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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 29

Alabama: State implementation plans (SIPs)

The Alabama Department of Environmental Management is requesting comments on proposed changes to Alabama’s SIP, Chapter 335-3-20, pertaining to control fuels. The changes would raise the Reid Vapor Pressure Ozone Season Gasoline Requirement in Jefferson and Shelby Counties to 9.0 psi. The deadline to request a hearing is November 5, 2014. See http://www.adem.state.al.us/newsEvents/notices/oct14/10alsip.htm.

State implementation plans (SIPs)

Alaska: Energy

The Alaska Energy Authority proposed amendments to 3 Alaska Admin. Code 109.010 –109.900, pertaining to procurement managed grants. Changes introduce procurement regulations for a project that uses Alaska Energy Authority funds for its design, construction, administration, or management. The deadline for comment is November 14, 2014, and a hearing will be held November 3, 2014. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=174298.

Energy

Alaska: Energy

The Alaska Energy Authority proposed amendments to 3 Alaska Admin. Code 106.100 – 106.900, pertaining to the Power Project Fund loan program. Specific changes incorporate a charge for loan applications processing, as well as clarifications on loan terms. The deadline for comment is November 14, 2014 and a hearing will be held November 3, 2014. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=174299.

Energy

Alaska: Sustainability

The Department of Natural Resources proposed amendments to 11 Alaska Admin. Code 05, pertaining to permits and leases for wind power projects in the state. The changes incorporate new fees and rental rates for land use authorizations for wind power projects, and make technical corrections. The deadline for comment is November 21, 2014. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=174280.

Sustainability

Arizona: Irrigation

The Department of Water Resources passed final amendment to Ariz. Revised Statutes R12-15-725.01 and repealed R12-15-725.02, pertaining to irrigation rights. The amendment and repeal provide for a delay in the reduction of the allocation factor used for calculating extinguishment credits in the Pinal Active Management Area (AMA), thereby giving irrigation grandfathered right holders the flexibility to explore alternatives for meeting the Pinal AMA’s goals before 2019. The changes became effective September 12, 2014.

Irrigation

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

The Maricopa County Air Quality Department proposed to amend AQ-2013-002, Rule 345, Vehicle and Mobile Equipment Coating. The changes restructure, clarify, and consolidate the rule to ensure that control of VOC emissions from paints or coatings used by the commercial vehicle coating operations industry is maintained, in accordance with the NAAQS. The deadline for comment is November 3, 2014. See http://www.azsos.gov/public_services/Register/2014/40/ctynotic.pdf.

National ambient air quality standards (NAAQS), §109

California: Composting

The California Department of Resources Recycling and Recovery proposed amendments to Cal. Code of Regs. Title 14, Division 7, Chapters 1, 3, 3.1, 5, and Appendix 1, and the addition of Chapter 3.2. The new regulations benefit public health, safety, and the environment through more effective regulation of solid waste facilities that process compostable materials. The deadline for comment is December 5, 2014. A public hearing will be held December 10, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/41z-2014.pdf (p. 1725).

Composting

California: Invasive Species

The Department of Food and Agriculture proposed to amend 3 Cal. Code of Regs. §4500, relating to the Cal. Noxious Weed Species. Changes include the addition of 22 species to the noxious weed list, and the granting of authority to the State to enforce the control of these 22 species. The deadline for comment is November 17, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/40z-2014.pdf (p. 1696-1698).

Invasive Species

California: Invasive Species

The Department of Food and Agriculture proposed to adopt 3 Cal. Code of Regs. §3441, and amend §§3591.13(a) and (b), all relating to the Bactrocera correcta Interior Quarantine. The changes grant the state authority to enact quarantine rules against the guava fruit fly. The deadline for comment is November 17, 2014 for §3441, and November 24, 2014 for §§3591.13(a) and (b). See http://www.oal.ca.gov/res/docs/pdf/notice/40z-2014.pdf (p. 1691-1696).

Invasive Species

Colorado: Quality

The Water Quality Control Commission proposed amendments to 5 Colo. Code of Regs. 1002-11, the Colo. Primary Drinking Water Regulation #11. Changes pertain to the Total Coliform Rule, Storage Tank Rule, Backflow Prevention, and Cross Connection Control Rule and Water Hauler Rule. A hearing will be held January 12, 2015. The deadline for comment is January 9, 2015. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2014-00992.pdf.

Quality

Delaware: Watershed Protection

The Department of Natural Resources and Environmental Control, Division of Watershed Stewardship passed final amendments to 7 Del. Admin. Code 7401, Surface Water Quality Standards, and 7408, Total Maximum Daily Loads (TMDLs) for Nutrients for the Murderkill River Watershed. Changes reflect updates to the Murderkill River TMDLs based on recent studies, as well as other updates that bring the rules up to date with federal regulations. The amendments became effective October 11, 2014.

