Jump to Navigation
Jump to Content

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 45, Issue 6

Alaska: Wildlife

The Board of Game is proposing to amend Alaska Admin. Code tit. 5, §§85.010 and 92.029 regarding the hunting and ownership of domesticated big game. Among other changes, the amendments would update season restrictions and limits for taking bison. A public hearing will be held, beginning March 13, 2015, and the deadline for comment is February 27, 2015. See http://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=175676.

Wildlife

California: Sustainability

The Energy Commission is proposing to amend Cal. Code Regs. tit. 24, Part 6 and Part 11 regarding building efficiency standards. Changes would adopt energy efficiency standards that would go into effect for buildings on January 1, 2017. A public hearing will be held April 8, 2015, and the deadline for comment is March 30, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/07z-2015.pdf (pp. 268-289).

Sustainability

California: Sustainability

The Energy Commission is proposing to amend Cal. Code Regs. tit. 20, §§1601-08 regarding appliance efficiency. Changes would amend water efficiency standards for plumbing fixtures, energy efficiency standards for dimming ballasts, labeling requirements for air filters, and establish a standardized test method to demonstrate energy usage of heat-pump water-chilling packages. A public hearing will be held April 8, 2015, and the deadline for comment is March 30, 2015.

Sustainability

California: Sustainability

The Energy Commission is proposing to amend Cal. Code Regs. tit. 20, §1682 regarding energy use disclosure. The amendment would adopt a schedule for compliance with the state's energy use disclosure program for nonresidential buildings between 5,000 and 10,000 square feet. A public hearing will be held April 8, 2015, and the deadline for comment is March 31, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/07z-2015.pdf (pp. 253-259).

Sustainability

Colorado: Quality

The Department of Public Health and Environment is proposing to amend 5 Colo. Code Regs. §1003-2 regarding water and wastewater facility certification. Among other changes, the amendments would add a definition of facility owner and update the designation procedure for certified operators. A public hearing will be held June 30, 2015, and the initial comment deadline is April 22, 2015. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=02/10/2015 (pp.

Quality

Colorado: Wildlife

The Department of Natural Resources is proposing to amend 2 Colo. Code Regs. §406-11 regarding wildlife parks and unregulated wildlife. Changes would add the Asian water buffalo to the state's domestic species list, and prohibit wildlife parks from possessing wildlife taken from Colorado. A public hearing will be held March 3, 2015, and comments should be received prior to the hearing. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=02/10/2015 (pp.

Wildlife

Connecticut: Endangered Species

The Department of Energy and Environmental Protection is proposing to amend Conn. Agencies Regs. §§26-306-4,5 and 6 regarding endangered species. Changes would update the state's list of endangered species, threatened species, and species of concern, including the addition of four bat species to the endangered list. A public hearing will be held March 31, 2015, and the deadline for comment is April 14, 2015.

Endangered Species

Florida: Endangered Species

The Department of Agriculture and Consumer Services is proposing to amend Fla. Admin. Code Ann. r.5M-18.001-.004 regarding endangered species. Changes would establish a presumption of compliance for the incidental take of certain species on the state's imperiled species list for landowners who participate in voluntary best management practices for wildlife. A public hearing will be held if requested by March 5, 2015, and the deadline for comment is also March 5, 2015.

Endangered Species

Florida: Water

The Suwannee River Water Management District is proposing to amend Fla. Admin. Code Ann. r.40B.1.703 and 1.1010 regarding permits. Changes would establish a point of entry into proceedings for the district's permitting decisions. A public hearing will be held if requested by February 26, 2015, and the deadline for comment is also February 26, 2015. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2015/4124/4124doc.pdf (pp. 656-58).

Water

Illinois: Land Use

The Department of Natural Resources is proposing to amend Ill. Admin. Code tit. 17, §2580 regarding the state's Conservation Stewardship Program. Changes would clarify eligibility, management plans, and non-compliance provisions. The deadline for comment is March 30, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue7.pdf (pp. 2235-44).

Land Use

Iowa: Clean Water Act (CWA)

The Environmental Protection Commission is proposing to amend various sections of Iowa Admin. Code r.567-64 general stormwater discharge permits for construction sites. Changes would implement federal guidelines, including requiring the preservation of at least four inches of topsoil at construction sites. Public hearings will be held beginning March 18, 2015, and the deadline for comment is April 1, 2015. See https://www.legis.iowa.gov/docs/aco/bulletin/02-18-2015.pdf (pp. 1480-82).

Clean Water Act (CWA)

Iowa: Quality

The Environmental Protection Commission is proposing to amend Iowa Admin. Code r.567-61.3(5) regarding water quality standards. Changes would adopt a revised Surface Water Classification document, updating uses to reflect data obtained from recent fieldwork and analysis. Public hearings will be held beginning March 10, 2015, and the deadline for comment is March 27, 2015. See https://www.legis.iowa.gov/docs/aco/bulletin/02-18-2015.pdf (pp. 1473-80).

Quality

Minnesota: Clean Water Act (CWA)

The Pollution Control Agency is seeking public comment on a General State Disposal System Permit for animal feedlots. Changes would allow feedlots that obtain coverage under the general permit to operate for 10 years, and discharge into state waters if the facility follows all permit requirements and related regulations. A public hearing may be requested, and the deadline for comment is March 11, 2015. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_32.pdf (pp.

