Jump to Navigation
Jump to Content

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 27

Alaska: Natural Resources

The Department of Natural Resources will be holding several public hearings regarding a natural gas pipeline proposal. The 14-inch diameter Donlin Gold Natural Gas Pipeline would carry natural gas to the Donlin Gold mine from the Beluga Natural Gas Pipeline system. The hearings will take place on October 13, 14, 15, and 16, 2014, and January 21, 2015. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=173975.

Natural Resources

Arizona: Resource Conservation and Recovery Act (RCRA)

The Department of Environmental Quality proposed amendments to 18 Ariz. Admin. Code 8-260 through -266, -268, -270, -271, and -273, pertaining to hazardous waste management. The proposed updates reflect changes to federal regulations that implement RCRA Subtitle C and make technical corrections mandated by EPA and initiated by the Alaska Department of Environmental Quality. A hearing will be held on October 15, 2014, and the deadline for comment is October 20, 2014.

Resource Conservation and Recovery Act (RCRA)

California: Air quality

The Air Resources Board will be holding a public hearing regarding proposed amendments to 13 Cal. Code of Regs. §§ 1962.1-1962.2, the California Zero Emission Vehicle regulation. Changes pertain to exhaust emission standards and test procedures. The item will be heard at a public meeting beginning on October 23, 2014, with possible continuation October 24, 2014. The specific time of the hearing will be listed in the meeting agenda, available at least 10 days prior to the meeting. Comments are due October 20, 2014.

Air quality

California: Air quality

The Air Resources Board will be holding a public hearing regarding proposed amendments to 13 Cal. Code of Regs. §§ 1900, 1956.8, 1961.2, 1962.2, 1965, 1976, and 1978, pertaining to the Low Emission Vehicle criteria pollutant emissions requirements for light- and medium-duty vehicles, as well as for hybrid electric vehicle test procedures. Additional amendments would address modifications to the non-methane organic gas test procedures, heavy-duty Otto-cycle test procedures, heavy-duty diesel test procedures, and Environmental Performance Label specifications.

Air quality

California: Hazardous Substances

The Office of Environmental Health Hazard Assessment proposed additional amendments to 27 Cal. Code of Regulations §25904, following a public hearing on March 21, 2014, and an initial comment period that ended April 4, 2014. The changes will remove language that specified the requirement that a chemical no longer eligible for being listed must remain on the list awaiting committee review. The new deadline for comment is September 29, 2014.

Hazardous Substances

California: Transportation

The California Highway Patrol proposed amendments to 13 Cal. Code of Regs. Div. 2, Ch. 6, Article 2.7, §1159, pertaining to “Routes for the Through Transportation of Highway Route Controlled Quantity Shipments of Radioactive Materials.” Changes would update existing routes to ensure clarification and consistency between narrative listings and route maps in order to improve public and environmental safety. The deadline for comment is October 20, 2014.

Transportation

Colorado: Hazardous Substances

The Department of Public Health and Environment proposed updates to 6 Col. Code of Regs. 1014-3, “Cleanup of Methamphetamine Laboratories.” The revisions include establishing cleanup standards, promulgating testing and contamination evaluating procedures, and establishing fees and rules for a training and certification program for those involved in the assessment and decontamination process for the labs. A hearing will be held October 15, 2014.

Hazardous Substances

Colorado: Hazardous Substances

The Department of Public Health and Environment proposed updates to 5 Col. Code of Regs. 1005-1, Environmental Laboratory Certification. Changes would update the statutory references, clarify the laboratory certification process, and ensure consistency between referenced laboratory and compliance standards. A hearing will be held on October 15, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=09/10/2014 (pp. 167-77).

Hazardous Substances

Colorado: Quality

The Department of Public Health and Environment’s Water Quality Control Commission adopted permanent rules 5 Col. Code of Regs.

Quality

Colorado: Solid

The Department of Public Health and Environment’s Hazardous Materials and Waste Management Division adopted permanent rules 6 Col. Code of Regs. 1007-2 regarding solid waste disposal sites and facilities. The rule becomes effective September 30, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=09/10/2014 (pp. 839-91).

Solid

Colorado: State implementation plans (SIPs)

The Air Quality Control Commission proposed amendments to 5 Col. Code of Regs. 1001-5, Stationary Source Permitting and Air Pollutant Emission Notice Requirements. The revisions pertain to Regulation 3, Part F, which contains the Regional Haze Best Available Retrofit Technology determinations adopted as part of Colorado’s SIP, approved by the EPA. Changes would strengthen the nitrogen oxide emission limit and set the compliance date for Craig Station Unit 1, in addition to correcting grammatical and formatting errors.

