forms, however, are also accepted (Hawaii Tier II Instructions, as found at http://hawaii.gov/health/environmental/hazard/hepcra_reporting.html).

Hazardous Materials—Toxics Release Inventory Reporting: Hawaii is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Idaho Hazardous Materials—Reporting of Chemical Inventories: Idaho encourages

facilities to prepare Tier II reports using U.S. EPA’s Tier2 Submit software. BHS, as well as certain LEPCs and fire departments, will accept such reports electronically via email. Paper copies of reports, however, are also accepted (http://www.bhs.idaho.gov/Pages/HazardousMaterials/TierII.aspx).

Illinois Hazardous Materials—Toxics Release Inventory Reporting: Illinois is a node

participant in the State Data Exchange Network. Illinois strongly encourages facilities to file their TRI reports online with EPA, thereby also fulfilling their state reporting requirements.

Indiana Hazardous Materials—Reporting of Chemical Inventories: As of 2011 (for reporting

year 2010), facilities must submit online using the Indiana Department of Environmental Management's Regulatory Services Portal (RSP) (http://www.in.gov/idem/5285.htm).

Hazardous Materials—Toxics Release Inventory Reporting: Indiana is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

http://hawaii.gov/health/environmental/hazard/hepcra_reporting.html

http://www.bhs.idaho.gov/Pages/HazardousMaterials/TierII.aspx

http://www.gaepd.org/Documents/tier2.html

http://www.in.gov/idem/5285.htm

Underground Storage Tanks—Applicability and Scope: Updates have been made to the requirements for emergency power generators and USTs that are excluded from the state’s UST regulations (329 IAC 9-1-1).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements for newly installed or replaced UST systems and motor fuel dispensers have been added (329 IAC 9-3-1.2, 9-3-1.3, and 329 IAC 9-2-1(4)).

Underground Storage Tanks—General Operating Requirements: Delivery prohibition requirements have been added (329 IAC 9-4.5-1(f)).

Underground Storage Tanks—Closure and Out-of-Service USTs: The requirement to close any red-tagged UST system that has been out of compliance for more than six consecutive months has been added (329 IAC 9-4.5-1(h)).

Underground Storage Tanks—Certification: The requirement for workers to be certified if they test, upgrade, close, remove, or perform a change-in-service has been added (329 IAC 9-2-2(f)).

Iowa Hazardous Materials—Reporting of Chemical Inventories: Iowa encourages facilities

to use its On-line Tier II Manager to submit reports to Iowa Department of Natural Resources (IDNR). IDNR forwards these electronic reports to LEPCs, but facilities submitting online must still print paper copies for their local fire departments. IDNR and LEPCs will also accept paper copies of Tier II forms (http://www.iowadnr.gov/InsideDNR/RegulatoryLand/EmergencyPlanningEPCRA/ChemicalInventoryReporting.aspx).

Hazardous Materials—Toxics Release Inventory Reporting: Iowa is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Kansas Hazardous Materials—Reporting of Chemical Inventories: Tier II reports may be

submitted electronically via the state’s online Tier II reporting application (although paper reports are also accepted) (http://www.kdheks.gov/asbestos/download/Tier_II_Reporting_Info.pdf).

Hazardous Materials—Toxics Release Inventory Reporting: Kansas is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements. Information was added to clarify that fee calculation worksheets must be submitted with every TRI report, whether or not the facility owes fees (KAR 28-65-4(b) and http://www.kdheks.gov/asbestos/download/R_A_Fee_Worksheet.pdf).

Kentucky Hazardous Materials—Reporting of Chemical Inventories: Kentucky prefers

facilities to prepare Tier II reports using EPA's Tier2 Submit program. Fayette and Jefferson Counties require electronic submission of Tier2 Submit files (http://kyem.ky.gov/programs/Pages/SARATitleIII.aspx).

Hazardous Materials—Toxics Release Inventory Reporting: Kentucky is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

http://kyem.ky.gov/programs/Pages/SARATitleIII.aspx

http://www.kdheks.gov/asbestos/download/R_A_Fee_Worksheet.pdf

http://www.kdheks.gov/asbestos/download/Tier_II_Reporting_Info.pdf

http://www.iowadnr.gov/InsideDNR/RegulatoryLand/EmergencyPlanningEPCRA/ChemicalInventoryReporting.aspx

Louisiana Hazardous Materials—Reporting of Chemical Inventories: Tier Two forms must be

filed electronically with the Louisiana State Police Right-to-Know Unit (although small businesses may still use paper forms). Certain LEPCs and all fire departments, however, require paper copies of the reports (LAC 33:V.10119, LAC 33:V.10121, and http://www.lsp.org/pdf/rtk_instructions.pdf).

Hazardous Materials—Toxics Release Inventory Reporting: Louisiana is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements (http://www.deq.louisiana.gov/portal/tabid/105/Default.aspx).

Maine Hazardous Materials—Reporting of Chemical Inventories: Maine requires facilities

to prepare electronic reports for SERC and LEPCs using EPA's Tier2 Submit program. Some fire departments also accept electronic reports; others require paper copies (2011 SERC Facility Letter).

Hazardous Materials—Toxics Release Inventory Reporting: Maine requires facilities to submit TRI reports online via the State Data Exchange Network (2011 SERC Facility Letter).

Solid Waste—Overall Solid Waste Management Requirements: Maine has added “composting facility” to the definition of solid waste facility (06-096 CMR 400.1).

Solid Waste—Solid Waste Landfills: Maine has added permit-by-rule for facilities that dispose of cull potatoes by burial. In addition, information on operator training and certification has been added (06-096 CMR 401.8).

Solid Waste—Other Solid Wastes: Maine has established regulations for consolidators of electronic devices (06-096 CMR 415.2).

Solid Waste—Other Treatment Technologies: Maine has established new regulations for solid waste composting facilities that are now separate from the rules for processing facilities (06-096 CMR 409 – 410).

Maryland Hazardous Materials—Reporting of Chemical Inventories: Facilities must use the

Maryland Online Tier II Reporting System (MOTTRS) to complete and submit Tier II reports electronically. This online submission also fulfills the requirement to report for certain LEPCs; other LEPCs and fire departments still require signed paper copies (http://www.mde.state.md.us/programs/BusinessInfoCenter/Community%20Right%20To%20Know/Pages/BusinessInfoCenter/crtk/index.aspx).

Hazardous Materials—Toxics Release Inventory Reporting: Since Maryland does not participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state.

Solid Waste—Other Solid Wastes: Maryland has adopted regulations for the generation, handling, storage, processing, recycling, disposal, or beneficial use of coal combustion byproducts (COMAR 26.04.10).

http://www.lsp.org/pdf/rtk_instructions.pdf

http://www.deq.louisiana.gov/portal/tabid/105/Default.aspx

http://www.mde.state.md.us/programs/BusinessInfoCenter/Community%20Right%20To%20Know/Pages/BusinessInfoCenter/crtk/index.aspx

Underground Storage Tanks—Applicability and Scope: The applicability of the state’s requirements to USTs of 1,100 gallons capacity or less that store petroleum products at a private residence or farm have been added. (COMAR 26.10.10.02 and 26.10.10.04(B)(64)).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements have been added for spill catchment basins, permitting, secondary containment, piping, tank excavation areas and notification (COMAR 26.10.02 and 26.10.03).

Underground Storage Tanks—General Operating Requirements: Delivery prohibition, inspections, spill and overfill, repairs, and requirements for Class A, B, and C operators have been added (COMAR 26.10.02.01, 26.10.03, 26.10.04, and 26.10.16).

Underground Storage Tanks—Release Detection: Release detection methods that are permissible to MDE have been updated (COMAR 26.10.05).

Underground Storage Tanks—Release Reporting, Investigation, and Confirmation: Suspected and confirmed release reporting times have been amended (COMAR 26.10.08.04).

Underground Storage Tanks—Release Response and Corrective Action: Clarification has been added that the state’s UST Site Clean-up Fund may not be used to provide evidence of financial responsibility (COMAR 26.10.14).

Underground Storage Tanks—Financial Responsibility: The insurance pool that provides local governments with an additional mechanism to obtain environmental liability coverage has been added (COMAR 26.10.11.02).

Underground Storage Tanks—Certification: Maryland has added training deadlines and requirements for Class A, B, and C operators that take effect August 8, 2012. The requirement that MDE-certified inspectors be used to conduct environmental compliance audits and inspections of UST systems has also been added (COMAR 26.10.06 and 26.10.16).

Massachusetts Hazardous Materials—Reporting of Chemical Inventories: Information has been

added to clarify that Tier II reports must be submitted electronically whenever possible (SERC Policy #5).

Hazardous Materials—Toxics Release Inventory Reporting: Massachusetts is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Hazardous Materials—State-Specific Hazardous Materials Planning Requirements: Information has been added to clarify that Toxic Use Reduction (TUR) plans are due by July 1 of each even-numbered calendar year, unless the facility is filing its first toxics use report that year (310 CMR 50.40 – 50.49).

Hazardous Waste—Waste Classification: A reference to the federal emission-comparable fuels exclusion, which has been repealed, was deleted as it is no longer relevant.

Hazardous Waste— Hazardous Waste Generators: The generator requirements were updated to note that Massachusetts does not provide an exemption for farmers for disposal of waste pesticides (310 CMR 30.750(2)(b)).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Requirements for TSD facilities were updated to note that only interim status facilities may use containment buildings and that placement of any ignitable or reactive wastes in any land disposal unit is prohibited (310 CMR 30.750(2)(d)).

