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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 44, Issue 19

California: Natural Disasters

The Board of Forestry and Fire Protection proposed to amend 14 Cal. Code Regs. §§1273-1276 and adopt §1276.04. Changes seek to improve uniform implementation of fire protection standards. A public hearing will be held on August 27, and the deadline for comment is August 25, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/27z-2014.pdf (pp. 1187-90).

Natural Disasters

Colorado: Water

The Water Quality Control Commission proposed to amend 5 Colo. Code Regs. §§1002.53-55. Changes include combining the Domestic Wastewater Treatment Grant Funding System and the Drinking Water Grant Fund with the Water Quality Improvement Fund. A public hearing will be held on August 11, and the deadline for comment is July 30, 2014. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2014-00569.pdf.

Water

Georgia: Toxic Substances

The Department of Natural Resources proposed to amend R. 391.3.19, pertaining to the rules for hazardous site response. Changes include incorporating the use of environmental covenants at certain sites, revising standards for delineation of releases, and establishing additional mechanisms for the de-listing of sites on the hazardous site inventory. A public hearing will be held on July 22, and the deadline for comment is July 31, 2014.

Toxic Substances

Illinois: Water

The Environmental Protection Agency amended 35 Ill. Admin. Code §652. Changes allow for the issuance of construction permits to a community water supply even if the water supply is in violation of EPA regulations when the permit is for construction of equipment necessary to produce safe water. The amendments took effect June 30, 2014. See http://www.cyberdriveillinois.com/departments/index/register/register_volume38_issue27.pdf (pp. 13876-80).

Water

Kentucky: Water

The Energy and Environment Cabinet proposed to amend 807 Ky. Admin. Regs. 5.001, .011, .068, .069, .075, and .076. Changes pertain to water districts and water associations. See http://www.lrc.state.ky.us/kar/title807.htm#chp005.

Water

Maine: Invasive Species

The Department of Marine Resources proposed to amend Me. Code Regs. Chs. 25.40, 8.02, and 8.20. Changes would facilitate the removal of the invasive green crab species from coastal Maine waters. A public hearing will be held on July 14, and the deadline for comment is July 25, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/062514.html.

Invasive Species

Maine: Wildlife

The Department of Inland Fisheries and Wildlife adopted Me. Code Regs. Ch. 1-A, State Heritage Fish Waters. Changes establish a list of lakes and ponds identified as State Heritage Fish Waters and prohibit the use of live fish as bait in these waters. The rulemaking took effect June 23, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/062514.html.

Wildlife

Maryland: Aquaculture

The Department of Natural Resources proposed to amend Md. Code Regs. 8.02.03, Shellfish Aquaculture and Leasing. Changes update the list of violations for which a person could be suspended from shellfish aquaculture. The deadline for comment is July 14, 2014. See http://www.dsd.state.md.us/mdregister/4113/Assembled.htm#_Toc391035766.

Aquaculture

Massachusetts: Contaminated Sites/Brownfields

The Department of Environmental Protection amended 310 Mass. Code Regs. §40.00, pertaining to the Massachusetts Contingency Plan. Changes include streamlining site classification and deed notice requirements, updating cleanup standards, and revising site closure-related requirements. Changes took effect on June 20, 2014. See http://www.mass.gov/eea/agencies/massdep/cleanup/regulations/site-cleanup-regulations-and-standards.html.

Contaminated Sites/Brownfields

Michigan: Natural Resources

The Department of Environmental Quality proposed to amend Mich. Admin. Code R. 324. Changes pertain to hydraulic fracturing and would clarify and update provisions on well spacing, well locations and drilling tracts, and filing of permit applications. Public hearings will be held on July 15 and 16, and the deadline for comment is July 31, 2014. See http://www.michigan.gov/documents/lara/MR11_070114_461218_7.pdf (pp. 118-152).

Natural Resources

Minnesota: Invasive Species

The Department of Natural Resources amended Minn. R. 6216.0250, Prohibited Invasive Species. Changes add the water hyacinth to the list of prohibited invasive aquatic plants. See http://www.comm.media.state.mn.us/bookstore/stateregister/38_53.pdf (p. 1706).

Invasive Species

Missouri: Wildlife

The Department of Conservation amended Mo. Code Regs. tit. 3, §10.4.111. Changes add the grotto sculpin to Missouri’s list of threatened species. See http://www.sos.mo.gov/adrules/moreg/current/v39n13/v39n13.pdf (p. 1155).

Wildlife

Nevada: Waste

The State Environmental Commission proposed to amend Nev. Admin. Code §444, pertaining to the disposal of hazardous waste. See http://www.leg.state.nv.us/register/2014Register/R124-14I.pdf.

Waste

Nevada: Water

The State Environmental Commission proposed to amend Nev. Admin. Code §§445A.1792 and .1822.. Changes would revise the water quality standards for the Carson River and Lahontan Reservoir. See http://www.leg.state.nv.us/register/2014Register/R101-14I.pdf.

Water

Nevada: Water

The State Environmental Commission proposed to amend Nev. Admin. Code §445A. Changes would revise the water quality standards for certain “class waters” located in the Upper Humboldt River Basin. See http://www.leg.state.nv.us/register/2014Register/R102-14I.pdf.

