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News & Analysis In the States Volume 51, Issue 4

New Hampshire: Clean Air Act (CAA)

The Department of Environmental Services proposed to amend N.H. Code Admin. R. Ann. Env-A 502.01, 503.01, and 504.01. The amendments would incorporate by reference new and revised federal new source performance standards, NESHAPS, and maximum achievable control technology standards. A hearing will be held March 17, 2021. Comments are due March 26, 2021. See http://gencourt.state.nh.us/rules/Register/2021/February-2-11-21.pdf (pp. 1-4).

Clean Air Act (CAA)

North Carolina: Waste (generally)

The Department of Environmental Quality proposed to amend 15A N.C. Admin. Code 02D .1701 to .1710. The amendments would lower the emissions threshold for non-methane organic compounds from 50 mg/year to 34 mg/year for active landfills. A hearing will be held March 24, 2021. Comments are due April 16, 2021. See https://files.nc.gov/ncoah/documents/files/Volume-35-Issue-16-February-15-2021.pdf (pp. 1799-1808).

Waste (generally)

California: Clean Air Act (CAA)

The Air Resources Board proposed to amend its consumer products regulations. The amendments would require various consumer products, including antiperspirants and deodorants, to meet reduced standards for volatile organic compounds. A hearing will be held March 25, 2021. Comments are due March 22, 2021. See https://oal.ca.gov/wp-content/uploads/sites/166/2021/02/2021-Notice-Register-Number-6-Z-February-5-2021.pdf (pp. 150-60).

Clean Air Act (CAA)

Virginia: Land Use (generally)

The State Water Control Board proposed to adopt 9 Va. Admin. Code §25-830-155. The new section would define specific criteria related to coastal resilience for tidewater Virginia localities to consider in land development activities. Comments are due May 3, 2021. See http://register.dls.virginia.gov/vol37/iss12/v37i12.pdf (pp. 1209-11).

Land Use (generally)

Virginia: Natural Resources (generally)

The State Water Control Board proposed to amend 9 Va. Admin. Code §§25-830-130 and 25-830-140. The proposed amendments would provide performance criteria requirements related to trees, particularly mature trees, under the Chesapeake Bay Preservation Act program. Comments are due May 3, 2021. See http://register.dls.virginia.gov/vol37/iss12/v37i12.pdf (pp. 1204-09).

Natural Resources (generally)

Maryland: Hazardous Substances

The Department of the Environment proposed to amend its hazardous waste regulations. The amendments would incorporate provisions of EPA's hazardous waste generator improvements rule, modify the hazardous waste listing for nicotine, and revise requirements for hazardous waste treatability studies. Comments are due March 1, 2021. See http://www.dsd.state.md.us/MDR/4803.pdf (pp. 107-28).

Hazardous Substances

New York: Waste (generally)

The Department of Environmental Conservation proposed to adopt N.Y. Comp. Codes R. & Regs. tit. 6, §§350.1 to 350.4. The new section would establish requirements for food scrap generators, including the need to donate excess food and recycle excess food scraps if an organics facility is available. A hearing will be held April 7, 2021. Comments are due April 27, 2021. See https://www.dos.ny.gov/info/register/2021/012721.pdf (pp. 23-26).

Waste (generally)

New York: Toxic Substances (generally)

The Department of Environmental Conservation proposed to amend N.Y. Comp. Codes R. & Regs. tit. 6, §§326.2(c)(15) and 326.2(c)(16), and adopt §326.2(c)(17). The amendments and adoption would prohibit distribution, sale, purchase, possession or use of pesticide products that contain the active ingredient chlorpyrifos. A hearing will be held March 30, 2021. Comments are due April 5, 2021. See https://www.dos.ny.gov/info/register/2021/012721.pdf (pp. 21-23).

Toxic Substances (generally)

New Mexico: Water (generally)

The Water Quality Control Commission proposed to amend the standards for interstate and intrastate surface waters as part of its triennial review. A hearing will be held July 13, 2021. Comments are due that same date. See http://164.64.110.134/nmac/nmregister/xxxii/EDnotice_xxxii2.html.

Water (generally)

Florida: Clean Air Act (CAA)

The Department of Environmental Protection proposed to amend Fla. Admin. Code Ann. R. 62-296.402, -.404, -.405 and -.570. The amendments would clarify federal rule applicability and other requirements for air emissions during transient operation conditions for some source categories. Comments are due February 12, 2021. See https://www.flrules.org/gateway/ruleNo.asp?id=62-296.402.

Clean Air Act (CAA)