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State Update Volume 44, Issue 29

Pennsylvania: State implementation plans (SIPs)

The Department of Environmental Protection is seeking comments before requesting the U.S. EPA to redesignate the Johnstown Area from nonattainment to attainment for PM2.5 under the Clean Air Act. Comments are also sought on the revised State Implementation Plan and a maintenance plan for that area. A public hearing will be held on November 5, 2014 and the deadline to reserve time to testify is November 3. The deadline for comment is November 7, 2014.

State implementation plans (SIPs)

North Carolina: Pesticides

The Department of Agriculture and Consumer Services Pesticide Board is proposing to adopt 02 N.C. Admin Code 09L .0707, which would declare the Eastern and Hairy-tailed moles to be pests. The proposed rule regulates the use of pesticides to control the moles including limiting the areas where they can be used and their application near water bodies. The deadline for comment is December 15, 2014.

Pesticides

New York: Fisheries

The Department of Environmental Conservation is proposing to amend N.Y. Comp. Codes R. & Regs. tit. 6, §§ 10.1-10.9, 18.1, 19.2 and 35.2 to revise sportfishing regulations following a biannual review. Proposed amendments also include regulation of commercial baitfish collection and sales. No hearing has been scheduled. See http://docs.dos.ny.gov/info/register/2014/oct15/pdf/rulemaking.pdf (pp. 7-9).

Fisheries

New Jersey: Shoreline use

The Department of Environmental Protection is proposing changes to fees concerning permits under the Coastal Permit Program Rules (N.J. Admin. Code § 7:7), Freshwater Wetlands Protection Act Rules (N.J. Admin. Code § 7:7A) and the Flood Hazard Area Control Act Rules (N.J. Admin. Code § 7:13). The proposed fee structure is based on the area of land impacted instead of project cost. The deadline for comment is November 1, 2014. See http://www.nj.gov/dep/rules/notices/20140902a.html.

Shoreline use

Montana: Wolves

The Department of Fish, Wildlife and Parks declined to adopt proposed MAR Notice No. 12-437 pertaining to Wolf Management Stamps. The rule would have initiated a program where citizens could purchase stamps to donate to the department’s wolf management programs. After public hearings on August 14, 2014 and receiving over 50,000 comments, the department decided to meet with stakeholders to explore future recommendations. See http://sos.mt.gov/arm/Register/archives/MAR2014/MAR14-19.pdf.

Wolves

Wyoming: Hazardous Substances

The Department of Environmental Quality, Solid and Hazardous Waste Division is proposing comprehensive revision of Wyoming’s Hazardous Waste Rules and Regulations, reducing the regulations to a single chapter by using Incorporation By Reference (IBR) of relevant portions of Title 40 of the Federal Code of Regulations. The deadline for comment is December 10, 2014 and public hearings will be held on January 14 and 15, 2015.

Hazardous Substances

Utah: Quality

The Department of Environmental Quality’s Division of Water Quality is proposing changes to Proposed Rule R317-1-3 regarding requirements for nutrient discharges. The modifications would clarify economic hardship exceptions, give the division Director authority to make determinations that “no reasonable potential to discharge” exists and extend the start date for self-implementation of nitrogen and phosphorus monitoring my six months. The deadline for comment is November 14, 2014.

Quality

Texas: Agriculture

The Department of Agriculture is proposing changes to sections of 4 Tex. Admin. Code §§18.702 and 18.705, relating to organic standards and certifications. The department is proposing a new fee structure or, to discontinue the program if participants do not support the restructuring. The changes are needed to comply with new state legislation requiring the program to generate enough revenue to offset costs. The deadline for comment is November 10, 2014.

Agriculture

Minnesota: Quality

The Minnesota Pollution Control Agency is soliciting comments on new Minn. Rules Chapters 7001 and 7002, Wastewater Laboratory Certification and Fees. The regulations pertain to certification of laboratories carrying out wastewater or water analytical work, and certification process fees. The deadline for comment is November 7, 2014. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_14.pdf (p. 492).

Quality

Minnesota: Water

The Board of Water and Soil Resources will adopt permanent amendments to Rules Governing Metropolitan Area Local Water Management, Minn. Rules Chapter 8410. Changes repeal parts 8410.0070, 8410.0090 to 8410.0130, and 8410.0170, pertaining to the Twin Cities Metropolitan Area local water management rules. The deadline for comment is November 10, 2014. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_14.pdf (p. 445).

Water (generally)