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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 45, Issue 10

Alaska: Toxic Substances

The Department of Environmental Conservation is seeking public comment on proposed changes to the Aleutian Subarea Contingency plan regarding emergency response procedures for oil and hazardous material spills. Changes would include the addition of new geomorphology data for threatened and endangered species' habitat, and reevaluate the sensitivity of certain National Park Service lands. The deadline for comment is May 15, 2015.

Toxic Substances

California: Sustainability

The California Energy Commission is proposing to amend Cal. Pub. Util. Code §399.11 regarding the renewable portfolio standard for local publicly owned utilities. Changes would clarify existing regulations, including requirements for bundled and resale transactions. A workshop will be held April 9, 2015, and a public adoption hearing will be held June, 10, 2015. The deadline for comment is May 11, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/13z-2015.pdf (pp. 494-501).

Sustainability

Delaware: Hazardous Substances

The Department of Natural Resources and Environmental Control is proposing to amend 7 Del. Admin. Code §1375 regarding hazardous substance cleanups. Changes would create new regulations for the department's determinations of "Conditional No Further Action," update the procedures for providing notice in land records, and clarify certain definitions. A public hearing will be held April 29, 2015, and the deadline for comment is May 14, 2015.

Hazardous Substances

Florida: Agencies

The Land and Water Adjudicatory Commission is proposing to repeal various sections of Fla. Admin. Code Ann. r.42-2 regarding procedural requirements. Changes would eliminate redundancy as each subject is covered by the Uniform Rules of Procedure or by statute. A public hearing will be held if requested by April 17, 2015, and the deadline for comment is also April 17, 2015. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2015/4160/4160doc.pdf (pp.

Agencies

Florida: Endangered Species

The Fish and Wildlife Conservation Commission is proposing to amend Fla. Admin. Code r.68A-27.003 and .0031 regarding endangered and threatened species. Changes would update the state endangered and threatened species list to reflect updated federal ESA listings, including the addition of seven mollusks, the Florida bonneted bat, and the rufa red knot. The deadline for comment is April 10, 2015.

Endangered Species

Florida: Navigable waters

The Suwanee River Water Management District is proposing to repeal Fla. Admin. Code r.40B-4.3040 regarding unauthorized use of the district's waterways. Changes would repeal sections applicable to sovereign state lands that exceed the district's authority. A public hearing will be held if requested by April 20, 2015, and the deadline for comment is also April 20, 2015. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2015/4161/4161doc.pdf (p. 1512).

Navigable waters

Georgia: Air

The Department of Natural Resources is proposing to amend Ga. Comp. R. & Regs. 391-3-1-.03(9) regarding permit fees. Changes would retain the 2014 dollar-per-ton fee for electric generating facilities. A public hearing will be held April 28, 2015, and the deadline for comment is also April 28, 2015. See http://environet.dnr.state.ga.us/1/PublicNotice_PermitFeeRule.pdf.

Air

Massachusetts: Sustainability

The Department of Environmental Protection is proposing to adopt 310 Mass. Code Regs. 7.75 regarding the state's clean energy standard. The new rule would implement a policy included in the Massachusetts Clean Energy and Climate Plan for 2020 to increase the use of clean energy sources in electrical generation. Public hearings will be held beginning April 14, 2015, and the deadline for comment is April 27, 2015. See http://www.mass.gov/eea/docs/dep/air/laws/ces-notice.pdf.

Sustainability

Michigan: Clean Air Act (CAA)

The Department of Environmental Quality is proposing to adopt Mich. Admin. Code r.336.1430 regarding sulfur dioxide emissions. The rule would reduce the emissions of sulfur dioxide from various sources as part of the state's plan to address the sulfur dioxide nonattainment area in Wayne County. A public hearing will be held April 8, 2015, and the deadline for comment is April 9, 2015. See http://www.michigan.gov/documents/lara/MR5_040115_485840_7.pdf (pp. 88-91).

Clean Air Act (CAA)

Minnesota: Clean Water Act (CWA)

The Pollution Control Agency is seeking public comment on the Watershed Restoration and Protection Strategies Report and TMDL for Buffalo River and LeSueur River watersheds. The reports include assessment of the water quality in the watersheds, identification of impairments and water bodies needing protection, and identification of biotic stressors and sources of pollution. The deadline for comment is April 29, 2015.

