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State Update Volume 49, Issue 20

Virginia: Wildlife (generally)

The Board of Agriculture and Consumer Services proposed amendments to 2 Va. Admin. Code §5-320-10. The proposed amendments would remove one plant species from the list of threatened species that is no longer believed to occur in Virginia, add two insect and three plant species that are in danger of extinction to the list of endangered species, and add five plant species to the list of threatened species that are likely to become endangered in the foreseeable future throughout all or a significant portion of their native range. A hearing will be held July 23, 2019.

Wildlife (generally)

Texas: Water (generally)

The Commission on Environmental Quality proposed amendments to 30 Tex. Admin. Code §§222.1, 222.3, 222.5, 222.31, 222.33, 222.73, 222.75, 222.81, 222.83, 222.85, 222.87, 222.115, 222.119, 222.127, 222.157, 222.159, and 222.163, concerning subsurface area drip dispersal systems. The proposed amendments would establish the criteria for demonstrating firm reclaimed water demand, the procedure for calculating and applying the beneficial reuse credit, and the requirements for a permittee who has been granted a beneficial reuse credit. A hearing will be held July 25, 2019.

Water (generally)

North Carolina: Oceans

The Coastal Resources Commission proposed to amend 15A N.C. Admin. Code 07H .0304 and .0309, and adopt 15A N.C. Admin. Code 07H .0313. The proposed amendments and adoption would provide greater flexibility to local governments and state agencies protecting life and property from the hazardous forces inherent to the oceanfront shoreline. Hearings will be held July 17, 2019, and September 18, 2019. Comments are due September 18, 2019. See https://files.nc.gov/ncoah/documents/Rules/NC-Register/Volume-34-Issue-0... (pp. 9-18).

Oceans

Missouri: Clean Air Act (CAA)

The Air Conservation Commission proposed amendments to Mo. Code Regs. Ann. tit. 10, §10-6.200, concerning emissions limits for existing hospital, medical, and infectious waste incinerators. The proposed amendments would update the federal reference information to address EPA concerns. A hearing will be held August 29, 2019. Comments are due September 5, 2019. See https://www.sos.mo.gov/CMSImages/AdRules/moreg/2019/v44n13July1/v44n13b.pdf (p. 1872).

Clean Air Act (CAA)

Mississippi: Mining

The Mississippi Oil and Gas Board proposed amendments to 26 Miss. Code R. §1.4. The proposed amendments would impose additional annual well fees to incentivize oil and gas operators to plug inactive and non-producing wells in a more timely manner and provide critical resources to the Emergency Plugging Fund. A hearing will be held July 17, 2019. Comments are due July 9, 2019. See http://www.sos.ms.gov/adminsearch/ACProposed/00024204a.pdf.

Mining

Kentucky: Clean Water Act (CWA)

The Division of Water proposed amendments to 401 Ky. Admin. Regs. 10:026, 10:029, 10:030, and 10:031. The proposed amendments would, among other things, add designated uses for 57 basins, streams, or stream segments, add a requirement for reexamination of waters with uses removed every three years, categorize 29 additional streams or stream segments as "exceptional waters," and update cadmium aquatic life criteria. A hearing will be held July 23, 2019. Comments are due July 31, 2019. See https://apps.legislature.ky.gov/law/kar/registers/46Ky_R_2019-20/01_July... (pp. 154-230).

Clean Water Act (CWA)

Indiana: Resource Conservation and Recovery Act (RCRA)

The Solid Waste Management Division proposed amendments to 329 Ind. Admin. Code 3.1. The proposed amendments would update hazardous waste management requirements. A hearing will be held August 14, 2019. Comments are due July 24, 2019. See http://iac.iga.in.gov/iac/20190703-IR-329180481PRA.xml.html.

Resource Conservation and Recovery Act (RCRA)

Florida: Clean Air Act (CAA)

The Department of Environmental Protection proposed amendments to Fla. Admin. Code Ann. r. 62-204.800. The proposed amendments would update the Department's adoption by reference of air pollution regulations promulgated by EPA to incorporate requirements of the Department's federally approved and delegated air pollution programs. Comments are due July 24, 2019. See https://www.flrules.org/BigDoc/View_Section.asp?Issue=2903&Section=2.

Clean Air Act (CAA)

District of Columbia: Clean Water Act (CWA)

The Department of Energy and Environment proposed amendments to D.C. Mun. Regs. tit. 21, §1104.8, concerning water quality standards. The proposed amendments would update aquatic life criteria for ammonia and cadmium, and 94 human health criteria. Comments are due July 29, 2019. See https://www.dcregs.dc.gov/Common/DCR/Issues/IssueCategoryList.aspx?Categ....

Clean Water Act (CWA)

District of Columbia: Climate Change (generally)

The Department of Energy and Environment proposed to adopt D.C. Mun. Regs. tit. 20, §807. The proposed adoption would further align the District's regulations with its climate goals of the Sustainable DC and DC Clean Energy Plans by preventing the operation of high-carbon sources of heat and power, such as coal-fired fuel burning equipment, that do not utilize carbon capture and sequestration or some other advanced carbon dioxide emissions reduction technology. Comments are due July 29, 2019.

Climate Change (generally)