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News & Analysis In the States Volume 50, Issue 7

Alaska: Clean Water Act (CWA)

The Alaska Department of Environmental Conservation proposed to issue an Alaska Pollutant Discharge Elimination System general permit for discharges from non-contact cooling water facilities to fresh or marine surface water. Comments are due June 12, 2020. See https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=198179.

Clean Water Act (CWA)

Ohio: Natural Resources (generally)

The Ohio Division of Oil and Gas Resources Management proposed to amend Ohio Admin. Code 1501:9-11-01 to -13. The amendments would, among other things, clarify when, where, and how well plugs must be placed during operations and include guidelines for review of plugging operations by the well owner as part of the permitting process. A hearing will be held June 18, 2020. Comments are due June 24, 2020.

Natural Resources (generally)

New York: Climate Change (generally)

The New York State Energy Research and Development Authority proposed to amend the CO2 Allowance Auction Program. The amendments would, among other things, implement the program by incorporating the cost containment reserve, a regulatory flexibility and market stability mechanism, and the emissions containment reserve, a market mechanism designed to secure additional emissions reductions if allowances fall below an established trigger price. Comments are due July 13, 2020.

Climate Change (generally)

Illinois: Toxic Substances (generally)

The Illinois Pollution Control Board proposed to adopt Ill. Admin. Code tit. 35, §§845.100-845.990. The new sections would establish construction permit requirements, operating permit requirements, design standards, reporting, financial assurance and closure and post-closure care requirements for coal combustion residuals surface impoundments. Comments are due June 15, 2020.

Toxic Substances (generally)

South Carolina: Coastal Zone Management Act (CZMA)

The South Carolina Department of Health and Environmental Control proposed to amend S.C. Code Ann. Regs. 30-1 and 30-12, concerning project standards for tidelands and coastal waters. The amendments would provide a definition and add project standards for living shorelines. Comments are due May 26, 2020. See https://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=Sr44-4.pdf (pp. 84-85).

Coastal Zone Management Act (CZMA)

South Carolina: Hazardous Substances

The South Carolina Department of Health and Environmental Control proposed to amend S.C. Code Ann. Regs. 61-79, hazardous waste management regulations. The amendments would adopt two final rules published by EPA—Safe Management of Recalled Airbags and Universal Waste Regulations: Addition of Aerosol Cans—that make standards less stringent than the standards authorized states have been enforcing. Comments are due May 26, 2020.

Hazardous Substances

Montana: Clean Water Act (CWA)

The Montana Board of Environmental Review proposed to adopt a new rule pertaining to natural and nonanthropogenic water quality standards. A hearing will be held June 17, 2020. Comments are due June 19, 2020. See https://sosmt.gov/download/621/2020/42285/issue-8-current.pdf (pp. 765-68).

Clean Water Act (CWA)

Montana: Clean Water Act (CWA)

The Montana Board of Environmental Review proposed to amend Mont. Admin. R. 17.30. The amendments would, among other things, update Montana’s Pollutant Discharge Elimination System requirements to maintain consistency with federal rules governing the NPDES program. A hearing will be held June 16, 2020. Comments are due June 19, 2020. See https://sosmt.gov/download/621/2020/42285/issue-8-current.pdf (pp. 750-64).

Clean Water Act (CWA)

Maryland: Public Health

The Maryland Department of the Environment proposed to amend Md. Code Regs. 26.02.01. The amendments would, among other things, establish procedures for environmental investigations when a child younger than six or a pregnant woman is diagnosed with an elevated blood lead, add information to be reported by laboratories to the Department with blood lead level test results, and lower the state dust-lead level standards for post-abatement clearance and risk reduction standards to 10 and 100 micrograms per square foot for floors and window sills, respectively.

Public Health

Maine: Climate Change (generally)

The Maine Department of Environmental Protection proposed to update the rules governing the Regional Greenhouse Gas Initiative. The amendments would maintain Maine’s participation in the program through 2030 and beyond by defining Maine’s emissions cap and rate of cap reduction in alignment with the other participating states, update the CO2 allowance allocation provisions, and delete the sulfur hexafluoride and energy-efficiency offset categories. Comments are due June 1, 2020.

Climate Change (generally)