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Current State Update

Volume 44, Issue 30

Alabama: Energy

The Department of Environmental Management is reviewing the Bureau of Ocean Energy Management’s coastal consistency determination for Central Planning Area Lease Sale 235 of offshore oil and gas leases scheduled for March 2015. This review is pursuant to 5 C.F.R. §930.41 and is open for public comment. The deadline for comment is November 6, 2014.


Alaska: Thermal discharges, §316

The Department of Environmental Conservation invites the public to review a final proposed Pollution Discharge Elimination System general permit for non-contact cooling water. The permit is applicable to discharges of less than two million gallons per day and covers freshwater, groundwater and marine sources discharging into freshwater or marine water bodies. The review period ends on October 30, 2014.

Thermal discharges, §316

California: Quality

The Office of Environmental Health Hazard Assessment is seeking public comment on nine chemicals in order to revise public health goals for drinking water under Cal. Health & Safety Code §1165365. The deadline for comment is November 17, 2014. See http://www.oal.ca.gov/res/docs/pdf/notice/42z-2014.pdf (pp.1754-55).


California: Toxic Substances

The Office of Environmental Health Hazard Assessment is seeking public comment on a draft a report concerning exposure levels of carbonyl sulfide, a byproduct of oil refining. The document is available on the OEHHA website. The deadline for comment is December 16, 2014.

Toxic Substances

Colorado: Land Use

The Department of Regulatory Agencies, Division of Real Estate is proposing new rules concerning the certification of conservation easement holders. Among others, the proposed rule includes certification requirements, management requirements and a disciplinary process. A hearing will be held on November 3, 2014 and the deadline for comment is also November 3, 2014. See http://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=10/10/2014.

Land Use

Colorado: Lead

The Parks and Wildlife Commission will consider a Citizen Petition for Rulemaking regarding lead ammunition at its November 13-14, 2014, meeting. The petition suggests the commission pass a regulation banning the use of lead ammunition for all game hunting in the state. A copy of the petition is available from the commission on request. The deadline for comments is the commission’s November meeting, but the agency requests comments be submitted by October 30, 2014, for adequate consideration.


Kansas: State implementation plans (SIPs)

The Department of Health and Environment is proposing a 2014 SIP update for the attainment and maintenance of National Ambient Air Quality Standards for regional haze. The update is the state’s first five-year progress report under the 2009 Kansas Regional Haze Plan. The deadline to request a public hearing is November 21, 2014 and the deadline to comment is November 24, 2014.

State implementation plans (SIPs)

Louisiana: Energy

The Department of Natural Resources, Office of Conservation intends to amend Chapter 1 of La. Admin. Code tit. 43:XIX to adopt recommendations of a performance audit of the oil and gas well permit system issued in May, 2014. Changes include increasing financial security amounts and establishing periods for review for wells in future utility status. A public hearing will be held on November 24, 2014 and the deadline for comment is December 1, 2014. See http://www.doa.la.gov/osr/reg/1410/1410.pdf (pp.


Louisiana: Prevention of significant deterioration (PSD)

The Department of Environmental Quality intends to amend La. Admin. Code tit. 33:III, §509 by removing significant monitoring concentration (SMC) for PM2.5, and add significant impact levels for PM10, SO2, NOX, and CO to Louisiana’s PSD program. The removal of SMC for PM2.5 is in response to a January 22, 2013, D.C. Circuit opinion. A public hearing will be held on November 25, 2014 and the deadline for comment is December 2, 2014. See http://www.doa.la.gov/osr/reg/1410/1410.pdf (pp. 1961-63).

Prevention of significant deterioration (PSD)

Louisiana: Wildlife

The Department of Wildlife and Fisheries and the Fisheries and Wildlife Commission have adopted La. Admin. Code tit. 76:V, §133 regulating the purchase, possession and exhibition of native Louisiana wildlife for use in the entertainment industry. Among other provisions, the rule establishes a permit system and minimum enclosure requirements. See http://www.doa.la.gov/osr/reg/1410/1410.pdf (pp. 1947-51).


Maine: Hazardous Substances

The Department of Environmental Protection is proposing to amend 06-096 Me. Code R. ch. 418 concerning allowable levels of various materials in waste to be put to a beneficial use. The change would replace “Appendix A” with values listed in the “Maine Remedial Action Guidelines for Sites Contaminated with Hazardous Substances.” A public hearing will be held November 6, 2014 and the deadline to comment is November 17, 2014. See http://www.maine.gov/sos/cec/rules/notices/2014/101514.html.

Hazardous Substances

Maryland: Quality

The Department of Agriculture is proposing additions to Md. Code Regs. 15.20. The new chapter would establish a voluntary “Agriculture Certainty Program” to improve water quality compliance among agricultural operations. Operators who meet the criteria would not be subject to new state or local nutrient or sediment reduction requirements for the duration of their 10-year certification. The deadline for comment is November 17, 2014. See http://www.dsd.state.md.us/mdregister/4121.pdf (pp. 1280-85).


Minnesota: Watershed Protection

The Pollution Control Agency is requesting public comments on the draft Sunrise River Watershed Restoration and Protection Strategy Report. The report includes water quality assessments and proposed strategies to meet water quality goals. The deadline for comment is November 19, 2014. See http://www.comm.media.state.mn.us/bookstore/stateregister/39_16.pdf (pp. 545-547).

Watershed Protection

New Hampshire: Quality

The Department of Environmental Services is proposing amendments to N.H. Rev. Stat. Ann. §485 that would revise standards for total coliform. The proposed standards are equivalent to those promulgated by EPA under the SDWA. A public hearing will be held November 21, 2014 and the deadline to comment is December 2, 2014. See http://www.gencourt.state.nh.us/rules/register/2014/october-23-14.pdf (pp. 5-10).


Pennsylvania: Clean Air Act (CAA)

The Department of Environmental Protection’s Air Quality Technical Advisory Committee is seeking public comment on the final draft of the state’s Reasonably Available Control Technology II rulemaking. A special public hearing will be held on November 7, 2014. See http://www.pabulletin.com/secure/data/vol44/44-42/2144.html.

Clean Air Act (CAA)

South Dakota: Quality

The Department of Environment and Natural Resources’ Water Management Board is seeking comment on proposed amendments to its Surface Water Quality rules. Changes include technical updates, bringing the toxic pollutant criteria up to EPA standards and multiple site specific criteria amendments. A public hearing will be held on December 3, 2014 and the deadline to comment is December 2, 2014. See http://legis.sd.gov/docs/Rules/Register/10202014.pdf (pp. 73-74).


Virginia: State programs, §402(b)

The State Water Control Board is proposing amendments to 9 Va. Admin. Code §25-110 regarding a General Permit for domestic sewage under Virginia’s Pollutant Discharge Elimination System. The permit would establish limitations and monitoring requirements for point sources discharging less than 1,000 gallons of treated domestic sewage per day. The deadline to comment is November 19, 2014. See http://register.dls.virginia.gov/details.aspx?id=4650.

State programs, §402(b)