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News & Analysis In the States Volume 49, Issue 4

California: Toxic Substances (generally)

The Department of Toxic Substances Control proposed amendments to Cal. Code Regs. tit. 22, §66272.62. The proposed amendments would increase the maximum administrative initial penalty for hazardous waste violations in California from $25,000 to $70,000 per violation per day of violation. A hearing will be held March 29, 2019. Comments are due March 25, 2019. See https://oal.ca.gov/wp-content/uploads/sites/166/2019/02/6z-2019.pdf (pp. 216-20).

Toxic Substances (generally)

Louisiana: Wildlife (generally)

The Wildlife and Fisheries Commission proposed amendments to La. Admin. Code. tit. 76, §101. The proposed amendments would modify the rules relative to dredging of fill sand and fill material from the water bottoms of the state of Louisiana and royalties. Comments are due April 4, 2019. See https://www.doa.la.gov/osr/REG/1902/1902.doc (pp. 335-38).

Wildlife (generally)

Louisiana: Waste (generally)

The Department of Environmental Quality proposed amendments to La. Admin. Code. tit. 33, §§10519, 10521, and 10535. The proposed amendments would provide for changes to the waste tire fees that were authorized under Acts 451 and 541. A hearing will be held April 1, 2019. Comments are due April 8, 2019. See https://www.doa.la.gov/osr/REG/1902/1902.doc (pp. 287-89).

Waste (generally)

Louisiana: Waste (generally)

The Department of Environmental Quality proposed amendments to La. Admin. Code. tit. 33, §10415. The proposed amendments would reduce the amount of income tax credit for the purchase of new recycling manufacturing, process equipment, and/or a service contract pertaining to the equipment. A hearing will be held April 1, 2019. Comments are due April 8, 2019. See https://www.doa.la.gov/osr/REG/1902/1902.doc (pp. 286-87).

Waste (generally)

Nevada: Wildlife (generally)

The Sagebrush Ecosystem Council proposed temporary regulations to require mitigation through the Sagebrush Ecosystem Program. The proposed regulation would clarify requirements to mitigate certain anthropogenic disturbance in greater sage-grouse habitat. A hearing will be held March 19, 2019. Comments are due March 15, 2019. See https://www.leg.state.nv.us/Register/2018TempRegister/T006-18NH.pdf.

Wildlife (generally)

North Carolina: Clean Water Act (CWA)

The Environmental Management Commission proposed to amend and readopt 15A N.C. Admin. Code 02B .0229, .0232, .0234 to .0240, .0255 to .0258, .0701, and .0703, concerning excess nutrient input that results in water quality problems in the Neuse and Tar-Pamlico estuaries. The proposed adoptions and amendments would, among other things, improve consistency between state programs, incorporate accounting methodologies and science to better track implementation progress, and codify long-standing program procedures. Hearings will be held March 26, 2019, and March 28, 2019.

Clean Water Act (CWA)

Oklahoma: Nuclear

The Department of Environmental Quality proposed amendments to Okla. Admin. Code §252:410. The proposed amendments would update the rules to reflect changes recommended by the Nuclear Regulatory Commission during a routine audit of the Radiation Management Program. A hearing will be held March 28, 2019. Comments are due March 27, 2019. See http://www.oar.state.ok.us.

Nuclear

Pennsylvania: Clean Air Act (CAA)

The Department of Environmental Protection seeks comment on its proposed 2019 ozone season nitrogen oxide emission limitations for nonelectric generating units. Comments are due March 4, 2019. See https://www.pabulletin.com/secure/data/vol49/49-7/217.html.

Clean Air Act (CAA)

Arizona: Clean Water Act (CWA)

The Arizona Department of Environmental Quality proposed amendments to Ariz. Admin. Code §§18-11-101, -107.01, -109, -114, -115, -120, and -122. The proposed amendments would adopt and revise water quality standards within the state as required under CWA §303(c). A hearing will be held March 28, 2019, and comments are due that same date. See https://apps.azsos.gov/public_services/register/2019/5/contents.pdf (pp. 177-254).

Clean Water Act (CWA)

Delaware: Clean Air Act (CAA)

The Department of Natural Resources and Environmental Control adopted emergency amendments to 7 Del. Admin. Code §1140. The adopted amendments clarify that the "deemed to comply" provision embedded in California's Low Emission Vehicle Program continues to hold true for the federal greenhouse gas (GHG) standards adopted in 2012 for light-duty vehicles for model years 2021-2025 in an effort to maintain Delaware's current GHG standards for light-duty vehicles included in those model years.

Clean Air Act (CAA)