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Current State Update

The latest state regulatory develoments that appear in the current issue of ELR's Weekly Update appear below. For material previously reported, refer to the state update archives.

Volume 48, Issue 33

Minnesota: National Environmental Policy Act (NEPA)

The Environmental Quality Board proposed amendments to Minn. R. 4410.0200, .0500, .4300, .4400, .4600, .5200, .7904, .7906, and .7926. The proposed amendments would revise rules governing environmental review. Hearings will be held January 23, 2019, and January 28, 2019, if requested. Comments are due January 7, 2019. See https://mn.gov/admin/assets/SR43_20%20-%20Accessible_tcm36-358996.pdf (pp. 531-46).

National Environmental Policy Act (NEPA)

New Mexico: Endangered Species

The Energy, Minerals, and Natural Resources Department proposed amendments to N.M. Code R. §19.21.2. The proposed amendments would remove Brack's cactus from the list of state endangered plants in N.M. Code R. § A hearing will be held December 13, 2018, and comments are due that same date. See

Endangered Species

North Carolina: Water (generally)

The Environmental Management Commission proposed amendments to 15A N.C. Admin. Code 02C.0102, .0105, .0107 to .0114, .0116 to .0119, .0204, .0206, .0207, .0211, .0218 to .0230, .0240, .0241, and .0301 to .0308. The proposed amendments would, among other things, modify requirements for water supply wells regarding permitting, standards of construction, installation and capacity of pumps, disinfection, maintenance, repair, and abandonment; construction and permitting requirements for injection wells; and requirements for permitting and inspection of private drinking water wells.

Water (generally)

Ohio: Clean Water Act (CWA)

The Ohio Environmental Protection Agency proposed amendments to Ohio Admin. Code 3745-2-04, -10, and -12. The proposed amendments would establish procedures for providing notice to stakeholders and criteria for determining significant public interest in TMDL development. A hearing will be held December 18, 2018, and comments are due that same date. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_323634_20181114_1....

Clean Water Act (CWA)

Ohio: Natural Resources (generally)

The Division of Forestry proposed amendments to Ohio Admin. Code 1501:3-5-03, 1501:3-10-01 to -07, 1501:3-12-01 to -08, and 1501:3-13-01. The proposed amendments would, among other things, reduce the special permit application fee, standardize the process of the fire waiver issuance and criteria needed to fulfill a waiver request, and clarify and simplify requirements of the silvicultural assistance program. A hearing will be held December 14, 2018. Comments are due January 2, 2019. See http://www.registerofohio.state.oh.us/pdfs/phn/1501$3_NO_323610_20181113_1222.pdf.

Natural Resources (generally)

Rhode Island: Safe Drinking Water Act (SDWA)

The Department of Environmental Management proposed amendments to 250-150 R.I. Code R. §3. The proposed amendments would, among other things, change the groundwater classification and wellhead protection area maps, modify the procedure for setting a groundwater quality standard when no EPA maximum contaminant level has been established, and add abandonment procedures for private drinking water wells that are similar to requirements for other subsurface borings. A hearing will be held December 4, 2018. Comments are due December 13, 2018.

Safe Drinking Water Act (SDWA)

Utah: Endangered Species Act (ESA)

The Wildlife Species of Concern and Habitat Designation Advisory Committee proposed amendments to Utah Admin. Code r. 657-48. The proposed amendments would simplify language, remove the requirement to automatically add conservation agreements and species listed under the ESA, and remove wildlife habitat designations. Comments are due December 17, 2018. See https://rules.utah.gov/publicat/bull_pdf/2018/b20181115.pdf (pp. 149-53).

Endangered Species Act (ESA)