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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 46, Issue 23

California: Sustainability

The Air Resources Board is proposing amendments to the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation under Cal. Code Regs. tit. 17. A public hearing will be held September 22, 2016. Written comment will be accepted until 5:00 pm on September 19, 2016. See http://www.oal.ca.gov/res/docs/pdf/notice/32z-2016.pdf (pp. 1370-85).

Sustainability

California: Toxic Substances (generally)

The State Fire Marshal is proposing to adopt regulations to Cal. Code Regs. tit. 19, §1, Ch. 14, related to the annual pipeline inspection for intrastate hazardous liquid pipelines and operators. Written comment will be accepted until 5:00 pm on September 19, 2016. If a written request for a hearing is received, a public hearing will be held on September 19, 2016. See http://www.oal.ca.gov/res/docs/pdf/notice/32z-2016.pdf (pp. 1385-89).

Toxic Substances (generally)

Colorado: Air (generally)

The Department of Public Health and Environment is proposing changes to 5 Colo. Code Regs. §1001-13 regarding motor vehicle emissions inspection programs. Public hearings will be held on October 20 and 21, 2016. Public comment will be accepted until October 7, 2016. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016 (pp. 249-58).

Air (generally)

Colorado: Air (generally)

The Department of Public Health and Environment is proposing changes to 4 Colo. Code Regs. §1001-9 regarding emission of volatile organic compounds and nitrogen oxides control, ozone via ozone precursors, and control of hydrocarbons via oil and gas emissions. Public hearings will be held on October 20 and 21, 2016. Public comment will be accepted until October 7, 2016. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016 (pp. 155-248).

Air (generally)

Colorado: Air (generally)

The Department of Public Health and Environment is proposing changes to 5 Colo. Code Regs. §1001-5 regarding stationary source permitting and air pollutant emission. Public hearings will be held on October 20 and 21, 2016. Public comment will be accepted until October 7, 2016. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016 (pp. 145-54).

Air (generally)

Colorado: Sustainability

The Department of Public Health and Environment is proposing changes to 5 Colo. Code Regs. §1001-14 regarding air quality standards, designations, and emission budgets. Public hearings will be held on October 20 and 21, 2016. Public comment will be accepted until October 7, 2016. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016 (pp. 259-69).

Sustainability

Colorado: Wildlife (generally)

The Department of Natural Resources is proposing changes to 2 Colo. Code Regs. §406-14 regarding wildlife rehabilitation. A public hearing will be held on September 8, 2016. Public comment will be accepted until 12:00pm on August 25, 2016. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016 (pp. 62-66).

Wildlife (generally)

Florida: Toxic Substances (generally)

The Department of Agriculture and Consumer Services proposes to revise Fla. Admin. Code §576.011. The revisions involve investigational allowances for boron, copper, iron, manganese, and zinc micronutrients for fertilizer micronutrient deficiencies. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2016/42154/42154doc.pdf (pp. 3537-39).

Toxic Substances (generally)

Kansas: Water (generally)

The Department of Agriculture Division of Water Resources proposes amendments to Kan. Admin. Regs. §5. Changes involve clarifying agency authority in meter installation and sealing. A public hearing will be held on October 4, 2016. See http://www.kssos.org/pubs/register/2016/Vol_35_No_31_August_4_2016_pages_685-704.pdf (pp. 691-92).

Water (generally)

Kansas: Water (generally)

The Department of Health and Environment has created various draft water pollution control documents including permits, notices to revoke and reissue, and notices to terminate, in conformance with Kan. Admin. Regs. §28-16-61. Written comment will be accepted until September 3, 2016. See http://www.kssos.org/pubs/register/2016/Vol_35_No_31_August_4_2016_pages_685-704.pdf (pp. 688-90).

Water (generally)

Nebraska: Sustainability

The Department of Environmental Quality is proposing changes to Neb. Admin. R. & Regs. §§81-1517 through 81-1520. The revisions would authorize the Department to conduct an affordability and sustainability impact analysis when issuing NPDES permits to political subdivisions. A public hearing will be held on August 30, 2016. See http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001655.

Sustainability

New York: Energy (generally)

The Public Service Commission is considering the initial Distributed System Implementation Plans filed by utilities intended to achieve the Commission's Reforming the Energy Vision Initiative. Public comment will be accepted until September 24, 2016. See http://docs.dos.ny.gov/info/register/2016/aug10/pdf/rulemaking.pdf (p.21).

Energy (generally)

Texas: Agriculture

The Department of Agriculture proposes changes to 4 Tex. Admin. Code §§27.801-27.804 for the creation of citrus pest management zones. Written comments will be accepted until September 4, 2016. See http://www.sos.state.tx.us/texreg/pdf/backview/0805/0805is.pdf (pp. 5666-67).

Agriculture

Texas: Environmental Law and Policy/Governance

The Texas Water Development Board proposes amendments to 31 Tex. Admin. Code §357, concerning regional water planning. Public hearings on various section proposals will be held on August 15 and August 24, 2016. Written comments will be accepted until September 4 and September 5, 2016. See http://www.sos.state.tx.us/texreg/pdf/backview/0805/0805is.pdf (pp. 5685-709).

Environmental Law and Policy/Governance

Texas: Environmental Law and Policy/Governance

The Public Utility Commission of Texas proposes amendments to 16 Tex. Admin. Code §24, concerning water and sewer service providers. Written comment will be accepted until September 5, 2016. Request for a public hearing will be accepted until September 6, 2016. See http://www.sos.state.tx.us/texreg/pdf/backview/0805/0805is.pdf (pp. 5667-85).

Environmental Law and Policy/Governance