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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 21

Alaska: Fisheries

The Alaska Commercial Fisheries Entry Commission proposed to revise regulations in Alaska Admin. Code tit. 20, ch. 05, dealing with miscellaneous regulations. The proposal concerns reduced permit fees, vessel permits for statewide weathervane scallop fishery, and salmon net permit redesignation. The deadline for submitting written comments is August 18, 2014. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=173426.


Alaska: Public lands

The Alaska Board of Forestry will meet to discuss statewide forestry issues on August 13 and 14, 2014. The meeting will be held in Kodiak and will be teleconferenced.

Public lands

Arizona: Clean Air Act (CAA)

The Arizona Department of Environmental Quality proposed to adopt new and updated incorporations by reference of the following federal regulations in state rules: New Source Performance Standards; NESHAPS; Acid Rain; and other parts of Title 40 of the CFR. The updates include federal regulations finalized between July 1, 2006, and June 28, 2013. The comment period ends on August 19, 2014. See http://www.azsos.gov/public_services/Register/2014/29/proposed.pdf (pp. 1798-1832).

Clean Air Act (CAA)

California: Land Use

The Department of  Toxic Substances Control seeks public comment on a prospective purchaser agreement with the city of Oakland regarding two parcels located along the Oakland Estuary west of the I-880 freeway in Oakland, California. Under the agreement, the city will ensure that cleanup of the parcels occur, subject to certain conditions and reservations, in consideration of a covenant not to sue by the Department. The comment period expires on August 18, 2014.

Land Use

District of Columbia: Land Use

The D.C. Historic Preservation Review Board will hold a public hearing on September 25, 2014, to consider applications to designate two properties as historic landmarks in the D.C. Inventory of Historic Sites: First Church of Christ, Scientist at 1770 Euclid Street NW; and The Hawthorne School/Southeastern University on 501 I Street SW.

Land Use

Florida: Mining

The Department of Environmental Protection proposed to amend Fla. Admin. Code 62-660.804, General Permit for Sand and Limestone Mines. The revisions would authorize a permittee that holds a current Environmental Resources Permit to conduct mining and processing operations without the need to obtain a separate General Permit under the Industrial Wastewater Program.


Florida: Water

The Department of Environmental Protection is initiating rulemaking to update the Water Quality Credit Trading Rules in Fla. Admin. Code. ch. 62-306, which was adopted in 2010 to establish the requirements for a pilot water quality credit trading (WQCT) program among pollutant sources in the Lower St. Johns River Basin. State law no longer limits the program to the Lower St. Johns River Basin and authorizes the Department to implement WQCT on an ongoing basis in adopted basin management action plans or other applicable pollution control programs.


Florida: Wetlands

The Department of Environmental Protection proposed to develop and establish estuary-specific numeric nutrient criteria (NNC) for the following estuaries: portions of the Big Bend from Alligator Harbor to the Suwannee Sound; Cedar Key; St. Marys River estuary; Southern Indian River Lagoon; Mosquito Lagoon; several portions of the Intracoastal Waterway connecting estuarine systems; a variety of small gaps between estuaries with adopted NNC; and parameters for estuaries not currently covered by their adopted nutrient TMDLs, including Upper Escambia Bay, Lower St.


Indiana: Waste

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 329 Ind. Admin. Code 1, concerning requests for restrictive covenant modifications and associated cost recovery measures for remediation projects. As of April 2014, there are over 1,300 remediation sites in Indiana with a restrictive covenant. The comment period closes on August 15, 2014. See http://www.in.gov/legislative/iac/20140716-IR-329140254FNA.xml.html.


Kansas: Wildlife

The Kansas Department of Wildlife, Parks and Tourism proposed revision to Kan. Admin. Regs. §§115-2-1, 115-18-21, 115-7-3, 115-25-14, 115-2-3, 115-15-1, and 115-15-2, pertaining to recreational fishing, hunting, and camping. One of the proposed revisions would remove three endangered species and six threatened species from the threatened and endangered species lists. A workshop and hearing will be held on October 16, 2014. Comments are due the same day.


Maine: Wildlife

The Department of Inland Fisheries and Wildlife proposed additions and modifications to the list of endangered and threatened species to the Maine State Legislature for their consideration and approval. Public hearings will be held on August 5 and 15, 2015. Comments are due August 15. See http://www.maine.gov/sos/cec/rules/notices/2014/071614.html.


Ohio: Water

The Division of Drinking and Ground Waters adopted Ohio Admin. Code 3745-81-76, the water source designation rule. The rule goes into effect August 1, 2014. See http://epa.ohio.gov/Portals/28/documents/rules/final/3745-81-76_effective_08-01-2014.pdf.


Ohio: Water

The Ohio Environmental Protection Agency, Division of Drinking and Ground Waters, drafted revisions to Ohio Admin. Code 3745.91.03 and rules in Chapter 3745.81, concerning plan approval and primary drinking water standards for the state of Ohio. The proposed amendments are mostly minor and are a result of the state's  five-year rule review requirements. Comments must be received by August 21, 2014. See http://epa.ohio.gov/Portals/28/documents/rules/draft/PrimDWStds_IPR_PN.pdf.


Pennsylvania: Clean Air Act (CAA)

The Department of Environmental Protection seeks comment on a revision to its SIP as it relates to reasonably available control technology for the Delaware County Regional Water Quality Control Authority's Western Regional Treatment Plant in the city of Chester, Delaware County. The revision would correct an error in the heat release limit for each hearth incinerator at the facility. A hearing will be held on August 20, 2014. See http://www.pabulletin.com/secure/data/vol44/44-29/1501.html.

Clean Air Act (CAA)

Tennessee: Land Use

The Attorney General, in accordance with Tenn. Code Ann. §12-1-203, issued the 2014 update to its Regulatory Takings Guidelines in the Tennessee Register. Slight modifications were made to the guide's section on permitting in order to be more reflective of current agency practices. See http://tn.gov/sos/pub/tar/announcements/07-13-14.pdf.

Land Use

Texas: Clean Water Act (CWA)

The Texas Commission on Environmental Quality has made available for public comment five draft TMDLS for indicator bacteria in four Austin streams (Segments 1403J, 1403K, 1428B, and 1429C) of four Austin watersheds in Travis County and a draft implementation plan concerning the five TMDLs for bacteria for the same named segments. The Commission will conduct a public meeting to receive comments on the five TMDLs and the draft implementation plan on August 7, 2014.

Clean Water Act (CWA)