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News & Analysis In the States Volume 51, Issue 7

North Carolina: Water (generally)

The Environmental Management Commission proposed to amend the the state's surface water quality standards and qualifications as part of a triennial review. A hearing will be held July 20, 2021. Comments are due August 3, 2021. See https://files.nc.gov/ncoah/documents/files/Volume-35-Issue-22-May-17-2021.pdf (pp. 2407-33).

Water (generally)

Maine: Waste (generally)

The Department of Environmental Protection proposed to amend the hazardous waste management rules. The amendments would incorporate federal standards and updates for, among other things, new hazardous waste listings, waste exclusions, and the import and export of hazardous waste. Comments are due June 18, 2021. See https://www.maine.gov/sos/cec/rules/notices/2021/051921.html.

Waste (generally)

New York: Air (generally)

The Department of Environmental Conservation proposed to adopt new monitoring, operational, and reporting requirements for the oil and natural gas sector to reduce emissions of methane and volatile organic compounds. A hearing will be held July 20, 2021. Comments are due July 26, 2021. See https://dos.ny.gov/system/files/documents/2021/05/051221.pdf (pp. 6-11).

Air (generally)

Colorado: Air (generally)

The Department of Public Health and Environment proposed to amend 5 Colo. Code Regs. §1001-9. The amendments would require the implementation of reasonably available control technology for process heaters at major sources of nitrogen oxide and revise the metal surface coating provisions to correspond to EPA recommendations. A hearing will be held July 16, 2021. Comments are due June 29, 2021. See https://www.sos.state.co.us/CCR/DisplayHearingDetails.do?trackingNumber=2021-00252.

Air (generally)

California: Energy (generally)

The Energy Commission proposed to amend the California Building Energy Efficiency Standards. The amendments would, among other things, revise the prescriptive compliance path available for building projects to include only heat pump technology in specific circumstances and add new prescriptive solar photovoltaic and battery requirements for certain newly constructed nonresidential building types. A hearing will be held August 11, 2021. Comments are due June 21, 2021.

Energy (generally)

South Carolina: Hazardous Substances

The Department of Health and Environmental Control proposed to amend the Hazardous Waste Management Regulations. The amendments would adopt the federal final rule titled “Modernizing Ignitable Liquids Determinations,” which updates the flash point test methods used to determine if a liquid waste is hazardous. Comments are due May 24, 2021. See https://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=Sr45-4.pdf.

Hazardous Substances

Oklahoma: Clean Air Act (CAA)

The Department of Environmental Quality proposed to amend Okla. Admin. Code §§252:100-7-15(a)(2)(B)(i), 252:100-37-16(c), and 252:100-8-36.2.

Clean Air Act (CAA)

Montana: Natural Resources (generally)

The Department of Natural Resources proposed to amend Mont. Admin. R. 36.25.205 pertaining to oil and gas leases on state lands. The amendments would set a framework to implement S.B. 41 concerning oil and gas lease auctions on state lands. A hearing will be held May 27, 2021. Comments are due May 28, 2021. See https://sosmt.gov/download/681/2021/44203/issue-8-current.pdf.

Natural Resources (generally)

Georgia: Land Use (generally)

The Environmental Protection Division proposed to amend Ga. Comp. R. & Regs. 391-3-7-.01, -.05, -.09, and -.11. The amendments would ensure consistency between the Rules for Erosion and Sedimentation Control and the 2020 amendments to the Erosion and Sedimentation Act under S.B. 445, ensure consistency with the Georgia Administrative Procedure Act, and clarify existing processes. A hearing will be held May 11, 2021. Comments are due May 24, 2021.

Land Use (generally)

Connecticut: Underground storage tanks (USTs)

The Department of Energy and Environmental Protection proposed to adopt revisions to the Underground Storage Tank Regulations. The revisions would ensure that Connecticut’s UST program is no less stringent than the federal program. A hearing will be held June 3, 2021. Comments are due June 7, 2021. See https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid={00033D79-0000-C21F-AA4B-67C9C39F7701}.

Underground storage tanks (USTs)