Arizona – New UST Legislation Passes

Beginning Jan. 1, 2009, new regulations take effect that will require secondary containment, training, and in some circumstances, a prohibition on deliveries. Under the new law, the Arizona DEQ will have the authority to issue a stop-use order and attach a stop-use tag to the fill pipe of any UST that is significantly out of compliance with release detection or other requirements. If a stop-use tag is placed on a UST, the owner must immediately empty the tank and fulfill temporary closure requirements. The owner must maintain the tag to alert deliverers not to fill the UST.

California – Landmark Solar Agreement

Gov. Arnold Schwarzenegger recently applauded a new solar power agreement that would supply enough energy to serve 239,000 California homes. Pacific Gas and Electric Company entered into two utility-scale, photovoltaic solar power contracts for a total of 800 megawatts of renewable energy.

Florida – Meetings Continue on Stormwater Rule

To address growing concerns about over-enrichment of Florida's surface waters, groundwaters and springs by nutrients, the Florida DEP and the Water Management Districts are developing a statewide stormwater treatment rule effective July 2009. The rule represents a significant step forward in the control of nutrient loadings from stormwater discharges. A technical advisory committee has been established to assist the DEP in developing this rule.

Georgia – Reissued Stormwater Permits

The Georgia Environmental Protection Division (EPD) has issued its rewritten NPDES construction stormwater permit rules. The new permits are GAR 100001 Stand Alone Construction Projects, GAR 100002 Infrastructure Construction Projects, and GAR 100003 Common Developments. New application forms for Notice of Intent, Notice of Termination, and Permit Fees are also available from the agency.

Kentucky – Controlling Fugitive Dust Emissions

The Department of Environmental Protection gave out a record of 560 violations for fugitive dust emissions in 2007, a year noted for a severe drought in the commonwealth. Kentucky environmental regulations require "reasonable precaution" to be taken to prevent particulate matter from becoming airborne. In particular, the state prohibits the discharge of visible fugitive dust emissions beyond the lot line of the property on which the emissions originate. The DEP normally gives out approximately 200-plus violations for fugitive dust emissions a year.

Massachusetts – Governor Signs Third Clean Energy Act

Massachusetts became the first state in the nation to adopt a tax break for cellulosic ethanol rather than corn-based ethanol. The provision, which was included in The Clean Energy Biofuels Act signed into law by Gov. Deval Patrick, exempts cellulosic biofuels from the state gasoline excise tax.

North Carolina – New Drought Management Law

Gov. Mike Easley recently signed legislation that expands the ability of the governor and local communities to respond when drought conditions worsen. The new law gives the governor the authority to declare a local water emergency based on the recommendation of the state DENR. Previously, the governor could only declare an emergency if there was an immediate threat to a community's health or safety.

Washington – Joint Effort Protects Puget Sound

The Washington Department of Ecology recently approved a first-ever collaborative effort that will significantly increase protection of Puget Sound. The new Whatcom County Shoreline Master Program is the product of local groups with divergent views that worked past historic differences and found common ground. According to the department, this collaboration will serve as the model for cities and counties throughout the state to building rules that better protect the environment.

West Virginia – Mountain State under PM Pressure

Businesses in much of West Virginia face stricter emissions controls and transportation-related sources face additional planning requirements in the wake of the federal EPA's announcement that 10 counties in the state do not meet the 2006 24-hour standards for fine particulate matter (PM2.5). The counties recommended for nonattainment are Kanawha and Putnam in the Charleston area and Brooks and Hancock in the Steubenville-Weirton area. The EPA accepted those recommendations and added Cabell, Wayne and Mason (partial) counties in the Huntington-Ashland area; Monongalia County in the Morgantown area; and Wood and Pleasants (partial) counties in the Parkersburg area.