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News & Analysis In the States Volume 50, Issue 3

Ohio: Safe Drinking Water Act (SDWA)

The Ohio Environmental Protection Agency proposed amendments to its primary drinking water standards rules. The amendments would, among other things, clarify that failure to comply with reporting requirements except for the requirement to submit a general plan is a treatment technique violation and make minor revisions for identification of sample requirements. A hearing will be held February 26, 2020, and comments are due that same date.

Safe Drinking Water Act (SDWA)

Iowa: Administrative Law

The Iowa Natural Resources Department proposed amendments to Chapter 7, Rules of Practices in Contested Cases. The amendments align Department rules with Senate File 409, which clarifies when the period for individuals to appeal administrative orders commences and extends the appeal period from 30 days to 60 days, and allows the Environmental Protection Commission and Natural Resource Commission to consider a proposed decision after the conclusion of the appeals period. A hearing will be held February 5, 2020, and comments are due that same date.

Administrative Law

Illinois: Safe Drinking Water Act (SDWA)

The Illinois Pollution Control Board proposed amendments to Ill. Admin. Code tit. 35, Part 611, concerning the state’s primary drinking water standards. The amendments would update the Illinois Safe Drinking Water Act rules to correspond with amendments adopted by EPA. Comments are due March 2, 2020. See https://www.cyberdriveillinois.com/departments/index/register/volume44/register_volume44_issue_3.pdf (pp. 692-1460).

Safe Drinking Water Act (SDWA)

Texas: Toxic Substances (generally)

The Texas Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §§335.1, .2, .10-.13, .24, .31, .43, .63, .69, .71, .76, .78, .91, .112, .152, .251, .261, .262, .331, .501, .504, .590, and .602, and adopt §335.281. The amendments and adoption would implement both mandatory and optional revisions to the federal hazardous waste program and incorporate them into state rules, thereby allowing the state to operate all delegated aspects of the federal hazardous waste program in lieu of EPA. A hearing will be held February 6, 2020.

Toxic Substances (generally)

New Hampshire: Water (generally)

The New Hampshire Department of Environmental Services proposed to amend N.H. Code Admin. R. Ann. Env-Dw 704.02 and Env-Or 603.03(c). The amendments would reduce the maximum contaminant level for arsenic from .01 mg/L to .005 mg/L for community public water systems and reduce the ambient groundwater quality standard for arsenic from 10 μg/L to 5 μg/L. A hearing will be held February 12, 2020. Comments are due February 21, 2020.

Water (generally)

Nevada: Waste (generally)

The Nevada Environmental Commission proposed amendments to Nev. Admin. Code §§445A.2862, .2866, .2868, .287, .289, and .2912. The amendments would revise provisions related to certification to operate a sewage treatment plant. See https://www.leg.state.nv.us/Register/2019Register/R121-19P.pdf.

Waste (generally)

Nevada: Energy (generally)

The Public Utilities Commission of Nevada proposed amendments to Nev. Admin. Code §704. The amendments would establish specific requirements for applications for approval of a renewable natural gas activity by a public utility that purchases natural gas for resale. See https://www.leg.state.nv.us/Register/2019Register/R106-19P.pdf.

Energy (generally)

Maryland: Energy (generally)

The Energy and Coastal Zone Administration proposed to adopt Md. Code Regs. 08.13.02.01-.04. The amendments would enable the Department of Natural Resources to certify photovoltaic ground-mounted solar facilities greater than one acre as pollinator-friendly. Comments are due February 18, 2020. See http://www.dsd.state.md.us/MDR/4702.pdf (pp. 76–77).

Energy (generally)

Florida: Air (generally)

The Florida Department of Environmental Protection proposed to amend Fla. Admin. Code Ann. R. 62-204.340 and .800. The amendments would clarify and update references to area designations for NAAQS and designations of air quality maintenance areas, and amend Florida’s commercial and industrial solid waste incinerator regulations to provide for an equivalent production-based emission limit for particulate matter. Comments are due February 12, 2020.

Air (generally)

California: Air (generally)

The California Air Resources Board proposed to amend Cal. Code Regs. tit. 13, §2293.2, concerning the commercialization of alternative diesel fuels (ADF). The amendments would reinforce the process for certification of additives and ADF formulations, including more strict emissions testing requirements. A hearing will be held February 27, 2020. Comments are due February 24, 2020.

Air (generally)