Current State Update
The latest state regulatory develoments that appear in the current issue of ELR's Weekly Update appear below. For material previously reported, refer to the state update archives.
Volume 43, Issue 15
Alaska: Fisheries
The Department of Fish and Game amended 5 Alaska Admin. Code §40.130, dealing with the permit application procedures for private nonprofit salmon hatcheries. Changes alter the time period that the department is required to complete a management feasibility analysis. Amendments go into effect June 1, 2013. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=168233.
California: Clean Air Act (CAA)
The California Pollution Control Financing Authority proposed to amend 4 Cal. Code Regs. §§44500-44563. Changes would make emergency regulations pertaining to the administration of the Capital Access Program for Small Businesses permanent. There will be a public hearing June 24, 2013. See http://www.oal.ca.gov/res/docs/pdf/notice/19z-2013.pdf (pp. 706-08).
Florida: Quality
The Department of Water Management Districts proposed to amend 40D Fla. Admin. Code §1.607, Permit Processing Fee. Changes would amend the Southwest Florida Water Management District's permit processing fee to adopt standardized fee categories. The deadline for comment is May 31, 2013. See https://www.flrules.org/Gateway/View_notice.asp?id=12985310.
Florida: Quantity
The Department of Water Management Districts proposed to amend 40E Fla. Admin. Code §§2 & 10, Consumptive Use and Water Reservations. Changes would change withdrawal requirements in certain areas as part of the implementation of the Comprehensive Everglades Restoration Projects. The deadline for comment is June 5, 2013.
Illinois: Clean Air Act (CAA)
The Pollution Control Board proposed to amend 35 Ill. Admin. Code §201, Permits and General Provisions. Changes would phase out Stage II gasoline dispensing rules. The deadline for comment is June 24, 2013. See http://www.cyberdriveillinois.com/departments/index/register/register_volume37_issue19.pdf (pp. 6028-53).
Iowa: Clean Air Act (CAA)
The Environmental Protection Commission proposed to amend Iowa Admin. Code Ch. 23, "Emission Standards for Contaminants." Changes would adopt the federal air toxics standards for stationary engines. There will be a public hearing June 4, 2013. See https://www.legis.iowa.gov/DOCS/ACO/IAC/LINC/05-15-2013.Bulletin.pdf (pp. 1708-10).
Iowa: Land Use
The Environmental Protection Commission amended Iowa Admin. Code Chs. 10, "Iowa Financial Incentive Program for Soil Erosion Control," and 12, "Water Protection Practices-Water Protection Fund." Changes update allocation factors for soil conservation funding. Amendments become effective July 1, 2013. See https://www.legis.iowa.gov/DOCS/ACO/IAC/LINC/05-15-2013.Bulletin.pdf (pp. 1792-94).
New Hampshire: Quantity
The Department of Environmental Services proposed to amend Env-Wq 2101, Water Conservation. The rulemaking would readopt the regulation with changes, which would reorganize the rules, ensure they align with the statute, and incorporate advancements in the water conservation field. There will be a public hearing June 19, 2013, and the deadline for comment is July 3. See http://www.gencourt.state.nh.us/rules/register/2013/may-16-13.pdf (pp. 6-8).
North Carolina: Radiation
The Environmental Management Commission proposed to amend 15A N.C. Admin. Code 11 pertaining to the requirements for the Radiation Protection Commission. Changes are required to comply with U.S. Nuclear Regulatory Commission regulations. There will be a public hearing July 10, 2013, and the deadline for comment is July 15. The proposed effective date is October 1. See http://www.ncoah.com/rules/register/Volume27Issue22May152013.pdf (pp. 2031-73).
Ohio: Clean Air Act (CAA)
The Environmental Protection Agency proposed to amend Ohio Admin. Code §3745.110, Nitrogen Oxides- Reasonably Available Control Technology. Changes would bring the rules in line with federal requirements. There will be a public hearing June 11, 2013. See http://wwwapp.epa.ohio.gov/legal/pubnots/130510.pdf.
Oklahoma: Invasive Species
The Department of Wildlife Conservation amended Okla. Admin. Code §§800.20.1, Restricted Exotic Fish. Changes alter the list of restricted species to allow the possession of bighead and silver carp under certain circumstances and add two crayfish to the list. Amendments take effect June 1, 2013. See http://www.oar.state.ok.us/register/Volume-30_Issue-17.htm#a327466.
Pennsylvania: Enforcement and Compliance
The Environmental Hearing Board amended 25 Pa. Code Ch. 1021, Practice and Procedure. Changes would add procedural rules to provide potential litigants with more specific guidance and improve the rules before the board. Changes took effect May 11, 2013. See http://www.pabulletin.com/secure/data/vol43/43-19/869.html.
Rhode Island: Clean Air Act (CAA)
The Department of Environmental Management proposed to amend Air Pollution Control Regulation No. 37, Rhode Island's Low Emission Vehicle Program to adopt the latest California Exhaust Emission Standards and make amendments to the Zero Emission Vehicle component of the Low Emission Vehicle program. Changes would affect model year 2016 vehicles. There will be a public hearing June 3, 2013, and the deadline for comment is June 14.
Texas: Agencies
The Commission on Environmental Quality amended 30 Tex. Admin. Code §11.1, Historically Underutilized Business Program. Changes adopt rules by reference. Amendments took effect May 16, 2013. See http://www.sos.state.tx.us/texreg/pdf/backview/0510/0510is.pdf (pp. 2840-41).
Texas: Clean Air Act (CAA)
The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §115.240-.247 & .249, Control of Air Pollution from Volatile Organic Compounds. Changes would adopt a federal rule change related to onboard-refueling vapor recovery technology. There will be public hearings May 28 to June 4, 2013, and the comment period closes June 10. See http://www.sos.state.tx.us/texreg/pdf/backview/0510/0510is.pdf (pp. 2823-35).
Texas: Transportation
The Department of Transportation amended 43 Tex. Admin. Code §2, Environmental Review of Transportation Projects. Changes concern public participation in the environmental assessment process for transportation projects, in addition to memoranda of understanding with the various agencies. Amendments took effect May 16, 2013. See http://www.sos.state.tx.us/texreg/pdf/backview/0510/0510is.pdf (pp. 2861-64).
Utah: Quality
The Department of Environmental Quality proposed to amend Utah Admin. Code r. 317.8, Utah Pollutant Discharge Elimination System. Changes would conform the rule to federal regulations for concentrated animal feeding operations. The deadline for comment is June 4, 2013. See http://www.rules.utah.gov/publicat/bull_pdf/2013/b20130515.pdf (pp. 59-134).
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