Hazardous Waste—Used Oil: Board of Fire Prevention Regulations for waste oil tanks have been added (527 CMR 9.06).

Solid Waste—Solid Waste Landfills: Information has been added on environmental monitoring by landfills and on additional operation and maintenance requirements applicable to landfills that accept ash (310 CMR 19.131 and 19.132).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: The effective date of the ban on the disposal of home sharps and unopened packages of hypodermic needles and lancets with solid municipal waste or household waste has been changed from July 1, 2010 to July 1, 2012 (105 CMR 480.125(A)).

Solid Waste—Other Solid Wastes: The list of materials that are banned from disposal or transfer for disposal has been updated to add clean gypsum board to this list, effective July 1, 2011. Also, requirements for mercury-added products have been updated, and information on mercury-added components from motor vehicles has been added (310 CMR 19.017 and 310 CMR 74.00).

Underground Storage Tanks—General Operating Requirements: Requirements for keeping records regarding operators have been updated in accordance with the repeal of regulations at 527 CMR 9.07(Q) and (R) and the adoption of emergency regulations at 310 CMR 80.00 (310 CMR 80.01 and 80.02).

Underground Storage Tanks—Certification: Effective May 16, 2011, emergency Class A, B, and C operator training regulations were adopted to allow owners/operators of UST facilities to develop and implement their own training program for Class A, B and C operators without Department of Environmental Protection (DEP) review; instead, DEP will administer a test that the operators must pass to become certified. Class A, B, and C operators must continue to meet training and certification deadlines by August 8, 2012 (310 CMR 80.02).

Michigan Hazardous Materials—Reporting of Chemical Inventories: Tier II reports must be

submitted to the Michigan SARA Title III program online using Tier II Manager. For certain counties, this one online submission is also received by LEPCs and fire departments and no further filing is necessary; facilities in remaining counties must send signed paper copies to their LEPC and fire department. No fees are required (Instructions at http://www.michigan.gov/deq/1,1607,7-135-3307_3667_4139---,00.html).

Hazardous Materials—Toxics Release Inventory Reporting: Michigan encourages facilities to submit TRI reports online via EPA's Central Data Exchange using TRI-MEweb (http://www.michigan.gov/deq/0,4561,7-135-3307_29815_4138---,00.html).

Minnesota Hazardous Materials—Reporting of Chemical Inventories: Information was added to

clarify that public sector facilities subject to OSHA regulations must also file a Tier II report (Minn. Stat. 299K.08 Subd. 2) and that the EPCRA Program prefers facilities to file online using the state’s Tier II Manager (SARA Title III information package, page 34).

Hazardous Materials—Toxics Release Inventory Reporting: Minnesota is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Mississippi Hazardous Materials—Reporting of Chemical Inventories: Mississippi accepts either

electronic or paper copies of Tier II forms (http://www.msema.org/library/tier_two.html).

Hazardous Materials—Toxics Release Inventory Reporting: Mississippi is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Missouri Hazardous Materials—Toxics Release Inventory Reporting: Missouri will accept

paper or CD copies of reports (http://www.dnr.mo.gov/env/tri/index.htm). Since Missouri does not participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state.

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Missouri has adopted financial responsibility requirements for owners and operators of aboveground storage tanks; the requirements took effect August 30, 2011 (2 CSR 90-30.086).

Montana Hazardous Materials—Toxics Release Inventory Reporting: Montana does not

participate in the State Data Exchange Network. Facilities that file their TRI reports online with EPA must also file a separate state report.

Hazardous Waste—Waste Classification: A reference to the federal emission-comparable fuels exclusion, which has been repealed, was deleted as it is no longer relevant.

Underground Storage Tanks—Applicability and Scope: Montana has amended its regulations to exempt certain USTs from the operator certification requirements (ARM 17.56.102).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Annual registration fees must now be paid before Montana will issue the UST operating permit (ARM 17.56.1001 and ARM 17.56.1305(4)).

Underground Storage Tanks—General Operating Requirements: Follow-up inspection reports may now be submitted to DEQ within 30 days of completing the corrective actions or 14 days before the expiration of the facility's operating permit, unless another time frame is determined by DEQ (ARM 17.56.309(10)).

http://www.dnr.mo.gov/env/tri/index.htm

Nebraska Hazardous Materials—Reporting of Chemical Inventories: Nebraska encourages

facilities to use the online NDEQ Tier II System to prepare their annual Tier II reports, but printed forms are also accepted (http://www.ndeq.state.ne.us/).

Hazardous Materials—Toxics Release Inventory Reporting: Since Nebraska does not participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state.

Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Oil and hazardous substance release reporting requirements have been added (126 NAC 18-002).

Nevada Hazardous Materials—Reporting of Chemical Inventories: Nevada strongly

encourages facilities to submit online using the Online Hazardous Materials Reporting System (the one submission fulfills both federal and state requirements) (http://www.fire.state.nv.us/Hazmat%20Office.shtml).

Hazardous Materials—Toxics Release Inventory Reporting: Nevada is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Underground Storage Tanks—Release Response and Corrective Action: The state has deleted its release reporting requirements of NAC 459.9973 – 459.9976.

New Hampshire Hazardous Materials—Reporting of Chemical Inventories: As of Reporting Year

2010, Tier II reports must be completed using EPA's Tier2 Submit software, and the electronic information must be sent to New Hampshire via email or a CD. Paper copies are no longer accepted (Tier II 2011 Letter to Facilities).

Hazardous Materials—Toxics Release Inventory Reporting: As of 2011, New Hampshire will no longer accept paper forms, so facilities must file online using EPA's TRI-MEweb program. Since New Hampshire does not participate in the TRI State Data Exchange agreement with U.S. EPA, however, all facilities must file separate reports with EPA and the state (Tier II 2011 Letter to Facilities).

New Jersey Hazardous Materials—Toxics Release Inventory Reporting: New Jersey is a node

participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements. Facilities that file by mail must also submit a signed certification letter (NJ RPPR Instructions).

Hazardous Waste—Used Oil: New Jersey has made minor revisions to the requirements for used oil collection centers (NJAC 7:26A-6).

Hazardous Waste—Universal Wastes: New Jersey has updated its universal waste rules to incorporate federal rules for mercury-containing equipment; the state previously had its own rules for mercury-containing devices. The universal waste rules have also been amended to require secondary containment in areas where oil-based finishes are managed (NJAC 7:26A-7).

http://www.ndeq.state.ne.us/

Solid Waste—Solid Waste Transfer Facilities and Transporters: New Jersey now requires rail carriers that transfer noncontainerized solid waste to obtain a solid waste facility permit. The state also added a prohibition on mixing source-separated recyclable material with solid waste and has adopted requirements for vehicles transporting recyclable materials (NJAC 7:26-2.1 and 7:26-2D.1).

Solid Waste—Solid Waste Recycling: New requirements for generators of materials designated for source-separated recycling have been added. New Jersey also revised the requirements for recycling centers and updated the definition of Class C recyclable materials (NJAC 7:26A).

New Mexico Hazardous Materials—Reporting of Chemical Inventories: New Mexico requires Tier

II reports to be prepared electronically using EPA’s Tier2 Submit software. Forms may submitted online or electronic media may be mailed to DHSEM. Paper reports are not accepted by the state; however, some LEPCs and fire departments still require paper submissions (http://www.nmdhsem.org/Tier2.aspx).

New York Hazardous Materials—Reporting of Chemical Inventories: New York encourages

facilities to file online by March 1 using E-Plan. The state does not accept electronic reports submitted through EPA's Tier2 Submit software. Some LEPCs and fire departments accept E-Plan filing, while others continue to require printed Tier II forms (http://www.dhses.ny.gov/oem/disaster-prep).

Hazardous Materials—Toxics Release Inventory Reporting: New York is a node participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

North Carolina Hazardous Materials—Reporting of Chemical Inventories: North Carolina requires

all facilities to submit their Tier II reports online using E-Plan (http://www.nccrimecontrol.org/Index2.cfm?a=000003,000010,000064,000390,000391).

North Dakota Hazardous Materials—Reporting of Chemical Inventories: The state encourages

facilities to file their annual Tier II reports by March 1 using its web-based Tier II reporting software. Printed copies of the report must be filed with the LEPC and local fire department (Web-Based Tier II Reporting, Facility Submission Guidelines).

Hazardous Materials—Toxics Release Inventory Reporting: The state only accepts paper reports prepared with EPA’s TRI-ME program. Since North Dakota does not participate in the TRI State Data Exchange agreement with U.S. EPA, all facilities must file separate reports with EPA and the state.

Underground Storage Tanks—General Operating Requirements: North Dakota amended its UST regulations to add requirements for delivery prohibition, signage at unattended cardtol facilities, and monthly inspection that took effect April 1, 2011 (33-24-08-36, 33-24-08-44, and 33-24-08-49).

Underground Storage Tanks—Certification: North Dakota has added training deadlines and requirements for Class A, B, and C operators that take effect August 8, 2012 (33-24-08-45 – 33-24-08-48).

https://www.nccrimecontrol.org/Index2.cfm?a=000003,000010,000064,000390,000391

http://www.dhses.ny.gov/oem/disaster-prep/

http://www.nmdhsem.org/Tier2.aspx

Ohio Hazardous Materials—Reporting of Chemical Inventories: Ohio encourages facilities

to prepare Tier II reports using EPA's Tier2 Submit software; however, paper copies are also accepted. Facilities must continue to submit a certification letter and site map along with the Tier II information (Ohio SERC Facility Reporting Compliance Manual).

