State's Rules
by BLR (Business & Legal Reports Inc.)
March 1, 2010
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California – Offset Moratorium Lifted
Governor Schwarzenegger's signature on a bill could reverse a controversial court ruling on emissions offsets for Southern California. The bill lifted a moratorium set by a state court in a November 2008 ruling, which prohibited small and medium size businesses in the South Coast Air Quality Management District (SCAQMD) from obtaining offsets needed for permits to expand, modernize or relocate. SCAQMD announced that it would begin processing more than 1,200 air pollution permit applications soon after Jan. 1, 2010.
Iowa – Air Bureau Posts New Guidance Documents
The Iowa DNR's Air Quality Bureau has revised a variety of dispersion modeling guidance documents, including air dispersion modeling guidelines, the air dispersion modeling checklist, Prevention of Significant Deterioration (PSD) modeling guidelines, and the PSD modeling protocol template.
Kentucky – Emergency Air Permitting Rules Adopted
The Kentucky DEP recently adopted emergency rules in connection with the state's air quality permitting process for construction projects of major industrial sources. New rules 401 KAR 51:017E and 401 KAR 51:052E provide for the prevention of significant deterioration (PSD) of ambient air quality and the nonattainment new source review (for new construction or modification of major stationary sources in areas designated nonattainment for a specified pollutant).
New York – Speedup of Brownfields Process Proposed
The New York Department of Environmental Conservation recently proposed two new policies to shorten the time it takes for brownfields to go from community blight to community asset. The proposals will allow certain properties to pre-qualify for inclusion in the state's Brownfield Cleanup Program and shorten the time frame from application approval to cleanup agreement.
North Carolina – Possible Expansion of Stormwater Program
The North Carolina DENR is considering whether 22 communities in the Broad, Chowan, Pasquotank and Neuse river basins should be required to implement stricter controls to prevent stormwater pollution. The controls would include eliminating untreated wastewater discharges to creeks, campaigns to educate the public about stormwater pollution prevention, and stormwater control requirements for new development.
Oregon – Priority Water Pollutants
Oregon is claiming to be the first state in the nation to develop a comprehensive list of persistent surface water pollutants that pose a potential threat to human health and the environment. According to the state's DEQ, recognition of the 118 toxic pollutants will lead to local governments increasing outreach.
Rhode Island – Costs Eligible for Reimbursement
For owners and operators of underground storage tank (UST) systems in Rhode Island, a financial responsibility fund has been established to facilitate the cleanup of leaking petroleum USTs (RI Gen. Law 46-12.9-5). The fund will provide reimbursement for eligible costs. The maximum allowable reimbursement is $1 million per release. Responsible parties must pay a $20,000 deductible.
Washington – Washington GHG Reporting
Owners and operators of large stationary sources, as well as those in charge of various mobile fleets, should be preparing to report their GHG emissions, as required by a bill signed by Gov. Christine Gregoire in 2008. Reporting must be completed by Oct. 31, 2010 (for 2009 emissions), and so precedes the March 31, 2011, reporting deadline for the federal rule. The state Department of Ecology has yet to finalize its proposed rule to implement the law.
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