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Current State Update

Volume 44, Issue 31

Alabama: Hazardous Substances

The Department of Environmental Management is proposing to amend Ala. Admin. Code r. 335-14 concerning hazardous waste disposal. Changes include new regulations for solvent-contaminated wipes. A public hearing will be held December 10, 2014, and the deadline for comment is also December 10, 2014. See http://www.adem.state.al.us/newsEvents/notices/oct14/10div14.htm.

Hazardous Substances

Arizona: Sustainability

The Department of Environmental Quality (DEQ) is proposing to amend Ariz. Admin. Code §§R18-9-1002, 1015 to repeal the prohibition on biosolids incineration. The changes will bring the DEQ regulations into compliance with U.S. EPA requirements and allow biosolids incineration to be used in alternative energy generation. A public hearing will be held December 1, 2014, and the deadline for comment is also December 1, 2014.


Colorado: Collection and disposal

The Department of Public Health and Environment is proposing to amend 6 Colo. Code Regs. §1007-2 pertaining to the disposal and use of used tires. The amendments include new standards for mobile waste tire processors, the management of used tires and the administration of fees associated with the waste tire programs. A public hearing will be held November 18, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=10/25/2014 (pp. 564-671).

Collection and disposal

Colorado: Energy

The Department of Natural Resource’s Oil and Gas Conservation Commission is considering amendments to 2 Colo. Code Regs. §404-1, concerning the regulation of oil and gas extraction. Amendments include strengthening the enforcement and penalty provisions in response to state legislation enacted in June 2014. Public hearings will be held on December 15 and 16, 2014, and the deadline to reserve time at the hearings to comment is December 5, 2014. The deadline for comment is December 16, 2014.


Florida: Watershed Protection

The Department of Environmental Protection is proposing to amend Fla. Admin. Code r. 62-302.532 to establish numeric nutrient criteria for total nitrogen, phosphorus and chlorophyll a in segments of several estuaries throughout the state. The deadline for comment is November 17, 2014, and a public hearing will be held November 19, 2014. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2014/40209/40209doc.pdf (pp. 4771-73).

Watershed Protection

Hawaii: Sustainability

The Board of Land and Natural Resources approved a Community Based Fisheries Subsistence Area (CBFSA) rule package for Haena on the island of Kauai on October 24, 2014. This is the state’s first CBFSA and will use community-based management and traditional knowledge to regulate fisheries. The implementation of the program is pending the adjudication of a lawsuit. See http://dlnr.hawaii.gov/blog/2014/10/24/nr14-132/.


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).


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.


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

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

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)

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

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.


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)

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.


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)