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News & Analysis In the States Volume 51, Issue 2

New Jersey: Energy (generally)

The Board of Public Utilities proposed to amend 52 N.J. Admin. Code §14:8-2.5. The amendments would allow any solar energy generated within, or delivered into, the regional transmission system operated by PJM Interconnection to receive Class I renewable energy certificates eligible to meet New Jersey's renewable portfolio standards. Comments are due February 5, 2021.

Energy (generally)

Mississippi: Water (generally)

The Local Governments and Rural Water System Improvements Board released its draft fiscal year 2021 intended use plan for the drinking water systems improvements revolving loan fund. A hearing will be held January 11, 2021. See https://www.sos.ms.gov/adminsearch/ACProposed/00025279a.pdf.

Water (generally)

Minnesota: Water (generally)

The Pollution Control Agency proposed to amend its water quality standards. The amendments would update standards for water used in industrial and agricultural processes and clarify permit conditions for facilities that discharge to waters with beneficial use designations. A hearing will be held February 4, 2021. Comments are due February 11, 2021. See https://mn.gov/admin/assets/SR45_24%20-%20Accessible_tcm36-458023.pdf (pp. 577-644).

Water (generally)

Iowa: Waste (generally)

The Environmental Protection Commission proposed to amend Chapters 134-136, concerning USTs. The amendments would, among other things, regulate emergency power generator tanks, airport hydrant fuel distribution systems, and field-constructed tanks, and disallow flow restrictors in vent lines for new installations or when replacing equipment. Hearings will be held January 6, 7, and 8, 2021. Comments are due January 8, 2021. See https://www.legis.iowa.gov/docs/aco/bulletin/12-16-2020.pdf (pp. 1163-1222).

Waste (generally)

Indiana: Hazardous Substances

The Solid Waste Management Division proposed to amend 329 Ind. Admin. Code 3.1-14 and 3.1-15. The amendments would specify requirements for financial assurance at hazardous waste facilities. Comments are due January 8, 2021. See http://iac.iga.in.gov/iac//20201209-IR-329140287PRA.xml.pdf.

Hazardous Substances

Utah: Water (generally)

The Department of Natural Resources proposed to adopt Utah Admin. Code r. 665-18. The new rule would establish standards for 40-year plans submitted by public water suppliers to the Division of Water Rights. Comments are due January 14, 2021. See https://rules.utah.gov/wp-content/uploads/b20201215.pdf (pp. 90-93).

Water (generally)

Virginia: Energy (generally)

The State Corporation Commission proposed to amend 20 Va. Admin. Code §§5-315-20, -40, and -50. The amendments would increase caps on participation in net metering by residential and nonresidential customers and add the parameters under which the Commission will conduct a net metering proceeding and establish the rules under which certain localities will be permitted to install solar-powered or wind-powered facilities. Comments are due December 22, 2020.

Energy (generally)

Rhode Island: Water (generally)

The Department of Environmental Management proposed to repeal and readopt with changes its rules and regulations governing the administration and enforcement of the freshwater wetlands act. The amendments would, among other things, distinguish buffer zone requirements by the designation of regions and establish a new process for the issuance of general permits. A hearing will be held December 17, 2020. Comments are due January 8, 2021. See https://rules.sos.ri.gov/promulgations/part/250-150-15-2.

Water (generally)

New Mexico: Energy (generally)

The Oil Conservation Commission proposed to adopt N.M. Code R. §§19.15.27 and .28, and amend §§19.15.7, .18, and .19. The new rules and amendments would, among other things, establish requirements for operators of oil and gas production facilities to report and reduce the venting and flaring of natural gas and establish requirements for operators of natural gas gathering systems, including gathering pipelines, to report and reduce the venting and flaring of natural gas. A hearing will be held January 4, 2021.

Energy (generally)

Nevada: Natural Resources (generally)

The Public Utilities Commission proposed to adopt new regulations concerning gas pipelines. The new regulations would require any person who operates or maintains intrastate pipeline for the transportation of natural gas, liquefied petroleum gas, in its liquid or vapor form, or any mixture thereof to conduct a leakage survey with leak detector equipment at least once per calendar year, at intervals not exceeding 15 months. See https://www.leg.state.nv.us/Register/2020Register/R032-20P.pdf

Natural Resources (generally)