Current State Update

The California Pollution Control Financing Authority proposed to amend 4 Cal. Code Regs. §8035.5, relating to the California Pollution Control Financing Authority’s Bond Program. Changes implement, interpret and make specific articles 3 and 4 of the California Pollution Control Financing Authority Act. The deadline for comment is July 15, 2013. See http://www.oal.ca.gov/res/docs/pdf/notice/22z-2013.pdf (pp. 808-11).

The Air Resources Board proposed to amend Cal. Code Regs. tit. 13 §2416 to adopt new test procedures to measure evaporative emissions from off-highway recreational vehicles and expand evaporative emission control requirements. There will be a public hearing July 25, 2013. See http://www.oal.ca.gov/res/docs/pdf/notice/23z-2013.pdf (pp. 836-43).

The Department of Public Health and Environment amended 6 Colo. Code Regs. §1001.15, Reduction of Diesel Fuel Emissions. Changes would alter the Diesel-Fleet Self Certification Program. There will be a public hearing August 15, 2013. See http://www.sos.state.co.us/CCR/DisplayHearingDetails.do?trackingNumber=2013-00477.

The Department of Natural Resources and Environmental Control proposed to amend 7 Del. Admin. Code Ch. 60 §1138, Emission Standards for Hazardous Air Pollutants for Source Categories, to maintain consistency with federal rules. There will be a public hearing June 27, 2013. See http://regulations.delaware.gov/register/june2013/proposed/16%20DE%20Reg%201256%2006-01-13.htm.

The Department of Lands proposed to amend Idaho Admin. Code r. 20.02.01, Rules Pertaining to the Idaho Forest Practices Act. Changes will allow landowners to select from two options when implementing the shade rule. The deadline for comment is June 26, 2013. See http://adminrules.idaho.gov/bulletin/2013/06.pdf (pp. 45-46).

The Department of Agriculture proposed to amend Idaho Admin. Code r. 02.03.03, Rules Governing Pesticide and Chemigation Use and Application, to allow pesticide use on certain new seed crops. There will be a public hearing July 10, 2013, and the deadline for comment is July 25. See http://adminrules.idaho.gov/bulletin/2013/06.pdf (p. 17).

The Pollution Control Board amended 35 Ill. Admin. Code §742, Tiered Approach to Corrective Action Objectives. The rule provides procedures for developing remediation objectives based on risks environmental conditions at a variety of sites pose to human health. Amendments add an indoor inhalation exposure route that addresses the potential for vapors to enter a building through soil or groundwater. Changes take effect July 15, 2013.

The Department of Natural Resources proposed to amend 17 Ill. Admin. Code §805, Injurious Species. Changes would add a list of injurious plants to the regulation. The deadline for comment is July 22, 2013. See http://www.cyberdriveillinois.com/departments/index/register/register_volume37_issue23.pdf (pp. 7706-12).

The Environmental Protection Commission amended Iowa Admin. Code Ch. 33, Special Regulations and Construction Permit Requirements for Major Stationary Sources-Prevention of Significant Deterioration of Air Quality. Changes adopt amendments to federal rules related to greenhouse gases. Amendments take effect July 17, 2013. See https://www.legis.iowa.gov/DOCS/ACO/IAC/LINC/06-12-2013.Bulletin.pdf (pp. 1947-50).

The Department of Environmental Quality amended La. Admin. Code 33:III.905, Control Facilities to be Installed When Feasible. Changes will allow the department to grant an exemption to the owner or operator of a facility installed solely to comply with a proposed regulation that fails to be promulgated or a final regulation that is remanded. See http://www.doa.la.gov/osr/reg/1305/1305.pdf (pp. 1278-79).

The Department of Environmental Protection amended 06-096 Code Me. Regs. Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters. Changes conform the standards for standing to appeal a decision to the Board to the judicial standards to appeal a decision of the Board to court. Amendments took effect May 29, 2013. See http://www.maine.gov/sos/cec/rules/notices/2013/052913.html.

The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Chs. 800, Identification of Hazardous Matter, 801, Discharge of Hazardous Matter, and 851, Standards for Generators of Hazarous Waste. Changes incorporate the definition of hazardous matter as defined in regulations promulgated in CERCLA, conform the regulation to RCRA, and replace the existing daily hazardous waste container inspection requirement with a weekly inspection requirement. There will be a public hearing June 18, 2013, and the deadline for comment is June 28.

The State Environmental Commission proposed to amend Nev. Admin. Code §587.173,  Prohibited Noxious Weed Seeds. Changes add mayweed chamomile as an exception. See http://www.leg.state.nv.us/register/2013Register/R002-13I.pdf.

The Department of Environmental Services amended Env-A 1100, Prevention, Abatement, and Control of Mobile Sources of Air Pollution, to readopt rules set to expire. Changes took effect May 22, 2013. See http://www.gencourt.state.nh.us/rules/register/2013/june-13-13.pdf (p. 9).

The Department of Environmental Services amended Env-Wq 306, Management of Mercury Containing Amalgam. The rules, which implement a state law that requires the use of environmentally appropriate equipment and methods to dispose of mercury in dental amalgam waste, were set to expire. The readoption took effect May 22, 2013. See http://www.gencourt.state.nh.us/rules/register/2013/june-13-13.pdf (p. 9).

The Environmental Protection Agency proposed to amend Ohio Admin. Code §3745.19, Open Burning in Unrestricted Areas. Changes would add language to allow air curtain burners to be used to dispose land clearing wastes. There will be a public hearing July 12, 2013. See http://wwwapp.epa.ohio.gov/legal/pubnots/130607.pdf.

The Department of Energy proposed to amend Or. Admin. R. 345.024, related to the carbon dioxide standard for non-base load power plants. Amendments will restore language that was unintentionally removed in amendments adopted in 2012 and bring the rule into consistency with international standards. The deadline for comment is June 28, 2013. See http://arcweb.sos.state.or.us/doc/rules/bulletin/June2013_Bulletin.pdf (p. 13).

The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §115.453, Control Requirements for Surface Coating Processes. Changes would incorporate airless spray systems into the list of approved application systems. The deadline for comment is July 8, 2013. See http://www.sos.state.tx.us/texreg/pdf/backview/0607/0607is.pdf (pp. 3499-505).

The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §7.119, Memoranda of Understanding, to adopt the memorandum with the Department of Transportation regarding Commission reviews of highway projects. The deadline for comment is July 8, 2013. See http://www.sos.state.tx.us/texreg/pdf/backview/0607/0607is.pdf (pp. 3495-99).

The Forest Practices Board proposed to amend Wash. Admin. Code §222.12.045, Adaptive Management Program Reform. Changes would incorporate recommendations from the forest practices habitat conservation plan settlement agreement. There will be public hearings June 25 & 27, 2013, and the deadline for comment is June 28. See http://apps.leg.wa.gov/documents/laws/wsr/2013/11/13-11-131.htm.