State implementation plans (SIPs)

District of Columbia: Sustainability

The Public Service Commission of the District of Columbia proposed amendments to 15 DC Official Code Ch. 9 §§ 900, 906, 999, as well as the addition of §§907-910, pertaining to Net Energy Metering. Changes update Chapter 9 to comply with the “Community Renewable Energy Amendment Act of 2013.” The deadline for comment is October 12, 2014.

Sustainability

Florida: Water

The Department of Water Management Districts withdrew proposed amendments to Rules 40D-3.037, -3.507, and -3.517 of the Fla. Admin. Code, proposed in September 2012 to ensure consistency between rules of the Southwest Florida Water Management District and those of the Florida Department of Environmental Protection. See http://www.flrules.org/gateway/ruleno.asp?id=40D-3.037&PDate=9/15/2014&Section=3.

Water

Georgia: Irrigation

The Department of Natural Resources proposed amendments to the Rules for Flint River Drought Protection, Chapter 391-3-28. The changes would ensure consistency with the 2014 amendments to the Flint River Drought Protection Act, address various provisions of the rules, including severe drought and irrigation reduction auction, and add two new rules pertaining to irrigation efficiency requirements and management of augmented flows during the operation of state funded augmentation projects. A public hearing will be held September 23, 2014, and the deadline for comment is September 29, 2014.

Irrigation

Illinois: Hazardous Substances

The Pollution Control Board adopted amendments to 35 Ill. Admin. Code 186, Accreditation of Environmental Laboratories. To maintain its status as a National Environmental Laboratory Accreditation Program (NELAP) accrediting body, the Illinois Environmental Protection Agency had to adopt the 2009 TNI Standard, which replaced the 2003 NELAP Standard. The amendments update the incorporation by reference and outline the laboratory accreditation application process.

Hazardous Substances

Illinois: Mining

The Department of Natural Resources adopted amendments to 62 Ill. Admin. Code 140.30, The Coal Mining Act. Amendments. Changes largely address updates to language, and updates to ensure the rules are consistent with current American Society for Testing and Materials standards. See http://www.cyberdriveillinois.com/departments/index/register/register_volume38_issue37.pdf (pp. 18711-18716).

Mining

Illinois: Natural Resources

The Department of Natural Resources adopted amendments to 62 Ill. Admin. Code 240, the Ill. Oil and Gas Act. The updates would incorporate language regarding a filing fee for petitions for hearings, adjust fees relating to permits, transfers, and annual wells, and eliminate language relating to transfers that involve over 50 wells. See http://www.cyberdriveillinois.com/departments/index/register/register_volume38_issue37.pdf (pp. 18717).

Natural Resources

Illinois: Solid

The Pollution Control Board proposed amendments to 35 Ill. Admin. Code 810 and 814, pertaining to Solid Waste Disposal, and Standards for Existing Landfills and Units, respectively. The amendments, which are interrelated, would be incorporated to reflect amendments adopted by EPA. See http://www.cyberdriveillinois.com/departments/index/register/register_volume38_issue37.pdf (p. 18608).

Solid

Indiana: State implementation plans (SIPs)

The Air Pollution Control Division will hold a public hearing to receive comments from the public on amendments to 326 Ind. Code 7, pertaining to draft rule language for the Indiana SIP that incorporates the new 1-hour sulfur dioxide NAAQS. The hearing will take place on January 14, 2015. See http://www.in.gov/legislative/iac/20140910-IR-326110356PHA.xml.pdf.

State implementation plans (SIPs)

Kansas: Quality

The Department of Health and Environment, Division of Environment, Bureau of Water, will hold a public hearing Thursday, November 20 to receive comments regarding proposed amendments to Kan. Admin. Rules 28 28-16-28b, 28-16-28c, 28-16-28d, 28-16-28e, 28-16-28f, and 28-16-58, pertaining to surface water quality standards. The revisions would update and incorporate new definitions, add paragraph and subsection titles for clarity, and ensure consistent regulatory style.

Quality

Kentucky: Infrastructure

The Energy and Environment Cabinet amended 807 Ky. Admin. Regs. 5:001, “Rules of procedure;” 5:011, “Tariffs;” 5:068, “Purchased water adjustment for water districts and water associations;” 5:069, “Filing requirements and procedures for federally funded construction project of a water association, a water district, or a combined water, gas, or sewer district;” 5:075, “Treated sewage adjustment for water districts and water associations;” and 5:076, “Alternative rate adjustment procedure for small utilities.” Changes largely remove superfluous sections and incorporate new language.

