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State Update Volume 41, Issue 26

Nebraska: Waste

The Department of Environmental Quality amended 133 Neb. Admin. Code §§005.001 and 006.006.01. Changes alter an application deadline. See http://www.sos.state.ne.us/rules-and-regs/regtrack/proposals/0000000000001058.pdf.


Texas: Water

The Railroad Commission of Texas proposed to add 16 Tex. Admin. Code §3.29, relating to Hydraulic Fracturing Chemical Disclosure Requirements. The regulation would require operators to enter information about the chemical ingredients and volume of water used in the hydraulic fracturing treatment of a well into "FracFocus," a website of the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. There will be a public hearing October 5, 2011, and the deadline for written comment is October 11.


Washington: Air

The Department of Ecology amended Wash. Admin. Code §173.422A, Motor vehicle emission inspection. Changes amend the current emissions inspection process by exempting light diesel vehicles from inspection, eliminating the gas cap test and dynamometer testing, and tightening the test standards for heavy-duty diesel vehicles. Changes were adopted August 10, 2011 and take effect July 1, 2012. See http://apps.leg.wa.gov/documents/laws/wsr/2011/17/11-17-041.htm.


Washington: Climate Change

The Department of Ecology amended Wash. Admin. Code §§173.400, General Regulations for Air Pollution Sources, & 173.401, Operating Permit Regulation. Changes are meant to ensure consistency between state rules and federal rules for greenhouse gas that defer for a period of three years the consideration of carbon dioxide emissions from bioenergy and other biogenic sources when determining whether a stationary source meets the PSD and Title V applicability thresholds. Changes were adopted August 10, 2011, and took effect September 10.

Climate Change

Texas: Air

The Commission on Environmental Quality proposed amendments to 30 Tex. Admin. Code §111.147, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. The section pertains to visible emissions and particulate matter. Changes relate to El Paso's city plan for alley paving. There will be a public hearing September 27, 2011, and the deadline for comment is October 3. See http://www.sos.state.tx.us/texreg/pdf/backview/0902/index.shtml (pp. 5640-44).


New Hampshire: Air

The Department of Environmental Services proposed to amend Env-Wm 1404.17(e)-(i), Applicability of Stage II Vapor Recovery Requirements. Changes would eliminate requirements to install Stage II controls on certain gasoline dispensing equipment starting January 1, 2012, and require facilities to decommission Stage II equipment by December 22, 2015. There will be a public hearing October 7, 2011, and the deadline for public comment is October 17.


Tennessee: Air

The Environment and Conservation Agency amended Tenn. Admin. Code §1200.03.16, New Source Performance Standards. Changes relate to the reporting of monitored emissions, coal preparation plants, and nonmetallic mineral processing plants, and incorporate federal code changes by reference. The amendment takes effect November 27, 2011. See http://www.tn.gov/sos/rules_filings/08-43-11.pdf.


Tennessee: Climate Change

The Air Pollution Control Board amended Tenn. Admin. Code §12.03.09, Construction and Operating Permits. Changes alter the requirements for a major source operating permit so that the greenhouse gas provisions no longer apply if the U.S. Court of Appeals for the D.C. Circuit or the U.S. Supreme Court determines that greenhouse gases should not be subject to regulation. The amendment takes effect November 27, 2011. See http://www.tn.gov/sos/rules_filings/08-44-11.pdf.

Climate Change

Tennessee: Waste

The Environment and Conservation Agency amended Tenn. Admin. Code §§1200.02.04, General Provisions, and 1200.02.10, Licensing and Registration, pertaining to radioactive material. Changes amend definitions, revise transportation requirements to be consistent with those of the International Atomic Energy Agency Standards, add recordkeeping requirements for decommissioning a facility, and alter baseline dates for registered inspections. See http://www.tn.gov/sos/rules_filings/09-04-11.pdf.


Oregon: Climate Change

The Department of Environmental Quality proposed to amend Or. Admin. Code 340.215, Greenhouse gas reporting requirements, fees and program updates. The rules were initially filed as part of administrative order DEQ 12-2010 and were re-filed on request of legislative counsel. The rules were certified to be effective July 21, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/September2011_Bulletin.pdf (pp. 49-55).

Climate Change
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