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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 48, Issue 15

Alaska: Water

The Department of Environmental Conservation proposed to amend its public water drinking system regulations at Alaska Admin. Code tit. §80. The amendments include correcting typos or grammatical errors, correcting statutory authority citations, and updating cross references, and terminology throughout the chapter. The amendments also include edits to make the regulations more clear, readable, and understandable.

Water

California: Air quality

The California Air Resources Board proposed amendments to Cal. Code Regs. tit. 13, §§1956.8, 2035, 2036, and 2040, concerning motor vehicle emissions. The proposed amendments address emission control system warranty regulations and maintenance provisions for on-road heavy-duty diesel vehicles with gross vehicle weight ratings greater than 14,000 pounds and heavy-duty diesel engines in such vehicles.

Air quality

Colorado: Ozone-depleting chemicals

The Department of Public Health and the Environment proposed to amend 5 Colo. Code Regs. §1001-9, Control of Ozone via Ozone Precursors and Control of Hydrocarbons via Oil and Gas Emissions (Regulation No. 7). The amendments would revise Regulation Number 7 to satisfy reasonably available control technology (RACT) requirements for moderate nonattainment areas by establishing categorical RACT requirements for major sources of nitrogen oxides in the Denver Metro and North Front Range nonattainment area.

Ozone-depleting chemicals

Massachusetts: Climate Change (generally)

The Department of Environmental Protection proposed amendments to 310 Mass. Code Regs. 7.70, Carbon Dioxide Budget Trading Program. The revisions would implement program changes resulting from the 2016 Regional Greenhouse Gas Initiative Program Review. Hearings will be held on May 30 and 31, 2018. Comments are due June 11. Seehttps://www.mass.gov/files/documents/2018/05/03/770-notice18.pdf.

Climate Change (generally)

Mississippi: Air quality

The Department of Natural Resources proposes to amend Mo. Code Regs. tit. 10, §10-6.030, Sampling Methods for Air Pollution Sources. The proposed rulemaking would make the rule compliant with Executive Order 17-03 and would update incorporations by reference. A hearing will be held July 26, 2018. Comments are due August 2. Seehttps://www.sos.mo.gov/CMSImages/AdRules/moreg/2018/v43n10May15/v43n10a.pdf(pp. 1024-26).

Air quality

Missouri: Air quality

The Department of Natural Resources proposes to amend Mo. Code Regs. tit. 10, §10-6.200, Hospital, Medical, Infectious Waste Incinerators. This amendment would incorporate by reference the federal regulatory requirements for existing hospital, medical, and infectious waste incinerators. This rulemaking would also remove the unnecessary use of restrictive words and update/add incorporations by reference as applicable. A hearing will be held July 26, 2018.

Air quality

Missouri: Hazardous

The Department of Natural Resources proposes to amend Mo. Code Regs. tit. 10, §80-9.030, Scrap Tire Grants. The proposed rulemaking would clarify the department’s oversight of the scrap tire clean-up program as well as components of the processes and criteria required to ensure adequate grant performance and accountability. A hearing will be held August 21, 2018.

Hazardous

Missouri: Ozone-depleting chemicals

The Department of Natural Resources proposes to amend Mo. Code Regs. tit. 10, §10-6.040, Reference Methods. The proposed rulemaking would, among other things, update the incorporation by reference date to include the latest Federal Register notices that promulgated new equivalency methods for monitoring ambient air concentrations of carbon monoxide, nitrogen dioxide, ozone, lead, and particulate matter. A hearing will be held July 26, 2018.

Ozone-depleting chemicals

Missouri: Stationary sources

The Department of Natural Resources proposes to amend Mo. Code Regs. tit. 10, §10-5.570, Control of Sulfur Emissions From Stationary Boilers. The proposed rulemaking would remove the unnecessary use of restrictive words, update incorporation by reference information, add definitions specific to this rule, and make administrative updates. A hearing will be held July 26, 2018.

Stationary sources

Missouri: Stationary sources

The Department of Natural Resources proposes to amend Mo. Code Regs. tit. 10, §10-2.340, Control of Emissions From Lithographic and Letterpress Printing [Installations] Operations. The proposed rulemaking would remove the unnecessary use of restrictive words, update incorporation by reference information, add definitions specific to this rule, and make administrative updates. It would also replace the word "installations" with "operations" in the title for consistency with its St. Louis area counterpart rule. A hearing will be held July 26, 2018.

Stationary sources

Nevada: Quality

The State Environmental Commission proposed to amend Nev. Admin. Code ch. 445A, Water Controls. The proposed revisions, which pertain to mining, are intended to prevent the degradation of waters of the state resulting from mining facilities. Seehttps://www.leg.state.nv.us/Register/2018Register/R046-18RP2.pdf.

Quality

New York: Stationary sources

The Department of Environmental Conservation proposed to amend N.Y. Comp. Codes R. & Regs. pts. 200 and 251, Carbon Dioxide (CO2) Emissions Standards for Major Electric Generating Facilities. The proposed revisions to Part 251 would establish CO2 emission rate requirements applicable to non-modified existing major electric generating facilities, and revisions to Part 200 would update incorporated references to federal rules.

Stationary sources

North Carolina: Quality

The Department of Environmental Quality proposed amendments to 15A N.C. Admin. Code. 02B, Surface Water Standards. Among other things, the proposed revisions comprise the state's Triennial Review of Surface Water Quality Standards mandated by the federal CWA. Hearings will be held July 2 and July 11, 2018. Seehttp://www.ncoah.com/rules/register/Volume%2032%20Issue%2022%20May%2015,%202018.pdf(pp. 2411-93).

Quality

Oklahoma: Air quality

The Department of Environmental Quality proposed new rulemaking at Okla. Admin. Code §252:100-37-27, Control of Emission of VOCs From Aerospace Industries Coatings Operations.

Air quality