Hazardous Materials—Toxics Release Inventory Reporting: Ohio is a download participant in the State Data Exchange Network. Facilities that file their TRI reports online with EPA also fulfill their state reporting requirements.

Underground Storage Tanks—Design, Construction, Installation, and Registration: Performance standards for new and existing UST systems have been updated, with new requirements for secondary containment added to USTs, piping, and dispensers that are installed, modified, or replaced after May 16, 2011 (OAC 1301:7-9-06).

Underground Storage Tanks—General Operating Requirements: Requirements have been added regarding delivery prohibitions, inspection, recordkeeping, signage at unattended UST sites, and certified operators (OAC 1301:7-9-06, OAC 1301:7-9-07, OAC 1301:7-9-18 and OAC 1301:7-9-19).

Underground Storage Tanks—Release Detection: Release detection methods for new and existing UST systems and piping have been updated to reflect new requirements that took effect May 16, 2011 (OAC 1301:7-9-17).

Underground Storage Tanks—Certification: Ohio has added training deadlines and requirements for Class A, B, and C operators that take effect August 8, 2012 (OAC 1301:7-9-19(D)).

Oregon Underground Storage Tanks—Applicability and Scope: On September 16, 2011, EPA

granted final approval to the State of Oregon to operate its UST program for petroleum and hazardous substances in lieu of the federal UST program (40 CFR 281).

Pennsylvania Hazardous Materials—Reporting of Chemical Inventories: Pennsylvania strongly

encourages facilities to submit Tier II forms online using the Pennsylvania Tier II System (PATTS) to fulfill the state reporting requirement (http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553049&mode=2).

Hazardous Materials—Toxics Release Inventory Reporting: Pennsylvania encourages facilities to submit TRI reports online via the State Data Exchange Network. The state will, however, continue to accept paper copies (http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553051&mode=2).

Solid Wastes—Petroleum-Contaminated Soils: The requirements for contaminated soil resulting from a release of a regulated substance from a storage tank have been added (these requirements had previously been found in the Underground Storage Tanks section) (25 Pa. Code 245.308(d)).

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553051&mode=2

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553049&mode=2

South Carolina Hazardous Materials—Reporting of Chemical Inventories: South Carolina requires

all facilities to submit their Tier II reports online using E-Plan. Facilities must also keep a printed copy of the report onsite for at least 5 years (http://www.scdhec.gov/environment/baq/tier2.aspx).

Hazardous Materials—Toxics Release Inventory Reporting: South Carolina requires facilities to submit TRI reports online via the State Data Exchange Network (http://www.scdhec.gov/environment/baq/ToxicReleaseInventory/).

Solid Waste—Biohazardous, Infectious, and Medical Wastes: South Carolina has made a number of changes to its medical waste regulations and has added new requirements for storage tanks used to hold liquid treatment residue generated during the embalming process (R.61-105).

Tennessee Solid Waste—Other Solid Wastes: Tennessee has changed the frequency of the

recertification requirement for generators of special wastes from annual to every 3 years (Rule 1200-01-07-.01(4)(c)).

Texas Hazardous Materials—Toxics Release Inventory Reporting: Texas encourages

facilities to submit TRI reports online via the State Data Exchange Network (http://www.epa.gov/tri/stakeholders/state/state_exchange/index.htm).

Utah

Underground Storage Tanks—Design, Construction, Installation, and Registration: Utah assesses a higher annual registration fee for USTs found to be out of significant compliance with leak prevention or leak detection requirements for six months or longer (R311-203-4(f)).

Virginia Hazardous Materials—Reporting of Chemical Inventories: Virginia encourages

facilities to prepare Tier II reports using EPA's Tier2 Submit software. Facilities that file electronically must also submit a (hard copy) certification letter (http://www.deq.state.va.us/sara3/311312.html).

Hazardous Materials—Toxics Release Inventory Reporting: Virginia encourages facilities to submit TRI reports online via the State Data Exchange Network. Facilities that file by mail must also submit a signed certification statement with disks/CDs or must sign each paper form (http://www.deq.state.va.us/sara3/313.html).

Solid Waste (All Subsections): Virginia repealed its solid waste regulations and has adopted new regulations to replace them. The entire section has been reviewed and updated to reflect new citations and regulatory amendments (9 VAC 20-81).

Underground Storage Tanks—Applicability and Scope: Applicability requirements and requirements that apply to UST systems used by emergency generators installed after September 15, 2010, have been added (9 VAC 25-580-10 and VAC 25-580-20(D)).

http://www.scdhec.gov/environment/baq/ToxicReleaseInventory/


Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements for new or replacement tanks, piping, and fuel dispensers that are located within 1,000 feet of an existing community water system or any potable drinking water well have been added (9 VAC 25-580-50(7)).

Underground Storage Tanks—General Operating Requirements: Delivery prohibition requirements and recordkeeping requirements for operating training records have been added (9 VAC 25-580-120(2) and 9 VAC 25-580-370).

Underground Storage Tanks—Certification: Virginia requires operators to be trained and certified on the proper operation of UST systems by August 8, 2012 (9 VAC 25-580-125).

West Virginia Hazardous Waste—Waste Classification: Although West Virginia incorporates most

federal rules by reference, it specifically excludes the federal exclusion for hazardous secondary materials that are being reclaimed (33 CSR 20-3.3).

Hazardous Waste—Hazardous Waste Generators: West Virginia has updated its incorporation by reference of federal rules to include the alternative standards for academic entities in 40 CFR 262 Subpart K (33 CSR 20-5).

Wisconsin Hazardous Materials—Reporting of Chemical Inventories: Wisconsin strongly

encourages facilities to report using the Wisconsin Hazardous Materials Online Planning and Reporting System (WHOPRS) but also accepts paper forms (which must be signed). Wisconsin Emergency Management (WEM) distributes the information to LEPCs and local fire departments, so the one submission fulfills all reporting requirements (WI EPCRA Booklet).

Hazardous Materials—Toxics Release Inventory Reporting: Facilities subject to reporting under both federal and state requirements are encouraged to file online with EPA, because Wisconsin is a download participant in the State Data Exchange Network (therefore the facilities fulfill all their reporting requirements with one submission). Facilities subject to reporting only under state requirements must mail paper reports to the Wisconsin Department of Natural Resources (no submission is sent to EPA) (WI EPCRA Booklet).

Solid Waste—Solid Waste Landfills: Information on wastes banned from solid waste landfills has been updated to note that used oil filters and oil absorbent materials were banned effective January 1, 2011 (NR 506.095).

Solid Waste—Other Solid Wastes: Wisconsin has established requirements for the management of accumulated sediment that is removed from storm water management structures (NR 528).

Underground Storage Tanks (All Subsections): Wisconsin amended its UST regulations to implement certain UST tank provisions of the federal Energy Policy Act of 2005, including secondary containment, delivery prohibitions, and operator certification. As a result of these changes, all subsections of this topic have been reviewed and reformatted (Comm 10).

ENVIRONMENTAL STATE DIFFERENCES All 50 States Release #122 August 2011


Information related to topic additions or other upgrades made to the Environmental State Differences resource is provided in this section. For details regarding state-specific regulatory updates, refer to the Key Changes section of these Release Notes.

The Hazardous Waste section of the State Regulatory Differences Checklists for 11 jurisdictions (South Carolina through Wyoming, alphabetically) has been reviewed to include coverage of Rulebook B—Release Notification of the Hazardous Materials module in Environmental Auditing: Federal Compliance Guide. This completes the Hazardous Waste review that was started during Release #121.

The Drinking Water section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook B—Release Notification of the Hazardous Materials module in Environmental Auditing: Federal Compliance Guide.

The Air Quality section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook B—Release Notification of the Hazardous Materials module in Environmental Auditing: Federal Compliance Guide.

The PCBs section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook B—Release Notification of the Hazardous Materials module in Environmental Auditing: Federal Compliance Guide.

Note: Future updates will see the Wastewater section also linked to Rulebook B of the Hazardous Materials module.

If you have any questions about the State Regulatory Differences Checklists or would like a demonstration of their electronic usage and features, please contact STP’s Lee Grindley-Ferris (phone: 1-800-251-0381; e-mail: [email protected]).








California

• Air Quality—Ozone-Depleting Substances: California has adopted new regulations aimed at reducing emissions of high global warming potential (high-GWP) refrigerants from stationary, non-residential refrigeration equipment and from the installation and servicing of stationary refrigeration and air-conditioning appliances using high-GWP refrigerants (17 CCR 95383 – 95397).

• Drinking Water—Monitoring Requirements: California has revised its regulations to permit, under specified circumstances and with the approval of CDPH, public water systems to use point-of-treatment devices in lieu of centralized treatment for compliance with MCLs or treatment techniques (22 CCR 64418).

• Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: California has amended its regulations regarding the format of contingency plans that are either submitted or resubmitted for marine facilities, tank vessels, and nontank vessels (14 CCR Division 1, Chapter 1 and 14 CCR Division 1, Chapter 3, Subchapters 3 and 4).

Colorado

• Solid Waste—Waste Tires: Colorado has significantly revised and reorganized its waste tire regulations and has established new requirements for a waste tire manifest system. In addition, the state has adopted new regulations establishing a waste tire processor and end use reimbursement program. A requirement for waste tire facilities to comply with Division of Fire Safety rules has also been added (6 CCR 1007-2, Part 1, Section 10).

Illinois

• Hazardous Materials—Reporting of Chemical Inventories: Reporting requirements for Tier II reports have been updated (http://www.state.il.us/iema/disaster/serc_tier2.htm).