Watershed Protection

District of Columbia: Watershed Protection

The District Department of the Environment proposed amendments to D.C. Municipal Regulations Chapter 5, Title 21, “Fees for Stormwater Management, and Soil Erosion and Sediment Control." Updates make annual fee adjustments for inflation, based on the Urban Consumer Price Index. The deadline for comment is November 8, 2014. See http://www.dcregs.dc.gov/Gateway/NoticeHome.aspx?noticeid=5120356.

Watershed Protection

Florida: Quantity

The St. Johns River Water Management District proposed to amend Fla. Admin. Code 40C-8.031, pertaining to Minimum Surface Water Levels and Flows and Groundwater Levels. The changes incorporate revised minimum surface water levels for Lake Melrose, Lake Norris, and Lake Purdom. The deadline for comment is October 24, 2014. See https://www.flrules.org/Gateway/View_notice.asp?id=15135509.

Quantity

Florida: Solid

The Department of Environmental Protection proposed to amend Fla. Admin. Code Ch. 62-701, pertaining to solid waste management facilities. Changes mandate that expansions of construction and demolition debris disposal facilities have liners and leachate control systems. The deadline for comment is October 22, 2014. See https://www.flrules.org/Gateway/View_notice.asp?id=15103693.

Solid

Florida: Water allocation under state law

The Southwest Florida Water Management District proposed amendments to 40D-1.002, 40D-1.1021, 40D-1.602, 40D-1.603, 40D-1.6051, 40D-1.6105, 40D-1.659 Fla. Admin. Code, pertaining to environmental resource permits. The changes clarify that the provisions of Ch. 40D-1 apply to permits and authorizations issued before October 1, 2013, or grandfathered projects. The deadline for comment is November 3, 2014. See https://www.flrules.org/Gateway/View_notice.asp?id=15166743.

Water allocation under state law

Hawaii: Oceans

The Department of Land and Natural Resources is to adopt proposed amendments to Chapter 13-60.8 of the Haw. Admin. Rules, “Hā‘ena Community-Based Subsistence Fishing Area, Kaua‘i.” Changes recognize and support sustainable and culturally-rooted management of ocean resources, set limits on aquatic life harvesting, and establish a marine refuge to protect the nursery habitat for juvenile reef fishes. A hearing was held October 3, 2014, and the deadline for comment is October 17, 2014.

Oceans

Idaho: Ground water

The Department of Water Resources proposed amendments to Idaho Code 37.03.11, Rules for Conjunctive Management of Surface and Ground Water Resources. Changes pertain to conjunctive management of connected surface and ground water supplies. The deadline for comment is October 31, 2014. A public hearing will be held October 24, 2014. See http://adminrules.idaho.gov/bulletin/2014/10.pdf (p. 447).

Ground water

Illinois: Quality

The Pollution Control Board proposed to amend 35 Ill. Admin. Code 302, Water Quality Standards, 35 Ill. Admin. Code 303, Water Use Designations and Site-Specific Water Quality Standards, and 35 Ill. Admin. Code 309. The amendments address the quality standards for the Chicago Area Waterways System and the Lower Des Plaines River that are necessary for aquatic life uses. The deadline for comment is November 17, 2014.

Quality

Indiana: Air quality

The Air Pollution Control Division amended 326 Ind. Admin. Code 2-11-2, 8-4-1, and 8-4-6, pertaining to the stage II vapor recovery system requirements. Updates since the publication of the previous draft of the rule on September 10, 2014 indicate a change in the effective date of the removal of the stage II vapor recovery system requirements. The deadline for comment is October 22, 2014. See http://www.in.gov/legislative/iac/20141001-IR-326120636PRA.xml.html.

Air quality

Indiana: Electronic waste

The Solid Waste Management Division amended 329 Ind. Admin. Code 16-1-1, 16-2-26, 16-3-1, 16-5-1, 16-6-1, 16-7-1, 16-10-1, and 16-11-1, and adds 16-11-2, 16-11-3, 16-11-4, and 16-11-5, pertaining to electronic waste. The changes specify requirements for the deposit of solid waste or contaminants, and prohibit the open dumping of garbage or other solid waste. The rule becomes effective October 31, 2014. See http://www.in.gov/legislative/iac/20141001-IR-329140019PRA.xml.html.

Electronic waste

Maine: Hazardous Substances

The Department of Environmental Protection, Board of Underground Tank Installers, proposed amendments to Ch. 3, Certification of Underground Tank Installers, and Ch. 6, Certification of Underground Oil Storage Tank Inspectors. The changes will clarify the qualifications and application process for the tank installer apprenticeship program, and allow for reciprocity for inspectors certified in other states. The deadline for comment is October 31, 2014, and there will be a public hearing October 21, 2014.

