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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 26

Alabama: Wildlife

The Department of Conservation and Natural Resources proposed to amend Ala. Admin. Code 220-2.22, Wildlife Management Areas and Sanctuaries Established. The amendment would remove the Wolf Creek Community Hunting Area from wildlife management areas. The deadline for comment is October 6, 2014. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-AUG-14/220-2-.22.pdf.

Wildlife

Alaska: Fisheries

The Department of Fish and Game amended 5 Ala. Admin. Code 07.365(d)(2), pertaining to subsistence salmon fishing regulations, in response to an emergency regulations change regarding weak king salmon returns. Changes address the authority of the commissioner of fish and game to close and reopen the fishing season with gear specifications regarding gillnets and mesh.

Fisheries

Alaska: Natural Resources

The Department of Environmental Conservation adopted updates to 18 Ala. Admin. Code 75.215, 225, 235, 240, 300, 413, 425, 443, 456, 459-460, 475, 521-523, 551-53, 561, and 990, which detail oil spill response planning regulations. Changes add the use of modern communications technologies such as electronic mail to response procedures, repeal outdated sections, and ensure consistency between related sections. The amendments took effect September 4, 2014.

Natural Resources

Arizona: Air quality

The Ariz. Department of Environmental Quality proposed amendments to R18-1-733, -733.01, and -734, also known as the Ariz. Mercury Rule, relating to state standards for mercury emissions from coal-fired electric utility steam generating units. The changes will terminate sections of the Mercury Rule that reflect the defunct cap-and-trade program, and update limits on emissions to correspond with current maximum achievable control technology standards. The deadline for comment is 5:00 p.m. October 20, 2014.

Air quality

Arizona: Quality

The Department of Environmental Quality (ADEQ) proposed an amendment to the delegation agreement with Pima County regarding water quality management. The proposed changes grant Pima County authority over water quality issues pertaining to the town of Marana and clarify the deadline for review and approval of licenses for the construction and completion of the County’s new private facility. ADEQ will hold a public hearing in the case of sufficient public interest. The comment period ends at 5:00 p.m. on October 5, 2014.

Quality

Arizona: Wildlife

The Arizona Game and Fish Department proposed amendments to R12-4-401 through -428 and -430, pertaining to live wildlife. Changes would adopt amendments developed during the Five-year Review, which further the rules’ goals to protect wildlife by preventing the spread of disease, reducing competition, and discouraging illegal trade. Changes would also ensure consistency in style and format across the laws. See http://www.azsos.gov/public_services/Register/2014/35/proposed.pdf.

Wildlife

Arkansas: Waste

The Faulkner County Solid Waste Management District amended Faulkner County Solid Waste Management District – Rules and Regulations (2013). Changes took effect September 5, 2014. See http://www.sos.arkansas.gov/rulesRegs/Arkansas%20Register/2014/aug14/0814Register.pdf.

Waste

Arkansas: Water

The Natural Resources Commission amended Title 17, Rules Governing Public Water Authorities. Changes took effect September 7, 2014. See http://www.sos.arkansas.gov/rulesRegs/Arkansas%20Register/2014/aug14/0814Register.pdf.

Water

California: Sustainability

The California Energy Commission proposed to adopt 20 Cal. Code Regs. §1609, regarding appliance efficiency. The new regulation establishes an administrative process to enforce Appliance Efficiency Regulations established by 20 Cal. Code Regs. §1601-1608. A public hearing will be held on October 20, 2014, and the deadline for comment is 5:00 p.m. on October 20, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/35z-2014.pdf (pp. 1522-26).

Sustainability

California: Sustainability

The California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) proposed to adopt Title 4, Division 13, Article 4, of the Cal. Code Regs. §§ 10080-87, pertaining to the PACE Loss Reserve Program. The regulations enable CAEATFA to provide assistance to PACE programs that finance renewable energy retrofit and energy efficiency projects. A public hearing will be held on October 14, 2014, and the deadline for comment is October 14, 2014.

Sustainability

Delaware: Water

The Department of Natural Resources and Environmental Control proposed a revision to 7 Del. Admin. Code 5101, Sediment and Stormwater Regulations. Changes clarify information regarding the documents to be referenced for complying with regulations. A public hearing will be held on Thursday, September 25, 2014, at 6:00 p.m., and the deadline for comment is October 10, 2014. See http://regulations.delaware.gov/documents/September2014c.pdf (pp. 204-208).

