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The latest state regulatory develoments that appear in the current issue of ELR's Weekly Update appear below. For material previously reported, refer to the state update archives.

Current State Update

Volume 46, Issue 20

Colorado: Natural Resources (generally)

The Division of Oil and Public Safety amended the Storage Tank Regulations, 7 Colo. Code Regs. §1101(14), to incorporate 2015 EPA regulation revisions. The revisions emphasize properly operating and maintaining underground storage equipment, among other revisions involving underground and aboveground liquid fuel system design, storage, and management regulation. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=07/10/2016 (pp. 595-830).

Natural Resources (generally)

Colorado: Sustainability

The Division of Oil and Public Safety proposes regulations regarding the design, construction, location, installation, and operation of retail hydrogen fueling facilities. These proposed regulations set forth minimum standards necessary to protect the health, welfare, and safety of the public and persons using these resources. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=07/10/2016 (pp. 831-42).

Sustainability

Florida: Hazardous Substances

The Department of Environmental Protection proposed to amend Fla. Admin. Code Ann. r. 403(704) and Fla. Admin. Code. Ann. r. 403(721) to incorporate federal rule changes that were inadvertently left out of the Notice of Proposed Rule published on March 14, 2016. These amendments would incorporate changes made by EPA between July 1, 2014, and June 30, 2015, to federal hazardous waste regulations.

Hazardous Substances

Florida: Quality

The Department of Environmental Protection proposed to adopt revisions to EPA’s Public Notification Rule relating to the Revised Total Coliform Rule published in the July 1, 2015, version of 40 C.F.R. 141, Subpart Q. Changes would update existing citations. Written comment will be accepted until August 2, 2016. See https://www.flrules.org/gateway/ruleNo.asp?id=62-550.817.

Quality

Georgia: Hazardous Substances

The Department of Natural Resources proposed to amend the Rules for Solid Waste Management, Ga. Comp. R. & Regs. r. 391-3-4. The revisions would add new definitions required to regulate the disposal of coal combustion residue (CCR) along with other CCR-related terminology. A public hearing will be held on July 27, 2016. Public comments are due August 10, 2016. See https://epd.georgia.gov/chapter-391-3-4-rules-solid-waste-management.

Hazardous Substances

Georgia: Sustainability

The Department of Natural Resources proposed to amend the Rules for Air Quality Control, Ga. Comp. R. & Regs. r. 391-3-1. The revisions are intended to comply with EPA’s startup, shutdown, malfunction SIP Call, among other changes. A public hearing will be held on August 3, 2016. The deadline for public comment is August 5, 2016. See https://epd.georgia.gov/chapter-391-3-1-air-quality-control.

Sustainability

Maryland: Endangered Species

The Department of Natural Resources proposed to adopt new regulation 0.06 and amend regulation 0.10 under Md. Code Regs. 08.02.08, Shellfish, and to amend regulation 0.03 under Md. Code Regs. 08.02.12, Endangered and Threatened Fish Species. The proposed action would add the Jonah crab to the "in need of conservation" list and creates rules for recreational and commercial fisheries. These measures are necessary to conserve the crabs in alignment with coastal criteria and recommendations. A hearing will be held on July 20, and comments will be accepted until August 8, 2016.

Endangered Species

Nevada: Hazardous Substances

The State Environmental Commission proposed revisions to Nev. Admin. Code §444 concerning hazardous waste. The revisions would incorporate by reference existing regulations and would add an additional subpart relating to the application for and issuance of certain hazardous waste permits, among other changes. See http://www.leg.state.nv.us/Register/2016Register/R091-16P.pdf.

Hazardous Substances

New Hampshire: Land Use (generally)

The New Hampshire Department of Environmental Services proposed to readopt Env-Wq 1400, relating to the Shoreline Water Quality Protection Act. The Department also proposed to clarify and update certain provisions, including the creation of a permit by notification process. A public hearing will be held on August 1, 2016. Written comments will be accepted until 4 pm on August 8, 2016. See http://www.gencourt.state.nh.us/rules/register/2016/July-7-16.pdf (pp. 1-2).

Land Use (generally)

New Hampshire: Quality

The New Hampshire Department of Environmental Services is proposing to readopt emergency rule Env-Or 603.03, relating to ambient groundwater quality standards for perfluorooctanoic acid and perfluorooctane sulfonate. Public hearings will be held on August 3, 2016, and August 10, 2016. Written comments will be accepted until 4 pm on August 19, 2016. See http://www.gencourt.state.nh.us/rules/register/2016/July-7-16.pdf (pp. 5-6).

Quality

Texas: Natural Resources (generally)

The Texas General Land Office proposed to amend 31 Tex. Admin. Code §9.51, regarding royalties paid to the state from oil and gas leasing and exploration. The proposed amendment would clarify procedures for reducing the interest charged or penalties assessed relating to unpaid or delinquent royalties and reports. Written comments will be accepted until August 7, 2016. No public hearing is currently scheduled. See http://www.sos.state.tx.us/texreg/pdf/backview/0708/0708prop.pdf (pp.

Natural Resources (generally)

Vermont: Water (generally)

The Vermont Clean Water Fund Board seeks public input on the budget for the 2018 Clean Water Fund. Comments will be accepted through 4:30 pm on July 30, 2016. See http://anr.vermont.gov/news/clean-water-board-fund-seeks-public-input-2016.

Water (generally)