• Solid Wastes—Other Solid Wastes: An exception has been added to the Illinois special waste regulations to clarify that a manifest is not required for used oil that is defined by and managed in accordance with 35 IAC 739 (35 IAC 809.501).

Kentucky

• Drinking Water—Permitting Requirements: Kentucky has revised the process by which suppliers or potential suppliers of water obtain approval from KDEP to construct or modify a public water system (401 KAR 8:100).

http://www.state.il.us/iema/disaster/serc_tier2.htm

Louisiana

• Underground Storage Tanks—Applicability and Scope: Louisiana has amended the requirements for USTs that store fuel solely for use by emergency generators and that are installed after August 20, 2009 (LAC 33:XI.101(C)(2)(b)).

• Underground Storage Tanks—Design, Construction, Installation, and Registration: Secondary containment requirements for USTs, piping, and other equipment installed or replaced after December 20, 2008 have been added (LAC 33:XI.303 and LAC 33:XI.507(A)(7)).

• Underground Storage Tanks—General Operating Requirements: Additional recordkeeping requirements have been added, including those for UST operator training records (LAC 33.XI:509(B) and LAC 33:XI.611(A)).

• Underground Storage Tanks—Closure and Out-of-Service USTs: Requirements that apply to USTs in temporary closure have been added (LAC 33:XI.903).

• Underground Storage Tanks—Certification: Louisiana has added training deadlines and requirements for Class A, B, and C operators that take effect August 8, 2012 (LAC 33:XI.Chapter 6).

New Mexico

• Pesticides: The information on the Luna County Tariff on cotton bales has been removed (NMAC 21.17.49).

North Carolina

• Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: Release reporting requirements for petroleum discharges have been added (G.S. 143-215.85(b)).

• Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Requirements for registration of oil terminal facilities and requirements for the investigation and remediation of discharges of petroleum, including licensing for individuals and companies, have been added (G.S. 143-215.96 and 15A NCAC 2L.0103(e)).

• Underground Storage Tanks—Certification: North Carolina has added training deadlines and requirements for Primary Operators (Class A/B) and Emergency Response Operators (Class C) that take effect August 1, 2012 (G.S. 143-215.94NN – 143-215.94UU).

Pennsylvania

• Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting: The definition of a reportable release was updated to reflect the applicability to hazardous substances (not just oil and petroleum) (25 Pa. Code 245.305(a)).

Vermont

• Underground Storage Tanks—Design, Construction, Installation, and Registration: The following requirements have been added: registration of out-of service Category One UST systems; permit posting requirements; and the placement of new USTs at existing facilities (DEC Rules, Ch. 8, Sections 8-302, 8-304, and 8-402(b)).

• Underground Storage Tanks—General Operating Requirements: Requirements for notification prior to beginning excavation for replacement or repairs, monthly and annual inspections, and the notification and recordkeeping requirements for Class A, B, and C operator records were added (DEC Rules, Ch. 8, Sections 8-307, 8-308(h), 8-508(a), and 8-509).

• Underground Storage Tanks—Release Detection: Requirements for managing liquids discovered in the interstitial space of secondary containment systems were added and the requirements allowing for vapor and groundwater monitoring of USTs and piping were removed (DEC Rules, Ch. 8, Sections 8-505(c), 8-506, and 8-507).

• Underground Storage Tanks—Closure and Out-of-Service USTs: Vermont has amended the closure requirements for Category Four USTs (DEC Rules, Ch. 8, Sec. 8-601(d)).

• Underground Storage Tanks—Financial Responsibility: Vermont has exempted Category Three and Four UST systems from financial responsibility requirements (Dec Rules, Ch. 8, Sec. 8-304(a)).

• Underground Storage Tanks—Certification: Vermont has added training deadlines and requirements for Class A, B and C operators that take effect August 1, 2012 (Dec Rules, Ch. 8, Sections 8-307 and 8-308).

ENVIRONMENTAL STATE DIFFERENCES All 50 States Release #121 June 2011

NEW AND NOTEWORTHY—ALL STATES


Revisions to the National Ambient Air Quality Standard (NAAQS) for particulate matter: On November 13, 2009, EPA promulgated air quality designations nationwide for all but three areas for the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS), and this Guide was updated to reflect those designations. At that time, EPA deferred designations for three areas so that further evaluations could be undertaken. EPA has now issued a final rule (76 FR 6056) that completes the designation process by establishing the initial PM2.5 air quality designations for those three areas (Pinal County, Arizona; Plumas County, California; and Shasta County, California) and their respective surrounding counties. Plumas and Shasta counties and their surrounding counties are being designated “unclassifiable/attainment,” while a portion of Pinal County is being designated as “nonattainment.”

The Hazardous Waste section of the State Regulatory Differences Checklists for 40 jurisdictions (Alabama through Rhode Island, alphabetically) has been reviewed to include coverage of Rulebook B—Release Notification in the Hazardous Materials module of Environmental Auditing: Federal Compliance Guide. The remaining jurisdictions will be updated next update.

The Underground Storage Tank section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook B—Release Notification in the Hazardous Materials module of Environmental Auditing: Federal Compliance Guide.

The Oil Spill Prevention and Aboveground Storage Tanks section of the State Regulatory Differences Checklists for all 51 jurisdictions has been reviewed to include coverage of Rulebook B—Release Notification in the Hazardous Materials module of Environmental Auditing: Federal Compliance Guide.

Note: Future updates will see the Air, Wastewater, Drinking Water, and Special Pollutants sections also linked to Rulebook B of the Hazardous Materials module.






KEY CHANGES BY STATE AND TOPIC


Arizona

• Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has designated part of Pinal County as nonattainment for the PM2.5 2006 24-hour National Ambient Air Quality Standard (NAAQS) (40 CFR 81.303).

• Hazardous Waste—Waste Classification: Arizona has not adopted the federal exclusion for hazardous secondary materials that are being reclaimed (R18-8-261).

• Hazardous Waste—Hazardous Waste Generators: Arizona has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities. In addition, information on the Arizona Environmental Performance Track Program (AzETP) reflects the fact that EPA’s corresponding federal Performance Track Program has been terminated (R18-8-260).

California

• Air Quality—Air Quality Permitting and Management: Global Climate Change: California has expanded the scope of its regulations for greenhouse gas emissions reduction. The state has added new regulations for certain refrigerants and other high-global-warming-potential products and for methane emissions from solid waste landfills. California has also adopted a Low Carbon Fuel Standard designed to reduce greenhouse gas emissions from transportation fuels (17 CCR Division 3, Chapter 1, Subchapter 10).

Delaware

• Hazardous Waste—Waste Classification: Delaware has not adopted the federal exclusion for hazardous secondary materials that are being reclaimed (7 Admin Code 1302(Part 261)).

• Hazardous Waste—Hazardous Waste Generators: Delaware has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities. In addition, secondary containment requirements for hazardous waste tanks operated by large quantity generators have been amended (7 Admin Code 1302(Part 262)).

• Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Delaware has amended the manifesting requirements and the standards for secondary containment systems for hazardous waste tanks (7 Admin Code 1302(Parts 264 and 265)).

• Hazardous Waste—Used Oil: Delaware has updated its used oil transporter requirements (7 Admin Code 1302(279.40)).

Florida

• Solid Wastes—Overall Solid Waste Management Requirements: Florida has revised the operating and siting standards applicable to solid waste management facilities (FAC 62-701.320).

• Solid Wastes—Solid Waste Landfills: Florida has revised its landfill classification system to remove the former Class II category of landfill (FAC 62-701.340).

• Solid Wastes—Solid Waste Transfer Facilities and Transporters: Florida has revised the permitting requirements for waste processing facilities (FAC 62-701.710).

• Solid Wastes—Petroleum-Contaminated Soils: Requirements for the management of soils contaminated with petroleum products or any other materials that are not hazardous wastes have been amended (FAC 62-701.520).

• Solid Wastes—Other Solid Wastes: Requirements for the management of ash residue and waste wood treated with chromated copper arsenate (CCA) have been updated (FAC 62-701.200 and FAC 62-701.300).

Illinois

• Hazardous Waste—Waste Classification: Illinois has now adopted the federal exclusion for hazardous secondary materials that are being reclaimed (35 IAC 721.102).

• Hazardous Waste—Hazardous Waste Generators: Illinois has now adopted the alternative standards for hazardous waste determination and accumulation for academic entities (35 IAC 722.300 – .361). The state now also requires generators to submit a copy of their application for an EPA identification number to IEPA's Bureau of Land (35 IAC 722.112(b)).

• Hazardous Waste—Used Oil: Illinois has adopted additional tracking requirements for transporters, processors, burners, and marketers who accept shipments of used oil mixed with certain other materials (35 IAC 739).

• Underground Storage Tanks (All Subsections): Illinois has consolidated, reorganized, and updated its UST requirements by repealing 41 IAC Parts 170 and 171 and adopting new Parts 174, 175, 176, and 177. As a result of these changes, all subsections of this topic have been reviewed and reformatted (41 IAC 174 – 177).

Louisiana

• Hazardous Waste—Hazardous Waste Generators: Louisiana has amended the requirements for secondary containment for hazardous waste tanks using external liners and vaults and has issued new operating requirements for continuous flow tanks (LAC 33:V.1907(E) and LAC 33:V.1909).

• Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Louisiana has amended the requirements for secondary containment for hazardous waste tanks using external liners and vaults and has issued new operating requirements for continuous flow tanks (LAC 33:V.1907(E) and LAC 33:V.1909).

Massachusetts

• Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: Voluntary notification requirements have been added for tank vessels carrying more than 6,000 barrels of oil as cargo in Buzzards Bay (314 CMR 19.04).

• Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: The requirements for facilities having a release or threat of release of oil and/or hazardous material have been revised and added to this subsection (the requirements were formerly found in the “Spill Prevention and Response Planning”subsection) (310 CMR 40.0000).

Mississippi

• Underground Storage Tanks (All Subsections): Mississippi has made major amendments to its UST regulations to implement the requirements of the federal Energy Policy Act of 2005. The amendments include registration requirements, delivery prohibition requirements, new construction requirements, and new testing and maintenance requirements. As a result of these changes, all subsections of this topic have been reviewed and reformatted (UST-2).

Missouri

• Air Quality—Air Quality Permitting and Management: Title V Permit Program: Missouri has incorporated the provisions of EPA’s greenhouse gas tailoring rule into its Title V permit program (10 CSR 10-6.065).

New Mexico

• Operator Certification—Classification of Operators: Effective January 15, 2011, the criteria for determining the certification level required for municipal wastewater laboratory technicians was amended. Wastewater operator level 2 has been amended to include wastewater laboratory tech 1 certification, and wastewater operator levels 3 and 4 also include wastewater laboratory tech 2 certification (NMAC 20.7.4.13(C) and NMAC 20.7.4.14).

Puerto Rico

• Hazardous Waste—Waste Classification: Puerto Rico has not adopted a number of federal exclusions from the definitions of solid and hazardous waste (Reg. 2863, Rule 604).

• Hazardous Waste—Hazardous Waste Generators: Puerto Rico has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities (Reg. 2863, Rule 703).

Rhode Island

• Hazardous Waste—Waste Classification: Rhode Island has not adopted a number of federal exclusions, including those for hazardous secondary materials that are being reclaimed and cathode ray tubes (which are universal wastes in Rhode Island) (HW Regs. 3.00).

• Hazardous Waste—Hazardous Waste Generators: Rhode Island has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities. In addition, secondary containment requirements for hazardous waste tanks operated by large quantity generators have been amended (HW Regs. 5.00).

• Hazardous Waste—Hazardous Waste Transporters: Rhode Island has established new requirements for temporary transfer and storage facilities (HW Regs. 6.00).

• Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Rhode Island has made a number of amendments to the operating requirements applicable to Hazardous Waste Treatment, Storage and Disposal facilities (HW Regs. 8.00).

• Hazardous Waste—Used Oil: Requirements related to used oil collection centers and aggregation points have been added (HW Regs 15.00).

• Hazardous Waste—Universal Waste: Rhode Island has added used electronics and silver containing photofixing solutions to its universal waste program (HW Regs. 13.00).

South Dakota

• Underground Storage Tanks—Applicability and Scope: Applicability requirements and requirements that apply to UST systems used by emergency generators located within 1,000 feet of an existing community water system or any potable drinking water well have been added (ARSD 74:56:01:02 and 74:56:01:03).

• Underground Storage Tanks—Design, Construction, Installation, and Registration: Requirements for new or replacement tanks, piping, and fuel dispensers that are located within 1,000 feet of an existing community water system or any potable drinking water well have been added (ARSD 74:56:01:10.01 – 74:56:01:10.03, ARSD 74:56:01:05, and ARSD 74:56:01:06).

• Underground Storage Tanks—Certification: South Dakota has adopted requirements for operators to be trained on the proper operation of UST systems by August 8, 2012 (ARSD 74:56:01:38.01).

Tennessee

• Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated Anderson, Blount, Cocke (Great Smoky Mountains Park area), Jefferson, Knox, Loudon, and Sevier Counties as attainment for the 8-hour ozone standard effective March 8, 2011 (40 CFR 81.343).

Texas

• Underground Storage Tanks—General Operating Requirements: New requirements have been added for signage at unmanned fueling facilities, emergency procedures, and training records for Class A, B, and C operators. The time frame to remove liquid and debris from sumps, manways, overspill containers, or catchment basins has also been extended to 96 hours from time of discovery (30 TAC 334.42(i), 30 TAC 334.602, 30 TAC 334.603, and 30 TAC 334.606).

• Underground Storage Tanks—Certification: Effective August 8, 2012, Class A, B, and C operators must be trained and certified (30 TAC 334.601 – 334.606).

Washington

• Hazardous Waste—Waste Classification: The waste classification section was updated to include information on the state’s cathode ray tube exclusion and other changes to the waste classification rules, including revisions to the bioassay data requirements. In addition, Washington has not adopted the federal exclusion for hazardous secondary materials that are being reclaimed (WAC 173-303-100).

• Hazardous Waste—Hazardous Waste Generators: Washington has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities. In addition, changes were made to the land disposal restrictions and to the manifesting requirements (WAC 173-303-140).

• Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Washington has made a number of changes to the treatment, storage and disposal facility rules, including revisions to the requirements for closure and land disposal restrictions (WAC 173-303).

• Hazardous Waste—Used Oil: The financial assurance requirements for used oil processors and re-refiners have been updated (WAC 173-303-515).

• Hazardous Waste—Universal Waste: Washington has revised its universal waste regulations to include thermostats in the mercury-containing equipment category and to allow handlers to remove uncontained mercury from open housings (WAC 173-303-573).

• Wastewater—Process Wastewater Discharges: Ecology has re-issued several of the general permits authorizing point source discharges to surface waters (WAC 173-226-050(3)(b)). Ecology also requires that underground artificial storage and recovery (ASR) projects be covered by one or more other water resource management permits (WAC 173-157-050).

• Wastewater—Storm Water Discharges: Ecology has re-issued the final NPDES and State Waste Discharge General Permit for Discharges from Large and Medium Municipal Separate Storm Sewer Systems, the Industrial Storm Water General Permit, and the Construction Activity General Permit (WAC 173-226-050(3)(a)).

• Solid Wastes—Solid Waste Recycling: Washington has adopted new regulations that establish requirements for recyclable materials transporters and transfer facilities (WAC 173-345).

ENVIRONMENTAL STATE DIFFERENCES All 50 States Release #120 February 2011



On October 15, 2008, EPA issued a final rule revising the lead National Ambient Air Quality Standard (NAAQS) from a level of 1.5 μg/m3 to a level of 0.15 μg/m3. EPA is issuing the initial area designations for the revised lead standard in two phases. On November 22, 2010 (75 FR 71033) EPA completed the first phase by designating as “nonattainment” any area that is violating the 2008 lead NAAQS based on 2007–2009 air quality data from the pre-2010 monitoring network. For all other areas, EPA is extending the deadline for designations by up to 1 year so that data from newly deployed monitors can be considered in making appropriate designation decisions. EPA intends to complete the second phase of area designations for the lead NAAQS no later than October 15, 2011. This update includes information for all nonattainment states from the first phase of designations.




Alabama

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Troy area (part of Pike County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.301).

Underground Storage Tanks—General Operating Requirements: Alabama has added additional recordkeeping requirements and a requirement to post tank registrations at active retail petroleum facilities (335-6-15-.13).


Underground Storage Tanks—Certification: Certification requirements for cathodic protection testers and Class A, B, and C operators have been added (335-6-15-.02, 335-6-15-.10, and 335-6-15-.46).

Alaska

Air Quality—Air Quality Permitting and Management: Overall Air Permitting and Management: Alaska’s ambient air quality standards were updated to reflect the addition of a PM 2.5 standard (to match the federal standard) and changes to the lead and ozone standards (18 AAC 50.010).

Operator Certification—Classification of Wastewater Systems: Effective November 21, 2010, regulatory amendments created a new wastewater stabilization pond classification and corresponding level of operator certification. Existing wastewater treatment systems consisting of wastewater stabilization ponds (lagoons) without aeration are now classified as wastewater stabilization pond systems (18 AAC 74.120(b)).

Operator Certification—Classification of Operators: For wastewater systems that were reclassified to a higher level by regulatory changes of November 21, 2010, supervisors of such systems have until November 12, 2012, to achieve certification appropriate for the higher classification (18 AAC 74.125).

Arizona

Drinking Water—Plumbing Code: Arizona has terminated its prior adoption of the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code. Local jurisdictions may continue to set plumbing code standards (No Citation).

California

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified part of Los Angeles County as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.305).

Air Quality—Air Quality Permitting and Management: Global Climate Change: California has adopted new regulations for methane emissions for solid waste landfills and has also adopted a Low Carbon Fuel Standard (17 CCR 95460 and 95480).

Hazardous Waste—Waste Classification: California has not adopted federal exclusions for secondary materials and cathode ray tubes (22 CCR 66261.1 et seq.).

Hazardous Waste—Hazardous Waste Generators: California has not adopted the alternative standards for hazardous waste determination and accumulation for academic entities in 40 CFR 262 Subpart K (66 CCR 66262.10 et seq.).

Hazardous Waste—Universal Waste: California has amended the regulations for universal waste handlers to clarify the training requirements for personnel who manage universal waste (22 CCR 66273.36).

Hazardous Materials—Release Reporting: The requirement for ASTs to specifically report leaks to groundwater has been rescinded, but because California considers groundwater to be a water of the state, discharges of hazardous materials (including oil or petroleum or sewage) that may reach groundwater must be reported.

Pesticides—Pest Control Operations: Qualified Applicators: California has added several new categories that applicators may qualify to work in by examination. Also, a prohibition on restricted-use pesticides has been added to the maintenance gardener pest control category (3 CCR 6530 and 6531).

Colorado

Hazardous Waste—Waste Classification: A reference to the federal emissions comparable fuel exclusion, which was withdrawn by EPA, has been deleted (6 CCR 1007-3, Section 261).