Water

Idaho: Ground water

The Department of Water Resources has initiated rulemaking procedures for 37.03.03.010.49, regarding Rules and Minimum Standards for the Construction and Use of Injection Wells. The rule revision will ensure consistency between 37.03.03 and Section 42-3902(10), Idaho Code as it pertains to the definition of an “injection well.” The deadline for requesting a public hearing is September 17, 2014, and the deadline for comment is September 24, 2014.

Ground water

Idaho: Natural Resources

The Department of Lands proposed amendments to Idaho Admin. r. 20.07.02, pertaining to the conservation of oil and natural gas. The proposal would add new sections to address the disclosure of chemicals used in well treatments, well site operations, and gas-oil ratio for well classification. Definitions would also be updated and abbreviations added. A public hearing will be held, and comments are due, on September 24, 2014. See http://adminrules.idaho.gov/bulletin/2014/09.pdf (pp. 292-338).

Natural Resources

Idaho: Quality

The Department of Environmental Quality (DEQ) proposed an update to 58.01.02, Water Quality Standards. The rule would incorporate the use of modern tools and lessons learned in the Mixing Zone Policy, and provide greater clarity for the DEQ and members of the regulated community. The deadline for comment is October 3, 2014. See http://adminrules.idaho.gov/bulletin/2014/09.pdf#page=359.

Quality

Idaho: State implementation plans (SIPs)

The Department of Environmental Quality proposed two amendments to 58.01.01, Rules for the Control of Air Pollution in Idaho. The first acknowledges feedback from EPA regarding rules to be approved for Idaho’s SIP (facility emissions cap, sulfur in fuels, and nonmetallic mineral processing), adds references to fine particulate matter to reflect federal requirements, and updates language. The second outlines fugitive dust rules as they pertain to agricultural activities. A public hearing will be held October 7, 2014, and the deadline for comment is the same day.

State implementation plans (SIPs)

Indiana: Air

The Air Pollution Control Division amended 326 Ind. Admin. Code §2-2-1 and §2-7-1. Changes pertain to global warning potentials referenced by EPA in the Greenhouse Gas Tailoring Rule requirements for prevention of significant deterioration and Title V air operating permit program. See http://www.in.gov/legislative/iac/20140827-IR-326140056FRA.xml.html.

Air

Maine: Environmental Law and Policy/Governance

The Department of Agriculture, Conservation & Forestry is updating the rules that govern 01-001 Me. Code Regs. Ch. 360, The Returnable Beverage Container Law. Sections relevant to licensing, inspection, fees and count verification processes will be clarified and updated. A public hearing will be held at 10 a.m. on September 17, 2014, and the deadline for comment is 5 p.m. on October 17, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/082714.html.

Environmental Law and Policy/Governance

Maine: Land Use

The Department of Environmental Protection proposed amendments to the 06-096 Me. Code Regs. Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances. Changes will lend greater flexibility to the rule while still ensuring shoreland protections, and incorporate specific statutory changes by the 126 Maine Legislature. A public hearing will be held at 1 p.m. on September 16, 2014, and the deadline for comment is 5 p.m. on September 26, 2014.

Land Use

Maryland: Hazardous Substances

The Department of the Environment adopted amendments to Md. Code Regs. 26.12.01, Radiation Protection. The amendments, adopted as initially proposed June 13, 2014, update regulations to address U.S. Nuclear Regulatory Commission rules, radioactive materials licensing, requirements for thyroid shielding, and requirements pertaining to veterinarians’ use of hand-held radiation machines. The amendments will take effect September 15, 2014. See http://www.dsd.state.md.us/mdregister/4118.pdf.

Hazardous Substances

Maryland: Waste

The Department of the Environment adopted amendments to Md. Code Regs. 26.12.03, State Radiation Control Fund. The amendments, adopted as initially proposed May 30, 2014, cap any annual increase in license fees for certain categories of radioactive material. The amendments will take effect January 1, 2015. See http://www.dsd.state.md.us/mdregister/4117.pdf (p. 971).

Waste

Minnesota: Quality

The Minnesota Pollution Control Agency proposed and seeks comments on site-specific water quality standards for Sauk River Chain of Lakes in Stearns County. The deadline for comment is October 9, 2014. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_10.pdf (p.324).

