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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 46, Issue 34

Arizona: Air (generally)

The Arizona Department of Environmental Quality (ADEQ) is proposing to amend Ariz. Admin. Code R18-2-715 and -715.01, concerning air pollution control. ADEQ is also proposing to add new rules applicable to two copper smelters. The proposed rulemaking aims to control lead and sulfur dioxide air pollution as part of the state's SIP. A public hearing will be held on January 9, 2017. Public comment will be accepted until January 9, 2017.

Air (generally)

Arizona: Toxic Substances (generally)

The Department of Environmental Quality proposes to enter into an updated delegation agreement to administer the provisions and enforcement of Ariz. Rev. Stat. §37-1383, concerning UST regulation. Changes include updating statutory citations and the addition of standard Arizona contract clauses, among other changes. Written comments will be accepted until December 18, 2016. See http://apps.azsos.gov/public_services/register/2016/47/contents.pdf (pp. 3252-53).

Toxic Substances (generally)

California: Pesticides

The Department of Pesticide Regulation proposes to adopt Cal. Code Regs. tit. 3, §6190, which would require registrants of all new copper-based antifouling paint and coating (AFP) products to submit estimated daily mean copper release rate. The proposed action, which would go into effect July 1, 2018, if adopted, establishes a maximum allowable copper leach rate for copper-based AFP products. Written comments will be accepted until 5:00pm on January 4, 2017. A public hearing is not scheduled, but can be requested until December 20, 2016.

Pesticides

California: Wildlife

The California State Lands Commission proposes rulemaking to Cal. Code Regs. tit. 2, §3-1-4.8, Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports. The proposed changes would establish regulations governing the management of biofouling, including recordkeeping and reporting, for vessels arriving at California ports. A public hearing will be held on January 10, 2017. Written comment will be accepted until January 10, 2017.

Wildlife

Illinois: Toxic Substances (generally)

The Department of Natural Resources proposes amendments to Ill. Admin. Code tit. 62, §240.340, pertaining to the Illinois Oil and Gas Act. Proposed amendments would change the Step-Rate Test to make it consistent with federal guidance and to protect drinkable water. Public comment will be accepted until January 2, 2017. See http://www.cyberdriveillinois.com/departments/index/register/register_volume40_issue47.pdf (pp. 15466-81).

Toxic Substances (generally)

Louisiana: Air (generally)

The Department of Environmental Quality gives notice that rulemaking procedures have been initiated to amend the air regulations at La. Admin. Code tit. 33, §III.501.B.2.e. Amended regulations may include the requirement to determine, document, and maintain records to demonstrate the potential or actual emissions of the facility. A public hearing will be held on December 28, 2016. Public comment will be accepted until January 4, 2017. See http://www.doa.la.gov/osr/REG/1611/1611.pdf (pp. 2060-61).

Air (generally)

Louisiana: Clean Air Act (CAA)

The Department of Environmental Quality gives notice that the Office of Environmental Services, Air Permits Division, will submit a proposed revision to the regional haze SIP as required by the CAA. Written comment will be accepted until 4:30pm on December 30, 2016. See http://www.doa.la.gov/osr/REG/1611/1611.pdf (pp. 2104-05).

Clean Air Act (CAA)

Maine: Toxic Substances (generally)

The Clean-up and Response Fund Review Board proposes amendments to Me. Code R. Chs. 3, 4, and 5, Appeals Procedure, Oil Importation Fees, and Documentation Requirements for Application to the State Fire Marshall for Coverage by the Maine Ground and Surface Water Response Fund at Above Ground Oil Storage Facilities.

Toxic Substances (generally)

Maryland: Underground injection

The Department of the Environment proposes amendments to Md. Code Regs. 26.08.07, Underground Injection Control. The proposed amendment aims to prohibit the construction of a Class II underground injection well in Maryland to benefit public healthy, safety, welfare, and the environment. Since Maryland currently has no Class II wells, this prohibition will completely eliminate any risk of earthquakes and groundwater contamination from underground injection of oil- and gas-related wastewater. Public comments will be accepted until December 28, 2016.

Underground injection

Massachusetts: Environmental Law and Policy/Governance

The Massachusetts Department of Environmental Protection (MassDEP) Division of Municipal Services released the 2017 Draft Intended Use Plans (IUPs) for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund. The draft IUPs list projects most significant in terms of public and environmental health that MassDEP will recommend to be financed through the Massachusetts Clean Water Trust. A public hearing will be held on January 4, 2017. Written comment will be accepted until 5:00pm on January 4, 2017.

Environmental Law and Policy/Governance

Montana: Environmental Law and Policy/Governance

The Fish and Wildlife Commission proposes amendments to Mont. Code Ann. §§12-11-501, 12-11-610, 12-11-630, 12-11-640, 12-11-645, 12-11-2206, and 12-11-4104, pertaining to recreational use on rivers in Montana. Proposed rulemaking is in response to the Quiet Waters Initiative, submitted by Backcountry Hunters and Anglers concerned about the threats of motorized watercraft to traditional and safe recreational usages. Public hearings will be held on January 3-5 and 9-11, 2017. Written comment may be submitted until January 13, 2017.

Environmental Law and Policy/Governance

Nebraska: Underground injection

The Nebraska Oil and Gas Conservation Commissioner proposes amendments to 267 Neb. Admin. Code §4, Underground Injection. Proposed amendments regard rules and regulations to well infrastructure requirements, compliance monitoring, in addition to other rulemaking revisions. A public hearing will be held on January 24, 2017. See http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001716

Underground injection

Pennsylvania: Air (generally)

The Department of Environmental Protection proposed revisions to Appendix E of the Annual Ambient Air Monitoring Network Plan, now available for public comment. The plan was revised to meet air quality requirements outlined in EPA's sulfur dioxide Data Requirements Rule. Public comment will be accepted until December 19, 2016. See http://www.pabulletin.com/secure/data/vol46/46-47/46-47.pdf (pp. 7393-94).

Air (generally)