Infrastructure

Kentucky: Property rights

The Energy and Environment Cabinet, Department for Natural Resources proposed amendments to 405 Ky. Admin. Regs. 8:030, Surface coal mining coal permits, and 8:040E, Underground coal mining permits. Updates provide clarity with regard to co-tenancy on severed estates and make changes to section 4, Right of Entry and Right to Surface Mine. A public hearing will be held on September 30, 2014. Comments are due on the same date.

Property rights

Maine: Agriculture

The Department of Agriculture, Conservation and Forestry adopted amendments to 01-001 Me. Code Regs. Ch. 33, pertaining to the Agricultural Development Grant Program. The changes include updates to the participation criteria and to how the grant program is administered, and provide flexibility in the match amount required to get a grant. The rule will become effect October 4, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/091014.html.

Agriculture

Missouri: Clean Air Act (CAA)

The Department of Natural Resources proposed amendments to 10 Mo. Code of State Regs. 10-6.110, Reporting Emission Data, Emission Fees, and Process Information. Updates to subsection (3)(A) will change the structure of air emission fees, charging 48 instead of 40 dollars per ton of air pollution for permitted sources, and allowing the Air Pollution Control Program to remain the implementing agency of the Clean Air Act. A hearing will be held October 30, 201, and the deadline for comment is November 6, 2014.

Clean Air Act (CAA)

Montana: Waste

The Department of Environmental Quality adopted amendments to 17 Mont. Admin. Rules 36.101-104, -106, -110, -116, -310, -312, -328, 330-336, -340, -605, -802, and -804, and New Rules I and II. The changes pertain to subdivisions and onsite subsurface wastewater treatment, specifically applications and review, waivers and exclusions, review fees, and wastewater treatment systems. See http://sos.mt.gov/arm/Register/archives/MAR2014/MAR14-18.pdf (pp. 2098-2119).

Waste

Nevada: Hazardous Substances

The State Environmental Commission proposed an amendment to Nev. Admin. Code R038-13, Revision of Provisions Governing the Regulation of Facilities for the Management of Hazardous Waste. Changes update fee structure for facilities that treat, store, or dispose of hazardous waste, and clarify the applicability of annual permit fees for specific facilities. A hearing will be held October 8, 2014. See http://www.leg.state.nv.us/register/2014Register/R102-14N.pdf.

Hazardous Substances

Nevada: Solid

The State Environmental Commission proposed amendments to Nev. Admin. Code R037-13, pertaining to the relationship between the Bureau of Waste Management Solid Waste Branch and Tire fees. The new rule establishes a schedule of permit fees to support the Solid Waste Branch. A hearing will be held October 8, 2014. See http://www.leg.state.nv.us/register/2014Register/R102-14N.pdf.

Solid

Nevada: Water

The State Environmental Commission proposed an amendment to Nev. Admin. Code R099-14, related to the Drinking Water State Revolving Funds. Changes to the regulation would incorporate updates to language, generally streamline and clarify the regulation, better outline project types, and encourage sustainability via a point system. A hearing will be held October 8, 2014. See http://www.leg.state.nv.us/register/2014Register/R102-14N.pdf.

Water

Ohio: Air quality

The Division of Air Pollution Control proposed amendments to Ohio Admin. Code chapter 3745-25, “Emergency Episodes and Ambient Air Quality.” Amendments to the chapter, which establishes the ambient air quality and emergency episode standards, were updated after a five-year review. A public hearing will be held October 21, 2014, and the deadline for comment is October 21, 2014. See http://epa.ohio.gov/Portals/27/regs/3745-25/3745-25_PN_Prop.pdf.

Air quality

Ohio: Solid

The Ohio Environmental Protection Agency proposed amendments to Ohio Admin. Code 3745-27-52 and -78 through -79, pertaining to solid waste incinerator and scrap tire rules. Specific changes pertain to the beneficial use of tire scraps, operation of solid waste incinerator or solid waste energy recovery facilities, and soil, surface water, and ground water contamination characterization and remediation caused by scrap tire burning. A public hearing will be held October 20, 2014 and the deadline for comment is October 20, 2014.

Solid

Ohio: Wildlife

The Department of Natural Resources, Division of Wildlife will be holding a public hearing on September 18, 2014, to review and receive comments on various amendments to the Ohio Admin. Code regarding taking possession, management, and protection of wild and captive animals. See http://www.registerofohio.state.oh.us/pdfs/phn/1501$31_NO_234639_20140818_0826.pdf.

