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State Update Volume 42, Issue 35

New York: Mining

The Department of Environmental Conservation proposed to amend N.Y. Comp. Codes R. & Regs. tit. 6, §§52, 190, 560, and 750, High Volume Hydraulic Fracturing. The deadline for public comment is January 12, 2012. See http://www.dos.ny.gov/info/register/2012/dec12/pdf/rulemaking.pdf (pp. 3-10).


Maine: Clean Air Act (CAA)

The Department of Environmental Protection amended 06-096 Code Me. Regs. Ch.127, New Motor Vehicle Emission Standards. Changes incorporate amendments to California's Low Emission Vehicle rule. The rule took effect December 12, 2012. See http://www.maine.gov/sos/cec/rules/notices/2012/121212.html.

Clean Air Act (CAA)

Iowa: Quality

The Environmental Protection Commission amended Iowa Admin. Code Ch. 64, Wastewater Construction and Operation Permits, to provide relief to economically disadvantaged communities from the costs of compliance with federal and state water pollution control laws. