Current State Update
Volume 46, Issue 29
The Department of Public Health and Environment, Air Quality Control Commission, proposes rulemaking for COLO. CODE REGS. §5-1001-5, Stationary Source Permitting and Air Pollutant Emission Notice Requirements. Proposed revisions intend to fully replace previously adopted SIP chapters. Revisions involve Regional Haze Best Available Retrofit Technology, specifically tri-state generation, reasonable progress, and technical support. A public hearing will be held on December 15, 2016.
The Department of Public Health and Environment, Water Quality Control Commission, proposed rulemaking for COLO. CODE REGS. §5-1002-42, Site-Specific Water Quality Classifications and Standards for Ground Water. Revisions involve updated existing maps with GIS versions. A public hearing will be held on January 9, 2017. Written comments will be accepted until December 14, 2016. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2016-00469.pdf.
The Department of Public Health and Environment, Water Quality Control Commission, proposed rulemaking for COLO. CODE REGS. §5-1002-31, Basic Standards and Methodologies for Surface Water. Revisions are to remove the water and fish ingestion standards for certain parameters that were adopted in error in May 2016. A public hearing will be held on January 9, 2017. Written comments will be accepted until December 14, 2016. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAtt....
The Department of Public Health and Environment, Hazardous Materials and Waste Management Division, proposed rulemaking to COLO. CODE REGS. §6-1007-2, Solid Waste Disposal Sites and Facilities. Proposed amendments involve documentation for all waste tires generated and the disposition of waste tires and changes in reporting frequency requirements for persons who aggregate monthly waste tire fees for multiple stores. A public hearing will be held on November 15, 2016.
The Environmental Protection Commission proposed to amend IOWA ADMIN. CODE r. 2757, Ch. 61, Water Quality Standards. The proposed amendments intend to create flexibility for wastewater discharges by adding the option to use the Biotic Ligand Model for determining water quality criteria for copper. The amendments would also add the option to use the Water-Effect Ratio to adjust water quality criteria for copper. These options could potentially reduce costs for permit holders unable to comply with existing criteria for copper. Public hearings will be held on November 1, 2, and 3, 2016.
The Department of Environmental Protection proposes rulemaking to ME. CODE R. §889, Designation of Two Flame Retardants as Priority Chemicals. The proposal would categorize decabromodiphenol ether (deca BDE) or hexabromocylododecane (HBCD), chemicals used as flame retardants, as "chemicals of high concern" priority status. As a priority chemical, manufacturers would have to report use of deca BDE and HBCD above de minimis levels. A public hearing will be held on November 1, 2016. Public comments will be accepted until 5:00 pm on November 14, 2016.
The Department of Environmental Quality proposed amendments to 119 NEB. ADMIN CODE, Rules and Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination Systems. Proposed amendments would adopt federal requirements for pretreatment, construction stormwater, cooling water intact structures, and various permit application requirements and conditions. A public hearing will be held on November 15, 2016.
The Department of Environment and Conservation will conduct a public hearing to solicit comments from the public regarding any appropriate revisions to TENN. COMP. R. & REGS. 0400-40, Tennessee's water quality standards for 2017. Potential revisions could apply to the Stream-use Classifications for Surface Water, General Water Quality Criteria, and the Antigeneration Statement. The hearing will be held on December 15, 2016. See http://share.tn.gov/sos/rules_filings/10-05-16.pdf.
The Commission on Environmental Quality proposes to amend 30 TEX. ADMIN. CODE §§115.112, 115.114, 115.118, and 115.119, Storage of Volatile Organic Compounds. Proposed amendments reflect new compliance schedules, require the aggregate of all storage tanks to control flashed gases using a vapor control system, and other revisions. A public hearing will be held on October 24, 2016. Written comment will be accepted until October 24, 2016.
The Department of Fish and Wildlife proposed amendments to WASH. ADMIN. CODE §§232-12-011 and 232-12-014, wildlife classified as protected and endangered. The proposal would remove bald eagles and peregrine falcons from the state's sensitive species subcategory, reclassify the American white pelican from endangered to threatened, and reclassify the North American lynx and marbled murrelet from threatened to endangered. Hearings will be held on November 4 and 5, 2016.
The Department of Fish and Wildlife proposed amendments to WASH. ADMIN. CODE §220, recreational fishing rules, to meet conservation objectives and provide fishing opportunities compatible with the conservation objectives. Proposed amendments include changes to marine recreational fishing regulations and technical changes to clarify, correct, and update language. Hearings will be held on November 4 and 5, 2016. See http://lawfilesext.leg.wa.gov/law/wsr/2016/19/16-19-059.htm.