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News & Analysis In the States Volume 50, Issue 5

Vermont: Underground storage tanks (USTs)

The Vermont Department of Environmental Conservation proposed to ammend the underground storage tank rules. The amendments would eliminate the requirement that permit renewals and changes of ownership must be posted on the environmental notice bulletin for two weeks before a permit can be issued and change the definitions of “minor alteration” and “substantial alteration” so that replacement of sumps, spill buckets, and piping that can be pulled through an existing chase will not require a construction permit. A hearing will be held April 30, 2020. Comments are due May 8, 2020.

Underground storage tanks (USTs)

California: Waste (generally)

The California Water Resources Control Board proposed to amend Cal. Code Regs. tit. 14, §17989. The amendments would establish criteria to determine the types of food service packaging that are reusable, recyclable, or compostable as required by the Sustainable Packaging for the State of California Act. A hearing will be held April 28, 2020. Comments are due that same date.

Waste (generally)

Oregon: Climate Change (generally)

The Oregon Department of Fish and Wildlife proposed to adopt a climate and ocean change policy to ensure that the Department responds strategically to the threat of climate and ocean change on native fish and wildlife, makes the most efficient use of its limited resources, and demonstrates leadership in addressing underlying causes by reducing the Department’s own carbon footprint. A hearing will be held April 17, 2020, and comments are due that same date.

Climate Change (generally)

Georgia: Air (generally)

The Georgia Department of Natural Resources proposed to amend Ga. Comp. R. & Regs. 391-3-1, Georgia’s Rules for Air Quality Control. The amendments would add a new annual maintenance fee for Title V sources, specify the dollar-per-ton rate for annual emission fees, and reference the Fee Manual for state fiscal year 2021 fees. A hearing will be held March 30, 2020. Comments are due April 6, 2020.

Air (generally)

District of Columbia: Land Use (generally)

The Zoning Commission for the District of Columbia proposed to amend D.C. Mun. Regs. tit. 11, §1102. The amendments would change certain uses currently prohibited in the 100-year floodplain to be permitted by special exception subject to specific criteria and review and report by the District Department of Energy and Environment. Comments are due April 5, 2020. See https://www.dcregs.dc.gov/Common/NoticeDetail.aspx?NoticeId=N0090617.

Land Use (generally)

Colorado: Air (generally)

The Colorado Air Quality Control Commission proposed to adopt 5 Colo. Code Regs. §1001-26. The adoption would establish reporting requirements for greenhouse gas (GHG) emitting entities and an additional GHG reduction strategy toward addressing statewide reduction goals. A hearing will be held May 20, 2020. Comments are due May 1, 2020. See https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=03/10/2020 (pp. 206-40).

Air (generally)

Colorado: Air (generally)

The Colorado Air Quality Control Commission proposed to amend 5 Colo. Code Regs. §1001-10. The amendments would incorporate by reference additions and changes to EPA’s new source performance standards, NESHAPs, and maximum achievable control technology standards. A hearing will be held May 21, 2020. Comments are due May 1, 2020. See https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=03/10/2020 (pp. 130-59).

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Air (generally)

California: Water (generally)

The California Water Resources Control Board proposed to amend Cal. Code Regs. tit. 22, §64432. The amendments would reduce the detection limit for purposes of reporting for perchlorate from 0.004 to 0.002 mg/L. A hearing will be held April 28, 2020. Comments are due May 1, 2020. See https://oal.ca.gov/wp-content/uploads/sites/166/2020/03/2020-10-Z-March-6-2020.pdf (pp. 356­-63).

Water (generally)

Alaska: Natural Resources (generally)

The Alaska Department of Environmental Conservation proposed to amend the regulations for proof of financial responsibility that must be provided by persons who operate certain oil facilities and vessels. The proposed amendments would increase the dollar amounts of proof of responsibility by 4.5%. Comments are due April 6, 2020. See https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=197334.

Natural Resources (generally)

Alabama: Water (generally)

The Alabama Department of Environmental Management proposed to adopt Ala. Admin. Code r. 335-6-5-.23. The adoption would establish requirements for dental dischargers. A hearing will be held April 13, 2020. Comments are due that same date. See http://www.alabamaadministrativecode.state.al.us/JCARR/JCARR-FEB-20/ADEM%20335-6-5-.23.pdf.

Water (generally)