Hazardous Waste—Hazardous Waste Transporters: Colorado has revised its regulations for transfer facilities to add new requirements for weekly inspections, impervious surfaces, emergency prevention and planning, security, and special requirements for areas where mixing of hazardous wastes of different DOT shipping descriptions occurs (6 CCR 1007-3, Section 263).

Pesticides—Container Management: New requirements for cleaning and recordkeeping for pesticide refilling establishments become effective August 16, 2011 (8 CCR 1203-1, Part 15).

Florida

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Tampa area (part of Hillsborough County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.310).

Pesticides—Containment: Florida has adopted the federal regulations for secondary containment standards (FAC 5E-2.042).

Illinois

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Granite City area (part of Madison County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.314).

Indiana

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Muncie area (part of Delaware County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.315).

Pesticides—Special Application Methods: School Applications: Requirements for pesticide applications at schools have been added, including requirements for applicator certification and licensing, use restrictions, storage, notification and records (IAC 1-16-1 through 1-16-9).

Kansas

Pesticides—Pesticide Storage: Bulk Pesticide Storage: Additional requirements and information have been added regarding bulk pesticide storage (KAR 4-13-25).

Kentucky

Operator Certification—Operator Duties and Responsibilities: Amended requirements for supervising a certified “Operator in Training” became effective August 5, 2010 (401 KAR 11:030 Section 1(3)).

Massachusetts

Underground Storage Tanks (All Subsections): Massachusetts amended its UST regulations to implement certain UST tank provisions of the federal Energy Policy Act of 2005, including secondary containment, delivery prohibitions, UST inspections, and operator certification. As a result of these changes, all subsections of this topic have been reviewed and reformatted (527 CMR 9.00).

Michigan

Hazardous Wastes—Used Oil: Michigan’s requirements for used oil under the state’s liquid industrial wastes law have been added (324.12101).

Solid Wastes—Other Solid Wastes: Michigan’s requirements for liquid industrial wastes have been added (324.12101).

Minnesota

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Eagan area (part of Dakota County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.324).

Underground Storage Tanks—Applicability and Scope: Minnesota amended the applicability of its UST regulations to emergency power generator tanks installed before December 22, 2007, and to heating oil tanks with a capacity over 1,100 gallons that are used for storing heating oil for consumptive use on the premises where stored (MR 7150.0010.4 and MR 7150.0010.5).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Minnesota added requirements for the testing and repair of cathodic protection systems and the design and construction requirements for USTs. The requirement for spill catchment basins, submersible pump sumps, and dispenser sumps to have liquid-tight sides and bottoms has been rescinded (MR 7150.0100.10, MR 7150.0100.12, MR 7150.0205.1, and MR 7150.0215.3(B)).

Underground Storage Tanks—General Operating Requirements: Additional reporting and recordkeeping requirements have been added in addition to a signage requirement for unattended card-lock facilities (MR 7150.0090.5, MR 7150.0211.2, MR 7150.0211.3, and MR 7150.0450.3).

Underground Storage Tanks—Release Detection: Minnesota amended its regulations for underground piping tightness testing, monitoring for USTs installed after December 22, 2007, and inventory control (MR 7150.0300.5 , MR 7150.0300.6, MR 7150.0330.2(D) , and MR 7150.0340.3).

Underground Storage Tanks—Closure and Out-of-Service USTs: The requirement to perform a site assessment for facilities in temporary closure for a year or more has been rescinded and replaced by additional requirements for MPCA approval, recordkeeping, and maintenance (MR 7150.0400.4).

Underground Storage Tanks—Certification: Minnesota has added training deadlines and requirements for Class A, B and C operators (MR 7150.0211).

Missouri

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Iron area (including parts of Dent, Iron, and Reynolds Counties) and part of Jefferson County (within city limits of Herculaneum) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.326).

Nevada

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: The Las Vegas Valley part of Clark County was redesignated as attainment for the carbon monoxide NAAQS effective September 27, 2010 (40 CFR 81.329).

New Mexico

Pesticides—Restricted-Use Pesticides: New Mexico has amended its rules for applicator records (NMAC 21.17.56.15).

North Carolina

Hazardous Waste—Hazardous Waste Generators: North Carolina has recently incorporated by reference the federal alternative requirements for hazardous waste determination and accumulation at eligible academic laboratories in 40 CFR 262 Subpart K (15A NCAC 13A.0107).

Ohio

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified Bellefontaine (part of Logan County), Cleveland (part of Cuyahoga County), and Delta (part of Fulton County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.336).

Pesticides—Worker Protection Standards: Ohio has adopted the Agricultural Worker Protection Standard found in 40 CFR 170 (OAC 901:5-11-19).

Oklahoma

Hazardous Waste—Waste Classification: The waste classification section was updated to reflect the fact that Oklahoma has not adopted the federal exclusion for hazardous secondary materials (OAC 252:205-3-1).

Pesticides—Structural Pest Control: Guidance has been added to reference the extensive state regulations found in OAC 35:30-17-12, 35:30-17-15, 35:30-17-16, 35:30-17-17, 35:30-17-18, and 35:30-17-22.

Oregon

Pesticides—State Worker Protection Standards: Requirements addressing safety orientation for seasonal workers have been added (OAR 437-004-0240).

Pennsylvania

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified Lower Beaver Valley (part of Beaver County), Lyons (part of Berks County), and North Reading (part of Berks County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.339).

Operator Certification (All Subsections): The state has revised its regulations for the Water and Wastewater Systems Operators′ Certification Program by rescinding Chapters 301 – 303 and adopting new 25 Pa. Code Chapter 302. The changes went into effect on September 18, 2010. As a result of these changes, all subsections of this topic have been reviewed and updated. Major changes include the creation of a laboratory supervisor subclassification; a requirement for circuit rider systems to develop a general work plan and/or a system-specific management plan; a new mandatory DEP-approved system security training course for operators; a path to accelerated certification when the classification of a system changes; and new fees to cover the costs for program implementation (25 Pa. Code 302).

South Carolina

Underground Storage Tanks—Certification: South Carolina published its UST Operator Training Plan on August 8, 2009 and Class A, B, and C operators must be trained by August 8, 2011. Each facility was required to notify SCDHEC of the number of operators in the Class A and Class B Operator categories by November 8, 2009 (R.61-92.280.35).

Tennessee

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has classified the Bristol area (part of Sullivan County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.343).

Hazardous Waste—Hazardous Waste Transporters: Tennessee has revised its hazardous waste fee system, adding fees for transporters of hazardous waste (Rule 1200-1-11-.08).

Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Tennessee has revised its hazardous waste fee system, adding fees for hazardous waste treatment, storage, or disposal facilities having either a final permit or interim status (Rule 1200-1-11-.08).

Hazardous Waste—Used Oil: Tennessee has revised its hazardous waste fee system, adding fees for used oil processors (Rule 1200-1-11-.08).

Hazardous Waste—Universal Wastes: Tennessee has revised its hazardous waste fee system, adding fees for universal waste destination facilities (Rule 1200-1-11-.08).

Texas

Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has redesignated the Beaumont/Port Arthur area (Hardin, Jefferson, and Orange Counties) as attainment for the 8-hour ozone standard effective November 19, 2010. The Dallas-Fort Worth area, which was previously classified as a moderate nonattainment area but failed to attain the 1997 8-hour ozone NAAQS by the applicable attainment date, is reclassified by law as a serious ozone nonattainment area effective January 19, 2011. Also, EPA has classified the Frisco area (part of Collin County) as nonattainment for the 2008 lead NAAQS effective December 31, 2010 (40 CFR 81.344).

Utah

Underground Storage Tanks—General Operating Requirements: Requirements that apply to monthly facility inspections and to facilities that are normally unattended have been added (R311-201-12(h) and R311-201-12(i)).

Underground Storage Tanks—Certification: Beginning January 1, 2012, Class A, B, and C UST operators must be trained and certified (R311-201-12).

Virginia

Pesticides—State Licensing: Other Requirements: Virginia has added an exception to the list of persons requiring certification. The exception applies to employees of local, state, or federal governmental agencies who use ready-to-use, properly registered pesticides on an occasional, isolated, site-specific basis to avoid immediate personal harm from stinging or biting insects (2 VAC 20-51-60).

Wisconsin

Hazardous Materials—Toxics Release Inventory Reporting: The explanation of facilities required to file Toxics Release Inventory reports under state requirements, even though they may be exempt under federal requirements, has been revised (Stats 323.60(5)(d)).

ENVIRONMENTAL STATE DIFFERENCES Release Notes for All States Release #119 November 2010



The Asbestos information in the Air Quality—Hazardous Air Pollutants section has now been reviewed for greater consistency of the basic requirements for notification relating to abatement projects and certification of asbestos workers. Some states were reviewed in previous updates; states included in this release are described below.




California Air Quality—Air Quality Permitting and Management: Nonattainment Areas and

Requirements: EPA has redesignated the Coso Junction planning area of Inyo County to attainment for the PM-10 national ambient air quality standard (NAAQS) effective October 4, 2010 (40 CFR 81.305).

Air Quality—Hazardous Air Pollutants: A registered contractor must be used for any asbestos project involving 100 square feet or more of asbestos-containing material (ACM). If the project involves less than 100 square feet of ACM, the employer performing the work must file a Report of Use with Cal/OSHA (8 CCR 5203).

Hazardous Materials—California updated the name of its fire code to the California Fire Code (from the Uniform Fire Code) (19 CCR 2729.7 and 19 CCR Division 2, Chapter 4, Appendix B).