Clean Water Act (CWA)

Nebraska: Sustainability

The Department of Natural Resources is proposing to adopt 264 Neb. Admin. Code §001-002 regarding the state's Water Sustainability Fund. The new rule would govern the distribution of resources from the fund including which programs, projects, or activities are eligible for funding. A public hearing will be held April 16, 2015. See http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001478.

Sustainability

New Mexico: Clean Water Act (CWA)

The Water Quality Control Commission is proposing to amend N.M. Code R. §20.6.4 regarding water quality standards. Changes include revisions to general and numeric criteria, compliance provisions, uses and criteria for unclassified waters and some classified segments, and provisions for site-specific criteria. Public hearings will be held beginning June 9, 2015, and the deadline for comment is also June 9, 2015. See http://164.64.110.239/nmregister/xxvi/xxvi06/xxvi06-online.pdf (p.

Clean Water Act (CWA)

North Carolina: Water

The Department of Environment and Natural Resources is proposing to amend 15A N.C. Admin. Code 07H .0304 and repeal 07K .0213 regarding coastal protection. Among other changes, amendments would remove the High Hazard Flood Area of Environmental Concern subcategory. Hearings will be held beginning April 28, 2015, and the deadline for comment is June 1, 2015. See http://www.ncoah.com/rules/register/Volume%2029%20Issue%2019%20April%201,%202015.pdf (pp. 2235-38).

Water

Oklahoma: Underground injection

The Department of Environmental Quality is proposing to amend various sections of Okla. Admin. Code §252:652 regarding underground injection regulation. Changes would eliminate the annual facility monitoring fee for Class I, III and V injection wells, and create new rules for regulating Class V injection wells. Public hearings will be held beginning May 5, 2015, and the deadline for written comment is May 4, 2015.

Underground injection

Oregon: Energy

The Department of Energy is proposing to amend Or. Admin. R. 345-022-0000 and 345-027-0070 regarding energy facility siting. The changes would update regulations to be consistent with statutory requirements, including language governing the department's balancing of public benefit and environmental impact when making energy facility siting determinations. A public hearing will be held on April 22, 2015, and the deadline for comment is April 23, 2015.

Energy

South Carolina: Underground Storage Tanks (USTs)

The Department of Health and Environmental Control is proposing to amend S.C. Code Ann. Regs. 61-92 regarding the regulation of underground storage tanks. Changes would require additional containment requirements for some systems located within 100 feet of a drinking water supply, coastal zone, or navigable water. A public hearing will be held May 7, 2015, and the deadline for written comment is April 27, 2015. See 39 S.C. Reg. pp. 37-39 (March 27 , 2015).

Underground Storage Tanks (USTs)

Utah: Clean Air Act (CAA)

The Department of Environmental Quality is proposing to amend Utah Admin. Code r.307-214-1 regarding hazardous air pollutants. The changes would incorporate amendments to the federal NESHAPs made by EPA between 2012 and 2014. The deadline for comment is May 1, 2015. See http://www.rules.utah.gov/publicat/bull_pdf/2015/b20150401.pdf (pp. 19-23).

Clean Air Act (CAA)

Utah: Clean Air Act (CAA)

The Department of Environmental Quality is proposing to amend Utah Admin. Code r.307-210 regarding stationary sources of air pollution. The changes would incorporate amendments to the federal New Source Performance Standards made by EPA in 2012. The deadline for comment is May 1, 2015. See http://www.rules.utah.gov/publicat/bull_pdf/2015/b20150401.pdf (pp. 17-19).

Clean Air Act (CAA)

Utah: Wildlife

The Department of Natural Resources is proposing to adopt Utah Admin. Code r.657-3 regarding possession and taking of wildlife. Changes would establish procedures for the controlled lethal take of prairie dogs and prohibit the live collection, importation, or possession of the species. The deadline for comment is May 1, 2015. See http://www.rules.utah.gov/publicat/bull_pdf/2015/b20150401.pdf (pp. 29-33).

Wildlife
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