State Agencies.

• Date: 01 January 2024

Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. In the State Agencies "In the State Agencies" contains summaries of notable state regulatory developments reported during the month of November 2023. The entries are arranged by state, and within each section, entries are further subdivided by subject matter. To access ELR 's entire collection of state regulatory developments, visit https://elr.info/administrative/state-updates. ALABAMA WASTE he Department of Environmental Management proposed to adopt new regulations to establish a brownield remediation reserve fund. he regulations would provide a mechanism to implement a cleanup program that encourages applicants to voluntarily assess, clean up, remediate, and provide for the productive reuse of brownield sites. See https://admincode. legislature.state.al.us/administrative-monthly/2023-10 (Oct. 31, 2023). ARKANSAS GOVERNANCE he Department of Agriculture proposed to adopt a new rule for prescribed burning. he rule would establish the criteria for a “qualiied prescribed burner” and create a review committee responsible for designing initial and ongoing training programs, as well as evaluating the qualiications of applicants from other jurisdictions. See http://170.94.37.152/ REGS/209.00.23-001N-23582.pdf (Oct. 29, 2023). CALIFORNIA COLORADO TOXIC SUBSTANCES he Oice of Environmental Health Hazard Assessment proposed amendments to regulations governing safe harbor warning requirements. he amendments would make the Proposition 65 short-form warnings more informative to consumers, clarify existing safe harbor warning requirements for products sold on the Internet and in catalogs, introduce signal word choices for food warnings, clarify short-form warnings for food products, and establish tailored safe harbor warnings for passenger or of-highway motor vehicle and recreational marine vessel parts. See 43-Z Cal. Regulatory Notice Reg. 1381 (Oct. 27, 2023). he Department of Pesticide Regulation proposed amendments to regulations governing pesticide regulatory program activities. he amendments would require electronic submission of notices of intent (NOIs) for agricultural use to the County Agricultural Commissioner, make NOI information publicly available, and require the Department to evaluate its system and processes and issue a report three years after implementation. Comments are due January 12, 2024. See 44-Z Cal. Regulatory Notice Reg. 1402 (Nov. 3, 2023). he Department of Toxic Substances Control proposed amendments to its safer consumer products regulations. he amendments would add laundry detergents containing nonylphenol ethoxylates as a priority product to the Priority Products List. See 45-Z Cal. Regulatory Notice Reg. 1461 (Nov. 10, 2023). WASTE he Department of Forestry and Fire Protection proposed regulations to implement the Aboveground Petroleum Storage Act (APSA) Program. he regulations would implement the APSA; provide interpretation of the APSA statutes, training, and outreach support to local Uniied Program Agency enforcement entities; and develop more stringent requirements as needed to implement APSA safety requirements. A hearing will be held January 19, 2024. Comments are due the same date. See 44-Z Cal. Regulatory Notice Reg. 1418 (Nov. 3, 2023). CLIMATE CHANGE he Department of Public Health and Environment proposed amendments to regulations governing stationary source permitting and air pollutant emission notice requirements. he amendments would establish greenhouse gas emission fees. Hearings will be held February 15-16, 2024. Comments are due February 14, 2024. See https://www.sos. state.co.us/CCR/Upload/NoticeOfRulemaking/AddInfoAttach2023-00710.doc (Oct. 18, 2023). WATER he Department of Public Health and Environment proposed amendments to regulations governing water and wastewater 1-2024 ENVIRONMENTAL LAW REPORTER 54 ELR 10085 Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. facility operator certiication requirements. he amendments would, among other things, increase the administered operator examination fee from $100 to $104, raise late fees for renewal applications submitted after the expiration date of the certiicate being renewed, and shorten the eligibility period for retaking exams to 100 days. See https://www.sos.state. co.us/CCR/Upload/NoticeOfRulemaking/ProposedRule-Attach2023-00708.pdf (Oct. 23, 2023). he Department of Public Health and Environment adopted amendments to regulations governing water quality civil penalty inlation adjustments. he amendments adjust the maximum civil penalty amount applied to violations of the Colorado Water Quality Control Act from $56,759 to $61,427 to account for yearly inlation. See https://www.sos.state.co.us/ CCR/Upload/AGORequest/AdoptedRules02023-00228. docx (Nov. 10, 2023). WILDLIFE he Oil and Gas Conservation Commission adopted several high-priority habitat maps. he maps detail habitats and protected areas for the Columbian sharp-tailed grouse, bald eagle, peregrine falcon, and Colorado Parks and Wildlife-owned state wildlife areas and state parks. See https://www. sos.state.co.us/CCR/RegisterContents.do?publicationDay=1 1/10/2023&Volume=46&yearPublishNumber=21&Month= 11&Year=2023 (Nov. 10, 2023). INDIANA LAND USE he Natural Resources Commission adopted amendments to regulations governing loodplains. he amendments update the deinition of “lowest loor” by adding a description for coastal high-hazard areas. See http://iac.iga.in.gov/iac//irtoc. htm?view=list&lsadocnum=23-425 (Nov. 6, 2023). WATER he Water Pollution Control Division...