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CFE agenda 101215
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CFE agenda 101215
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10/12/2015
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CFE minutes 101215
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House Bill 765 <br />Page 14 <br />Section 4.15.(b) would direct the Commission for Public Health (Commission) to review and amend <br />rules to implement the changes described above. <br />Section 4.15.(c) would direct the Commission to report, beginning January 1, 2016, and every quarter <br />thereafter until all rules are adopted, as to its progress of adopting and amending rules pursuant to <br />Sections 4.14 and 4.15 of this act to HHS Oversight and the ERC. <br />Section 4.15.(d) would direct the Commission, in consultation with DHHS, local health departments, <br />and industry stakeholders, to study the costs and benefits of requiring treatment standards above those <br />that are established by nationally recognized standards, and report its findings and recommendations to <br />HHS Oversight and the ERC on or before March 1, 2016. <br />CONTESTED CASES FOR AIR PERMITS <br />Section 4.17. would amend the process for filing a contested case regarding an air quality permit <br />decision of the EMC by: <br />• Providing that the filing for a contested case by a permit applicant or permittee would stay the <br />EMC's decision while the filing for a contested case by a person who is not the permit applicant <br />or permittee would not automatically stay the EMC's decision. <br />• Limiting these contested case provisions to permit application decisions rather than other types <br />of permit decisions, such as permit modification, suspension, or revocation. <br />Section 4.17 would also direct the Department of Environment and Natural Resources to study whether <br />these changes to contested cases for air quality permits should be expanded into other programs <br />administered by the Department. The Department will report the results of the study to the <br />Environmental Review Commission by March 1, 2016. <br />AMEND ISOLATED WETLANDS LAW <br />Section 4.18. would make the following changes to the regulation of isolated wetlands in the State: <br />• Provide that the only types of isolated wetlands the State will regulate are Basin Wetlands and <br />Bogs and that the State will not regulate isolated man -made ditches or ponds constructed for <br />stormwater management purposes or any other man -made isolated pond. <br />• Provide that the mitigation requirements for impacts to isolated wetlands apply only to the <br />amount of impact that exceeds the current regulatory thresholds. <br />• Provide that impacts to wetlands that aren't isolated wetlands will not be combined with impacts <br />to isolated wetlands to determine whether the regulatory thresholds have been reached. <br />• Direct the Environmental Management Commission to amend its rules by March 1, 2016, to <br />establish a coastal region, piedmont region, and mountain region for purposes of regulating <br />impacts to isolated wetlands. The regulatory thresholds for the three regions would be as <br />follows: <br />• Less than or equal to one acre of isolated wetlands for the entire project in the coastal <br />region. <br />• Less than or equal to one -half acre of isolated wetlands for the entire project for the <br />piedmont region. <br />• Less than or equal to one -third acre of isolated wetlands for the entire project for the <br />mountain region. <br />In no event could the regulatory requirements for impacts to isolated wetlands be more stringent <br />than required under current law, which is less than or equal to one acre of isolated wetland for <br />
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