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News & Analysis In the States Volume 49, Issue 11

Texas: Endangered Species Act (ESA)

The Texas Parks and Wildlife Department proposed amendments to 31 Tex. Admin. Code §§65.175, 65.176, and 69.8, concerning threatened and endangered nongame and plant species. The amendments would add to and remove from the lists of threatened and endangered species a number of animal and plant species. See https://www.sos.texas.gov/texreg/pdf/backview/ 0920/0920is.pdf (pp. 5375-78).

Endangered Species Act (ESA)

Rhode Island: Climate Change (generally)

The Rhode Island Department of Environmental Management proposed amendments to 250-170 R.I. Code R. §05. The amendments would create both a Climate Resilience Fund and a Wastewater Treatment Facility Resiliency Fund to receive, hold, and administer the use of the $5,000,000 portion of the 2018 Rhode Island Green Economy and Clean Water Bond allotted for projects that promote vulnerable habitat conservation, community resilience, and specific wastewater treatment facility resiliency improvements.

Climate Change (generally)

Pennsylvania: Water (generally)

The Susquehanna River Basin Commission proposed amendments to 25 Pa. Code §806.22, related to consumptive use standards in the Susquehanna River Basin. The amendments would, among other things, lower the 90-day standard for consumptive use mitigation to 45 days and require that any alternative water source or storage will not likely impact nearby surface waters, and clarify that discontinuance includes reduction of water consumption to less than 20,000 gallons per day. A hearing will be held October 31, 2019.

Water (generally)

New York: Air (generally)

The New York Department of Environmental Conservation proposed amendments to N.Y. Comp. Codes R. & Regs. tit. 6, §§200 and 219. The amendments would modify emission limits and operating requirements for crematories and municipal waste combustion units. A hearing will be held December 3, 2019. Comments are due December 11, 2019. See https://www.dos.ny.gov/info/register/2019/sept25.pdf (pp. 20-25).

Air (generally)

New Hampshire: Energy (generally)

The New Hampshire Public Utilities Commission proposed to readopt with amendments N.H. Code Admin. R. Ann. Puc 900, concerning net metering for customer-owned renewable energy generation resources of 1,000 kilowatts or less. The amendments would clarify the differences between customer-generators who are subject to the standard net metering tariff specified in the statutory language and the alternative net metering tariff provisions adopted by Commission order. A hearing will be held October 31, 2019.

Energy (generally)

Montana: Natural Resources (generally)

The Montana Board of Oil and Gas Conservation and the Department of Natural Resources and Conservation proposed amendments to Mont. Admin. R. 36.22.1242. The amendments would lower the rate for privilege and license tax on each barrel of crude petroleum and each 10,000 cubic feet of natural gas produced, saved, and marketed, or stored within the state or exported therefrom.

Natural Resources (generally)

Minnesota: Clean Water Act (CWA)

The Minnesota Pollution Control Agency proposed to reissue NPDES general permits to cover facilities discharging chemically and non-chemically treated non-contact cooling water to state waters. Comments are due October 22, 2019. See https://mn.gov/admin/assets/SR44_13%20-%20Accessible_tcm36-403471.pdf (pp. 418-21).

Clean Water Act (CWA)

Minnesota: Water (generally)

The Minnesota Pollution Control Agency proposed amendments to Minn. R. 7050.0219, .0420, and .0470. The amendments would update Class 2 (Aquatic Life) and Class 7 (Limited Resource Value Waters) beneficial use designations or classifications for streams and lakes, instituting review of streams and lakes for appropriate classification as cold- or warm-water habitats and stream review under the tiered aquatic life use framework. A public information meeting will be held October 29, 2019.

Water (generally)

Louisiana: Clean Air Act (CAA)

The Louisiana Department of Environmental Quality proposed amendments to La. Admin. Code tit. 33, §§5130 and 5132. The amendments would codify a series of leak detection and repair programs in Louisiana’s air quality regulations. A hearing will be held October 30, 2019. Comments are due November 6, 2019. See https://www.doa.la.gov/osr/REG/1909/1909.doc (pp. 1237-48).

Clean Air Act (CAA)

Wyoming: Underground injection

The Wyoming Department of Environmental Quality proposed amendments to Chapter 24, concerning the construction, operation, and closure of Class VI wells for the purposes of geologic sequestration. The amendments would, among other things, add or modify passages for consistency with 40 C.F.R. pts. 124, 144, 145, 146, and 147, and remove passages that are redundant with the Environmental Quality Act. A hearing will be held November 19, 2019. Comments are due October 30, 2019. See https://rules.wyo.gov/Search.aspx?mode=2.

Underground injection
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