News Digest - April 26, 2019

Our friends at Lloyd Gosselink have broken down what we can expect from the EPA’s PFAS Action Plan. While over 5,000 different chemical compounds are part of the EPA’s Master List, the focus of action is in designating two specific types of PFAS as hazardous substances with Maximum Contaminant Levels set under the Safe Drinking Water Act.

The EPA issued a clarification of their interpretation of the scope of the Clean Water Act. With a case on this very issue being heard at the Supreme Court, the regulatory agency announced that pollutants which make their way into surface water via groundwater discharges do not fall under the regulatory authority given to them by the Clean Water Act. The case pending before the nation’s top court, County of Maui v. Hawai'i Wildlife Fund, may yet create a new standard to replace the old “significant nexus” test imposed by the Court’s 2004 split decision in Rapanos v. United States.ds

The Texas Commission on Environmental Quality has three planning workshops for Small Municipal Separate Storm Sewer Systems (MS4) owners and operators in urbanized areas. The revised MS4 permit requires systems to have a stormwater management plan by July 23 of this year, TCEQ staff will discuss the MS4 permit system, as well as how to develop a stormwater management plan and annual report. Seats are still available for the April 30th workshop in Houston, and June 4th in Waco.

The Texas+Water Team look at what April meant for the water environment of Texas as the Senate and House move forward with Harvey-related spending, flood planning, and produced water bills.

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