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News & Analysis In the States Volume 49, Issue 9

California: Safe Drinking Water Act (SDWA)

The Office of Environmental Health Hazard Assessment proposed amendments to the Safe Drinking Water and Toxic Enforcement Act. The proposed amendments would list the following chemicals as known to the state to cause cancer: 2-amino-4-chlorophenol; 2-chloronitrobenzene; 1,4-dichloro-2-nitrobenzene; 2,4-dichloro-nitrobenzene; N,N-dimethylacetamide; and para-nitroanisole. Comments are due August 12, 2019. See https://oal.ca.gov/wp-content/uploads/sites/166/2019/07/2019-Notice-Regi... (pp. 1038-39).

Safe Drinking Water Act (SDWA)

Minnesota: Watershed Protection

The Minnesota Pollution Control Agency announced the availability of and seeks comment on its draft TMDL and restoration and protection strategy reports for the Mississippi River-Grand Rapids and Red Lake River Watersheds. Comments are due August 14, 2019. See https://mn.gov/admin/assets/SR44_3%20-%20Accessible_tcm36-392887.pdf (pp. 45-46).

Watershed Protection

North Carolina: Clean Water Act (CWA)

The North Carolina Environmental Management Commission proposed to reissue an NPDES wastewater general permit for the discharge of domestic wastewater from single-family residences and other 100% domestic discharges with similar characteristics located within the Falls Lake Watershed. Comments are due August 14, 2019. See https://files.nc.gov/ncoah/documents/files/Volume-34-Issue-02-July-15-20... (p. 111).

Clean Water Act (CWA)

Wisconsin: Clean Water Act (CWA)

The Department of Natural Resources proposed amendments to Ch. NR 102. The proposed amendments would establish processes for water body assessments and impaired waters listing, biological criteria for water quality standards, and biological confirmation of phosphorus impairment. A hearing will be held September 12, 2019. Comments are due September 20, 2019. See http://docs.legis.wisconsin.gov/code/register/2019/763A3/register/submit....

Clean Water Act (CWA)

Wisconsin: Clean Water Act (CWA)

The Department of Natural Resources proposed to amend Ch. NR 102 and adopt Ch. NR 119. The proposed amendment and adoption would establish procedures and methodology for developing site-specific numeric phosphorus water quality criteria for surface waters. A hearing will be held September 12, 2019. Comments are due September 20, 2019. See http://docs.legis.wisconsin.gov/code/register/2019/763A3/register/submit....

Clean Water Act (CWA)

Virginia: Wildlife (generally)

The Board of Agriculture and Consumer Services proposed amendments to 2 Va. Admin. Code §5-320-10. The proposed amendments would remove one plant species from the list of threatened species that is no longer believed to occur in Virginia, add two insect and three plant species that are in danger of extinction to the list of endangered species, and add five plant species to the list of threatened species that are likely to become endangered in the foreseeable future throughout all or a significant portion of their native range. A hearing will be held July 23, 2019.

Wildlife (generally)

Texas: Water (generally)

The Commission on Environmental Quality proposed amendments to 30 Tex. Admin. Code §§222.1, 222.3, 222.5, 222.31, 222.33, 222.73, 222.75, 222.81, 222.83, 222.85, 222.87, 222.115, 222.119, 222.127, 222.157, 222.159, and 222.163, concerning subsurface area drip dispersal systems. The proposed amendments would establish the criteria for demonstrating firm reclaimed water demand, the procedure for calculating and applying the beneficial reuse credit, and the requirements for a permittee who has been granted a beneficial reuse credit. A hearing will be held July 25, 2019.

Water (generally)

North Carolina: Oceans

The Coastal Resources Commission proposed to amend 15A N.C. Admin. Code 07H .0304 and .0309, and adopt 15A N.C. Admin. Code 07H .0313. The proposed amendments and adoption would provide greater flexibility to local governments and state agencies protecting life and property from the hazardous forces inherent to the oceanfront shoreline. Hearings will be held July 17, 2019, and September 18, 2019. Comments are due September 18, 2019. See https://files.nc.gov/ncoah/documents/Rules/NC-Register/Volume-34-Issue-0... (pp. 9-18).

Oceans

Missouri: Clean Air Act (CAA)

The Air Conservation Commission proposed amendments to Mo. Code Regs. Ann. tit. 10, §10-6.200, concerning emissions limits for existing hospital, medical, and infectious waste incinerators. The proposed amendments would update the federal reference information to address EPA concerns. A hearing will be held August 29, 2019. Comments are due September 5, 2019. See https://www.sos.mo.gov/CMSImages/AdRules/moreg/2019/v44n13July1/v44n13b.pdf (p. 1872).

Clean Air Act (CAA)

Mississippi: Mining

The Mississippi Oil and Gas Board proposed amendments to 26 Miss. Code R. §1.4. The proposed amendments would impose additional annual well fees to incentivize oil and gas operators to plug inactive and non-producing wells in a more timely manner and provide critical resources to the Emergency Plugging Fund. A hearing will be held July 17, 2019. Comments are due July 9, 2019. See http://www.sos.ms.gov/adminsearch/ACProposed/00024204a.pdf.

Mining