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News & Analysis In the States Volume 49, Issue 10

Washington: Clean Water Act (CWA)

The Washington Department of Ecology proposed amendments to Wash. Admin. Code §§173-201A-200, -210, -240, and -610, concerning water quality standards for state surface waters. The proposed amendments would, among other things, modify the numeric criteria for total dissolved gas in the Snake and Columbia Rivers and clarify descriptions of marine aquatic life use designations. A public hearing will be held September 16, 2019. Comments are due September 26, 2019. See http://lawfilesext.leg.wa.gov/law/wsr/2019/16/19-16-063.htm.

Clean Water Act (CWA)

Washington: Toxic Substances (generally)

The Washington Department of Ecology proposed amendments to Wash. Admin. Code §173-182, concerning the oil spill contingency plan. The proposed amendments would, among other things, establish requirements for review and approval of spill management teams, enhance requirements for readiness of oil spills, and enhance planning standards for oiled wildlife response. A public hearing will be held September 17, 2019. Comments are due October 6, 2019. See http://lawfilesext.leg.wa.gov/law/wsr/2019/16/19-16-147.htm.

Toxic Substances (generally)

Vermont: Energy (generally)

The Vermont Public Utility Commission proposed to adopt Vt. Code R. §4.400. The proposed adoption would establish a renewable energy standard that requires state electric utilities to acquire specified amounts of renewable energy with environmental attributes attached or any class of tradable renewable energy credits generated by any renewable energy plant whose energy is capable of delivery in New England, and reduce fossil fuel consumption and greenhouse gas emissions by implementing energy transformation projects. A public hearing will be held September 23, 2019.

Energy (generally)

Pennsylvania: Clean Water Act (CWA)

The Pennsylvania Department of Environmental Protection announced the availability of a draft NPDES general permit for stormwater discharges associated with construction activities. Comments are due September 16, 2019. See https://www.pabulletin.com/secure/data/vol49/49-33/1239.html.

Clean Water Act (CWA)

Oklahoma: Toxic Substances (generally)

The Oklahoma Department of Environmental Quality proposed amendments to Okla. Admin. Code §§252:410-1-7, -10-1, -10-32, -10-35, and -10-40. The proposed amendments would update references to federal regulations concerning the medical use of radioactive materials. A public hearing will be held September 26, 2019. Comments are due September 25, 2019. See

Toxic Substances (generally)

Kansas: Endangered Species Act (ESA)

The Kansas Wildlife, Parks, and Tourism Commission proposed amendments to Kan. Admin. Regs. §§115-15-1 and 115-15-2. The proposed amendments would list the cylindrical papershell mussel as endangered, remove the Arkansas darter from threatened status, and change the designation of two nongame species by adding the Arkansas darter to and removing the Wabash pigtoe mussel from the list of species in need of conservation. A public hearing will be held November 14, 2019, and comments are due that same date.

Endangered Species Act (ESA)

Illinois: Land Use (generally)

The Illinois Department of Natural Resources proposed to adopt Ill. Admin. Code tit. 17, §§3051.10 to .90. The proposed adoptions would establish guidelines on funding levels, applicant eligibility, application process, project evaluation, and reporting requirements for the Illinois Natural Areas Stewardship Grant Program. Comments are due September 30, 2019. See https://www.cyberdriveillinois.com/departments/index/register/volume43/register_volume43_issue33.pdf (pp.

Land Use (generally)

Florida: Resource Conservation and Recovery Act (RCRA)

The Florida Department of Environmental Protection proposed amendments to Fla. Admin. Code Ann. R. 62-730.150, .171, .220, and .900. The proposed amendments would adopt and reference updated forms for state hazardous waste regulations. Comments are due September 5, 2019. See https://www.flrules.org/Gateway/View_notice.asp?id=21837433.

Resource Conservation and Recovery Act (RCRA)

Florida: Toxic Substances (generally)

The Florida Department of Environmental Protection proposed amendments to Fla. Admin. Code Ann. R. 62-710.500, .510, .800, and .901. The proposed amendments would adopt and reference updated forms for used oil management. Comments are due September 5, 2019. See https://www.flrules.org/Gateway/View_notice.asp?id=21837142.

Toxic Substances (generally)

New Hampshire: Resource Conservation and Recovery Act (RCRA)

The Department of Environmental Services proposed amendments to N.H. Code Admin. R. Ann. Env-Hw 300 to 800, 110, and 1200. The proposed amendments would incorporate federal requirements applicable to hazardous waste management. A hearing will be held August 29, 2019. Comments are due September 6, 2019. See http://gencourt.state.nh.us/rules/Register/2019/august-8-19.pdf (pp. 5-9).

Resource Conservation and Recovery Act (RCRA)