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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 11

Alabama: Wildlife

The Department of Conservation and Natural Resources proposed to add Ala. Admin. Code r. 220.3.83, Recreational Reporting of Red Snapper. The new rule would require reporting of red snapper harvest. The deadline for comment is May 6, 2014. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-14/220-3-.83.pdf.

Wildlife

Alabama: Wildlife

The Department of Conservation and Natural Resources proposed to amend Ala. Admin. Code r. 220.2.02, .138, .06, .32, and .86. Changes include bringing falconry provisions in line with federal requirements and further regulating feral swine. The deadline for comment is May 6, 2014. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-14/220-2.pdf.

Wildlife

Arkansas: Waste

The Pollution Control and Ecology Commission proposed to amend Regulation 11 in order to replace the current Recycling Grant Program with a new Recycling Fund. A public hearing will be held on March 27, 2014, and the deadline for comment is April 10, 2014. See http://www.adeq.state.ar.us/ftproot/pub/pa/Regulation_Notices/2014-03-07_Notice_of_Rescheduled_Hearing_for_Regulation_11__Solid_Waste.mht.

Waste

California: Toxic Substances

The Office of Environmental Health Hazard Assessment amended 27 Cal. Code Regs. §25249.5 in order to remove n–butyl glycidyl ether, diglycidyl ether, phenyl glycidyl ether, methyl isopropyl ketone, and α–methyl styrene from the list of chemicals known to the state to cause reproductive toxicity. Changes took effect April 4, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/14z-2014.pdf (p. 618).

Toxic Substances

Delaware: Clean Water Act (CWA)

The Department of Natural Resources and Environmental Control proposed to amend 7 Del. Admin. Code §7401. Changes would amend the surface water quality standards in order to maintain consistency with CWA and EPA regulations. A public hearing will be held on April 29, 2014, and the deadline for comment is May 16, 2014. See http://regulations.delaware.gov/register/april2014/proposed/17%20DE%20Reg%20963%2004-01-14.htm.

Clean Water Act (CWA)

Delaware: Hazardous Substances

The Department of Natural Resources and Environmental Control amended 7 Del. Admin. Code §1302, Regulations Governing Hazardous Waste. Changes require any generator of hazardous waste who receives a self-certification checklist from the Department to complete and return the checklist to the Department. The amendment will take effect April 21, 2014. See http://regulations.delaware.gov/register/april2014/final/17%20DE%20Reg%20986%2004-01-14.htm.

Hazardous Substances

Delaware: Water

The Department of Natural Resources and Environmental Control proposed to amend 7 Del. Admin. Code §7408. Changes would revise the TMDL regulation for nutrients and oxygen-consuming materials for the Murderkill River Watershed. A public hearing will be held on April 29, 2014, and the deadline for comment is May 16, 2014. See http://regulations.delaware.gov/register/april2014/proposed/17%20DE%20Reg%20964%2004-01-14.htm.

Water

Florida: Energy

The Department of Agriculture and Consumer Services proposed to amend 5O Fla. Admin. Code §§1.002-3. Changes would update the administration of the Renewable Energy and Energy-Efficient Technologies Grant Matching Program. The deadline for comment is April 28, 2014. See https://www.flrules.org/Gateway/View_notice.asp?id=14419940.

Energy

Idaho: Agriculture

The Department of Environmental Quality invites participation in a negotiated rulemaking process regarding amendments to Idaho Admin. r. 58.01.01. Amendments pertain to the application of fugitive dust rules to agricultural activities. A public meeting will be held on May 14, 2014, and the deadline for comment is May 23, 2014. See http://adminrules.idaho.gov/bulletin/2014/04.pdf (pp. 17-18).

Agriculture

Idaho: Quality

The Department of Environmental Quality invites participation in a negotiated rulemaking process regarding amendments to Idaho Admin. r. 58.01.02, Water Quality Standards. Changes would update the Department’s mixing zone policies. Public meetings will be held on May 1 and June 12, 2014, and the deadline for comment is May 15, 2014. See http://adminrules.idaho.gov/bulletin/2014/04.pdf.

Quality

Illinois: Enforcement and Compliance

The Department of Natural Resources proposed to amend 17 Ill. Admin. Code §2530, Revocation Procedures for Conservation Offenses. Changes would clarify procedures and seek to ensure fairness in the revocation and suspension of licenses and privileges. The deadline for comment is May 19, 2014. See http://www.cyberdriveillinois.com/departments/index/register/register_volume38_issue14.pdf.

Enforcement and Compliance

Louisiana: Toxic Substances

The Department of Environmental Quality amended La. Admin. Code §33.III.5151, Emission Standard for Asbestos. Changes clarify language pertaining to the removal of regulated asbestos-containing material and the renovation or demolition of asbestos-containing materials. See http://www.doa.la.gov/osr/reg/1403/1403.pdf (pp. 518-527).

