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State Update Volume 44, Issue 31

Texas: State programs, §402(b)

The Commission on Environmental Quality is proposing the renew and amend Texas PDES General Permit TXG670000 regulating the discharge of hydrostatic test water. The commission expects no significant degradation of water quality and for existing water body uses to be maintained and protected. Additionally, some dischargers will be required to submit a notice of intent before obtaining discharge authorization. See http://www.sos.state.tx.us/texreg/pdf/backview/1024/1024is.pdf (p. 8447).

State programs, §402(b)

Tennessee: Quality

The Department of Environment and Conservation is proposing Tenn. Comp. R. & Regs. 0400-45-01-.41 to establish a revised total coliform rule and related amendments. The rulemaking is in response to U.S. EPA’s Revised Total Coliform Rule published in February, 2013. A public hearing will be held December 17, 2014, and the deadline for comment is also December 17, 2014. See http://state.tn.us/sos/rules_filings/10-12-14.pdf.


South Carolina: Clean Air Act (CAA)

The Department of Health and Environmental Control is seeking public comment on its implementation and enforcement plan for commercial and industrial solid waste incinerator (CISWI) units before submission to U.S. EPA. Development and submission of the plan is pursuant to CAA sections 111 and 129. A public hearing will be held on November 24, 2014, and the deadline for comment is also November 24, 2014. See 38 S.C. Reg. 5-6 (October 24, 2014).

Clean Air Act (CAA)

Pennsylvania: Regulations

The Environmental Quality Board proposes to amend 25 Pa. Code §86.162 regarding reclamation of surface mining sites. Amendments include providing financial incentives to surface mine operators who reclaim sites with bioenergy crops. The deadline for comment is November 24, 2014. See http://www.pabulletin.com/secure/data/vol44/44-43/2187.html.


Pennsylvania: Hydraulic Fracturing

The Department of Environmental Protection is extending the comment period on the Standards and Guidelines for Identifying, Tracking and Resolving Oil and Gas Violations. The guidelines will replace a 2005 policy and reflect recent changes in oil and gas development in the state. The new deadline for comment is November 18, 2014. See http://www.pabulletin.com/secure/data/vol44/44-43/2196.html.

Hydraulic Fracturing

New Hampshire: Clean Air Act (CAA)

The Department of Environmental Services is proposing to amend N.H. Code Admin. R. Ann. Env-A 4100 regarding volatile organic compound (VOC) limits. The amendments would postpone the January 1, 2015, implementation of the new VOC limits to January 1, 2017. A public hearing will be held in November 21, 2014, and the deadline for comment is December 2, 2014. See http://www.gencourt.state.nh.us/rules/register/2014/october-30-14.pdf (pp. 1-2).

Clean Air Act (CAA)

Missouri: Invasive Species

The Department of Conservation is proposing to amend Mo. Code Regs. tit. 3, §10-4.117 concerning prohibited species. The changes would add round goby and tubenose goby to the list of prohibited fish to help prevent the introduction and spread of the invasive species in the state. The deadline for comment is December 3, 2014. See http://www.sos.mo.gov/adrules/moreg/current/v39n21/v39n21f.pdf (p. 1772).

Invasive Species

Minnesota: Local regulation

The Department of Agriculture has released a scoping document for the special registration review of neonicotinoid insecticides. This document sets forth the criteria to be used in the review of neonicotinoids requested by the state legislature and is available for review on the agency’s website. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_17.pdf (p. 586).

Local regulation

Massachusetts: Sustainability

The Department of Environmental Protection is proposing to adopt 310 Mass. Code Regs. 60.05 regarding the implementation of the state’s Climate Protection and Green Economy Act. The rule would require the state Department of Transportation to demonstrate reductions in greenhouse gas (GHG) emissions and various transportation agencies to consider the impacts of GHG emissions when prioritizing and selecting projects. Public hearings will be held on November 6, 2014, and the deadline for comment is November 17, 2014.


Iowa: Quality

The Natural Resource Commission has adopted rules amending Iowa Admin. Code r. 571-54.5 regarding the removal of aquatic plant life. The changes grant dock owners more authority to remove aquatic vegetation surrounding their structures without permits. The amendments go into effect on December 3, 2014. See https://www.legis.iowa.gov/docs/aco/bulletin/10-29-2014.pdf (pp. 802-03).