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News & Analysis In the States Volume 49, Issue 3

Louisiana: Resource Conservation and Recovery Act (RCRA)

The Department of Environmental Quality proposed to adopt La. Admin. Code tit. 33, §1307. The proposed amendment would adopt by reference the revised Risk Evaluation/Corrective Action Program, which was amended to be consistent with the most current scientific methods and recommendations to ensure that response actions to chemical releases in the environment are protective of human health and the environment. A hearing will be held March 1, 2019. Comments are due March 8, 2019. See https://www.doa.la.gov/osr/REG/1901/1901.doc (pp. 106-08).

Resource Conservation and Recovery Act (RCRA)

Iowa: Clean Water Act (CWA)

The Environmental Protection Commission proposed amendments to Iowa Admin. Code r. 567-61.3. The proposed amendments would adopt by reference a revised Surface Water Classification document that reflects use designations that have been determined through field work and the completion of a use attainability analysis. Hearings will be held February 12, 2019, February 13, 2019, and February 14, 2019. Comments are due February 22, 2019. See https://www.legis.iowa.gov/docs/aco/bulletin/01-16-2019.pdf (pp. 1610-12).

Clean Water Act (CWA)

Georgia: Clean Air Act (CAA)

The Environmental Protection Division proposed amendments to Ga. Comp. R. & Regs. 391-3-1-.03(9). The proposed amendments would specify the dollar-per-ton rate and reference the procedures for calculating annual air permit fees for state fiscal year 2020. A hearing will be held February 25, 2019. Comments are due March 4, 2019. See https://epd.georgia.gov/sites/epd.georgia.gov/files/PublicNotice_PermitF....

Clean Air Act (CAA)

California: Waste (generally)

The Department of Resources Recycling and Recovery proposed amendments to Cal. Code Regs. tit. 14, §§17402, 17403, 17409, 17414, 17852, 17855, 17867, 17869, 17896, 18083, 18815, and 18981 to 18997, and tit. 27, §§20164, 20750, 20901, 21570, 21590, 21650, 21660, and 21695. The proposed amendments would implement regulatory requirements to reduce landfill disposal of organic waste in order to achieve the greenhouse gas emissions reductions required by Senate Bill 1383. A hearing will be held March 12, 2019. Comments are due March 4, 2019.

Waste (generally)

Alaska: Natural Resources (generally)

The Department of Natural Resources Division of Forestry proposed amendments to Alaska Admin. Code tit. 11, §§95.400 to .495. The proposed amendments would provide detail for a new tiered prevention and enforcement structure, set forth requirements for burn permits that describe how to burn safely and when burning is allowed, provide detail on methods of public notice for burn restrictions, and add descriptions of when different types of burning devices may be used and inspected during fire season. Comments are due February 27, 2019.

Natural Resources (generally)

Texas: Clean Water Act (CWA)

The Texas Water Development Board proposed amendments to 31 Tex. Admin. Code §§375.15, .18, .91, .92, and .106. The proposed amendments would provide clarity on the Board's procedures to those seeking and receiving financial assistance from the Clean Water State Revolving Fund. Comments are due February 4, 2019. See https://www.sos.texas.gov/texreg/sos/index.html.

Clean Water Act (CWA)

Texas: Safe Drinking Water Act (SDWA)

The Texas Water Development Board proposed amendments to 31 Tex. Admin. Code §§371.2, .14, .70, .71, and .85. The proposed amendments would provide clarity on the Board's procedures to those seeking and receiving financial assistance from the Drinking Water State Revolving Fund. Comments are due February 4, 2019. See https://www.sos.texas.gov/texreg/sos/index.html.

Safe Drinking Water Act (SDWA)

Texas: Oil Pollution Act (OPA)

The General Land Office proposed amendments to 31 Tex. Admin. Code §§19.70 and 19.73. The proposed amendments would incorporate statutory revisions in House Bill 1625 and reflect statutory changes to the Oil Spill Prevention and Response Act that provide additional procedures by which the Commissioner can order the removal of a derelict vessel or structure without notice or an opportunity for a hearing. Comments are due February 3, 2019. See https://www.sos.texas.gov/texreg/sos/index.html.

Oil Pollution Act (OPA)

Texas: Pesticides

The Texas Department of Agriculture proposed amendments to 4 Tex. Admin. Code §7.30. The proposed amendments would add mandatory training prior to the application of dicamba, as required by EPA, and 2,4-D in order to reduce the potential for misapplication of the products that could cause damage to sensitive crops that may be exposed to the pesticides. Comments are due February 1, 2019. See https://www.sos.texas.gov/texreg/sos/index.html.

Pesticides

Ohio: Safe Drinking Water Act (SDWA)

The Ohio Environmental Protection Agency seeks comment on its revised plan to amend Ohio Admin. Code 3745-81-24 concerning primary drinking water standards for organic contaminants. Comments are due February 1, 2019. See https://epa.ohio.gov/Portals/28/documents/rules/Seconary%20DBP%20ESO%20F....

Safe Drinking Water Act (SDWA)