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State Update Volume 41, Issue 9

Alaska: Air

The Department of Environmental Conservation amended 18 Alaska Admin. Code 50.030, relating to the State Air Quality Control Plan. Changes incorporate documents by reference. The amendment was adopted February 11, 2011, and becomes effective April 11. http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/e5f7d14afcff0c0989257855007afeda?OpenDocument.

Air

Arizona: Air

The Department of Environmental Quality proposed to repeal 18 Ariz. Admin. Code 2.18, Clean Car Standards. Arizona originally adopted the measure based on the Climate Change Advisory Group§s Recommendation for reducing greenhouse gases, based on California's low emission vehicle program, but the department proposed eliminating the measure as new federal standards are similar to California's requirements. In addition, according to the department, the zero emission vehicle mandate is too costly or impractical for Arizona.

Air

Illinois: Wildlife

The Department of Natural Resources amended 17 Ill. Admin. Code 1010, Illinois List of Endangered and Threatened Fauna. Changes add language to state that species or subspecies designated as federally endangered or threatened are included on the list and add the Northern Riffleshell to the list as a result of the department's reintroduction of the species into two Illinois streams. The change took effect February 22, 2011.

Wildlife

Indiana: Governance

The Office of Environmental Adjudication amended 315 Ind. Admin. Code 1, which identifies provisions of the code of judicial conduct that are applicable to environmental law judges. Among other changes, the regulations now allow environmental law judges to provide mediation services. The amendments took effect March 24, 2011. http://www.in.gov/legislative/iac/20110323-IR-315100482FRA.xml.pdf.

Governance

Indiana: Air

The Indiana Department of Environmental Management has developed draft rule language for amendments to 326 Ind. Admin. Code 2 to exclude ethanol production facilities from those defined under the term "chemical process plants" in the major source category. There will be a public hearing May 4, 2011. http://www.in.gov/legislative/iac/20110316-IR-326110099FDA.xml.pdf.

Air

Indiana: Climate Change

The Air Pollution Control Board amended 326 Ind. Admin. Code 2 to incorporate the greenhouse gas tailoring rule. The amendment took effect March 14, 2011. http://www.in.gov/legislative/iac/20110316-IR-326100505FRA.xml.pdf.

Climate Change (generally)

Maryland: Land use

The Department of Natural Resources proposed to amend Md. Code Regs. 08.07.05, Woodland Incentive Program. Changes would remove the prohibition on utilizing federal funds in conjunction with State Woodland Incentive funds. The deadline for comment is April 11, 2011. http://www.dsd.state.md.us/mdregister/3806.pdf pp. 399-400.

Land use

Nebraska: Waste

The Department of Environmental Quality amended 132 Neb. Admin. Code §11, Disposal Fees, to add facilities that transport waste out of state for disposal to the chapter as facilities that must pay fees. Changes took effect March 21, 2011. http://www.sos.state.ne.us/rules-and-regs/regtrack/proposals/0000000000000925.pdf.

Waste

Nebraska: Water

The Department of Environmental Quality amended 119 Neb. Admin. Code §28, Permit-By-Rule for Pesticides, which relate to the application of pesticides near state waters. The changes outline rules for water levels at the time of application and require applicators to be able to identify certain species. The changes took effect March 21, 2011. http://www.sos.state.ne.us/rules-and-regs/regtrack/proposals/0000000000000923.pdf.

Water

New York: Climate Change

The Department of Environmental Conservation proposed to amend N.Y. Comp. Codes R. & Regs. tit. 6, §§200, 201 and 231, New Source Review Requirements for Proposed New Major Facilities and Major Modifications to Existing Facilities. Changes would add definitions for greenhouse gases and carbon dioxide equivalent. There will be a public hearing on June 1, 2011, and the deadline for comment is June 10. http://www.dos.state.ny.us/info/register/2011/mar23/pdfs/rules.pdf pp. 6-12.

Climate Change (generally)