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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 11

California: Agencies

The Delta Protection Commission is proposing to amend its conflict-of-interest code pursuant to Cal. Gov't Code §87302. Amendments would update positions and revise disclosure obligations. A public hearing will be held if requested by May 1, 2015, and the deadline for comment is May 18, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/14z-2015.pdf (p. 537).

Agencies

Colorado: Invasive Species

The Department of Natural Resources is proposing to amend 2 Colo. Code Regs. §406-0 regarding invasive species. Changes would only allow terrestrial invasive species to be released into the wild for bona fide scientific research. A public hearing will be held beginning May 5, 2015, and the deadline for comment is also May 5, 2015. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=04/10/2015 (pp. 102-106).

Invasive Species

Colorado: Radiation

The Department of Public Health and Environment is proposing to adopt 6 Colo. Code Regs. §1007-1 regarding the regulation of radioactive material. The new rule would maintain compatibility with NRC regulations by updating physical security and training requirements among other provisions. A public hearing will be held May 15, 2015, and the deadline for comment is May 8, 2015. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=04/10/2015 (pp.

Radiation

Florida: Endangered Species

The Department of Agriculture and Consumer Services is proposing to amend various portions of Fla. Admin. Code Ann. r.5B-40.001 through 40.010 regarding endangered plants. Changes would update the index of regulated plants including adding and removing species pursuant to public comment received by the Endangered Plant Advisory Council. A public hearing will be held if requested by May 4, 2015, and the deadline for comment is also May 4, 2015.

Endangered Species

Florida: Hazardous Substances

The Department of Environmental Protection is proposing to amend various portions of Fla. Admin. Code Ann. r.62-730 regarding hazardous waste. Changes would maintain consistency with EPA regulations and allow the state to continue administering its own hazardous waste program. The deadline for comment is April 27, 2015. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2015/4166/4166doc.pdf (pp. 1633-35).

Hazardous Substances

Georgia: Quantity

The Department of Natural Resources is proposing to amend Ga. Comp. R. & Regs. 391-3-33 regarding public water supplies. Changes would establish new minimum standards and best practices for monitoring and improving the efficiency of water use by public water systems. A public hearing will be held May 5, 2015, and the deadline for comment is May 13, 2015.

Quantity

Georgia: Quantity

The Department of Natural Resources is proposing to amend Ga. Comp. R. & Regs. 391-3-2, 391-3-6, and 391-3-30 regarding water use. Changes would adopt drought management procedures and update related rules to be compatible with the drought management program. A public hearing will be held May 5, 2015, and the deadline for comment is May 13, 2015.

Quantity

Hawaii: Public Lands

The Department of Land and Natural Resources is seeking public comment on its draft 2015 Statewide Comprehensive Outdoor Recreation Plan. The plan identifies priorities for Land and Water Conservation Fund grants. The deadline for comment is April 30, 2015. See http://dlnr.hawaii.gov/blog/2015/04/10/nr15-055/.

Public Lands

Illinois: Public Lands

The Department of Natural Resources is proposing to adopt Ill. Admin. Code tit. 17, §3090.10-.90 regarding recreational trails. The new rules would establish guidelines for awarding and administering grants through the federal recreational trails program. The deadline for comment is May 22, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue15.pdf (pp. 5325-38).

Public Lands

Kansas: Quality

The Department of Health and Environment is seeking public comment on drafts of its Intended Use Plan, Project Priority List, and Project Priority System for the Water Pollution Control Revolving Loan Fund. A public hearing will be held May 13, 2015. See http://www.kssos.org/pubs/register/2015/Vol_34_No_14_April_2_2015_pages_255-300.pdf (p. 261).

Quality

Maryland: Radiation

The Department of the Environment is proposing to amend Md. Code Regs. 26.12.01.01 regarding the regulation of radioactive material. Changes would maintain compatibility with NRC regulations by updating physical security and training requirements among other provisions. The deadline for comment is May 4, 2015. See http://www.dsd.state.md.us/mdregister/4207.pdf (pp. 582-583).

Radiation

Maryland: Watershed Protection

The Department of Agriculture is proposing to amend various portions of Md. Code Regs. 15.20.04, .07, and .08 regarding nutrient management. Changes would establish a process for transitioning from the Phosphorus Site Index to the Phosphorus Management Tool as a means to identify risks associated with phosphorus runoff and implement nutrient management plans. The deadline for comment is May 4, 2015. See http://www.dsd.state.md.us/mdregister/4207.pdf (pp. 574-582).

Watershed Protection

Minnesota: Quality

The Pollution Control Agency is seeking public comment on a site specific water quality standard for Spring Lake. Changes would increase the lake's phosphorus standard from 40 to 60 micrograms per liter. The deadline for comment is May 5, 2015. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_40.pdf (pp. 1432-34).

Quality

New Hampshire: Clean Air Act (CAA)

The Department of Environmental Services is proposing to amend N.H. Code R. Env-A 901 through 912 regarding recordkeeping for stationary sources of air emissions. Among other changes, the amendments would clarify requirements for electronic document submission and revise reporting requirements for Title V sources. A public hearing will be held May 12, 2015, and the deadline for comment is May 22, 2015. See http://www.gencourt.state.nh.us/rules/register/2015/April-16-15.pdf (pp.

Clean Air Act (CAA)

North Carolina: Clean Air Act (CAA)

The Department of Environment and Natural Resources is proposing to amend 15A N.C. Admin. Code 02D .0410 and .0544, and 15A N.C. Admin. Code 02Q .0206, .0304, .0502, and .0507 regarding air pollution regulations. Changes would remove the PSD permit requirement for sources only emitting greenhouse gases, update regulations to reflect strengthened NAAQS for particulate matter, and remove requirements concerning the reporting of recycling and reduction practices.

Clean Air Act (CAA)

Pennsylvania: Energy

The Department of Environmental Protection is seeking public comment on changes it is recommending to the Environmental Protection Performance Standards at Oil and Gas Well Sites. Among other changes, the revised recommendations will eliminate the use of pits to temporarily store waste at unconventional drilling sites, and require operators to restore impacted drinking water supplies to SDWA standards or predrill quality, whichever is more stringent. The deadline for comment is May 4, 2015.

Energy

Texas: Safe Drinking Water Act (SDWA)

The Water Development Board is proposing to amend 31 Tex. Admin. Code §371.42 and related rules regarding the state's drinking water revolving fund. Among other changes, the amendments would provide for more executive discretion for granting categorical exclusions, and more closely align the board's rule with federal requirements. The deadline for comment is May 8, 2015. See http://www.sos.state.tx.us/texreg/pdf/backview/0410/0410prop.pdf (pp. 2074-81).

Safe Drinking Water Act (SDWA)
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