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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 45, Issue 24

California: Energy

The Public Utilities Commission is proposing to amend Cal. Code Regs. tit. 20, §1.1, pertaining to Rules of Practice and Procedure. The changes will require all applications to provide details on relevant safety considerations in Commissioners’ scoping memos, ensuring that safety is more fully incorporated into decisions. The deadline for comment is September 28, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/33z-2015.pdf (pp. 1359-1360).

Energy

California: Fisheries

The Fish and Game Commission is proposing to amend Cal. Code Regs. tit. 14 §180.6, pertaining to commercial hagfish traps. Changes would introduce restrictions on popup use with buoy lines attached to barrel traps, and would prohibit additional trap types aboard a vessel where a barrel trap is already being used. The proposed regulations could reduce mortality of captured hagfish due to crowding. A hearing will be held October 7, 2015, and the deadline for comment is October 7, 2015.

Fisheries

California: Forests

The Board of Forestry and Fire Protection is proposing to amend several sections of Cal. Code Regs. tit. 14, pertaining to the Forest Practice Rules. The proposed amendments would be for clean-up purposes, to enhance the implementation of the Forest Practice Rules by various forestry professionals, timber owners, and government enforcement agents. The rule would also permanently include drought as a condition that can constitute an emergency.

Forests

California: Wildlife

The Fish and Game Commission is proposing to adopt Cal. Code Regs. tit. 14 §§8078.3-8078.7, pertaining to nesting birds and birds of prey. The proposed regulations would clarify language to ensure consistent interpretation by the many stakeholders involved in enforcement and management, furthering the goals of protecting California’s native birds. A hearing will be held September 28, 2015, and the deadline for comment is September 28, 2015.

Wildlife

Colorado: Clean Water Act (CWA)

The Department of Public Health and Environment is proposing to amend several sections of 5 Colo. Code Regs. §1002-93, pertaining to the list of Water-Quality-Limited Segments Requiring TMDLs and the monitoring and evaluation list, and adopt §1002-93.4, a new section for Impaired Water Bodies Not Requiring TMDLs. The deadline for comment is December 11, 2015, and a hearing will be held December 14, 2015.

Clean Water Act (CWA)

Colorado: Quality

The Department of Public Health and Environment is proposing to amend 5 Colo. Code Regs. §1002-86, pertaining to the Graywater Control Regulation. The changes would make clarifications regarding local graywater program requirements, and reorganize the graywater treatment works criteria in the rule. The deadline for initial comment is September 30, 2015, and the deadline for written responsive comments is October 28, 2015. A hearing will be held November 9, 2015.

Quality

Colorado: Quality

The Department of Public Health and Environment is proposing to amend 5 Colo. Code Regs. §1002-32 through 1002-38, pertaining to stream classifications and water quality standards. The changes would update regulations controlling water quality in various river basins and segments in the state, set to expire December 31, 2017. A hearing will be held December 14, 2015, and party status requests are due in writing by September 29, 2015. The deadline for public comment is December 11, 2015.

Quality

Florida: Quality

The Department of Environmental Protection is proposing to amend Fla. Admin. Code Ann. r. 62-306, pertaining to the water quality trading rule. The proposed amendments would incorporate knowledge gained throughout the trial period for a water quality trading program, and make the rules consistent with statutory changes that expanded the program beyond the Lower St. Johns River Basin. The deadline for comment and to request a public hearing is September 4, 2015.

Quality

Florida: Water

The Department of Environmental Protection is proposing to add Fla. Admin. Code Ann. r. 62-330.420, pertaining to environmental resource general permits. The new rule would add a general permit for public mooring fields, which must result in no more than a minimal adverse environmental effect on water resources. The deadline for comment is September 9, 2015. See https://www.flrules.org/Gateway/View_notice.asp?id=16297084.

Water

Iowa: Agencies

The Agriculture and Land Stewardship Department is proposing to amend several chapters of Iowa Admin. Code r. 27, pertaining to language updates. The changes would reflect the new name of the Soil Conservation Division—the Division of Soil Conservation and Water Quality—and would make language in the rule consistent with language in the relevant Iowa State Senate appropriations bill. The deadline for comment is September 8, 2015.

Agencies

Kansas: Air quality

The Department of Health and Environment will hold a hearing regarding the SIP for the Cross-State Air Pollution Rule, if requested, on October 7, 2015. The SIP is being revised such that the Department of Health and Environment can assume allocation authority for various unit source and unit set-aside allocations in the Transport Rule Nitrogen Oxides Annual Trading Program for U.S. EPA’s 2017-2019 control periods. The deadline to request a hearing is September 25, 2015.

Air quality

Kansas: Quality

The Department of Health and Environment will hold a hearing to present the Draft Affordability Criteria required by the Water Resources Reform and Development Act for the Kansas Water Pollution Control Revolving Loan Fund. Comments should be submitted before the hearing, to be held September 14, 2015. See http://www.kssos.org/pubs/register/2015/Vol_34_No_33_August_13_2015_pages_927-948.pdf (p. 935).

