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News & Analysis In the States Volume 51, Issue 1

Pennsylvania: Clean Water Act (CWA)

The Department of Environmental Protection proposed state water quality certification for discharges of dredged and fill materials into waters of the Commonwealth. Comments are due November 30, 2020. See http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-44/1496.html.

Clean Water Act (CWA)

Oregon: Water (generally)

The Department of Environmental Quality proposed to amend Or. Admin. R. 340-054 and -055. The amendments would restrict a community development financial institution’s (CDFI's) capacity to profit from clean water state revolving fund loans, clarify lending requirements and eligible project activities related to CDFIs and public agencies, and reduce the public notice period time frame from 30 days to 14 days for loan applications submitted to the Department. A hearing will be held November 17, 2020. Comments are due November 23, 2020.

Water (generally)

Oklahoma: Waste (generally)

The Department of Environmental Quality proposed to amend Okla. Admin. Code §§252:641-1-2, 252:641-3-2 and -4, 252:641-12-1 to -7, and 252:641-15-2. The amendments would, among other things, establish sizing reduction guidelines for conventional subsurface absorption systems and establish sizing criteria for small public aerobic systems. A hearing will be held January 12, 2021. Comments are due December 16, 2020.

Waste (generally)

Nevada: Energy (generally)

The Public Utilities Commission proposed to amend Nev. Admin. Code §784.7821. The amendments would, among other things, establish the portfolio standard for entities providing more than 1,000,000 megawatt-hours per year to retail customers and update the portfolio standard for providers of new electric resources. See https://www.leg.state.nv.us/Register/2020Register/R158-20P.pdf.

Energy (generally)

Maryland: Endangered Species

The Department of Natural Resources proposed to amend Md. Code Regs. 08.03.08.01 and -.04 to -.09. The amendments would add four new species to the list of threatened and endangered species, and reclassify 56 species by changing the status of 12 species and removing 44 species. Comments are due December 7, 2020. See http://www.dsd.state.md.us/MDR/4723.pdf (pp. 980-83).

Endangered Species

Kansas: Water (generally)

The Department of Health and Environment proposed revisions to the state surface water quality standards as part of the agency’s triennial review. A hearing will be held December 3, 2020. See https://sos.ks.gov/publications/register/2020/Vol_39_No_46_November_12_2020_pages_1391-1410.pdf (pp. 1398-99).

Water (generally)

Colorado: Water (generally)

The Department of Natural Resources proposed to amend its nontributary groundwater rules. The amendments would update geophysical logging requirements and methods for calculating specific yield. A hearing will be held January 20, 2021. Comments are due January 8, 2020. See https://www.sos.state.co.us/CCR/DisplayHearingDetails.do?trackingNumber=2020-00879.

Water (generally)

California: Water (generally)

The State Water Resources Control Board proposed to amend its total coliform rule. The amendments would, among other things, establish requirements for bacteriological monitoring, bacteriological reporting, and bacteriological sample siting plans, and establish requirements for documentation on trained personnel, public water system notification procedures, and seasonal system start-up procedures. A hearing will be held December 17, 2020. Comments are due December 18, 2020.

Water (generally)

Texas: Waste (generally)

The Commission on Environmental Quality proposed to repeal and readopt, with revisions, 30 Tex. Admin. Code §328.203 and -.204. The proposed repeal and readoption would exempt certain governmental entities from compliance with recycling requirements if compliance with the recycling program or purchasing preferences for products made of recyclable materials would create a hardship. A hearing will be held November 17, 2020. Comments are due November 24, 2020.

Waste (generally)

Kansas: Clean Water Act (CWA)

The Department of Health and Environment proposed its CWA §401 water quality certification for the draft 2020 §404 nationwide permits issued by the U.S. Army Corps of Engineers. Comments are due November 30, 2020. See https://sos.ks.gov/publications/register/2020/Vol_39_No_44_October_29_2020_pages_1347-1366.pdf (p. 1356).

Clean Water Act (CWA)