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State Update Volume 42, Issue 2

Utah: Air

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

Air (generally)

Texas: Water

The Water Development Board amended 30 Tex. Admin. Code §371, Drinking Water State Revolving Fund. Changes authorize expedited environmental review procedures required for entities seeking funding in emergency situations. The amendments took effect January 9, 2012. See http://www.sos.state.tx.us/texreg/pdf/backview/1230/1230is.pdf (pp. 9336-39).

Water

Oregon: Water

The Department of Environmental Quality amended Or. Admin. Code R. 340.045.0100, Revised “Initiation Level” Rule for Persistent Pollutants in Wastewater. Changes suspend the requirement to develop a reduction plan for cholesterol and coprostanol and allow the Department to narrow the list of pollutants for which future permittees must monitor. The rule was certified November 18, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/January2012_Bulletin.pdf (p. 100).

Water (generally)

Oregon: Land Use

The Land Conservation and Development Department proposed to adopt Or. Admin. R. 660 to conform regulations to new laws. The deadline for comment is January 26, 2012. See http://arcweb.sos.state.or.us/doc/rules/bulletin/January2012_Bulletin.pdf (p. 10).

Land Use

Oregon: Energy

The Land Conservation and Development Department amended Or. Admin. Code R. 660.033 to adopt permanent rules specifically applicable to siting photovoltaic solar power generation facilities. The rule was certified November 23, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/January2012_Bulletin.pdf (pp. 153-61).

Energy (generally)

Oregon: Energy

The Department of Energy amended Or. Admin. R. 330-090, pertaining to the Business Energy Tax Credit. The amendments implement statutory changes to the sunset of the program and provide a process for participants to demonstrate "beginning construction before April 15, 2011" for the purpose of extending the time allowed to receive final certification of their facility. In addition, new rules provide for the administration of the Business Energy Tax Credit Manufacturing program from January 1, 2012. The rule was certified November 30, 2011.

Energy (generally)

Oregon: Energy

The Department of Energy amended Or. Admin. R. 330.180, concerning procedures for consumer-owned utility power purchases to comply with the greenhouse gas emissions standard. The rule was certified November 22, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/January2012_Bulletin.pdf (pp. 96-98).

Energy (generally)

Ohio: Climate Change

The Environmental Protection Agency proposed to amend Ohio Admin. Code 3745.31.34 & 3745.77.11 to adopt an exemption for facilities that use biomass as a fuel in their processes. This will make Ohio's rules equivalent to the Greenhouse Gas Tailoring Rules. There will be a public hearing February 8, 2012. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_154540_20111230_0800.pdf.

Climate Change (generally)

New Jersey: Energy

The Department of Environmental Protection proposed to readopt N. J. Admin. Code §7:7E-7.4, Energy Facility Use Rule. The provision proposed for readoption allows for the construction of wind energy facilities on piers in certain circumstances. The deadline for comment is March 3, 2012. See http://www.lexisnexis.com/njoal/ (44 N.J.R. 12(a)).

Energy (generally)

Nevada: Wildlife

The Board of Wildlife Commissioners amended Nev. Admin. Code §503.025 to declassify the red fox as a fur-bearing mammal, classify the rosy boa as a protected reptile, and provide for the possession, transportation, importation and exportation of certain wolves without a permit or license. See http://www.leg.state.nv.us/register/2011Register/R056-11A.pdf.

Wildlife (generally)