Water

Nevada: Water

The State Environmental Commission proposed to amend Nev. Admin. Code §§445A.1432 and .1464-66. Changes would revise the water quality standards for the South Fork Humboldt River and South Fork Reservoir. See http://www.leg.state.nv.us/register/2014Register/R103-14I.pdf.

Water

New Jersey: Air

The Department of Environmental Protection proposed to amend N.J. Admin. Code §§7.27-22.28 and 7.27C. Changes would repeal the CO2 Budget Trading Program rules and related provisions. A public hearing will be held on August 8, and the deadline for comment is September 5, 2014. See http://www.nj.gov/dep/rules/notices/20140707a.html.

Air

Ohio: Toxic Substances

The Environmental Protection Agency proposed to amend Ohio Admin. Code §3750.30.20. Changes update the Facility Identification Form and the Facility Emergency and Hazardous Chemical Inventory Form. A public hearing will be held on July 17, 2014. See http://epa.ohio.gov/Portals/27/serc/regs/3750-30/3750_30_20_SYN_Prop.pdf.

Toxic Substances

Ohio: Waste

The Environmental Protection Agency proposed to amend Ohio Admin. Code §3745.27.03 and §§3745.29.06, .11, .14, and .19. Changes correct topographical and reference errors in the Municipal Solid Waste and Industrial Solid Waste Rules. The deadline for comment is August 4, 2014, and a public hearing will be held that day. See http://www.epa.ohio.gov/portals/34/document/draftrule/pubnot_msw_isw.pdf.

Waste

Oregon: Air

The Department of Environmental Quality proposed to amend Or. Admin. R. 340. Changes include streamlining and updating Oregon’s air quality permit rules and revising statewide particulate matter emission standards in order to improve compliance with EPA standards for fine particulate matter. Public hearings will be held on July 16, and the deadline for comment is July 31, 2014. See http://arcweb.sos.state.or.us/doc/rules/bulletin/July_2014_Bulletin.pdf.

Air

South Carolina: Air

The Department of Health and Environmental Control proposed to amend S.C. Reg. 61-62, pertaining to air pollution. Changes would update the South Carolina Designated Facility Plan, New Source Performance Standards, and NESHAPs for Source Categories in order to incorporate by reference recent federal amendments. The new rules would also incorporate EPA’s revision to NAAQS for fine particulate matter, sulfur dioxide, and nitrogen dioxide. A public hearing will be held on September 11, and the deadline for comment is July 28, 2014.

Air

South Carolina: Radiation

The Department of Health and Environmental Control proposed to amend S.C. Reg. 61-65, Particle Accelerators. Changes include adding a requirement for ventilation systems for particle accelerators that create radioactive materials and clarifying the responsibilities of the Radiation Safety Officer. The deadline for comment is July 28, 2014. See http://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=sr38-6.pdf (p. 10).

Radiation

South Carolina: Waste

The Department of Health and Environmental Control proposed to amend S.C. Reg. 61-107.19, Solid Waste Management: Solid Waste Landfills and Structural Fill. Changes address the process for permitting Class One, Two, and Three landfills and update requirements for structural fill sites. The deadline for comment is July 28, 2014. See http://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=sr38-6.pdf (pp. 10-11).

Waste

Texas: Watershed Protection

The Department of Environmental Quality proposed to amend 30 Tex. Admin. Code §§311.61, .62, and .67, pertaining to watershed protection. Changes establish a total phosphorus limit for certain discharges into the Benbrook Lake Watershed. A public hearing will be held on July 24, and the deadline for comment is August 4, 2014. See http://www.sos.state.tx.us/texreg/archive/July42014/Proposed%20Rules/30.ENVIRONMENTAL%20QUALITY.html#78.

Watershed Protection

Utah: Air

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.504. Changes seek to reduce the emission of volatile organic compounds by requiring that tank trucks used for intermediate hydrocarbon liquid or produced water load using bottom filling or submerged fill pipe. The deadline for comment is July 31, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140701.pdf (pp. 43-44).

Air

Utah: Air

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.503. Changes would require that all new flares at oil and gas production sites be equipped with a self-igniter to relight the pilot light if the flame is extinguished. The deadline for comment is July 31, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140701.pdf (pp. 42-43).

Air

Utah: Air

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.502, pertaining to pneumatic controllers. Changes would require the replacement of existing high-bleed devices with low-bleed devices in order to comply with the oil and gas new source performance standard. The deadline for comment is July 31, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140701.pdf (pp. 40-42).

Air

Utah: Air

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.501. Changes establish general requirements for the prevention of emissions for all oil and gas exploration and production activities. The deadline for comment is July 31, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140701.pdf (pp. 39-40).

Air

Utah: Toxic Substances

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.342.3. Changes exempt DOD contractors from certain requirements for sealants and adhesives. The deadline for comment is July 31, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140701.pdf (pp. 38-39).

Toxic Substances

Utah: Waste

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 305.1.1 in order to add definitions for “no free liquids” and “solvent-contaminated wipe.” The deadline for comment is July 31, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140701.pdf (pp.44-47).

Waste

West Virginia: Waste

The Division of Water and Waste Management proposed to amend W. Va. Admin. Code §33.1, pertaining to the Solid Waste Management Rule. The deadline for comment is July 30, 2014, and a public hearing will be held that day. See http://apps.sos.wv.gov/adlaw/registers/readpdf.aspx?did=1614.

Waste