Wildlife

Oklahoma: Greenhouse gases

The Department of Environmental Quality proposed to update Okla. Admin. Code 252:100, pertaining to Air Pollution Control. Changes would be added to Appendix Q, Incorporation by Reference, to include the more recent updates to EPA regulations, specifically addressing facilities at Kraft pulp mills and Global Warming Potentials used in determining CO2 equivalent emissions for GHG regulations. A hearing will be held Wednesday, October 15, 2014, and the deadline for comment is October 15, 2014. See http://www.deq.state.ok.us/aqdnew/council_mtgs/oct14/2014_OCT_Notice.pdf.

Greenhouse gases

Rhode Island: Fisheries

The Department of Environmental Management, Division of Fish and Wildlife, Marine Fisheries proposed to repeal and institute new Finfish, Shellfish, Crustacean Management Plans for 2015, as well as amendments to the RI Marine Fisheries regulations, and Commercial and Recreational Saltwater Fishing Licensing Regulations. A hearing will be held September 30, 2014, and the deadline for comment is 12:00 noon of the same day. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn093014.htm.

Fisheries

South Carolina: State implementation plans (SIPs)

The Department of Health and Environmental Control gave final notice of its amendment to the S.C. SIP. The changes were enacted to incorporate the Rock Hill Fort Mill Area Transportation Study Metropolitan Planning Organization 8-hour ozone nonattainment area for the 2008 NAAQS. See http://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=sr38-8.pdf.

State implementation plans (SIPs)

Utah: Quality

The Department of Environmental Quality, Division of Water Quality changed a proposed rule, Utah Admin. Code §R317-1-3(3.3), pertaining to requirements to waste discharges. The modifications address public concerns following the comment period, regarding the efficacy and reality of implementation of Technology-Based Phosphorous Effluent Limits, exceptions to the rule, and water quality monitoring requirements. The second comment period ends October 15, 2014, and the rule is predicted to become effective on October 22, 2014.

Quality

Virginia: Infrastructure

The State Corporation Commission proposed amendments to 20 Va. Admin. Code 5-318, Water and Wastewater Infrastructure Service Charge, adding §§10 and 20. The changes would incorporate rules allowing Va. water and wastewater utilities to recover the costs of updating aging infrastructure by applying for commission approval of a water and wastewater infrastructure service charge. The rule would prioritize highest risk facilities by accelerating their applications. The deadline for comment is November 7, 2014.

Infrastructure

Washington: Sustainability

The Utilities and Transportation Commission proposed amendments to Wash. Rev. Code §19.285, pertaining to electric companies’ acquisition of minimum quantities of conservation and renewable energy. The changes update public advisory requirements, as well as the protocol that investor owned utilities are required to follow to meet statutory requirements. A public hearing will be held November 5, 2014, and the deadline for comment is October 6, 2014.

Sustainability

Washington: Toxic Substances

The Department of Ecology repealed Wash. Admin. Code §173-322, adopting §173-322A, Remedial action grants and loans, in its place. The new chapter incorporates updates to the Model Toxics Control Act, Wash. Rev. Code §70.105D, which were passed in 2013 to establish new funding priorities and changes to the program largely pertaining to grant agreements, cash management, and reimbursements. See http://apps.leg.wa.gov/documents/laws/wsr/2014/18/14-18PERM.pdf.

Toxic Substances

Wisconsin: Natural Resources

The Department of Natural Resources proposed amendments to Wis. Admin. Code NR §150, as presented in Emergency Board Order OE-10-14(E), which discusses environmental analysis protocol under EPA. The rule was instated to incorporate clarified procedures for review and analysis of new rules, ensuring that the proposed updated chapter achieves its intended purpose and passes without delay or complications. The deadline for comment is October 13, 2014, and a public hearing will be held September 26, 2014.

Natural Resources

Wisconsin: Sustainability

The Public Service Commission (PSC) proposed amendments to Wis. Admin. Code PSC §§112, 133, and 184, pertaining to proposed utility projects and displacement facilities. The changes would ensure that the rules are consistent with the Wisconsin Statutes, to which changes were adopted in 2011 and 2013, pertaining to cost thresholds for proposed utility projects, and displacement percentages that apply in renewable energy situations.  A public hearing will be held September 30, 2014, and the deadline for comment is October 14, 2014.

Sustainability