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Current State Update

Volume 44, Issue 33

Alaska: State implementation plans (SIPs)

The Department of Environmental Conservation is proposing amendments to Alaska Admin. Code tit. 18, §50 regarding air quality regulations and SIP for the Fairbanks North Star Borough PM-2.5 nonattainment area. Changes would address the use of wood stoves and solid fuel heating devices, outdoor open burning, visible emissions, commercial wood selling, and the grandfathering of wood stoves from emission standards. The proposal would also add clarifying language regarding a local government's powers or obligations and establish federally required air episode levels for PM-2.5.

State implementation plans (SIPs)

Arizona: Pesticides

The Department of Agriculture is proposing to amend various sections of Ariz. Admin. Code §4-29 regarding pest management. The amendments would change several fee structures and application regulations and allow industrial license holders to perform all methods of mosquito control. A public hearing will be held December 16, 2014, and the deadline for comment is December 15, 2014. See http://www.azsos.gov/public_services/Register/2014/46/proposed.pdf.

Pesticides

Colorado: Natural Disasters

The Department of Public Safety is proposing new rules under 8 Colo. Code Regs. §1507-32 regarding prescribed burning. The new regulations would establish minimum standards for all prescribed burning in the state. A public hearing will be held on December 9, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=11/10/2014 (pp. 232-243).

Natural Disasters

Colorado: Quantity

The Department of Natural Resources is proposing to amend 2 Colo. Code Regs. §402-16 regarding groundwater diversions in the Republican River basin. Among other changes, the amendments would extend the southern boundary of the regulated area to include additional wells. A public hearing will be held on December 16, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=11/10/2014 (pp. 85-102).

Quantity

Colorado: Radiation

The Department of Public Health and Environment is proposing amendments to 6 Colo. Code Regs. §1007-1 regarding radiation control. The changes would strengthen training requirements for computed tomography operators. A public hearing will be held December 17, 2014, and the deadline for comment is December 11, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=11/10/2014 (pp. 163-190).

Radiation

Florida: Collection and disposal

The Department of Environmental Protection is developing the proposed Fla. Admin. Code Ann. r.62-701.730 regarding construction and demolition debris recycling and disposal. The new rule would require all construction and demolition debris to be processed before disposal. The adoption is necessary to meet requirements set forth in Fla. Stat. §403.707(9). A rule development workshop will be held on December 5, 2014.

Collection and disposal

Florida: Navigable waters

The Inland Navigation District is proposing to amend Fla. Admin. Code Ann. r.66B-1.004, 1.008, 2.004 and 2.008 regarding administration of the district's Cooperative Assistance Program. Changes would clarify project eligibility, provide consistent use of rule definitions and increase project funding availability. If requested by December 1, a public hearing will be held December 4, 2014, and the deadline for comment is December 1, 2014.

Navigable waters

Florida: Quantity

The Southwest Florida Water Management District is proposing to amend Fla. Admin. Code Ann. r.40D-8.642 regarding minimum lake water levels. The changes would revise minimum and guidance levels for three lakes in Hillsborough County. The deadline to request a public hearing is December 4, 2014, and the deadline for comment is also December 4, 2014. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2014/40221/40221doc.pdf (pp. 4983-85).

Quantity

Georgia: State implementation plans (SIPs)

The Department of Natural Resources Environmental Protection Division is proposing to amend Ga. Comp. R. & Regs.391-3-1-.03(8) regarding air quality control. Changes would remove the fine particulate matter nonattainment new source review requirements for the Macon area and for Floyd County. A public hearing will be held on December 5, 2014, and the deadline for comments is December 8, 2014.

State implementation plans (SIPs)

Iowa: Sustainability

The Utilities Board adopted amendments to Iowa Admin. Code r.15.19 and .21 regarding renewable energy tax credits. Among other changes, the amendments will extend the last year for tax credit issuance from 2024 to 2026 and allow cogeneration facilities associated with an ethanol plant to receive tax credits for heat and power generation. This adoption will reflect legislative changes to Iowa Code §476C without revision. The amendments will go into effect December 17, 2014.

