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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 7

Alabama: Solid

The Alabama Department of Environmental Management proposed revisions to Ala. Admin. Code 335-13, Solid Waste Program. The revisions, which would adopt regulations for the management of coal combustion residuals (CCR), would mirror the federal rule wherever possible and would create a permitting program for CCR units. Other proposed revisions would reflect updated rulemaking regarding the local host governmental approval process and would amend the definition of "municipal solid waste landfill unit" to make it consistent with U.S. EPA’s Hazardous Waste Generator Improvements Rule.


California: Toxic Substances (generally)

The Office of Environmental Health Hazard Assessment proposed to amend Cal. Code Regs. tit. 27, art. 6, Clear and Reasonable Warnings, by adopting §§25607.34 and 25607.35. The amendments concern exposures to listed chemicals that can occur at residential rental properties. A public hearing will be held on April 2, and public comments are due April 16. See https://oal.ca.gov/wp-content/uploads/sites/28/2018/03/9z-2018.pdf (pp. 354-57).

Toxic Substances (generally)

Delaware: Air quality

The Department of Natural Resources and Environmental Control amended 7 Del. Admin. Code §1140, Delaware Low Emission Vehicle Program. The amendment updates the adoption by reference of the California standards in Table 1 of §114. These updates are necessary to conform to the federal CAA and to Delaware's SIP. Several non-substantive technical corrections were also adopted.

Air quality

Delaware: Air quality

The Department of Natural Resources and Environmental Control amended 7 Del. Admin. Code §1136, Acid Rain Program. The amendments reflect updates to the federal Acid Rain Program. The amendments go into effect on March 11, 2018. See http://regulations.delaware.gov/register/march2018/final/21%20DE%20Reg%20728%2003-01-18.htm.

Air quality

Delaware: Stationary sources

The Department of Natural Resources and Environmental Control repealed 7 Del. Admin. Code §1123, Standards of Performance for Steel Plants: Electric Arc Furnaces. Currently, there is no source in Delaware to which this regulation applies, and other more restrictive state and federal requirements would apply should a new electric arc furnace be constructed here in Delaware in the future.

Stationary sources

Georgia: Air quality

The Georgia Department of Natural Resources proposed amendments to Ga. Comp. R. & Regs. 391-3-1, Air Quality Control. The revisions are necessary to comply with §§161, 172, and Title V of the federal CAA. A public hearing will be held on April 12, and comments are due April 18, 2018. See https://epd.georgia.gov/sites/epd.georgia.gov/files/PublicNotice_NAA_NSR_Removal03082018.pdf.


Air quality

Kansas: Water

The Department of Health and Environment announced that it has received and/or prepared various draft water pollution control documents and permit applications for discharges to waters of the United States and the state of 


Maine: Sustainability

The Land Use Planning Commission adopted amendments to Ch. 10, Land Use Districts and Standards, to allow development of grid-scale solar energy generation facilities with a permit in the Commercial Industrial Development Subdistrict (D-CI). The revisions include a set of criteria that help identify eligible locations for redistricting to D-CI for the purpose of developing a grid-scale solar energy generation facility.


Mississippi: Hazardous

The Department of Environmental Quality proposed to amend 11 Miss. Admin. Code Pt. 3, Ch. 1, Mississippi Hazardous Waste Management Regulations. The proposed revisions would amend the present regulations to include the Generator Improvements Rule promulgated by U.S. EPA on November 28, 2016. A hearing will be held on April 10, 2018. Seehttp://www.sos.ms.gov/adminsearch/ACProposed/00023204a.pdf.


New Mexico: Energy (generally)

The Oil Conservation Division proposed to amend N.M. Code R. §§19.15.2, 19.15.4, 19.15.14, 19.15.15, and 19.15.16, concerning the drilling, spacing, and operation of horizontal wells. The proposed changes would adapt the spacing and setback requirements for horizontal wells to the unique nature of those wells, maximize such wells’ efficiency by eliminating unnecessary restrictions on production, and clarify matters that are uncertain in existing rules. A public hearing will be held on April 17, 2018.

Energy (generally)

Oregon: Regulations

The Department of State Lands proposed to amend rules for the General Authorization for Recreational Placer Mining. Revisions are needed to streamline the process for administering removal-fill permits, reduce paperwork, increase certainty and timeliness, and enhance resource protection.


Utah: Air (generally)

The Department of Environmental Quality proposes amendments to its 2010 nitrogen dioxide infrastructure SIP. The revisions address prongs 1 and 2 of CAA §110(a)(2)(D)(i) to ensure they adequately address its interstate transport obligations following the U.S. Supreme Court's decision in EPA v. EME Homer City Generation, L.P., 44 ELR 20094 (U.S. 2014).

Air (generally)