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State Update Volume 42, Issue 1

Maine: Water

The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances. Changes would remove the requirement that wetlands rated as moderate or high value waterfowl and wading bird habitat by the Department of Inland Fisheries and Wildlife be designated as Resource Protection under the rules. There will be a public hearing January 17, 2012, and the deadline for comment is January 27.


Illinois: Air

The Pollution Control Board proposed to amend 35 Ill. Admin. Code §201, Permits and General Provisions. Changes allow qualifying smaller sources to register with a new program as an alternative to permitting obligations, paying an annual fee of $235, submitting initial and annual certification that the source continues to meet program criteria, and keeping records supporting the certification. The amendment took effect December 5, 2011.


Wisconsin: Waste

The Department of Natural Resources amended Wis. Admin. Code NR §500, relating to compost use standards. See http://docs.legis.wisconsin.gov/code/register/2011/672a/register.pdf (p. 9).


Wyoming: Water

The Environmental Quality Council proposed to amend chapters 5 & 11, pertaining to sewage systems. There will be a public hearing January 13, 2012. See http://deq.state.wy.us/wqd/events/Chapter11/EQC_Public_Notice_Chapters%203,5,11,12,16,20,21,23%20w-addit%27l.%20chapters%2025%20and%2026%20(1).pdf.


Utah: Air

The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.210.1, Standards of Performance for New Stationary Sources, to incorporate changes to federal regulations. The deadline for public comment is January 17, 2012, and the rule may become effective March 7. See http://www.rules.utah.gov/publicat/bull_pdf/2011/b20111215.pdf (pp. 7-10).


Texas: Waste

The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §§336.702, 336.745, & 336.747, Licensing Requirements for Near-Surface Land Disposal of Low Level Radioactive Waste. Changes would implement provisions of a Senate bill that addresses incidental commingling of low-level radioactive waste. There will be a public hearing January 12, 2012, and the deadline for comment is January 23. See http://www.sos.state.tx.us/texreg/pdf/backview/1223/1223is.pdf (pp. 8723-25).


Texas: Governance

The Commission on Environmental Quality proposed to add 30 Tex. Admin. Code §80.110, pertaining to contested case hearings. The rule would determine factors the public interest counsel must consider before deciding on a commission proceeding and before prioritizing workload. There will be a public hearing January 24, 2012, and the deadline for comment is January 30. See http://www.sos.state.tx.us/texreg/pdf/backview/1223/1223is.pdf (pp. 8723-25).


Texas: Air

The Commission on Environmental Quality amended 30 Tex. Admin. Code §115, Control of Air Pollution from Volatile Organic Compounds. Changes implement new volatile organic compound storage tank control requirements. Amendments took effect December 29, 2011. See http://www.sos.state.tx.us/texreg/pdf/backview/1223/1223is.pdf (pp. 8862-73).


Tennessee: Waste

The Environment and Conservation Agency proposed to amend Tenn. Admin. Code §0400.11.01, Solid Waste Processing and Disposal. Changes concern the Jackson Law and Private Acts of 1990 and add a new section, Coordinating Local Approval with Review of Permits and Permits by Rule. There will be a public hearing February 16, 2012, and the deadline for written comment is March 1. See http://www.tn.gov/environment/swm/ppo/docs/JacksonLawpublicnoticeredline12-6-11final.pdf.


Rhode Island: Waste

The Environmental Management Agency amended Details for Regulation Rules and Regulations for Sewage Sludge Management. The change is intended to reduce the regulatory burden on entities such as landscapers that use Class A Biosolids and will not result in significant change to the regulations. The amendment takes effect January 4, 2012. See http://sos.ri.gov/rules/index.php?page=details&erlid=6669.