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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 3

California: Forests

The Board of Forestry and Fire Protection is proposing to amend Cal. Code Regs. tit. 14, §§895.1, 916.5, 936.5, 956.5, and 1090.26 and to adopt Cal. Code Regs. tit. 14, §§1090.28 and 1094–1094.35 regarding forest management plans. Among other changes, the amendments would allow for management plans with the goal of unevenaged timber stands and sustained yields, and increase the acreage allowed to be covered by a plan. A public hearing will be held March 4, 2015, and the deadline for written comment is March 2, 2015.

Forests

California: Right-To-Know

The Office of Environmental Health Hazard Assessment is proposing to add Cal. Code Regs. tit. 27, §25205 regarding Proposition 65. The addition would establish the framework for a website that provides supplemental information to the public about potential exposure to Proposition 65 listed chemicals. A public hearing will be held March 25, 2015, and the deadline for comment is April 8, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/03z-2015.pdf (pp. 121-124).

Right-To-Know

California: Right-To-Know

The Office of Environmental Health Hazard Assessment is proposing to amend Cal. Code Regs. tit. 27, §§25601-25605.2 regarding warnings under Proposition 65. Changes would provide guidance on the statute's right-to-know provisions, including addressing responsibilities for businesses in the chain of commerce and retail sellers. A public hearing will be held March 25, 2015, and the deadline for comment is April 8, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/03z-2015.pdf (pp. 118-121).

Right-To-Know

California: Wildlife

The Fish and Game Commission is proposing to amend Cal. Code Regs. tit. 14, §§250.1, 311, 353, 355, 464, 465, 475, and 485 regarding lead ammunition. Changes would establish a timeline to phase out the use of lead ammunition for hunting by July, 2019, as required by recent legislation. Public hearings will be held February 12 and April 9, 2015. Written comments are requested by March 26, 2015, and the deadline for written comment is April 3, 2015.

Wildlife

Florida: Clean Water Act (CWA)

The Department of Environmental Protection is proposing to amend various sections of Fla. Admin. Code Ann. r.62-550 and 62-560 regarding water quality. Changes would adopt U.S. EPA's revisions to the Total Coliform Rule. The deadline for comment is February 6, 2015. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2015/4111/4111doc.pdf (pp. 303-308).

Clean Water Act (CWA)

Iowa: Ground water

The Department of Public Health is proposing to amend various sections of Iowa Admin. Code r.24 regarding private water well testing and plugging. Changes would update rules to correct cross references, increase reimbursement amounts, and add arsenic testing as an eligible reimbursement item. A public hearing will be held February 10, 2015, and the deadline for comment is also February 10, 2015. See https://www.legis.iowa.gov/docs/aco/bulletin/01-21-2015.pdf (pp. 1300-02).

Ground water

Iowa: Waste

The Environmental Protection Commission is proposing to amend Iowa Admin. Code r.107, 110, 112, 210 and 218 regarding waste regulations. Changes would update the rules to eliminate redundancy and correct cross references. A public hearing will be held February 18, 2015, and the deadline for comment is also February 18, 2015. See https://www.legis.iowa.gov/docs/aco/bulletin/01-21-2015.pdf (pp. 1280-82).

Waste

Louisiana: Clean Air Act (CAA)

The Department of Environmental Quality is proposing to amend La. Admin. Code tit. 33:III, §711 regarding air quality regulations. Changes would adopt EPA's updated NAAQS for particulate matter. A public hearing will be held February 25, 2015, and the deadline for comment is also February 25, 2015. See http://www.doa.louisiana.gov/OSR/reg/regs2015.htm (pp. 198-199).

Clean Air Act (CAA)

Louisiana: Energy

The Department of Natural Resources is proposing to amend La. Admin. Code tit. 43:XIX, §405 regarding enhanced oil recovery. Changes would establish application requirements for operations using carbon dioxide injection. A public hearing will be held February 26, 2015, and the deadline for comment is March 5, 2015. See http://www.doa.louisiana.gov/OSR/reg/regs2015.htm (pp. 258-259).

Energy

Louisiana: Land Use

The Department of Natural Resources is proposing to amend La. Admin. Code tit. 43:XIX, §507 regarding oil and gas facilities and transfer stations. Changes would establish a new 1,250 foot setback requirement for commercial facilities and transfer stations located near schools, hospitals, or parks. A public hearing will be held February 26, 2015, and the deadline for comment is March 5, 2015. See http://www.doa.louisiana.gov/OSR/reg/regs2015.htm (pp. 260-261).

Land Use

Maine: Clean Air Act (CAA)

The Department of Environmental Protection is proposing to amend 06-096 Me. Code R. §129 regarding air emission controls. Changes would expand surface coating regulations by establishing emission limits for various categories of surface coating procedures. A public hearing will be held if requested by February 17, 2015, and the deadline for comment is February 17, 2015. See http://www.maine.gov/sos/cec/rules/notices/2015/011415.html.

Clean Air Act (CAA)

Maine: Clean Air Act (CAA)

The Department of Environmental Protection is proposing to amend 06-096 Me. Code R. §127 regarding motor vehicle emissions standards. Changes would delay the implementation of California's catalytic converter requirements until June, 2018. A public hearing will be held if requested by February 17, 2015, and the deadline for comment is February 17, 2015. See http://www.maine.gov/sos/cec/rules/notices/2015/011415.html.

Clean Air Act (CAA)

Maine: Forests

The Department of Environmental Protection is proposing to amend 01-669 Me. Code R. §21 regarding forestry. Changes would delegate permitting activity for timber harvesting and related activities to the Bureau of Forestry and clarify which activities are considered timber harvesting. Public hearings will be held February 3 and 4, 2015, and the deadline for comment is February 16, 2015. See http://www.maine.gov/sos/cec/rules/notices/2015/011415.html.

Forests

Maine: Public Health

The Department of Environmental Protection is proposing to adopt 06-096 Me. Code R. §888 regarding chemical classification. The new rule would promote four types of phthalates to priority status on the state's chemicals of high concern list. The deadline for comment is February 17, 2015. See http://www.maine.gov/sos/cec/rules/notices/2015/011415.html.

Public Health

Maine: Public Health

The Department of Environmental Protection is proposing to adopt 06-096 Me. Code R. §885 regarding chemical classification. The new rule would promote formaldehyde to priority status on the state's chemicals of high concern list. The deadline for comment is February 17, 2015. See http://www.maine.gov/sos/cec/rules/notices/2015/011415.html.

Public Health

Michigan: Safe Drinking Water Act (SDWA)

The Department of Environmental Quality is proposing to amend Mich. Admin. Code r. 325.10101 through 325.12820 regarding drinking water regulations. Changes would adopt updated federal drinking water regulations and address cross connection control, operator certification, asset management, and water quality reports for systems servicing schools or daycares. A public hearing will be held February 18, 2015, and the deadline for comment is February 25, 2015.

Safe Drinking Water Act (SDWA)

New Hampshire: Corporate Law

The Department of Environmental Services is proposing to amend N.H. Code R. Env-C 201.02(b), 208, and 211 regarding submission of information to the department. Changes would readopt procedures for reviewing confidential business information and clarify that trade secrets are included in that category. A public hearing will be held February 12, 2015, and the deadline for comment is February 20, 2015. See http://www.gencourt.state.nh.us/rules/register/2015/january-15-15.pdf (pp.

Corporate Law