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Arkansas – Expansion of NPDES Permit by Rule

The Arkansas DEQ is in the process of expanding permit-by-rule regulations for the NPDES program. The proposed changes would add a new section that provides for the issuance of permits-by-rule for construction of individual wastewater treatment facilities that generate less than 1,000 gallons per day of domestic waste, providing certain conditions are met. Currently, entities seeking to construct an individual domestic waste treatment system must apply for an individual construction permit.

Colorado – Clean Air-Clean Jobs Act Signed

In March, Gov. Bill Ritter signed the Colorado Clean Air-Clean Jobs Act into law, which the governor hailed as a “template for tomorrow that allows us to transform our energy portfolio, our economy, and our environment by working strategically and collaboratively.” The law requires Xcel Energy to cut NOX emissions by up to 80 percent from several Front Range coal plants by the end of 2017. Xcel will give primary consideration to replacing or repowering those plants with natural gas, renewable materials, greater efficiencies and other cleaner energy sources.

Florida – Pesticide Secondary Containment Rules

Florida companies could incur significant costs to install or modify secondary containment for pesticide bulk storage. Under 40 CFR 165, the federal EPA requires secondary containment for stationary containers and for pesticide dispensing areas. The state Department of Agriculture and Consumer Services plans to adopt by reference the federal rules governing containers of dry pesticides and containment pads of liquid and dry pesticides at pesticide dispensing areas.

New Hampshire – Landfill Leachate Rules Amended

The Department of Environmental Services recently approved revisions to state requirements for management of leachate in lined landfills. The amendments allow innovative alternative systems to be used and outline the criteria. Landfill permittees that have a leachate collection system designed and constructed to maintain less than a 30-cm depth of leachate on the liner may apply for approval to use innovative alternative leachate management methods. Before implementing any alternative method, the permittee must apply to the state for a type I-B permit modification.

North Carolina – Beach Erosion Controls Considered

The North Carolina Coastal Resources Commission recently voted to recommend specific considerations if the General Assembly decides to lift limitations on terminal groins on the state’s shorelines. Terminal groins are hardened structures used to minimize down-drift sediment losses and beach erosion. Current state law bans them with a few limited exceptions.

Pennsylvania – DEP Addressing TDS

In an effort to protect Pennsylvania waters from high levels of total dissolved solids (TDS), the DEP is proposing to amend regulations and implement a new permitting strategy. Of primary concern are the high levels of TDS caused by increased natural gas drilling in the Marcellus Shale formation. TDS is a measure of all elements dissolved in water including carbonates, chlorides, sulfates, nitrates, sodium, potassium, calcium and magnesium.

Texas – Feds Foil Air Permitting Program

After sitting on the state’s request for 13 years, the federal EPA informed TCEQ that the state could not include its Qualified Facilities Air Permit Program in the state implementation plan to bring areas into attainment with the 1997 eight-hour ozone national ambient air quality standard.

Virginia – Stormwater Regulations Delayed

The Virginia General Assembly and Gov. Bob McDonnell have approved legislation (HB 1220) to delay the stormwater management regulations originally planned to take effect July 1, 2010. The Virginia Association for Commercial Real Estate noted that increased requirements for phosphorus reduction and implementation of other proposed changes had greatly concerned the development community as to possible significant cost increases.