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News & Analysis In the States Volume 49, Issue 3

Texas: Water (generally)

The Texas Commission on Environmental Quality proposed amendments to 30 Tex. Admin. Code §§342.1 and 342.25. The proposed amendments would add a new exemption to the list of existing exemptions under the definition of "aggregate production operation." A hearing will be held January 22, 2019. Comments are due January 30, 2019. See https://www.sos.texas.gov/texreg/archive/December282018/Proposed%20Rules....

Water (generally)

Oregon: Hazardous Substances

The Department of Environmental Quality proposed amendments to Or. Admin. R. 340-102-0065 and 340-105-0113. The proposed amendments would establish new fees to cover costs associated with implementing the Hazardous Waste Program and delivering services to related entities. A hearing will be held January 17, 2019. Comments are due January 22, 2019. See https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=40105.

Hazardous Substances

Oregon: Land Use (generally)

The Land Conservation and Development Department proposed amendments to Or. Admin. R. 660-038-0060, -0100, -0110, -0120, -0140, and -0190. The proposed amendments would update and streamline the simplified urban growth boundary process for use by cities outside of the boundaries of Metro. A hearing will be held January 24, 2019, and comments are due that same date. See https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=40107.

Land Use (generally)

Oregon: Energy (generally)

The Land Conservation and Development Department proposed amendments to Or. Admin. R. 660-033-0130. The proposed amendments would change the approval criteria for solar power generating facilities on high-value farmland due to a high number of facilities approved in recent years. A hearing will be held January 24, 2019, and comments are due that same date. See https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=40185.

Energy (generally)

Oregon: Clean Air Act (CAA)

The Department of Environmental Quality proposed amendments to Or. Admin. R. 340-256. The proposed amendments would update descriptions of Vehicle Inspection Program (VIP) test methods, criteria, and standards to align with current operations and procedures, and increase the certification fee to maintain current VIP staffing and customer service levels. Hearings will be held January 15, 2019, and January 28, 2019. Comments are due February 4, 2019. See https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=40093.

Clean Air Act (CAA)

North Carolina: Clean Air Act (CAA)

The Department of Environmental Quality proposed amendments to 15A N.C. Admin. Code 02D .0540, .1802, .1806, and .1902 to .1904. The proposed amendments would, among other things, redefine best management plan requirements for the control of odors from animal operations and other process facilities, and revise requirements for open burning and air curtain incinerators, including revising definitions to clarify different activities, clarifying which items can be burned, and incorporating changes to federal emissions guidelines and standards outlined in 40 C.F.R.

Clean Air Act (CAA)

New Jersey: Clean Air Act (CAA)

The Department of Environmental Protection proposed to adopt N.J. Admin. Code §7:27D. The proposed adoption would establish funding rules for the Global Warming Solutions Fund and specify the criteria for new, efficient electric generation facilities to be considered state of the art in accordance with N.J. Admin. Code §26:2C-51(b)(1). A hearing will be held January 25, 2019. Comments are due February 15, 2019. See http://www.lexisnexis.com/hottopics/njoal/.

Clean Air Act (CAA)

New Jersey: Clean Air Act (CAA)

The Department of Environmental Protection proposed to amend N.J. Admin. Code §§7:27-22.1 and -22.16, and 7:27A-3.2, -3.5, and -3.10, and adopt §§7:27-22.28 and 7:27C. The proposed amendments and adoptions would establish the New Jersey Carbon Dioxide Budget Trading Program, which is designed to reduce anthropogenic emissions of carbon dioxide from large fossil fuel-fired electricity generating units. A hearing will be held January 25, 2019. Comments are due February 19, 2019. See http://www.lexisnexis.com/hottopics/njoal/.

Clean Air Act (CAA)

Montana: Safe Drinking Water Act (SDWA)

The Department of Environmental Quality proposed to adopt New Rule I. The proposed adoption would implement House Bill 368 by establishing setbacks between sewage lagoons and water wells to protect water wells from bacterial and viral pathogens that come from sewage lagoons. A hearing will be held January 17, 2019. Comments are due January 28, 2019. See https://sosmt.gov/download/191/2018/36355/issue-24-current.pdf (pp. 2455-78).

Safe Drinking Water Act (SDWA)

Montana: Safe Drinking Water Act (SDWA)

The Department of Environmental Quality proposed amendments to Mont. Admin. R. 17.24.645, 17.24.646, 17.30.502, 17.30.619, 17.30.702, 17.30.1001, 17.36.345, 17.55.109, 17.56.507, and 17.56.608. The proposed amendments would revise Circular DEQ-7 to provide additional human health criteria pertaining to groundwater standards. A hearing will be held February 5, 2019. Comments are due January 29, 2019. See https://sosmt.gov/download/191/2018/36355/issue-24-current.pdf (pp. 2446-54).

Safe Drinking Water Act (SDWA)