Sustainability

Massachusetts: State revolving loan funds, §1452

The Department of Environmental Protection is seeking comment on its Draft Intended Use Plans for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund. The purpose of the plans is to assist communities and public water suppliers in implementation of the federal SDWA. Public hearings will be held on December 10, 2014, and the deadline for comment is also December 10, 2014.

State revolving loan funds, §1452

New Hampshire: Contaminated Sites/Brownfields

The Department of Environmental Services is proposing to amend various sections of N.H. Code R. Env-Or 800 regarding the state's brownfield program. Changes would move statutory definitions to an appendix, clarify existing requirements and incorporate application forms by reference. A public hearing will be held January 9, 2015, and the deadline for comment is January 30, 2015. See http://www.gencourt.state.nh.us/rules/register/2014/november-20-14.pdf (pp. 8-9).

Contaminated Sites/Brownfields

New Hampshire: Contaminated Sites/Brownfields

The Department of Environmental Services is proposing to amend various sections of N.H. Code R. Env-Or 600 regarding contaminated site management. Among other changes, the amendments would modify ambient groundwater quality standards, modify soil remediation standards and revise the procedure for obtaining waivers. A public hearing will be held January 9, 2015, and the deadline for comment is January 30, 2015.

Contaminated Sites/Brownfields

New Hampshire: Hazardous Substances

The Department of Environmental Services is proposing to amend N.H. Code R. Env-Or 700 regarding groundwater release detection permits. Among other changes, the amendments would update standards incorporated by reference and modify the time period for filing a renewal application. A public hearing will be held January 9, 2015, and the deadline for comment is January 30, 2015. See http://www.gencourt.state.nh.us/rules/register/2014/november-20-14.pdf (pp. 6-7).

Hazardous Substances

New Hampshire: Pesticides

The Pesticide Control Board is proposing to amend various sections of N.H. Code R. Pes 600 regarding the use of pesticides in aquatic environments. Among other changes, the amendments would clarify necessary qualifications of water samplers and revise pesticide treatment notification procedures. A public hearing will be held on January 5, 2015, and the deadline for comment is January 16, 2015. See http://www.dli.mn.gov/PDF/docket/1323docket.pdf. (pp. 3-4).

Pesticides

New Jersey: Wildlife

The Department of Environmental Protection is proposing to amend N.J. Admin. Code §7:25-4.3 regarding possession of nongame and exotic species. The amendments would add bison, llama, alpaca, guanaco, emu, ostrich, greater rhea, and lesser rhea to lists of animals exempted from the department's possession permit requirements. The deadline for comment is January 16, 2015. See http://www.nj.gov/dep/rules/notices/20141117b.html.

Wildlife

New Mexico: Solid waste combustion, §129

The Environment Department is proposing to amend N.M. Code R. §20.2.1 regarding the state's SIP. Changes would codify the department's authority to request and receive documents from regulated sources in electronic form. A public hearing will be held on January 23, 2015, and the deadline for comment is also January 23, 2015. See http://164.64.110.239/nmregister/xxv/xxv21/EIBnotice.pdf.

Solid waste combustion, §129

New York: Energy

The Department of Environmental Conservation has revised its proposal to adopt N.Y. Comp. Codes R. & Regs. tit. 6, §570 regarding liquefied natural gas. The rule would establish criteria for the siting and permitting of liquefied natural gas facilities. See http://docs.dos.ny.gov/info/register/2014/nov12/pdf/rulemaking.pdf.

Energy

Pennsylvania: Fisheries

The Fish and Boat Commission is proposing amendments to 58 Pa. Code §57.8a regarding Class A wild trout streams. Changes would add 10 stream sections to the state's Class A Wild Trout Stream list. Deadline for comment is December 15, 2014. See http://www.pabulletin.com/secure/data/vol44/44-46/2402.html.

Fisheries

Pennsylvania: State implementation plans (SIPs)

The Department of Environmental Protection is seeking comment on its SIP revision, Redesignation Request and Maintenance Plan for the Pittsburgh-Beaver Valley PM-2.5 Nonattainment Area. The area is monitoring attainment of the 1997 annual and the 2006 24-hour PM-2.5 NAAQS. A public hearing will be held December 16, 2014, and the deadline for comment is also December 16, 2014. See http://www.pabulletin.com/secure/data/vol44/44-46/2371.html.

State implementation plans (SIPs)