Colorado Drinking Water—Filtration, Disinfection, and Fluoridation: Colorado revised its

drinking water regulations to require all groundwater sources to be disinfected at all times they are used to serve water to the public. In addition, the state now requires disinfection to include at least one chemical treatment method (5 CCR 1003-1, Section 13.2).

Louisiana Oil Spill Prevention and Aboveground Storage Tanks—Release Reporting:

Louisiana’s regulations for reporting unauthorized discharges of oil have been updated to reflect requirements for both emergency and non-emergency discharges (LAC 33:I.3915(A), LAC 33:I.3917(A), and LAC 33.I.3925(A)).

Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and Response Planning: As a result of recent amendments to make the state’s Spill Prevention and Control regulations more similar to the federal SPCC regulations, this entire section has been reviewed and revised (LAC 33:IX.Chapter 9).

Maine Oil Spill Prevention and Aboveground Storage Tanks—Spill Prevention and

Response Planning: The Professional Engineer (PE) certification requirement for SPCC Plans has been added (32 MRSA § 1351).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: Maine has adopted regulations to restrict the siting of oil storage facilities within wellhead protection zones and significant sand and gravel aquifers as well as to regulate ASTs with underground piping (38 MRSA § 563, 38 MRSA § 570-K, and 06-096 CMR 692).

Underground Storage Tanks—Applicability and Scope: Key definitions have been added (06-096 CMR 691.3 and 06-096 CMR 692.2).

Underground Storage Tanks—Design, Construction, Installation, and Registration: Maine has adopted regulations for the siting of oil storage facilities in wellhead protection zones and within significant sand and gravel aquifers (06-096 CMR 692).

Underground Storage Tanks—General Operating Requirements: Beginning July 1, 2010, Maine requires that the annual inspection be performed at least once every three years by a certified tank inspector who is not the tank owner or operator, an employee of the tank owner or operator, or a person having daily onsite responsibility for operation and maintenance of the tank (38 MRSA § 563(9)(E)).

Underground Storage Tanks—Closure and Out-of-Service USTs: Beginning July 12, 2010, DEQ may not approve the return to service of a single-walled oil UST that has been out of service for more than 12 consecutive months (38 MRSA § 566-A(1-A)).

Michigan Air Quality—Air Quality Permitting and Management: Nonattainment Areas and

Requirements: EPA has redesignated Allegan County as attainment for the 1997 8-hour ozone NAAQS effective September 24, 2010 (40 CFR 81.323).

Minnesota Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing of asbestos abatement workers (MR 4620.3200, MR 4620.3250, and MR 4620.3410).

Mississippi Air Quality—Hazardous Air Pollutants: Any person who engages in any asbestos

project in a school building, public building, or commercial building must have a current certificate (37-138-1 – 37-138-7 and APC-S-10, Sec. III and IV).

Missouri Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing of asbestos abatement workers (10 CSR 10-6.241).

Montana Air Quality—Hazardous Air Pollutants: The state requires a permit for any asbestos

project. For asbestos activities, business owners/operators may only contract with or employ people accredited by DEQ (ARM 17.74).

Underground Storage Tanks (All Subsections): Montana has amended its UST regulations to implement certain UST provisions of the federal Energy Policy Act of 2005, including provisions for secondary containment and operator certification. As a result of these changes, all subsections of this topic have been reviewed and reformatted (ARM 17.56).

Nebraska Air Quality—Hazardous Air Pollutants: Business entities and individuals must be

licensed before engaging in an asbestos project (178 NAC 22-003 and 22-004).

Nevada Air Quality—Hazardous Air Pollutants: Abatement projects must be performed by a

licensed contractor, who must use only licensed supervisors and workers (NAC 618.9155).

New Hampshire Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing of asbestos abatement workers (Env-A 1803 and 1805).

New Jersey Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing of asbestos abatement workers (NJAC 12:120).

New Mexico Air Quality—Hazardous Air Pollutants: The state requires that notification be made

for all demolition and for renovation involving the federally regulated quantities of RACM (http://www.nmenv.state.nm.us/aqb/asbestos/index.html).

http://www.nmenv.state.nm.us/aqb/asbestos/index.html

New York Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

abatement projects and certification and licensing of asbestos workers (12 NYCRR 56-3).

North Carolina Air Quality—Hazardous Air Pollutants: Any person who removes more than 35

cubic feet, 160 square feet, or 260 linear feet of RACM must have a permit, and all abatement personnel must be accredited (10A NCAC 41C.0602 and 41C.0605).

North Dakota Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing and certification of asbestos abatement workers (33-15-13-02).

Oil Spill Prevention and Aboveground Storage Tanks—Aboveground Storage Tanks: North Dakota now requires tank owners to register their petroleum ASTs with the Petroleum Tank Release Compensation Fund and pay an annual fee to the North Dakota Insurance Department (45-10-02-02 – 45-10-02-03).

Underground Storage Tanks—Design, Construction, Installation, and Registration: North Dakota now requires tank owners to register their petroleum USTs with the Petroleum Tank Release Compensation Fund and pay an annual fee to the North Dakota Insurance Department (45-10-02-02 – 45-10-02-03).

Ohio Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing and certification of asbestos abatement workers (OAC 3701-34).

Oregon Air Quality—Hazardous Air Pollutants: The state requires notification for asbestos

projects and licensing and certification of asbestos abatement workers (OAR 340-248).

Pennsylvania Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

projects and certification of abatement workers (Asbestos Act Sections 3 and 8).

Drinking Water—Operator Certification: Pennsylvania has revised and renumbered its operator certification regulations to maintain consistency with federal drinking water regulations (25 Pa. Code 302).

Rhode Island Air Quality—Hazardous Air Pollutants: Asbestos abatement projects must have a

plan prepared and approved by DOH, and contractors must be licensed (Asbestos Regs., A.2.3(a) and A.4.1).

South Carolina Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

projects and licensing of asbestos abatement workers (R.61-86.1).

South Dakota Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

projects and certification of asbestos abatement workers (ARSD 74:31:02).

Tennessee Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

projects and certification of asbestos abatement workers (Rule 1200-03-11-.02).

Texas Air Quality—Hazardous Air Pollutants: Building owners must notify all occupants

in writing before beginning any asbestos related activity. Asbestos workers must be licensed or registered (25 TAC 295.34(a) and 295.35(a)).

Utah Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

abatement projects and certification of asbestos workers (R307-801).

Vermont Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

abatement projects and certification of asbestos workers (Asbestos Control Regs. 1.1.1).

Washington Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

abatement projects and certification of asbestos workers (WAC 296-65).

West Virginia Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

abatement projects and licensing of asbestos workers (64 CSR 63-3.1 and 64 CSR 63-10).

Wisconsin Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

abatement projects and certification of asbestos workers (DHS 159 and NR 447.07).

Wyoming Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos

abatement projects and training of asbestos workers (DEQ AQD, Ch. 3, Section 8).

ENVIRONMENTAL STATE DIFFERENCES All 50 States Release #118 August 2010


Information related to topic additions or other upgrades made to the Environmental State Differences resource is provided in this section. For details regarding state-specific regulatory updates, refer to the “Key Changes” section of these Release Notes.

State Regulatory Differences Checklists for the Wetlands section have been created for the following states: Delaware, Idaho, Iowa, Kansas, Michigan, Montana, Nebraska, New Hampshire, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, and Wyoming.

The Drinking Water section of the State Regulatory Differences Checklists for all 51 jurisdictions has been updated to be consistent with the expanded coverage in Environmental Auditing: Federal Compliance Guide.




Alabama

• Air Quality—Hazardous Air Pollutants: The state requires owners or operators of any asbestos removal project for which notification is required under EPA regulations (40 CFR 61, Subpart M) to ensure that all parties performing the asbestos removal are certified by the Alabama Department of Environmental Management (335-3-11-.05).

• Hazardous Waste—Hazardous Waste Generators: Alabama has made several revisions to its hazardous waste definitions, which resulted in changes to citations for the definitions of conditionally exempt small quantity generator, small quantity generator, and large quantity generator (335-14-1-.02).

• Hazardous Waste—Hazardous Waste Treatment, Storage, and Disposal Facilities: Alabama’s closure regulations require any TSD facility that closes and does not achieve the standard of unrestricted use to provide documentation to ADEM of compliance with the requirements of Alabama's Uniform Environmental Covenants Program (335-14-5-.07).



Alaska

• Air Quality—Hazardous Air Pollutants: A person performing, directly supervising, or monitoring asbestos abatement work must have a certificate issued by the Department of Labor and Workforce Development (8 AAC 61.600).

Arkansas

• Air Quality—Hazardous Air Pollutants: The state has specific licensing requirements for all persons and companies involved in asbestos abatement and removal activities (ADEQ Reg. 21).

Arizona

• Air Quality—Hazardous Air Pollutants: Maricopa County requires certain inspections and notifications for asbestos projects, which must be conducted by certified abatement workers (Maricopa County Rule 370, Section 301.8).

• Air Quality—Hazardous Air Pollutants: Pima County requires certain notification for asbestos projects (Pima County Code 17.16.530).

• Air Quality—Hazardous Air Pollutants: Pinal County requires surveys of certain asbestos projects (http://pinalcountyaz.gov/Departments/AirQuality/Documents/Asbestos/Asbestos%20Neshap%20Pamphlet.pdf).

California

• Agency Contact Information: The (former) Office of Emergency Services (OES) has been renamed the California Emergency Management Agency (Cal EMA). The Hazardous Materials section was also updated to reflect the renaming.

• Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has reclassified the following four areas designated as nonattainment for the 1997 8-hour ozone national ambient air quality standard (NAAQS): the San Joaquin Valley area from “serious” to “extreme,” the South Coast Air Basin area from “severe-17” to “extreme,” and the Coachella Valley and Sacramento Metro areas from “serious” to “severe-15” (40 CFR 81.305).

Colorado

• Air Quality—Hazardous Air Pollutants: The state requires inspections of asbestos projects and certification of asbestos abatement workers. Certification documents must be available for inspection (5 CCR 1001-10, Part B, Section II and III).

Connecticut

• Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos projects and licensing of asbestos abatement workers (RCSA 20-440-3 and RCSA 19a-332a-3).

Delaware

• Air Quality—Hazardous Air Pollutants: The state requires certification of asbestos abatement workers (18 Del C. 7803).

• Wetlands: Delaware Regulatory Difference Checklists were created for this topic section (7 Admin Code 7501, 7 Admin Code 7502, 7 Admin Code 7401).

Florida

• Air Quality—Hazardous Air Pollutants: The state requires licensing of asbestos abatement workers (FS 469).

Hawaii

• Air Quality—Hazardous Air Pollutants: The state requires asbestos abatement workers to be certified and follow specific work practices (HAR 11-504-21 and -32; HAR 11-501-7).

Idaho

• Wetlands: Idaho Regulatory Difference Checklists were created for this topic section (IDAPA 58.01.02).

Illinois

• Air Quality—Hazardous Air Pollutants: The state requires notifications for asbestos projects and licensing of asbestos abatement workers (77 IAC 855.60; 77 IAC 855.100).

Indiana

• Air Quality—Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has re-designated the Chicago–Gary–Lake area (Lake and Porter Counties) and the Cincinnati–Hamilton area (Lawrenceburg Township in Dearborn County) as attainment for the 8–hour ozone national ambient air quality standard effective May 11, 2010 (40 CFR 81.315).

• Air Quality—Hazardous Air Pollutants: Asbestos inspectors, management planners, and supervisors must obtain IDEM accreditation. The state also requires notifications for certain asbestos projects (326 IAC 14-10; 326 IAC 18-1-3).

Iowa

• Wetlands: Iowa Regulatory Difference Checklists were created for this topic section (567 IAC 61).

Kansas

• Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos projects and certification of abatement workers (KAR 28-50).

• Wetlands: Kansas Regulatory Difference Checklists were created for this topic section (KAR 28-16-28b – 28-16-28f).

Kentucky

• Air Quality—Hazardous Air Pollutants: The state requires certification and licensing of asbestos abatement workers, who must follow abatement project work practice standards (401 KAR 58:040 and 401 KAR 58:005).

Louisiana

• Air Quality—Hazardous Air Pollutants: The state requires licensing of asbestos abatement workers, notification of asbestos projects, and compliance with work practice standards (LAC 33:III.5151(F)).

Maine

• Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos projects and licensing and certification of asbestos abatement workers (06-096 CMR 425.2 – 425.4).

Maryland

• Air Quality—Hazardous Air Pollutants: The state requires notifications of asbestos abatement projects and licensing of asbestos abatement workers (COMAR 26.11.21).

Massachusetts

• Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos projects and certification and licensing of asbestos abatement workers (310 CMR 7.15; 453 CMR 6.03 and 6.12).

Michigan

• Air Quality—Hazardous Air Pollutants: The state requires licensing and certification of asbestos abatement workers (338.3101 et seq and 338.3401 et seq.).

• Hazardous Wastes—Hazardous Waste Treatment, Storage, and Disposal Facilities: A reference to a state difference from EPA’s now-defunct performance track program, related to the former allowance for reduced inspection frequency, has been removed (R 299.9605(4)).

• Wetlands: Michigan Regulatory Difference Checklists were created for this topic section (R 323.1041 – R 323.1117).

Minnesota

• Solid Wastes—Overall Solid Waste Management Requirements: Storage and Collection of Solid Waste: Minnesota requires that persons authorizing or conducting the renovation or demolition of a structure must ensure that certain items and materials are removed prior to the commencement of the renovation or demolition. These items must be properly characterized, tested, managed, disposed of, and reused or recycled in accordance with all applicable standards (MN 7035.0805).

• Solid Wastes—PCB-Containing Wastes: Minnesota has adopted new regulations for the management of wastes from renovation and demolition that specifically address the removal and management of PCB-containing wastes (MN 7035.0805.5).

• Solid Wastes—Asbestos Wastes: Minnesota has adopted new regulations for the management of wastes from renovation and demolition that specifically address the removal and management of asbestos wastes (MN 7035.0805.5).

• Solid Wastes—Waste Tires: Minnesota has adopted new regulations for the management of wastes from renovation and demolition that specifically address the removal and management of waste tires (MN 7035.0805.5).

Missouri

• Solid Wastes—Solid Waste Recycling: Electronics Scrap Management: Missouri has adopted regulations requiring computer equipment manufacturers, retailers, and recyclers to collect certain consumer electronic equipment for recycling or reuse (10 CSR 25-19.010).

Montana

• Pesticides—Commercial Pesticide Applicator Licensing: Changes were made to clarify the state’s applicator licensing program requirements (ARM 4.10.201 – 206).

• Pesticides—Classification of Pesticide Applicators: Changes were made to clarify the state’s applicator licensing program requirements (ARM 4.10.201 – 206).

• Pesticides—Individuals Requiring a Pesticide Operator's License: Changes were made to clarify the state’s applicator licensing program requirements (ARM 4.10.201 – 206).

• Pesticides—Records: The state requires all certified commercial, public utility, government, and certified noncommercial applicators and their operators to keep and maintain certain operational records of each pesticide application for two years (ARM 4.10.207).

• Pesticides—Bulk Pesticide Storage (Permanent Storage Facility or PSF): The state has specific requirements for the design and construction of pesticide storage facilities and containment systems. The state defines allowable activities and includes requirements for spill response, cleanup, and recordkeeping (ARM 4.10.1103 – 1109).

• Pesticides—Miscellaneous: Applicators applying restricted-use pesticides must meet certain notification requirements (ARM 4.10.209).

• Wetlands: Montana Regulatory Difference Checklists were created for this topic section (ARM 17.30).

Nebraska

• Wetlands: Nebraska Regulatory Difference Checklists were created for this topic section (117 NAC 1 – 8).

New Hampshire

• Wetlands: New Hampshire Regulatory Difference Checklists were created for this topic section (Env-Wq 1700 and Env-Wt 100 – Env-Wt 800).

North Dakota

• Wetlands: North Dakota Regulatory Difference Checklists were created for this topic section (33-16-02.1).

Ohio

• Air Quality— Air Quality Permitting and Management: Nonattainment Areas and Requirements: EPA has re-designated the Cincinnati-Hamilton area (Butler, Clermont, Clinton, Hamilton, and Warren Counties) as attainment for the 8-hour ozone national ambient air quality standard effective May 11, 2010 (40 CFR 81.336).

• Pesticides—State Licensing: Clarifications have been made to examination requirements for commercial applicator and private applicator licenses. The state has eliminated the specialty use examination categories (OAC 901:5-11-08).

• Pesticides—Special Application Methods: School Applications: The state has modified the work practice and notification requirements for use of pesticides in schools (OAC 901:5-11-15).

Oklahoma

• Drinking Water—Water Quality Standards: Oklahoma incorporated by reference the July 1, 2009 version of the federal drinking water standards (OAC 252:631-1-3).

• Pesticides—State Licensing: Other Licensing Requirements: Oklahoma has adopted the federal requirements in 40 CFR 167 and 169 (regarding pesticide registration, recordkeeping and reporting), except for 40 CFR 167.90 (OAC 35:30-17-13).

• Pesticides—State Restricted-Use Pesticides: A pesticide dealer's permit from the Oklahoma State Board of Agriculture is required to sell, offer for sale, or distribute any restricted-use pesticide (OAC 35:30-17-3.1).

Oregon

• Hazardous Materials—Reporting of Chemicals Inventories: Oregon revised the list of reportable quantities to clarify reporting requirements for highly toxic materials (formerly designated “poisons”) as well as extremely hazardous substances that meet or exceed the threshold planning quantities defined by federal regulations at 40 CFR 355 (OAC 837-085-0070).

• Wetlands: Oregon Regulatory Difference Checklists were created for this topic section (OAR 340-00041).

Rhode Island

• Wetlands: Rhode Island Regulatory Difference Checklists were created for this topic section (Freshwater Wetlands Regs.).

Tennessee

• Wetlands: Tennessee Regulatory Difference Checklists were created for this topic section (T.C.A. 69-3-108).

Vermont

• Wetlands: Vermont Regulatory Difference Checklists were created for this topic section (Wetlands Rules).

Virginia

• Air Quality—Hazardous Air Pollutants: The state requires notification of asbestos abatement projects and licensing of asbestos workers (16 VAC 25-20-30; 18 VAC 15-20-10).

• Hazardous Waste—Waste Classification: Virginia has not adopted the federal exclusion from the definition of solid waste for hazardous secondary materials, as specified in 40 CFR 261.2(a) (9 VAC 20-60-261(b)(8)).

West Virginia

• Pesticides—Integrated Pest Management Programs in Schools, Child Care Centers, and Family Child Care Facilities: West Virginia requires that an integrated pest management (IPM) program be developed and implemented if pesticides are to be applied in schools, child care centers, or family child care facilities. Requirements for IPM program development as well as notification, reporting, monitoring and recordkeeping for IPM programs have been included (61 CSR 12J-4 – 12J-10).

Wyoming

• Wetlands: Wyoming Regulatory Difference Checklists were created for this topic section (DEQ WQD, Ch. 1).

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