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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 25

Arizona: Clean Air Act (CAA)

The Pinal County Air Quality Control District amended Ariz. Admin. Code 1.1.105 and 1.3.140.74 in order to address EPA’s limited disapproval of the Pinal County Air Quality Rules. Changes pertain to the Infrastructure SIP CAA requirements for ozone and fine particulate matter NAAQS. See http://www.azsos.gov/public_services/Register/2014/33/ctynotic.pdf.

Clean Air Act (CAA)

California: Invasive Species

The Department of Food and Agriculture proposed to amend 3 Cal. Code Regs. §3435(b), pertaining to the Asian Citrus Psyllid Interior Quarantine. Changes seek to prevent the artificial spread of the pest. The deadline for comment is September 29, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/33z-2014.pdf (pp. 1435-37).

Invasive Species

Colorado: Water

The Department of Public Health and Environment proposed to amend 5 Colo. Code Regs. §§32-38 in order to modify water quality standards for a number of bodies of water. Changes affect the Arkansas, Upper Colorado, San Juan, Dolores, Gunnison, Lower Dolores, Rio Grande, Lower Colorado, South Platte, Laramie, Republican, and Smoky Hill River Basins and the North Platte River. A public hearing will be held on December 8, 2014.

Water

Florida: Energy

The Department of Agriculture and Consumer Services proposed to repeal 50 Fla. Admin. Code §1.004 in order to comply with H.B. 7147. Changes repeal requirements governing the application process, review, and administration of the Solar Energy System Incentives Program. The deadline for comment is September 12, 2014. See https://www.flrules.org/Gateway/View_notice.asp?id=14968184.

Energy

Illinois: Land Use

The Pollution Control Board amended 35 Ill. Admin. Code §§502-3 and repealed §504, pertaining to pollution related to agriculture. Changes seek to make Illinois rules as stringent as the federal Concentrated Animal Feeding Operations Regulations. The amendments took effect August 11, 2014. See http://www.cyberdriveillinois.com/departments/index/register/register_volume38_issue34.pdf (pp. 17662-755).

Land Use

Kansas: Water

The Department of Health and Environment seeks public comment on proposed TMDLs for streams and lakes in the Neosho and Walnut River Basins. A public hearing will be held on August 28, 2014, and the deadline for comment is September 19. See http://www.kssos.org/pubs/register/2014/Vol_33_No_33_August_14_2014_p_839-854.pdf (p. 842).

Water

Louisiana: Mining

The Department of Natural Resources proposed to amend La. Admin. Code §43:XVII.Chapter 33, pertaining to class III (solution mining) injection wells. A public hearing will be held on August 28, 2014, and the deadline for comment is September 19. See http://www.doa.la.gov/osr/reg/1408/1408.pdf (pp. 1606-09).

Mining

Louisiana: Natural Resources

The Department of Natural Resources proposed to amend La. Admin. Code §43:XVII.Chapter 3, pertaining to class II hydrocarbon storage wells in salt dome cavities. A public hearing will be held on August 28, 2014, and the deadline for comment is September 19. See http://www.doa.la.gov/osr/reg/1408/1408.pdf (pp. 1603-06).

Natural Resources

Louisiana: Natural Resources

The Department of Natural Resources proposed to amend La. Admin. Code §§43:XIX.121 and 137. Changes codify the practice of requiring oil and gas operators to conduct two well tests per year. A public hearing will be held on September 29, 2014, and the deadline for comment is October 6. See http://www.doa.la.gov/osr/reg/1408/1408.pdf (pp. 1602-03).

Natural Resources

Maine: Hazardous Substances

The Department of Environmental Protection amended 06-096 Me. Code Regs. Ch. 850, Identification of Hazardous Wastes. Changes eliminate the requirement that medicinal nitroglycerin containers be triple rinsed in order to be considered an empty container. Amendments took effect August 17, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/082014.html.

Hazardous Substances

Maine: Invasive Species

The Department of Marine Resources amended 13-188 Me. Code Regs. Ch. 25, Lobster and Crab, and Ch. 8, Landings Program. Changes seek to facilitate the removal of invasive green crab species from coastal Maine waters. Amendments took effect August 10, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/081314.html.

Invasive Species

Maine: Pesticides

The Department of Agriculture, Conservation, and Forestry amended 01-026 Me. Code Regs. Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition. Changes exempt certain sections of the regulations that would not be practical in an emergency situation when the Maine Center for Disease Control recommends spraying due to vector-borne disease threats. The amendments will take effect September 11, 2014.

Pesticides

Maine: Pesticides

The Department of Agriculture, Conservation, and Forestry amended 01-026 Me. Code Regs. Ch. 20, Special Provisions. Changes relax the need for individual property owner authorization when the Maine Center for Disease Control recommends spraying due to vector-borne disease threats. Amendments will take effect September 11, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/082014.html.