Toxic Substances

Louisiana: Toxic Substances

The Department of Environmental Quality amended La. Admin. Code §§33.III.2701, 2703, 2705, 2707, 2711, 2713, 2717, 2719, 2721, 2723, 2725, 2735, 2739, 2741, and 2799. Changes clarify language pertaining to asbestos-containing material in schools and state buildings. See http://www.doa.la.gov/osr/reg/1403/1403.pdf (pp. 500-18).

Toxic Substances

Maine: Wildlife

The Department of Marine Resources adopted emergency rule 13-188 Me. Code Regs. Ch. 32.03, .35, .50, and .55. Changes establish an elver individual fishing quota system for the 2014 elver season. The rulemaking took effect March 26, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/040214.html.

Wildlife

Maryland: Safe Drinking Water Act (SDWA)

The Department of the Environment proposed to amend Md. Code Regs. 26.08.05, Certification of State Water Quality Laboratories. Changes include modifying the submission timeline for renewal applications for certification and clarifying the education and experience requirements for laboratory personnel who analyze drinking water. A public hearing will be held on April 15, 2014, and the deadline for comment is May 5, 2014.

Safe Drinking Water Act (SDWA)

Maryland: Water

The Department of the Environment proposed to amend Md. Code Regs. 26.03.13, pertaining to the implementation of the Bay Restoration Fund. The deadline for comment is May 5, 2014. See http://www.dsd.state.md.us/mdregister/4107/Assembled.htm#_Toc383762012.

Water

Missouri: Air

The Department of Natural Resources proposed to amend Mo. Code Regs. tit. 10, §10.5.220, pertaining to air quality standards in the St. Louis Metropolitan Area. Changes would restrict volatile organic compound emissions from the handling of petroleum liquids and remove requirements for stage II vapor recovery systems for gasoline dispensing facilities in the St. Louis area. A public hearing will be held on May 29, 2014, and the deadline for comment is June 5, 2014.

Air

Montana: Mining

The Board of Environmental Review amended Mont. Admin. R. 17.24.905, Rules Not Applicable to In Situ Coal Operations. Changes implement federal regulations and seek to maintain consistency with the Surface Mining Control and Reclamation Act. See http://sos.mt.gov/arm/Register/archives/MAR2014/MAR14-07.pdf (p. 678).

Mining

Montana: Quality

The Board of Environmental Review amended Mont. Admin. R. 17.30.630, Temporary Water Quality Standards. Changes extend the temporary standards for Daisy Creek, Stillwater River, and Fisher Creek due to expire on June 4, 2014 to June 4, 2019. See http://sos.mt.gov/arm/Register/archives/MAR2014/MAR14-07.pdf (p. 681).

Quality

Nevada: Air

The State Environmental Commission proposed to amend Nev. Admin. Code §445B.22097 and .311, pertaining to air quality. Changes would revise the nitrogen dioxide, sulfur dioxide, and fine particulate matter standards in the Nevada portion of the ambient air quality standards table and would update requirements for conducting an air dispersion analysis. A public hearing will be held on May 2, 2014, and the deadline for comment is April 27, 2014.

Air

New Hampshire: Air

The Department of Environmental Services adopted Env-A 1450.01(b) in order to amend the list of regulated toxic air pollutants. Changes took effect April 4, 2014. See http://www.gencourt.state.nh.us/rules/register/2014/april-3-14.pdf (p. 3).

Air

Oregon: Air

The Department of Environmental Quality proposed to amend Or. Admin. R. 340.210 and .216. Changes include increasing air contaminant discharge permit fees, lowering the application fee for greenhouse gas permits, and amending the low fee eligibility criteria. A public hearing will be held on April 15, 2014, and the deadline for comment is April 18, 2014. See http://arcweb.sos.state.or.us/doc/rules/bulletin/April2014_Bulletin.pdf (pp. 11-12).

Air

Oregon: Energy

The Department of Environmental Quality proposed to amend Or. Admin. R. 340.253 in order to revise phase one of the Clean Fuels Program. Changes would reduce requirements for certain fuel importers, add fuels available in Oregon, and clarify to whom the program applies. A public hearing will be held on April 16, 2014, and the deadline for comment is April 21, 2014. See http://arcweb.sos.state.or.us/doc/rules/bulletin/April2014_Bulletin.pdf (p. 11).

Energy

Wyoming: Natural Resources

The Oil and Gas Conservation Commission proposed to amend Wyoming Oil and Gas Commission rules Ch. 3. Changes include separating provisions for vertical wells and horizontals wells and removing redundant provisions. A public hearing will be held on June 10, 2014, and the deadline for comment is May 23, 2014. See http://soswy.state.wy.us/Rules/RULES/9462.pdf.

Natural Resources