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State Update Volume 41, Issue 32

Montana: Land Use

The Department of Natural Resources amended Mont. Admin. Code 36.25, pertaining to the land banking program. Changes add a definition for "sale units" that can be made up of multiple parcels of land. See http://sos.mt.gov/arm/Register/archives/MAR2011/MAR11-21.pdf (pp. 2414-15).

Land Use

Indiana: Air

The Air Pollution Control Board temporarily amended 326 Ind. Admin. Code §§2.2, 2.3, & 2.7, concerning new source review provisions for particulate matter less than 2.5 microns and the deferral of carbon dioxide emissions from bioenergy and other biogenic sources. See http://www.in.gov/legislative/iac/20111109-IR-326110680ERA.xml.pdf.


Maine: Wildlife

The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 305, Permit by Rule Standards, Section 20, concerning activities located in, on, or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas. Changes would allow activities occurring in high- or moderate-value waterfowl and wading bird habitat to be eligible for a permit-by-rule. There will be a public hearing December 1, 2011, and the deadline for comment is December 12.


Illinois: Waste

The Pollution Control Board amended 35 Ill. Admin. Code §702, RCRA and UIC Permit Programs, and §§720-726 and §728, Hazardous Waste Management System. Changes update the regulations to correspond with U.S. EPA hazardous waste rules and make technical amendments. The amendments took effect October 14, 2011. See http://www.cyberdriveillinois.com/departments/index/register/register_volume35_issue45.pdf (pp. 17647-18330).


Florida: Water

The Department of Environmental Protection proposed to amend 62 Fla. Admin. Code §113.100, Delegations. Changes would partially delegate the Environmental Resource Permit program from the Department of Environmental Protection to the Environmental Protection Commission of Hillsborough County.


Georgia: Water

The Environmental Protection Division released its NPDES Pesticide General Permit GAG820000, covering pesticide applications in or near waters of the state of Georgia. The permit became effective October 28, 2011. See http://www.georgiaepd.org/Documents/NPDESPesticideGeneralPermit.html.


Connecticut: Air

The Department of Environmental Protection proposed to amend Regulations of Connecticut State Agencies §22a-174-22d, which would establish an intrastate nitrogen oxide (NOx) ozone season cap-and-trade program. The program would replace the Clean Air Interstate Rule NOx Ozone Season Trading Program, §22a-174-22c, which will sunset by federal action on December 31, 2011. There will be a public hearing December 15, 2011, and the deadline for written comment is December 16.


California: Toxic Substances

The Office of Environmental Health Hazard Assessment added estrogen-progestogen used as menopausal therapy, etoposide, etoposide in combination with cisplatin and bleomycin, methyl isobutyl ketone, and MOPP (vincristine-prednisone-nitrogen mustard-procarbazine mixture) to the list of chemicals known to the state to cause cancer. The listing took effect November 4, 2011. See http://www.oal.ca.gov/res/docs/pdf/notice/44z-2011.pdf (p. 1805).

Toxic Substances

Arizona: Air

The Department of Environmental Quality proposed to repeal Ariz. Admin. Code 18.2, Air Pollution Control. Changes would update the state's new source review rules to eliminate the "SIP gap." There will be a public hearing December 18, 2011, and the deadline for comment is January 12, 2012. See http://www.azsos.gov/public_services/Register/2011/44/proposed.pdf.