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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 4

California: Water

California’s Office of Environmental Health Hazard Assessment is proposing to add abiraterone acetate to the list of chemicals known to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act (Proposition 65). Written comments will be accepted until 5 pm on February 29, 2016. No public hearing is scheduled. See http://www.oal.ca.gov/res/docs/pdf/notice/05z-2016.pdf (pp. 150-53). 


California: Water

The California Water Commission seeks public input on the adoption of regulations regarding the Water Storage Investment Program, Cal. Code Regs. tit. 23, §1. The adoptions would allow the state to invest funds in water storage. A public hearing will be held on March 16, 2016. Written comments will be accepted until 5 pm on March 14, 2016. See http://www.oal.ca.gov/res/docs/pdf/notice/05z-2016.pdf (pp. 144-50).


Colorado: Hazardous Substances

The Colorado Department of Public Health and Environment is proposing to amend 6 Colo. Code Regs. §1007-3. The revisions would require hazardous waste generators and others engaged in activities that result in a spill or discharge of characteristic or listed hazardous waste to notify the Hazardous Materials and Waste Management Division of such spill or discharge, would clarify that "corrective action plans" are suitable substitutes for RCRA permits, and would prohibit "sham recycling," among many other changes.

Hazardous Substances

District of Columbia: Water

The D.C. Department of Energy and the Environment (DOEE) is proposing amendments to D.C. Mun. Regs. tit. 21, §§58-59, that seek to align DOEE’s administrative enrollment process with the D.C. Water and Sewer Authority's (D.C. Water's) existing billing practices by commencing a discount when D.C. Water posts it to the customer's account; provides a greater discount for green infrastructure that receives runoff from compacted cover; and allows greater flexibility in calculating discounts for rainwater harvesting practices. Written comments will be accepted until February 28, 2016.


District of Columbia: Water

The D.C. Water and Sewer Authority proposes to amend D.C. Mun. Regs. tit. 21, §§112 and 199, to revise definitions and establish a system availability fee. Written comments will be accepted until February 21, 2016. See http://www.dcregs.dc.gov/Gateway/NoticeHome.aspx?noticeid=5823897.  


Illinois: Mining

The Illinois Department of Natural Resources proposes to amend 62 Ill. Admin. Code tit. 62, §240, in order to align the Oil and Gas Act with current department policies. The changes would amend definitions, establish a formal system of Departmental notice to the public, and identify penalties for the falsification or misstatement of information, among many other changes.


Minnesota: Quality

The Minnesota Pollution Control Agency proposes to amend Minn. R. 7001, 7050, and 7052 regarding the quality of surface waters, permits, and certification. The changes would replace non-degradation rules with anti-degradation rules and would amend related permitting and certification. Public hearings will be held on March 31, 2016, in three locations. Written statements will be accepted until March 31, 2016. See http://www.comm.media.state.mn.us/bookstore/stateregister/40_31.pdf (pp. 901-922).


Nevada: Wildlife

The Nevada Board of Wildlife Commissioners proposes amendments to Nev. Admin. Code §502 relating to artificial industrial ponds. The amendments, which are intended to protect wildlife from commercial and industrial facilities that develop, operate, or maintain man-made bodies of water, would revise applicable permit regulations, add new fees, and add new definitions. See http://www.leg.state.nv.us/register/2016Register/R014-16I.pdf


New Hampshire: Air

    The New Hampshire Department of Environmental Services seeks to readopt and amend N.H. Code Admin. R. ENV-A 3300-3007, concerning operating and performance standards for existing municipal waste combustion units with a capacity to combust more than 35 tons of solid waste per day. The amendments are intended to accommodate anticipated changes for small municipal waste combustion units and to clarify existing rules. A public hearing will be held on March 11, 2016. Written comments will be accepted until 4 pm on March 11, 2016.


Oregon: Water

The Oregon Water Resources Department proposes to amend Or. Admin. R. ch. 690-079 regarding the procedures for reserving and storing water for future economic development needs. The amendments would clarify information requirements and process requests for extensions. Public hearings will be held on February 25, 2016 and March 1, 2016. Written comments will be accepted until 5 pm on March 4, 2016. See http://arcweb.sos.state.or.us/doc/rules/bulletin/February2016_Bulletin.pdf (pp.


Pennsylvania: Climate Change

The Pennsylvania Department of Environmental Protection seeks public input on the next iteration of its Climate Change Action Plan. The plan addresses greenhouse gas (GHG) emissions and sequestration trends, evaluates cost-effective strategies for reducing or offsetting GHG emissions, and identifies costs and benefits of the strategies recommended by the plan. Written comments will be accepted until March 30, 2016. See http://www.pabulletin.com/secure/data/vol46/46-5/160.html

Climate Change

Vermont: Energy

The Vermont Public Service Board proposes changes to Board Rule 4.100 on small power production and cogeneration. The changes would require electric utilities to offer to purchase electricity from certain small renewable and cogeneration power plants at an equitable rate. A public hearing will be held on February 29, 2016. See https://secure.vermont.gov/SOS/rules/index.php


Vermont: Water

The Vermont Agency of Natural Resources proposes changes to the combined sewer overflow rule. The changes would clarify technology- and water quality-based requirements for applicable combined sewer overflows (CSOs) and outline the permits, tools, and processes the Agency will use to bring CSOs into compliance. A public hearing will be held on March 24, 2016. See https://secure.vermont.gov/SOS/rules/index.php