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State Update Volume 42, Issue 16

Tennessee: Waste

The Environment and Conservation Agency proposed to add Tenn. Admin. Code §0400.40.15, Biosolids Management, to promulgate rules for land application of biosolids. The rules are substantially similar to federal regulations, which the state has no authority to enforce. There will be public hearings July 23, 24, 30 & 31, 2012, and the deadline for comment is September 7. See http://state.tn.us/sos/rules_filings/05-13-12.pdf.

Waste (generally)

Tennessee: Energy

The Environment and Conservation Agency proposed to amend Tenn. Admin. Code §0400.52.02 to address requests from environmental groups to amend oil and gas rules. Interest groups have requested a number of new or altered regulations, including a rule that drilling applications include a notice of intent to conduct fracturing, one that adds a public comment period and an option for a hearing for every new oil or gas well, and increased requirements for well casings, among other proposals.

Energy (generally)

South Carolina: Climate Change

The Department of Health and Environmental Control proposed to revise the General Conditional Major air pollution operating permit for Fuel Combustion Operations to include greenhouse gas limitations. The deadline for comment is June 25, 2012. See http://www.scdhec.gov/administration/regs/docs/20120525-BAQ-NOGPI.doc.

Climate Change (generally)

Ohio: Air

The Environmental Protection Agency amended Ohio Admin. Code §§3745.19.01 & 3745.19.06, Open Burning Regulations. Changes do not significantly alter the rule but do add the burning of confiscated marijuana to the list of permitted open burning activities. The amendments took effect May 27, 2012. See http://wwwapp.epa.ohio.gov/legal/pubnots/120518.pdf.

Air

New York: Wildlife

The Department of Environmental Conservation proposed to repeal and replace N.Y. Comp. Codes R. & Regs. tit. 6, §193.3, Protected Native Plants List. The new section would update the lists of endangered, threatened, rare, or exploitably vulnerable plants to reflect changes in plant populations since the lists were last updated in 2000. See http://www.dos.ny.gov/info/register/2012/may23/pdfs/rules.pdf (pp. 4-6).

Wildlife (generally)

Nevada: Energy

The Office of Energy proposed to amend Nev. Admin. Code §701A, relating to energy tax incentives. See http://www.leg.state.nv.us/register/2011Register/R125-11RP1.pdf.

Energy (generally)

Montana: Land Use

The Board of Environmental Review proposed to amend Mont. Admin. R. 17.24.902 and 17.24.903. The amendment would stipulate that rules regarding the air pollution control plan, plans for disposal of excess spoil, monitoring for settlement, and auger mining and remining do not apply to in situ coal operations. The deadline for comment is June 21, 2012. See http://sos.mt.gov/arm/Register/archives/MAR2012/MAR12-10.pdf (pp. 1027-29).

Land Use (generally)

Mississippi: Clean Air Act (CAA)

The Department of Environmental Quality proposed to amend Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act. Changes conform the regulation to state law, removing the maximum amount of annual Title V permit fees that may be assessed to an air emission source. There will be a public hearing June 5, 2012.

Clean Air Act (CAA)

Maine: Land Use

The Land Use Regulation Commission proposed to amend 06-096 Code Me. Regs. Ch. 10, Land Use Districts and Standards. Changes would alter rules for small projects by allowing the construction of accessory structures smaller than 750 square feet in certain subdistricts without a permit. The deadline for comment is June 22, 2012. See http://www.maine.gov/sos/cec/rules/notices/2012/052312.html.

Land Use (generally)

Maine: Clean Air Act (CAA)

The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 110, Ambient Air Quality Standards, to incorporate federal NAAQS and PSD standards. The deadline for comment is June 22, 2012. See http://www.maine.gov/sos/cec/rules/notices/2012/052312.html.

Clean Air Act (CAA)