U.S. EPA (epa.gov)

The Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) published a final rule to repeal the 2015 Clean Water Rule: Definition of “Waters of the United States” (“2015 Rule”), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice.

CalEPA (calepa.ca.gov)

  • CUPA (https://calcupa.org/)

    • The CUPA Conference will occur Feb 3-6th at the Hyatt Burlingame.
    • The CUPA Forum Board (CFB) is working to develop a matrix to determine which CUPAs require permits for various UST component replacements.
    • DTSC CUPA evaluators are getting push back from CUPAs on citations written regarding lack of inspector training; The CFB has a program to match an inspector from a larger CUPA to help review and train small rural CUPA personnel for a short period of time.
    • New leadership at CUPA
      • Jason Boetzer, Director CalEPA Office of Local Program Coordination and Emergency Response
      • At CUPA Forum Board: Eric Scott, Glenn County Environmental Program Manager (Glenn County CUPA Director) – Chair of CUPA Forum Board
        CUPA Regulatory Review Pilot Survey – deadline extended to October 1, 2019
    • Regarding AB 1429 and triennial HMBP submittal; a poll was conducted by Target who found that out of 52 CUPA responses, the following 19 CUPAs said that they still planning to require annual HMBP submittals:
      • Bakersfield City Fire Department;
      • Corona Fire Department;
      • Inyo County Department of Environmental Health Services;
      • Los Angeles County Fire Department;
      • Marin County Dept. of Public Works, Waste Mgmt, CUPA;
      • Mono County Health Department;
      • Mountain View Fire Department;
      • Napa County Department of Environmental Management;
      • Oxnard Fire Department;
      • Palo Alto City Fire Department;
      • Pasadena Fire Department;
      • Riverside County Department of Environmental Health;
      • San Bernardino County Fire Department;
      • San Joaquin County Environmental Health;
      • San Leandro City;
      • Santa Barbara County Environmental Health Services;
      • Solano County Environmental Health;
      • Sonoma County Fire & Emergency Services Department; and
      • Sunnyvale Department of Public Safety.
  • DTSC (dtsc.ca.gov)

    • Major review of DTSC Structure and Funding taking shape for 2020.  Both Legislature/Administration staking-out positions in advance of January resumption of
      negotiations (to play-out both in legislative review and in budget development)
    • Secretary Blumenfeld: has commissioned new Deputy Secretary for Environmental Policy and Emergency Response, Caroline Godkin, to lead internal review – to begin with Stakeholder Workshops on DTSC structure and fee issues (October/November)
  • OEHHA (oehha.ca.gov)

    • OEHHA has abandoned consideration of use of “averaging” in calculating reproductive toxicity exposure for food — Problematic scientific approach.  Previously abandoned similar proposal regarding arithmetic mean in food applications.

CalOSHA: (dir.ca.gov/dosh)

  • Wildfire Smoke: 
    • Interim Rule adopted
    • Control by Respiratory Protective Equipment (where AQI >150 and <500: NIOSH-approved devices that effectively protect from inhalation of PM2.5, such as N95
      filtering face-piece respirators.
    • An N95 filtering face-piece respirator…is the minimum protection for wildfire smoke.

CARB: (arb.ca.gov)

    • Scoping Plan – Revised to deliver 2030 mandated reductions.  Very ambitious targets will ripple throughout economy
    • Sustainable Freight StrategyBeing actively pursued as integral to achieving 2030 goal.  New regulations being prepared for Seaports; Rail-yards; and Warehouses/Distribution Centers
  • AB 617 Community Air Protection Program (CAPP) – Webinar scheduled for October 30.
    • Next round under Revised Community Air Protection Program Selection Process
      • Greater consideration of perspectives from established community organizations
      • Ongoing programs supplement effort beyond targeted communities, including:
        • Regulatory actions for clean transportation; Air district implementation of best available retrofit control technology (BARCT); AB 617 incentive funding; New emissions reporting regulation; and o Community air grants.
  • On Road Heavy-Duty Vehicle Program
    • Current major program to push toward Heavy-Duty Low NOx engines, driving NOx emissions down by 90%.
    • Recent workshop in Sept reviewed all potential changes to heavy-duty engine and vehicle emission standards.
    • Presentations on all Program Elements:
      • Proposed Engine Standards;
      • Revised Heavy-Duty In-Use Testing;
      • Low Load Cycle;
      • Warranty Step 2 and Lengthened Useful Life;
      • Emission Warranty Information Requirements (EWIR);
      • OBD, Durability Demonstration Procedures and Credit Provisions;
      • Powertrain Test Procedures; and
      • Phase 2 GHG Amendments.

CA AB-Bills:

  • Currently Inactive  AB 995 – C. Garcia – DTSC Structural Change –  Cal EPA Secretary Blumenfeld has commissioned Stakeholder Workshops to help evaluate DTSC structure and fee issues, to begin  in October – HELD IN ASSEMBLY RULES (negotiation to resume in January)

CA SB-Bills To Watch:

  • SB 1 – Atkins/Portantino/Stern – Vetoed by Governor 
  • SB 54 – Allen – Require Cal Recycle to adopt regulations to achieve 75% source reduction or recycling of all single-use packaging and products by 2030. – Left on Assembly Floor; will be brought back next year.