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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 50, Issue 10

Alabama: Waste (generally)

The Alabama Department of Environmental Management proposed to amend Ala. Admin. Code r. 335-13-15. The amendments would clarify state requirements for the management of solid waste and achieve consistency with federal statutes. Comments are due May 7, 2020. See www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-20/335-13-15.pdf.

Waste (generally)

Colorado: Mining

The Colorado Department of Natural Resources proposed to amend 2 Colo. Code Regs. §407-2, the regulations for coal mining. The amendments would make changes to ensure consistency with the Surface Mining Control and Reclamation Act and revise revegetation, topsoil, and land use provisions to align with 2006 federal rule changes. A hearing will be held April 22, 2020.


Delaware: Air (generally)

The Delaware Department of Natural Resources and Environmental Control proposed to adopt 7 Del. Admin. Code §1151. The adoption would establish prohibitions and requirements for the use and manufacture of hydrofluorocarbons in Delaware, according to their specific end-uses and incorporate specific EPA Significant New Alternatives Policy Program prohibitions. A hearing will be held April 23, 2020. Comments are due May 8, 2020. See https://regulations.delaware.gov/documents/April2020c.pdf (p. 841).

Air (generally)

Louisiana: Hazardous Substances

The Louisiana Department of Environmental Quality proposed to amend its hazardous waste regulations. The amendments would incorporate federal guidelines for generators to provide greater flexibility in hazardous waste management. A hearing will be held April 28, 2020. Comments are due May 5, 2020. See https://www.doa.la.gov/osr/REG/2003/2003.pdf (pp. 412­-68).

Hazardous Substances

Missouri: Endangered Species

The Missouri Department of Conservation proposed to amend Mo. Code Regs. Ann. tit. 3, §10-4.111. The amendments would add the Caney Mountain Cave crayfish to the state endangered species list. Comments are due May 1, 2020. See https://www.sos.mo.gov/CMSImages/AdRules/moreg/2020/v45n7April1/v45n7a.pdf (p. 455).

Endangered Species

Oregon: Endangered Species

The Oregon Department of Fish and Wildlife proposed to amend Or. Admin. R. 635-100-0125 and -0137. The amendments would reclassify the marbled murrelet from threatened to endangered in the state list of threatened and endangered species, and modify survival guidelines for the species. A hearing will be held May 8, 2020. Comments are due that same date. See https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=44047.

Endangered Species

Utah: Air (generally)

The Utah Department of Environmental Quality proposed to amend Utah Admin. Code r. 307-101-3 to incorporate by reference existing federal air quality regulations. A hearing will be held May 4, 2020. Comments are due that same date. See https://rules.utah.gov/publicat/bull_pdf/2020/b20200401.pdf (pp. 14-15).

Air (generally)

West Virginia: Water (generally)

The West Virginia Division of Water and Waste Management proposed to amend its assessment methodology for the biological component of the narrative criteria in wadeable streams. A hearing will be held April 20, 2020, and comments are due that same date. See http://apps.sos.wv.gov/adlaw/registers/readpdf.aspx?did=39892.

Water (generally)