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 Rule Proposed

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 from 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.

Ohio – 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 landfills.