Pesticides

Nevada: Water

The Division of Water Resources proposed to amend Nev. Admin. Code §§534.010-500, Regulations for Water Well and Related Drilling. Changes would update licensing requirements, clarify waiver requirements and water well plugging materials, and require a minor increase in the bentonite solids content of bentonite grout. Public workshops will be held on September 4, 8, and 9; a final adoption hearing will be held on September 19; and the deadline for comment is September 19.

Water

New Hampshire: Water

The Department of Environmental Services proposed to amend Env-Wq 1703.01, pertaining to NPDES permits. The new rule would authorize a compliance schedule to be included in any NPDES permit issued or renewed for a discharge to New Hampshire surface waters. A public hearing will be held on October 9, 2014, and the deadline for comment is October 17. See http://www.gencourt.state.nh.us/rules/register/2014/august-14-14.pdf (pp. 3-4).

Water

New Jersey: Air

The Department of Environmental Protection proposed to amend N.J. Admin. Code §§7:27-8.6 and 22.31. Changes would increase the service fees charged for permitting stationary sources of air pollution. A public hearing will be held on September 22, 2014, and the deadline for comment is October 17. See http://www.nj.gov/dep/rules/notices/20140818a.html.

Air

New Mexico: Air

The Environmental Improvement Board amended N.M. Admin. Code §20.2.74.303 and .503, pertaining to pollutants emitted by new major stationary sources. Changes took effect August 18, 2014. See http://www.nmcpr.state.nm.us/nmregister/xxv/xxv15/20.2.74amend.htm.

Air

New Mexico: Waste

The Environmental Improvement Board amended N.M. Admin. Code §§20.7.3, pertaining to liquid waste disposal and treatment. Changes will take effect September 15, 2014. See http://www.nmcpr.state.nm.us/nmregister/xxv/xxv15/20.7.3amend.htm.

Waste

Tennessee: Contaminated Sites/Brownfields

The Department of Environment and Conservation proposed to amend Tenn. Admin. Code §400.15.01.13. Changes would remove the Oneida Tie Yard Site from the list of inactive hazardous substance sites. The deadline for comment is November 6, 2014, and a public hearing will be held that day. See http://state.tn.us/sos/rules_filings/08-21-14.pdf.

Contaminated Sites/Brownfields

Tennessee: Contaminated Sites/Brownfields

The Department of Environment and Conservation proposed to amend Tenn. Admin. Code §400.15.01.13. Changes would add PSC Metals Site to the list of inactive hazardous substance sites. A public hearing will be held on October 8, 2014, and the deadline for comment is October 22. See http://state.tn.us/sos/rules_filings/08-20-14.pdf.

Contaminated Sites/Brownfields

Tennessee: Radiation

The Department of Environment and Conservation proposed to amend Tenn. Admin. Code §§400.20.04, .05, .08, and .10. Changes update the requirements for the packaging and transportation of radioactive materials. The deadline for comment is October 7, 2014, and a public hearing will be held that day. See http://state.tn.us/sos/rules_filings/08-06-14.pdf.

Radiation

Texas: Resource Conservation and Recovery Act (RCRA)

The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §§335.1, .29, .155, .211, .261, .431, .503, and .504. Changes implement revisions to the federal hazardous waste program made by EPA between June 1, 2011 and July 31, 2013. See http://www.sos.state.tx.us/texreg/archive/August222014/Proposed%20Rules/30.ENVIRONMENTAL%20QUALITY.html#49.

Resource Conservation and Recovery Act (RCRA)

Utah: Water

The Department of Environmental Quality proposed to amend Utah Code r. 309.550, Facility Design and Operation: Transmission and Distribution Pipelines. Changes include clarifying language and adding a requirement to submit information on the condition of the pipe when sewer and water lines are closer than 10 feet. The deadline for comment is September 15, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140815.pdf (pp. 52-57).

Water

Utah: Water

The Department of Environmental Quality proposed to amend Utah Code r. 309.545, Facility Design and Operation: Drinking Water Storage Tanks. Changes update language, clarify the food elevation requirement, modify tank coating requirements for volatile organic compounds, and revise the term “water line” under access openings to “level of the overflow.” The deadline for comment is September 15, 2014. See http://www.rules.utah.gov/publicat/bull_pdf/2014/b20140815.pdf (pp. 48-52).

Water

Virginia: Invasive Species

The Board of Agriculture and Consumer Services amended 2 Va. Admin. Code §§5.440.10, .50, .50, and .110, pertaining to the Cotton Boll Weevil Quarantine. Changes include updating the regulation to reflect the current operation of the Boll Weevil Eradication and Exclusion program and reducing the penalty for late payments and acreage underreporting. The amendments will take effect September 24, 2014. See http://register.dls.virginia.gov/details.aspx?id=4563.

Invasive Species