Quality

Kansas: Transportation

The Department of Transportation is soliciting comment on the draft federal fiscal year 2016-2019 Statewide Transportation Improvement Program for Kansas. The deadline for comment is September 11, 2015. See http://www.kssos.org/pubs/register/2015/Vol_34_No_33_August_13_2015_pages_927-948.pdf (p. 932).

Transportation

Louisiana: Toxic Substances

The Department of Environmental Quality is proposing to amend several sections of La. Admin. Code tit. 33.XV, pertaining to Radiation Protection regulations. The changes would adjust the requirements for the physical protection of category 1 and category 2 quantities of radioactive materials, and the distribution of source material to exempt persons and general licensees. See http://www.doa.la.gov/osr/REG/1508/1508.doc (pp. 1514-1533).

Toxic Substances

Maryland: Quality

The Department of the Environment is proposing to amend Md. Code Regs. 26.08.01 and 26.08.04, pertaining to water pollution. The changes would clarify activities covered under general permits, and address a concrete removal technique known as hydrodemolition. The deadline for comment is September 21, 2015. See http://www.dsd.state.md.us/MDR/4217.pdf (pp. 1151-1152).

Quality

Massachusetts: Environmental Justice

The Executive Office of Energy and Environmental Affairs is soliciting comment on its Draft Environmental Justice Policy, developed following Executive Order 552, which requires Secretariats to take action to further environmental justice. The public comment period opened August 7, 2015, and closes September 21, 2015. See http://www.mass.gov/eea/grants-and-tech-assistance/environmental-justice-policy.html.

Environmental Justice

Mississippi: Quality

The Department of Environment Quality is proposing to adopt 11-6 Miss. Code R. §8, the draft fiscal year 2015 Water Pollution Control Revolving Loan Fund Intended Use Plan. The plan details projects to be funded, as well as available funds under the program. A hearing will be held on September 22, 2015. See http://www.sos.ms.gov/ACProposed/00021474a.pdf.

Quality

Missouri: Indoor Air Environments

The Department of Natural Resources is proposing to amend Mo. Code Regs. Ann. tit. 10, §10-6.241, pertaining to air quality, and specifically to asbestos projects. The amendments would change the asbestos fee structure by increasing registration and inspection fees, and expand the rule to cover demolition projects. A hearing will be held September 24, 2015. The deadline for comment is October 1, 2015. See http://www.sos.mo.gov/adrules/moreg/current/v40n16/v40n16b.pdf (pp. 1013-1031).

Indoor Air Environments

Montana: Quantity

The Department of Natural Resources is proposing several amendments to Mont. Admin. R. 36.16, pertaining to water conservation. The changes would clarify procedures and offer guidance for water reservation applications. The deadline for comment is September 10, 2015. See http://sos.mt.gov/arm/Register/archives/MAR2015/MAR15-15.pdf (pp. 1108-1126).

Quantity

Montana: State implementation plans (SIPs)

The Department of Environmental Quality is proposing amendments to Mont. Admin. R. 17.372, pertaining to Montana’s SIP under the CAA. The amendments would address conflict of interest requirements within the SIP. The deadline for comment is September 10, 2015. See http://sos.mt.gov/arm/Register/archives/MAR2015/MAR15-15.pdf (pp. 1092-1095).

State implementation plans (SIPs)

New Hampshire: National ambient air quality standards (NAAQS), §109

The Department of Environmental Services is proposing to readopt and amend N.H. Code R. Env-A 3200 pertaining to NAAQS for ozone. Changes would adjust aspects of the NOx Budget Trading Program related to the use of discrete emissions reductions as offsets against ozone-season NOx emissions, among other structural changes. A public hearing will be held September 11, 2015, and the deadline for comment is September 18, 2015.

National ambient air quality standards (NAAQS), §109

New Mexico: Air quality

The Environmental Improvement Board is proposing to amend N.M. Code R. §§ 20.2.77, .78 and .82, pertaining to Air Quality Control Regulations. The changes would incorporate by reference amendments to the federal new source performance standards, NESHAP, and maximum achievable control technology. Comments must be submitted before or at the public hearing, to be held on October 15, 2015. See http://164.64.110.239/nmregister/xxvi/xxvi15/EIBnotice.pdf.

Air quality

New Mexico: Green Buildings

The Energy, Minerals and Natural Resources Department is proposing to amend N.M. Code R. §§3.4.21, 4.22, 3.34, and 3.35 regarding sustainable building tax credits.

Green Buildings

New York: Alternative Energy

The Public Service Commission is proposing to amend ratemaking, rate design, and regulatory practices in order to implement Reforming the Energy Vision. The changes would place additional focus on outcomes and incentives. The deadline for comment is October 2, 2015. See http://docs.dos.ny.gov/info/register/2015/august19/pdf/rulemaking.pdf (p. 24).

