Monthly updates on state regulatory news
Arkansas – Changes Slated for Solid Waste Regs
Solid waste disposal costs are in for a hike in light of the
Arkansas DEQ’s proposal to amend the state’s solid waste regulation (Regulation
22). Increased costs will primarily be associated with a new landfill
prohibition on mercury-containing lights.
California – Sunshine State Joins Suit
California has joined 11 other states in a lawsuit against
the federal EPA over the December 2006 regulation that the suit says weakens
the Toxic Release Inventory program. The suit, initially filed by New York,
accuses the agency of jeopardizing public health and seeks to force the EPA to
return to more stringent requirements.
Kansas – Changes Slated for Pesticide Regulations
The Kansas Department of
Agriculture is in the process of amending the state’s pesticide regulations.
The primary revisions affect definitions, commercial applicator certifications
and fees. The amendments would clarify the definition of restricted-use
pesticide and add a definition for stump treatment.
Louisiana – SIP Proposed for Regional Haze
The Louisiana DEQ is in the process of revising the state
implementation plan to address regional haze. Regional haze is visibility
impairment that is produced by a multitude of sources located across a broad
geographic area. The state is part of the Central Regional Air Planning
Association, which coordinates the efforts of Louisiana, Nebraska, Kansas,
Oklahoma, Texas, Minnesota, Iowa, Missouri, Arkansas and tribal areas, and
recommends strategies for reducing haze in Class I federal areas.
Maryland – CCB
Noting the absence of federal regulations governing the
disposal of coal combustion byproducts (CCBs), the Maryland Department of the
Environment has proposed its own rules for disposal and use of CCBs in mine
reclamation. The department also has published an advanced notice of proposed
rulemaking covering beneficial uses of CCBs. Fly ash and bottom ash, two types
of CCBs, are generated in Maryland at the rate of about 2 million tons
annually, primarily by coal-fired power plants.
Massachusetts – Program for Hazardous Chemicals
Development of a self-certification or third-party
certification program in which facilities with hazardous chemicals would report
on their permit status, chemicals used on-site, and risk-reduction efforts is
one potential outcome of 41 facility inspections recently completed as part of
the Safe Neighborhood Chemical Initiative. The initiative was a result of a
November 2006 explosion at a paint, ink and dye manufacturing plant in
Danversport. The blast destroyed the facility and homes in the neighborhood.
New York – Proposed CO2
Budget Trading Program
New York state proposes to establish a CO2
budget trading program to stabilize and then
reduce anthropogenic emissions of CO2
budget sources. The program is established by creating and allocating
allowances that are limited authorizations to emit up to 1 ton of CO2
in each control period. Affected sources must hold for compliance deduction, at
the applicable allowance transfer deadline, the tonnage equivalent to the
emissions at the source for the control period just preceding the deadline. The
first control period is Jan. 1, 2009, through Dec. 31, 2011.
Groundwater Monitoring For a Fee
It now costs slightly
more to dispose of construction and demolition (C&D) debris at appropriate
landfills in Ohio. The Ohio EPA recently promulgated regulations requiring
C&D waste landfills to collect 5 cents per cubic yard or 10 cents per ton
of C&D debris brought to a facility for disposal, in addition to the
existing disposal fees of 80 cents per cubic yard or $1.60 per ton. The fee is
only to be collected for C&D debris disposed of at C&D waste landfills,
and does not apply to C&D debris disposed of at municipal solid waste