Quality

Missouri: Hazardous Substances

The Department of Natural Resources proposed an amendment to Mo. Code Regs. tit. 10, §100.5.010, Claims for Cleanup Costs. The changes would clarify cost estimates, deadlines for requesting reimbursements post-cleanup, and rule language, and include updates as specified by the Hazardous Waste Management Commission pertaining to tank site clean-up. The deadline for comment is October 17, 2014. See http://www.sos.mo.gov/adrules/moreg/current/v39n17/v39n17b.pdf.

Hazardous Substances

Missouri: Natural Resources

The Department of Natural Resources proposed an amendment to Mo. Code Regs. tit. 10, §100.6.010, Underground Storage Tank Operator Training. The amendment requires that operators demonstrate that they have been trained in the proper operation of the tank systems. The deadline for comment is October 17, 2014. See http://www.sos.mo.gov/adrules/moreg/current/v39n17/v39n17b.pdf.

Natural Resources

Montana: Water

The Department of Environmental Quality has amended Mont. Admin. Rules 17.55.109. Changes incorporate comments regarding the previously proposed amendment to update the reference document for regional screening levels for water contaminants. See http://sos.mt.gov/arm/Register/archives/MAR2014/MAR14-17.pdf (p. 2003).

Water

Nebraska: Hazardous Substances

The Department of Environmental Quality amended Neb. Admin. tit. 128 §001-001, 007, 010, 020, and Appendix I. Changes incorporate EPA’s conditional exclusions for solvent-contaminated wipes and removed the hazardous waste code U202 for Saccharin & Saccharin Salts. A hearing will be held at 9:00a.m. on October 16, 2014. See http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001432.

Hazardous Substances

Nebraska: Quality

The Department of Environmental Quality proposed amendments to Neb. Admin. Code tit. 117 §004-007. The amendments would institute updated regulations, as well as new water quality criteria pertaining to pollutants in wetlands and surface waters. A hearing will be held October 16, 2014. See http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001431.

Quality

Nevada: Water

The State Environmental Commission proposed to revise Nev. Admin. Code, pertaining to the Upper Humboldt Class Waters. Revisions will add numeric criteria for nitrate, nitrate, total suspended solids, turbidity, color, chloride, sulfate, and alkalinity, according to EPA guidance. See http://www.leg.state.nv.us/register/2014Register/R099-14N.pdf.

Water

New Hampshire: Governance

The Department of Environmental Services will readopt Environmental Code 601, Administrative Fine Procedures, following the expiration of the rule on October 28, 2014. Changes expand the procedures for violation fines and renumbers them 601-605. A public hearing will be held Friday, October 17, 2014 at 11:00a.m., and the deadline for comment is 4:00p.m. Wednesday, October 29, 2014. See http://www.gencourt.state.nh.us/rules/register/2014/september-11-14.pdf.

Governance

New Hampshire: Watershed Protection

The Department of Environmental Services has proposed revisions the Env-Wq 1300, pertaining to the New Hampshire Clean Lakes Program. The changes incorporate comments regarding the previously proposed amendment, and update the list of prohibited species, detail application procedures for research grants and grants to control and prevent infestations. A public hearing will be held Friday, September 19, 2014 and the period for comment closes Tuesday, September 23, 2014.

Watershed Protection

New Jersey: Wetlands

The Department of Environmental Protection proposed amendments to N.J. Admin. Code 7:7, 7:7A, and 7:13, pertaining to the Coastal Permit Program, the Freshwater Wetlands Protection Act, and the Flood Hazard Area Control Act. Revisions introduce a streamlined, uniform fee structure and adjustment process for applications for permit and determinations or approvals. A public hearing will be held on Wednesday, October 1, 2014, and the close of comment is November 1, 2014.

Wetlands

New Mexico: Clean Air Act (CAA)

The Environmental Improvement Board replaced the N.M. Admin. Code 20.2.99, Conformity to the State Implementation Plan of Transportation Plans, Programs and Projects, filed October 16, 2002, with a new version to be filed September 15, 2014. The new rule promotes statewide air quality and pertains to transportation-related criteria pollutants. See http://www.nmcpr.state.nm.us/nmregister/xxv/xxv16/20.2.99repeal.htm.

Clean Air Act (CAA)

New York: Energy

The Public Service Commission is proposing revisions to its regulatory framework to enable a more flexible platform for energy services. The changes would take step towards a Distributed System Platform that allows for market-based, reliable, clean, consumer-oriented industry. Additionally, the Committee is proposing that procurement of main tier renewable resources become the responsibility of the State's electric utilities. Written comments are due 45 days after September 10.