Clean Water Act (CWA)

Minnesota: Contaminated Sites/Brownfields

The Pollution Control Agency is seeking public comment on the removal of sites from the state's superfund list. The changes would delete portions of three sites for which the agency has determined that all appropriate response actions have been taken. The deadline for comment is March 19, 2015. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_33.pdf (pp. 1236-38).

Contaminated Sites/Brownfields

Mississippi: Agencies

The Department of Environmental Quality is proposing to adopt 11-6 Miss. Code R. §1 regarding public participation in agency rulemaking. The new rule would provide guidance on procedural requirements for evidentiary hearings. A public hearing will be held March 17, 2015. See http://www.sos.ms.gov/ACProposed/00021023a.pdf.

Agencies

Montana: Clean Air Act (CAA)

The Board of Environmental Review is proposing to amend Mont. Admin. R. 17.8.102 and .103 regarding air quality. Changes would incorporate by reference several federal regulations as they are published on federal websites. A public hearing will be held on March 5, 2015, and the deadline for comment is March 12, 2015. See http://sos.mt.gov/arm/Register/archives/MAR2015/MAR15-03.pdf (pp. 103-106).

Clean Air Act (CAA)

Montana: Hazardous Substances

The Department of Environmental Quality is proposing to amend Mont. Admin. R. 17.53.113 regarding hazardous waste. Changes would reduce the fee on waste generated by remediation, and increase fees for as-generated waste. A public hearing will be held on March 4, 2015, and the deadline for comment is March 12, 2015. See http://sos.mt.gov/arm/Register/archives/MAR2015/MAR15-03.pdf (pp. 101-103).

Hazardous Substances

North Carolina: Pesticides

The Department of Agriculture and Consumer Services is proposing to amend various portions of 02 N.C. Admin. Code 09L regarding pesticide use. Changes would establish a state specific training program for commercial and private applicators of soil fumigants. A public hearing will be held if requested by March 3, 2015, and the deadline for comment is April 17, 2015. See http://www.ncoah.com/rules/register/Volume%2029%20Issue%2016%20February%2016,%202015.pdf (pp.

Pesticides

North Carolina: Quality

The Department of Environment and Natural Resources is proposing to adopt 15A N.C. Admin Code 18c.1539 regarding drinking water regulation. Changes would adopt EPA's Revised Total Coliform Rule. A public hearing will be held March 3, 2015, and the deadline for comment is April 17, 2015. See http://www.ncoah.com/rules/register/Volume%2029%20Issue%2016%20February%2016,%202015.pdf (pp. 1950-51).

Quality

North Carolina: Wetlands

The Department of Environment and Natural Resources is proposing to adopt 15A N.C. Admin Code 02B.0295 wetland mitigation. The adoption would establish requirements of riparian buffers to be used in mitigation programs. A public hearing will be held on March 12, 2015, and the deadline for comment is April 17, 2015. See http://www.ncoah.com/rules/register/Volume%2029%20Issue%2016%20February%2016,%202015.pdf (pp. 1939-50).

Wetlands

Ohio: Endangered Species

The Department of Natural Resources is proposing to amend various portions of Ohio Admin. Code 1501:31-23-02 regarding threatened species designations. Changes would remove the Peregrine falcon from, and add the Rufa red knot to the state's list of threatened species. A public hearing will be held March 19, 2015. See http://www.registerofohio.state.oh.us/pdfs/phn/1501$31_NO_257939_20150213_0944.pdf.

Endangered Species

Ohio: Public Lands

The Department of Natural Resources is proposing to amend various portions of Ohio Admin. Code 1501:1 and 47 regarding the state's scenic rivers program. Among other changes, amendments would clarify land area to which the rule applies, establish procedures for posting special orders, and define permissible recreational activities. A public hearing will be held March 17, 2015. See http://www.registerofohio.state.oh.us/pdfs/phn/1501$1_NO_257999_20150213_1323.pdf.

Public Lands

Pennsylvania: Contaminated Sites/Brownfields

The Department of Environmental Protection is proposing to remove two sites from the state's Priority List of Hazardous Sites for Remedial Response. The removal is in response to EPA's addition of the sites to the federal Superfund list. The deadline for comment is March 16, 2015. See http://www.pabulletin.com/secure/data/vol45/45-7/272.html.

Contaminated Sites/Brownfields

Texas: Quality

The Commission on Environmental Quality is proposing to amend various provisions of 30 Tex. Admin. Code §331.19 regarding underground injection controls. Changes would provide a regulatory basis for promoting research of water desalination. A public hearing will be held March 3, 2015, and the deadline for comment is March 9, 2015. See http://www.sos.state.tx.us/texreg/pdf/backview/0206/0206prop.pdf (pp. 587-591).

Quality

Texas: Quality

The Commission on Environmental Quality is proposing to amend various provisions of 30 Tex. Admin. Code §290 regarding public drinking water. Among other changes, amendments would update state regulations to reflect federal lead and E. coli thresholds. A public hearing will be held February 26, 2015, and the deadline for comment is March 10, 2015. See http://www.sos.state.tx.us/texreg/pdf/backview/0206/0206prop.pdf (pp. 518-587).

Quality
!!!