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State Update Volume 49, Issue 2

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)

New York: Clean Air Act (CAA)

The Department of Environmental Conservation proposed amendments to N.Y. Comp. Codes R. & Regs. tit. 6, §§200 and 218. The proposed amendments would incorporate California's latest revisions to its low emission vehicle (LEV) III greenhouse gas program that clarify the deemed-to-comply provision for model years 2021-2025 into New York's existing LEV III program. A hearing will be held March 11, 2019. Comments are due March 18, 2019. See https://docs.dos.ny.gov/info/register/2019/jan9/rulemaking.pdf (pp. 6-11).

Clean Air Act (CAA)

Nebraska: Energy (generally)

The Nebraska Energy Office proposed to repeal 105 Neb. Admin. Code §§1 to 6 and 109 Neb. Admin. Code §1. The proposed repeals would remove regulations concerning renewable energy tax credits and debarment procedures for participants in school energy-efficiency loan and grants programs. A hearing will be held February 27, 2019, and comments are due that same date. See https://www.nebraska.gov/nesos/rules-and-regs/regtrack/proposals/1919.pdf.

Energy (generally)

Minnesota: Watershed Protection

The Minnesota Pollution Control Agency seeks comment on its draft Watershed Restoration and Protection Strategy and TMDL reports for the Grand Marais Creek Watershed. Comments are due February 6, 2019. See https://mn.gov/admin/assets/SR43_28%20-%20Accessible_tcm36-364091.pdf (pp. 809-11).

Watershed Protection

California: Clean Air Act (CAA)

The California Air Resources Board proposed to adopt Cal. Code Regs. tit. 17, §§95690.1 to 95690.7. The proposed adoption would require public and private airport shuttle fleets to transition from internal combustion vehicles to zero emission vehicles. A hearing will be held February 21, 2019, and comments are due that same date. See https://oal.ca.gov/wp-content/uploads/sites/166/2019/01/1z-2019.pdf (pp. 24-35).

Clean Air Act (CAA)

California: Clean Air Act (CAA)

The California Air Resources Board proposed to adopt the Zero-Emission Powertrain Certification Regulation. The proposed adoption would establish alternative certification requirements and test procedures for heavy-duty electric and fuel-cell vehicles in addition to standards and test procedures for zero emission powertrains. A hearing will be held February 21, 2019. Comments are due February 19, 2019. See https://oal.ca.gov/wp-content/uploads/sites/166/2019/01/1z-2019.pdf (pp. 2-10).

Clean Air Act (CAA)