Energy

New York: Invasive Species

The Department of Environmental Conservation adopted Part 575 of N.Y. Comp. Codes R. & Regs. tit. 6, pertaining to prohibited and regulated invasive species. The amendment, a summary of final invasive species regulations, is a response to comments received to clarify the proposed regulations. See http://docs.dos.ny.gov/info/register/2014/sept10/pdf/rulemaking.pdf (p. 14).

Invasive Species

New York: Invasive Species

The Department of Agriculture and Markets amended N.Y. Comp. Codes R. & Regs. tit. 1, §141.2, pertaining to ash trees at risk for infestation by the emerald ash borer. The amendment extends the emerald ash borer quarantine to prevent the spread of the species to additional areas. The amendment took effect September 3, 2014. See http://docs.dos.ny.gov/info/register/2014/sept3/pdf/rulemaking.pdf (p. 1).

Invasive Species

New York: National ambient air quality standards (NAAQS), §109

The Department of Environmental Conservation adopted an amendment to N.Y. Comp. Codes R. & Regs. tit. 6, §200.1, pertaining to the definition of “nonattainment area.” Following the finding of attainment by EPA, the areas designated as “nonattainment” were removed for the PM2.5 NAAQS. The new rule takes effect September 18, 2014. See http://docs.dos.ny.gov/info/register/2014/sept3/pdf/rulemaking.pdf (p. 6).

National ambient air quality standards (NAAQS), §109

New York: Waste

The Department of Environmental Conservation will be holding hearings for proposed rule makings pertaining to petroleum bulk storage and used oil management on October 14, 16, and 23, 2014, as well as for chemical bulk storage October 14, 16, and 23. See http://docs.dos.ny.gov/info/register/2014/august27/pdf/hearings.pdf.

Waste

North Dakota: Agriculture

The Commissioner of Agriculture proposed amendments to N.D. Admin. Rules 7-15, Fertilizer Regulation. The amendments pertain to investigational allowances and accepted micronutrient concentrations, proper procedures for obtaining and analyzing samples, and the issuing of caution statements for any product that may have concentrations of micronutrients potentially harmful to specific crops or human health. The amendments will take effect October 1, 2014.

Agriculture

Ohio: Clean Air Act (CAA)

The Ohio EPA adopted amended Ohio Admin Code Chapter 3745-23, "Nitrogen Oxide Standards." The amendments to the rule, which addresses monitoring of the nitrogen as part of Ohio’s SIP for maintenance of NAAQS, were part of a five-year review. The rule is effective Monday, September 8, 2014. See http://epa.ohio.gov/portals/27/regs/3745-23/3745-23_PN_Final.pdf.

Clean Air Act (CAA)

Ohio: Hazardous Substances

The Ohio EPA adopted amended Ohio Admin Code rule 3750-30-20, “Facility emergency and hazardous chemical inventory form.” Changes bring the rule up to date with federal reporting standards for hazardous chemicals in compliant facilities. The rule is effective Friday, September 12, 2014. See http://epa.ohio.gov/Portals/27/serc/regs/3750-30/3750-30-20_PN_Final.pdf.

Hazardous Substances

Oklahoma: Hazardous Substances

The Department of Environmental Quality proposed an amendment to Okla. R. 252:205-3-1, pertaining to hazardous waste management. The updates provide consistency with federal hazardous waste regulations. A public hearing is scheduled for October 9, 2014, and the deadline for comment is October 9, 2014. See http://www.deq.state.ok.us/LPDnew/Draft%20Rules/Haz%20Waste/NORfinalEffectiveFY2015.pdf.

Hazardous Substances

Oklahoma: Waste

The Department of Environmental Quality proposed amendments to Okla. R. 252:606, Okla. Pollutant Discharge Elimination System Standards. The amendments clarify language, address permits and laboratory accreditation rules. Public hearings will be held October 7 and November 13, 2014 and the deadline for comment is October 2, 2014.

Waste

Oregon: Infrastructure

The Water Resources Department proposed amendments to enable implementation of Or. Revised Statutes 540.350 through 540.390. The actions ensure dam safety to prevent potential damage to life or property, updating rules so that they incorporate current engineering and safety practices. The deadline for comment is October 3, 2014. See http://arcweb.sos.state.or.us/pages/rules/bulletin/0914_bulletin/0914_rulemaking_bulletin.html.

