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News & Analysis In the States Volume 48, Issue 12

South Carolina: Resource Conservation and Recovery Act (RCRA)

The Department of Health and Environmental Control proposed amendments to S.C. Code Ann. Regs. 61-79. The proposed amendments would adopt EPA's Hazardous Waste Generator Improvements Rule and Imports and Exports of Hazardous Waste Rule. A hearing will be held December 13, 2018. Comments are due November 26, 2018. See https://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=Sr... (pp. 20-45).

Resource Conservation and Recovery Act (RCRA)

Rhode Island: Air (generally)

The Department of Environmental Management proposed amendments to 250-120 R.I. Code R. §46. The proposed amendments would incorporate changes made to the Regional Greenhouse Gas Initiative Model Rule, including the size and structure of the cap, budget adjustments, cost containment reserve, emissions containment reserve, and offsets. A hearing will be held October 25, 2018. Comments are due November 12, 2018. See https://rules.sos.ri.gov/promulgations/part/250-120-05-46.

Air (generally)

Ohio: Wildlife (generally)

The Department of Natural Resources proposed amendments to Ohio Admin. Code 1501:18-1-03. The proposed amendments would add species to the state list of endangered and threatened plant species that did not previously meet the criteria but currently do, remove species that have recovered or are now extirpated, update scientific and common names to match nationally accepted name revisions, and move some species from threatened to endangered and vice versa depending upon current species populations in the state. A hearing will be held November 27, 2018.

Wildlife (generally)

Ohio: Agriculture

The Ohio Department of Agriculture proposed amendments to Ohio Admin. Code 901:13-1-11, 901:13-1-19, and 901:13-1-99. The proposed amendments would, among other things, delay nondischarge enforcement of 590 standards in watersheds in distress to give farms sufficient time to complete their nutrient management plans, require operations to attest to the completion of a nutrient management plan, and update existing regulations for distressed watersheds located in the Western Lake Erie Basin to reflect the standards enacted in Senate Bill 1.

Agriculture

New Mexico: Safe Drinking Water Act (SDWA)

The Oil Conservation Division proposed amendments to N.M. Code R. §§19.15.2, 19.15.8, and 19.15.25. The proposed amendments would make changes concerning financial assurance and plugging and abandonment of wells and related matters. A hearing will be held November 15, 2018, and comments are due that same date. See http://164.64.110.134/nmac/nmregister/xxix/EMNRDnotice_xxix19.html.

Safe Drinking Water Act (SDWA)

New Hampshire: Water (generally)

The Department of Environmental Services proposed amendments to N.H. Code R. Env-Wq 1900. The proposed amendments would, among other things, apply existing requirements relative to the sequence and timing of instream flows, implementation extensions, and waivers to all designated rivers; describe the public process for prioritizing and selecting rivers for instream-flow implementation; delete existing water conservation requirements and, instead, incorporate by reference water conservation plan requirements in N.H. Code R.

Water (generally)

New Hampshire: Air (generally)

The Department of Environmental Services proposed amendments to N.H. Code R. Env-A 1603 and 1604. The proposed amendments would eliminate the existing three-month average limit on sulfur content in coal for coal-burning devices placed in operation before April 15, 1970. A hearing will be held November 16, 2018. Comments are due November 30, 2018. See http://www.gencourt.state.nh.us/rules/register/2018/october-25-18.pdf (pp. 3-4).

Air (generally)

Montana: Wildlife (generally)

The Department of Natural Resources and Conservation proposed amendments to Mont. Admin. R. 14.6.101 and 14.6.102. The proposed amendments would create additional rules regarding compensatory mitigation under the Greater Sage Grouse Stewardship Act and add definitions to clarify terms in the additional rules. A hearing will be held November 9, 2018. Comments are due November 19, 2018. See https://sosmt.gov/download/191/2018/36171/issue-20-current.pdf (pp. 1997-2004).

Wildlife (generally)

Maryland: Climate Change (generally)

The Department of the Environment proposed amendments to Md. Code Regs. 26.09.01 to .04. The proposed amendments would, among other things, reduce the size and structure of cap and allowance apportionment in the CO2 Budget Trading Program, eliminate certain offset categories and adjust remaining offset categories in the program, and adjust the cost containment reserve mechanism to provide flexibility and cost containment for the Regional Greenhouse Gas Initiative Program. A hearing will be held November 26, 2018, and comments are due that same date.

Climate Change (generally)

Louisiana: Resource Conservation and Recovery Act (RCRA)

The Department of Environmental Quality proposed amendments to La. Admin. Code tit. 33, §§115 and 713. The proposed amendments would allow facilities to close solid waste surface impoundments using risk-based closure standards in accordance with the Department's Risk Evaluation/Corrective Action Program in lieu of clean closure. A hearing will be held November 28, 2018. Comments are due December 5, 2018. See https://www.doa.la.gov/osr/REG/1810/1810.pdf (pp. 1924-27).

Resource Conservation and Recovery Act (RCRA)