Hazardous Substances

Maine: Water

The Department of Environmental Protection proposed a new rule, Ch. 501, Stormwater Management Compensation Fees and Mitigation Credit. The rule introduces a program for applicants with an option to perform a compensation project or pay a compensation fee, instead of meeting certain stormwater control requirements. A public hearing will be held October 28, 2014, and the deadline for comment is November 7, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/100814.html.

Water

Minnesota: Quality

The Minnesota Pollution Control Agency is soliciting comments on new Minn. Rules Chapters 7001 and 7002, Wastewater Laboratory Certification and Fees. The regulations pertain to certification of laboratories carrying out wastewater or water analytical work, and certification process fees. The deadline for comment is November 7, 2014. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_14.pdf (p. 492).

Quality

Minnesota: Water

The Board of Water and Soil Resources will adopt permanent amendments to Rules Governing Metropolitan Area Local Water Management, Minn. Rules Chapter 8410. Changes repeal parts 8410.0070, 8410.0090 to 8410.0130, and 8410.0170, pertaining to the Twin Cities Metropolitan Area local water management rules. The deadline for comment is November 10, 2014. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_14.pdf (p. 445).

Water

Montana: Wolves

The Department of Fish, Wildlife and Parks declined to adopt proposed MAR Notice No. 12-437 pertaining to Wolf Management Stamps. The rule would have initiated a program where citizens could purchase stamps to donate to the department’s wolf management programs. After public hearings on August 14, 2014 and receiving over 50,000 comments, the department decided to meet with stakeholders to explore future recommendations. See http://sos.mt.gov/arm/Register/archives/MAR2014/MAR14-19.pdf.

Wolves

New Jersey: Shoreline use

The Department of Environmental Protection is proposing changes to fees concerning permits under the Coastal Permit Program Rules (N.J. Admin. Code § 7:7), Freshwater Wetlands Protection Act Rules (N.J. Admin. Code § 7:7A) and the Flood Hazard Area Control Act Rules (N.J. Admin. Code § 7:13). The proposed fee structure is based on the area of land impacted instead of project cost. The deadline for comment is November 1, 2014. See http://www.nj.gov/dep/rules/notices/20140902a.html.

Shoreline use

New York: Fisheries

The Department of Environmental Conservation is proposing to amend N.Y. Comp. Codes R. & Regs. tit. 6, §§ 10.1-10.9, 18.1, 19.2 and 35.2 to revise sportfishing regulations following a biannual review. Proposed amendments also include regulation of commercial baitfish collection and sales. No hearing has been scheduled. See http://docs.dos.ny.gov/info/register/2014/oct15/pdf/rulemaking.pdf (pp. 7-9).

Fisheries

North Carolina: Pesticides

The Department of Agriculture and Consumer Services Pesticide Board is proposing to adopt 02 N.C. Admin Code 09L .0707, which would declare the Eastern and Hairy-tailed moles to be pests. The proposed rule regulates the use of pesticides to control the moles including limiting the areas where they can be used and their application near water bodies. The deadline for comment is December 15, 2014.

Pesticides

Pennsylvania: State implementation plans (SIPs)

The Department of Environmental Protection is seeking comments before requesting the U.S. EPA to redesignate the Johnstown Area from nonattainment to attainment for PM2.5 under the Clean Air Act. Comments are also sought on the revised State Implementation Plan and a maintenance plan for that area. A public hearing will be held on November 5, 2014 and the deadline to reserve time to testify is November 3. The deadline for comment is November 7, 2014.

State implementation plans (SIPs)

Texas: Agriculture

The Department of Agriculture is proposing changes to sections of 4 Tex. Admin. Code §§18.702 and 18.705, relating to organic standards and certifications. The department is proposing a new fee structure or, to discontinue the program if participants do not support the restructuring. The changes are needed to comply with new state legislation requiring the program to generate enough revenue to offset costs. The deadline for comment is November 10, 2014.

Agriculture

Utah: Quality

The Department of Environmental Quality’s Division of Water Quality is proposing changes to Proposed Rule R317-1-3 regarding requirements for nutrient discharges. The modifications would clarify economic hardship exceptions, give the division Director authority to make determinations that “no reasonable potential to discharge” exists and extend the start date for self-implementation of nitrogen and phosphorus monitoring my six months. The deadline for comment is November 14, 2014.

Quality

Wyoming: Hazardous Substances

The Department of Environmental Quality, Solid and Hazardous Waste Division is proposing comprehensive revision of Wyoming’s Hazardous Waste Rules and Regulations, reducing the regulations to a single chapter by using Incorporation By Reference (IBR) of relevant portions of Title 40 of the Federal Code of Regulations. The deadline for comment is December 10, 2014 and public hearings will be held on January 14 and 15, 2015.

Hazardous Substances