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News & Analysis In the States Volume 49, Issue 12

Utah: Mining

The Utah Department of Natural Resources proposed to amend Utah Admin. Code r. 649-1 and 649-2, concerning requirements for the permitting, reporting, and inspecting of oil and gas drilling operations in Utah. The amendments would, among other things, include guidelines on consenting to participate in a well and on providing notices to unlocatable and unidentified owners, and clarify certain terminology. Hearings will be held October 23, 2019, and December 11, 2019. Comments are due December 11, 2019.


Pennsylvania: Waste (generally)

The Pennsylvania Department of Environmental Protection proposed a new general permit, WMGM064, to authorize the processing and beneficial use (by shell planting, reef construction and living shoreline stabilization/enhancement) of post-consumer oyster shells for natural habitat restoration projects in the Delaware Estuary or other shoreline and subtidal areas. Comments are due December 11, 2019. See https://www.pabulletin.com/secure/data/vol49/49-41/1518.html.


Waste (generally)

California: Waste (generally)

The California Department of Resources Recycling and Recovery proposed to amend Cal. Code Regs. tit. 14, §§18660.5 to 18660.7, 18660.20, and 18660.47 to 18660.51. The amendments would establish and clarify requirements related to participating in the covered electronic waste recycling program as a designated approved collector, the responsibilities and options for a local government that chooses to designate an approved collector, and the Department’s administrative responsibilities related to designations. A hearing will be held November 27, 2019. Comments are due November 26, 2019.

Waste (generally)

Massachusetts: Clean Water Act (CWA)

The Massachusetts Department of Environmental Protection proposed amendments to 314 Mass. Code Regs. 4.00, Massachusetts Surface Water Quality Standards. The amendments would update toxic pollutant criteria for the protection of aquatic life and human health in accordance with recommendations published by EPA, designate additional cold water streams, update and clarify certain site-specific criteria, and make the basin tables more clear and consistent. Hearings will be held October 25, 2019, and October 28, 2019. Comments are due November 8, 2019.

Clean Water Act (CWA)

Massachusetts: Energy (generally)

The Massachusetts Department of Energy Resources proposed to adopt 225 Mass. Code Regs. 21, Clean Peak Energy Portfolio Standard. The amendments would allow for qualified renewable energy generators, energy storage generators, and demand response resources to earn certificates for every megawatt hour of electricity they produce or reduce coincident with times of day in which the net demand for electricity is typically highest that can then be purchased by retail electricity suppliers. A hearing will be held October 25, 2019, and comments are due that same date.

Energy (generally)

Iowa: Agriculture

The Iowa Environmental Protection Commission proposed amendments to Iowa Admin. Code r. 567-65.1, concerning animal feeding operations. The amendments would modify the definition of “common ownership” to ensure that ownership of structures of confinement feeding operations are adequately addressed and that operations that should submit manure management plans and construction permits are doing so. A hearing will be held October 29, 2019, and comments are due that same date.


Mississippi: Liability

The Mississippi Department of Environmental Quality proposed to adopt 11-9 Miss. Code R. §§1.1 to 1.5. The rule establishes that those persons who cause pollution or own facilities that cause pollution are liable for the cost of remedial or cleanup action resulting from such pollution. A hearing will be held December 12, 2019. See https://www.sos.ms.gov/adminsearch/ACProposed/00024452b.pdf.



California: Air (generally)

The California Air Resources Board proposed amendments to Cal. Code Regs. tit. 17, §§95481, 95483, 95485, 95486.1, 95487, 95491, and 95495, concerning the Low Carbon Fuel Standard Regulation. The amendments would, among other things, place a hard cap on the price of credits in the day-to-day credit market, and require electric utilities to use a significant portion of their credit revenue to support transportation electrification in disadvantaged and/or low-income communities. A hearing will be held November 21, 2019. Comments are due November 18, 2019.

Air (generally)

Connecticut: Land Use (generally)

The Connecticut Department of Energy and Environmental Protection proposed to adopt Conn. Agencies Regs. §§22a-133q-1 to 22a-133q-9, concerning the Environmental Use Restriction (EUR) Regulations. The EUR Regulations set out the process for obtaining and managing an EUR, a statutorily created mechanism to permanently restrict use of, or activity on, a remediated parcel of land, which in some cases can require that affirmative actions be taken to maintain remedial measures on a parcel. A hearing will be held November 4, 2019. Comments are due November 12, 2019.

Land Use (generally)

Idaho: Land Use (generally)

The Idaho Soil and Water Conservation Commission proposed amendments to Idaho Admin. Code r. and .151. The amendments would expedite the loan process under the Resource Conservation & Rangeland Development Program by allowing applicants to begin construction before liens are filed and allowing a higher maximum loan limit for applicants. A hearing will be held October 16, 2019. Comments are October 23, 2019. See https://adminrules.idaho.gov/bulletin/2019/10.pdf (pp. 359-61).

Land Use (generally)