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News & Analysis In the States Volume 50, Issue 2

Minnesota: Clean Water Act (CWA)

The Minnesota Pollution Control Agency proposed to reissue NPDES/state disposal system general permits to cover facilities discharging chemically treated and untreated non-contact cooling water into waters of the state, with updates to phosphorus waste load allocation for a number of facilities. Comments are due January 7, 2020. See https://mn.gov/admin/assets/SR44_24%20-%20Accessible_tcm36-412619.pdf (pp. 648-51).

Clean Water Act (CWA)

Illinois: Water (generally)

The Illinois Environmental Protection Agency proposed to adopt new rules under Ill. Admin. Code tit. 35, §652, concerning community water supplies. The new rules would specify electronic reporting requirements, provide for the prevention of environmental degradation that might occur when carrying out corrosion prevention and mitigation methods, and reaffirm existing rules on capacity development. Comments are due January 20, 2020.

Water (generally)

Utah: Mining

The Utah Division of Oil, Gas, and Mining proposed amendments to Utah Admin. Code r. 647-3 and 647-4, concerning the Minerals Regulatory Program. The amendments would revise requirements and procedures for a notice of intention for small and large mining operations. A hearing will be held December 11, 2019. Comments are due January 22, 2020. See https://rules.utah.gov/publicat/bull_pdf/2019/b20191201.pdf (pp. 104-18).

Mining

North Carolina: Water (generally)

The North Carolina Commission for Public Health proposed amendments to 15A N.C. Admin. Code 18C.1305. The amendments would revise the requirements for source water protection planning for systems that comply with American Water Infrastructure Act requirements and assess risk from potential contaminant sources within the state-specified areas currently codified in the rule. A hearing will be held January 7, 2020. Comments are due January 31, 2020.

Water (generally)

New York: Waste (generally)

The New York Department of Environmental Conservation proposed to adopt N.Y. Comp. R. & Regs. tit. 6, §§351-1 and 351-2. The adoption would set forth requirements under the Environmental Conservation Law with respect to the prohibition on the distribution of film plastic bags, allowable reusable bags, and the recycling of film plastic by stores, and address related requirements for manufacturers. A hearing will be held January 27, 2020. Comments are due February 3, 2020.

Waste (generally)

Colorado: Water (generally)

The Colorado Water Quality Control Commission proposed amendments to 5 Colo. Code Regs. §§1002-22, -61, and -62. The amendments would revise site location and design approval regulations for domestic wastewater treatment works, regulations for the state’s discharge permit system, and regulations for effluent limitations. A hearing will be held Marcy 9, 2020. Comments are due February 26, 2020. See https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=11/25/2019.

Water (generally)

Colorado: Safe Drinking Water Act (SDWA)

The Colorado Water Quality Control Commission proposed amendments to 5 Colo. Code Regs. §1002-11, Primary Drinking Water Regulations. The amendments would address comments from EPA regarding Colorado’s Revised Total Coliform Rule. A hearing will be held March 9, 2020. Comments are due February 26, 2020. See https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=11/25/2019.

Safe Drinking Water Act (SDWA)

Alaska: Clean Water Act (CWA)

The Alaska Department of Environmental Conservation proposed to reissue an Alaska Pollutant Discharge Elimination System general permit for stormwater discharges associated with industrial activity. Comments are due January 6, 2020. See https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=196293.

Clean Water Act (CWA)

Alabama: Land Use (generally)

The Alabama Department of Environmental Management proposed amendments to Ala. Admin. Code r. 335-13-16-.01 to .07. The amendments would adopt new standards for the beneficial use of byproduct materials for the purpose of land application. A hearing will be held January 7, 2020, and comments are due that same date. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-NOV-19/AAM-NOV-19.htm.

Land Use (generally)

Texas: Water (generally)

The Texas Commission on Environmental Quality Proposed to adopt 30 Tex. Admin. Code §318.9, which would require marine seawater desalination facilities for nearshore and offshore discharges to locate their outfalls within a discharge zone recommended in the Texas Parks and Wildlife Department/General Land Office study and depicted in the Coastal Resources Management Viewer. A hearing will be held December 17, 2019. Comments are due January 6, 2020.

Water (generally)