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State Update Volume 44, Issue 27

Wisconsin: Sustainability

The Public Service Commission (PSC) proposed amendments to Wis. Admin. Code PSC §§112, 133, and 184, pertaining to proposed utility projects and displacement facilities. The changes would ensure that the rules are consistent with the Wisconsin Statutes, to which changes were adopted in 2011 and 2013, pertaining to cost thresholds for proposed utility projects, and displacement percentages that apply in renewable energy situations.  A public hearing will be held September 30, 2014, and the deadline for comment is October 14, 2014.


Wisconsin: Natural Resources

The Department of Natural Resources proposed amendments to Wis. Admin. Code NR §150, as presented in Emergency Board Order OE-10-14(E), which discusses environmental analysis protocol under EPA. The rule was instated to incorporate clarified procedures for review and analysis of new rules, ensuring that the proposed updated chapter achieves its intended purpose and passes without delay or complications. The deadline for comment is October 13, 2014, and a public hearing will be held September 26, 2014.

Natural Resources (generally)

Washington: Toxic Substances

The Department of Ecology repealed Wash. Admin. Code §173-322, adopting §173-322A, Remedial action grants and loans, in its place. The new chapter incorporates updates to the Model Toxics Control Act, Wash. Rev. Code §70.105D, which were passed in 2013 to establish new funding priorities and changes to the program largely pertaining to grant agreements, cash management, and reimbursements. See http://apps.leg.wa.gov/documents/laws/wsr/2014/18/14-18PERM.pdf.

Toxic Substances (generally)

Washington: Sustainability

The Utilities and Transportation Commission proposed amendments to Wash. Rev. Code §19.285, pertaining to electric companies’ acquisition of minimum quantities of conservation and renewable energy. The changes update public advisory requirements, as well as the protocol that investor owned utilities are required to follow to meet statutory requirements. A public hearing will be held November 5, 2014, and the deadline for comment is October 6, 2014.


Virginia: Infrastructure

The State Corporation Commission proposed amendments to 20 Va. Admin. Code 5-318, Water and Wastewater Infrastructure Service Charge, adding §§10 and 20. The changes would incorporate rules allowing Va. water and wastewater utilities to recover the costs of updating aging infrastructure by applying for commission approval of a water and wastewater infrastructure service charge. The rule would prioritize highest risk facilities by accelerating their applications. The deadline for comment is November 7, 2014.


Utah: Quality

The Department of Environmental Quality, Division of Water Quality changed a proposed rule, Utah Admin. Code §R317-1-3(3.3), pertaining to requirements to waste discharges. The modifications address public concerns following the comment period, regarding the efficacy and reality of implementation of Technology-Based Phosphorous Effluent Limits, exceptions to the rule, and water quality monitoring requirements. The second comment period ends October 15, 2014, and the rule is predicted to become effective on October 22, 2014.


South Carolina: State implementation plans (SIPs)

The Department of Health and Environmental Control gave final notice of its amendment to the S.C. SIP. The changes were enacted to incorporate the Rock Hill Fort Mill Area Transportation Study Metropolitan Planning Organization 8-hour ozone nonattainment area for the 2008 NAAQS. See http://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=sr38-8.pdf.

State implementation plans (SIPs)

Rhode Island: Fisheries

The Department of Environmental Management, Division of Fish and Wildlife, Marine Fisheries proposed to repeal and institute new Finfish, Shellfish, Crustacean Management Plans for 2015, as well as amendments to the RI Marine Fisheries regulations, and Commercial and Recreational Saltwater Fishing Licensing Regulations. A hearing will be held September 30, 2014, and the deadline for comment is 12:00 noon of the same day. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn093014.htm.


Oklahoma: Greenhouse gases

The Department of Environmental Quality proposed to update Okla. Admin. Code 252:100, pertaining to Air Pollution Control. Changes would be added to Appendix Q, Incorporation by Reference, to include the more recent updates to EPA regulations, specifically addressing facilities at Kraft pulp mills and Global Warming Potentials used in determining CO2 equivalent emissions for GHG regulations. A hearing will be held Wednesday, October 15, 2014, and the deadline for comment is October 15, 2014. See http://www.deq.state.ok.us/aqdnew/council_mtgs/oct14/2014_OCT_Notice.pdf.

Greenhouse gases

Ohio: Solid

The Ohio Environmental Protection Agency proposed amendments to Ohio Admin. Code 3745-27-52 and -78 through -79, pertaining to solid waste incinerator and scrap tire rules. Specific changes pertain to the beneficial use of tire scraps, operation of solid waste incinerator or solid waste energy recovery facilities, and soil, surface water, and ground water contamination characterization and remediation caused by scrap tire burning. A public hearing will be held October 20, 2014 and the deadline for comment is October 20, 2014.