Alternative Energy

North Carolina: Agriculture

The Department of Agriculture and Consumer Services is proposing to amend 15A N.C. Admin Code 09L .1009, pertaining to neonicotinoids. The changes would incorporate the provisions of U.S. EPA’s national pollinator protection strategy and neonicotinoid pesticide labeling and pesticide application notification requirements. The deadline for comment is October 16, 2015. See http://www.ncoah.com/rules/register/Volume%2030%20Issue%2004%20August%2017,%202015.pdf (p.

Agriculture

Oregon: Clean Water Act (CWA)

The Department of Environmental Quality is proposing to amend several sections in Or. Admin. R. 340-054, pertaining to the Clean Water State Revolving Fund program. The changes would align the program with the 2014 federal Clean Water Act Amendments. The deadline for comment is August 24, 2015.

Clean Water Act (CWA)

Oregon: Sustainability

The Department of Energy is proposing to amend Or. Admin. R. 330-230-0150 and 330-090-0160, pertaining to the Business Energy Tax Credit and Energy Incentives Program. The changes will amend the rules for the credit transfer process. A hearing is scheduled for August 25, 2015. The deadline for comment is August 26, 2015. See http://www.oregon.gov/energy/business/incentives/docs/EIP-BETC_Transfer_Hearing_Notice-082515.pdf.

Sustainability

Pennsylvania: Solid

The Department of Environmental Protection is proposing several permit modifications under the Solid Waste Management Act, 35 Pa. Code §§6018.101-6018.1003 and under the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 Pa. Code §§4000.101-4000.1904. The modifications address a general permit for residual waste processing facilities, limiting certain material uses on mining activity sites, and the benefits of using residual waste other than coal ash. The deadline for comment is October 14, 2015.

Solid

Pennsylvania: State implementation plans (SIPs)

The Department of Environmental Protection is seeking public comment on the proposed SIP for Pennsylvania. The revision includes 2011 base year emissions inventory for stationary, area, nonroad and mobile anthropogenic sources and biogenic sources in nonattainment area for the 2008 ozone NAAQS. Several hearings are scheduled for September 21, 2015. Comments must be received by September 21, 2015. See http://www.pabulletin.com/secure/data/vol45/45-34/1547.html.

State implementation plans (SIPs)

Texas: Administrative Law

The Commission on Environmental Quality is proposing several amendments to 30 Tex. Admin. Code §1.11 and §§ 39, 50, 55, 70, and 80. The changes are part of a series of amendments to Texas APA regarding public notice, public comment, and contested case hearings, introduced by Texas Senate Bill 1267. The deadline for comment is September 21, 2015. See http://www.sos.state.tx.us/texreg/pdf/backview/0821/0821prop.pdf (pp. 5225-5277).

Administrative Law

Texas: Agriculture

The Department of Agriculture is proposing to amend several sections of 4 Tex. Admin. Code §21, pertaining to citrus. The proposed rules would implement requirements introduced to prevent the spread of citrus greening as part of the Citrus Greening Quarantine. The deadline for comment is September 21, 2015. See http://www.sos.state.tx.us/texreg/pdf/backview/0821/0821prop.pdf (pp. 5202-5212).

Agriculture

Texas: Green Buildings

The Department of Housing and Community Affairs is proposing to amend 10 Tex. Admin. Code §§21.1-21.6, Minimum Energy Efficiency Requirements for Single Family Construction Activities. The changes clarify construction requirements as they pertain to energy efficiency measures for new construction and rehabilitation activities. The deadline for comment is September 21, 2015. See http://www.sos.state.tx.us/texreg/pdf/backview/0821/0821prop.pdf (pp. 5212-5215).

Green Buildings

Utah: State implementation plans (SIPs)

The Department of Environmental Quality is proposing to amend Utah Admin. Code r. 307-110-28, pertaining to the Regional Haze section of Utah’s SIP. Changes will incorporate an enforceable commitment into the SIP to ensure that emissions reductions from the closure of the Carbon Power Plant are not double counted. The deadline for comment is September 14, 2015. See http://www.rules.utah.gov/publicat/bull_pdf/2015/b20150815.pdf (p.13).

State implementation plans (SIPs)

Vermont: Ground water

The Department of Environmental Conservation is seeking comment on the draft of the revised Groundwater Protection Rule and Strategy. The rule establishes classes of groundwater, the process for reclassification, and standards for groundwater protection. The deadline for comment is September 25, 2015. See http://www.anr.state.vt.us/site/cfm/cal.cfm#2620.

Ground water

Virginia: Solid

The State Board of Health is proposing to amend 12 Va. Admin. Code §§5-610-920 through -950, pertaining to sewage handling and disposal regulations. The proposed changes seek to further protect public health, surface, and groundwater by incorporating requirements for gravelless material and drip dispersal in the construction, design, and installation of effluent dispersal systems. The deadline for comment is October 26, 2015. See http://register.dls.virginia.gov/details.aspx?id=5109.

Solid