Infrastructure

Oregon: Quantity

The Water Resources Department proposed the adoptions of Or. Admin R. 690-022-0020, 690-022-0025, and 690-022-0030. The rules grant the Or. Water Resources Commission authority to give preference for human consumption and stock water use in Klamath County in the case of a governor-declared drought. The deadline for comment is September 19, 2014. See http://arcweb.sos.state.or.us/pages/rules/bulletin/0914_bulletin/0914_rulemaking_bulletin.html.

Quantity

Oregon: Sustainability

The Public Utility Commission proposed updates to Or. Admin R. 860-084-0150, 860-084-0190, 860-084-0220, regarding the Solar Pilot Programs. The amendments enable the implementation of legislative changes to the program, which add 2.5 MW to the available statewide capacity, extend the enrollment termination date to March 31, 2016, and grant the Commission authority to name and adjust, without rulemaking, a percentage goal for capacity deployed by residential and small commercial qualifying systems. The deadline for comment is September 25, 2014.

Sustainability

Oregon: Sustainability

The Public Utility Commission proposed to adopt Or. Revised Statutes 860-085-0500 – 860-085-1000, pertaining to the 2013 Senate Bill 844: Voluntary Emissions Reduction Program. The rules propose the establishment of a voluntary emissions reduction program to provide incentives for a utility that supports natural gas, to invest in projects that reduce emissions and benefit utility customers. The deadline for comment is October 7, 2014.

Sustainability

Oregon: Sustainability

The Department of Energy amended Or. Laws 330-220-0000 through -0060, pertaining to the Alternative Fuel Vehicle tax credit program. Changes state that fleet projects must have a nexus with Oregon, detail tax credit eligible costs, and include changes to the Alternative Fuel Vehicle Revolving Loan Fund program rules. The deadline for comment is September 24, 2014.

Sustainability

Oregon: Wildlife

The Department of State Lands proposed amendments to Or. Revised Statutes 141-102-0020 and 141-102-0030, pertaining to Essential Indigenous Anadromous Salmonid Habitat (ESH) maps. The changes revise the maps to prevent the depletion of the species during the spawning and rearing life stages. The deadline for comment is November 28, 2014. See http://arcweb.sos.state.or.us/pages/rules/bulletin/0914_bulletin/0914_rulemaking_bulletin.html.

Wildlife

Tennessee: Natural Resources

The Department of Agriculture revised Tenn. Code Chapter 0080-05-12, pertaining to Kerosene and Motor Fuels Quality Inspection Regulations. Changes update the language in §§ 0080-512-.01 through -.10. The rule is effective December 3, 2014. See http://www.tn.gov/sos/rules_filings/09-06-14.pdf.

Natural Resources

Texas: Quantity

The Commission on Environmental Quality adopted 30 Texas Admin. Code §291.200 pertaining to the Texas Water Code. The new rule incorporates changes pertaining to the duties of the public water utility, including reporting water supply availability and status and filling out a “Drought Contingency Plan Reporting Form.” See http://www.sos.state.tx.us/texreg/archive/September52014/Adopted%20Rules/30.ENVIRONMENTAL%20QUALITY.html#150.

Quantity

Utah: Hazardous Substances

The Department of Environmental Quality proposed amendments to Utah Admin. Code §R311-204-3, which specifies requirements for labeling of underground storage tanks. Updates clarify previously misleading language that may have caused confusion regarding the contents of the tanks. The rule becomes effective on October 10, 2014. The deadline for comment is October 1, 2014. See http://www.rules.utah.gov/publicat/bulletin/2014/20140901/38765.htm.

Hazardous Substances

Utah: Quality

The Department of Environmental Quality proposed amendments to Utah Admin Code §R309-400, pertaining to Water System Rating Criteria. The changes update requirements from the groundwater rule and correct language and references. The deadline for comment is October 1, 2014. The rule takes effect November 10, 2014. See http://www.rules.utah.gov/publicat/bulletin/2014/20140901/38727.htm.

Quality

Wisconsin: Natural Resources

The Public Service Commission of Wisconsin proposed to amend Wisc. Admin Code §135.019(1), pertaining to federal pipeline safety regulations. The changes update the section to incorporate updated federal safety regulations for natural gas pipelines. The deadline for comment is September 30, 2014. See http://docs.legis.wisconsin.gov/code/register/2014/705a/register.pdf (p.28).

Natural Resources