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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 45, Issue 8

Alaska: Forests

The Department of Natural Resources is seeking public comment on its Southeast State Forest Management Plan. The plan will primarily govern the management of timber resources in about 48,000 acres in 33 units in southeastern Alaska. The deadline for comment is April 30, 2015. See https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=175941.

Forests

California: Air

The Air Resources Board is proposing to amend Cal. Code Regs. tit. 17, §§94010, 94011, 94016 and adopt §94017 regarding gasoline vapor recovery. Among other changes, the amendments would adopt new performance standards for nozzles at non-retail gasoline dispensing facilities. A public hearing will be held April 23, 2015, and the deadline for comment is April 20, 2015. See http://www.oal.ca.gov/res/docs/pdf/notice/10z-2015.pdf (pp. 401-405).

Air

California: Endangered Species

The Fish and Game Commission is seeking public comment on a petition to list the flat-tailed horned lizard as an endangered species under the state Fish and Game Code. The Department of Fish and Wildlife will submit a report on the merits of the petition by March 6, 2016. No deadline for comment has been set. See http://www.oal.ca.gov/res/docs/pdf/notice/10z-2015.pdf (p. 410).

Endangered Species

Florida: Clean Water Act (CWA)

The Department of Environmental Protection is proposing to amend Fla. Admin. Code Ann. r.62-304.645(19) to (25) regarding TMDLs. Changes would implement nutrient TMDLs for waters in the Springs Coast Basin. A public hearing will be held if requested by March 31, 2015, and the deadline for comment is also March 31, 2015. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2015/4147/4147doc.pdf (pp. 1199-1202).

Clean Water Act (CWA)

Illinois: Administrative Law

The Pollution Control Board is proposing to amend Ill. Admin. Code tit. 35, §108 regarding administrative citations. Changes would amend the board's rules for administrative citations filed pursuant to the Public Water Supply Operations Act. The deadline for comment is April 20, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue10.pdf (pp. 3344-54).

Administrative Law

Illinois: Administrative Law

The Pollution Control Board is proposing to amend Ill. Admin. Code tit. 35, §106 regarding the board's procedural rules. Changes would amend the accepted methods for the Illinois Environmental Protection Agency to serve a notice of filing and statement of deficiency when attempting to terminate an Environmental Management System Agreement. The deadline for comment is April 20, 2015.

Administrative Law

Illinois: Administrative Law

The Pollution Control Board is proposing to amend Ill. Admin. Code tit. 35, §101 regarding board procedures. Changes would amend rules regarding out-of-state attorneys, service of filings, and administrative citations. The deadline for comment is April 20, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue10.pdf (pp. 3276-3328).

Administrative Law

Illinois: Enforcement and Compliance

The Pollution Control Board is proposing to amend Ill. Admin. Code tit. 35, §103 regarding enforcement proceedings. Changes would amend the board's rules for acceptable methods of service in enforcement proceedings. The deadline for comment is April 20, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue10.pdf (pp. 3329-35).

Enforcement and Compliance

Illinois: Invasive Species

The Department of Natural Resources is proposing to amend Ill. Admin. Code tit. 17, §870 regarding possession of aquatic life. Changes would remove reptiles and amphibians from the list of approved species, which would be regulated under a separate code, and clarifies that possession or transportation of tilapia requires a permit. The deadline for comment is April 20, 2015.

Invasive Species

Illinois: Invasive Species

The Department of Natural Resources is proposing to amend Ill. Admin. Code tit. 17, §805 regarding injurious species. Changes would add seven species, including two Asian carp species, to the injurious species list which would implement permit requirements for the hauling of live individuals. The deadline for comment is April 20, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue10.pdf (pp. 3241-8).

Invasive Species

Illinois: Wildlife

The Department of Natural Resources is proposing to amend Ill. Admin. Code tit. 17, §875 regarding viral hemorrhagic septicemia control. Changes would update the list of susceptible, and therefore regulated, species, and clarify when a permit is required to transport tilapia. The deadline for comment is April 20, 2015. See http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue10.pdf (pp. 3268-75).

Wildlife

South Dakota: Invasive Species

The Department of Agriculture is proposing to amend the state's noxious weed and declared pest list. Changes would add the Japanese beetle to the declared pest list, and tarragon to the noxious weed list. A public hearing will be held April 9, 2015, and the deadline for comment is April 8, 2015. See http://legis.sd.gov/docs/Rules/Register/03092015.pdf (p. 143).

Invasive Species

Virginia: Invasive Species

The Department of Agriculture and Consumer Services is seeking public comment on a petition to amend 2 Va. Admin. Code §5-317 regarding noxious weeds. Among other changes, the amendments would require the use of the Department of Conservation and Recreation's most current list of invasive plant species as the basis for determining inclusion on the noxious weeds list, and allow local jurisdictions to ban the sale and distribution of invasive plants within their boundaries. The deadline for comment is March 30, 2015.

Invasive Species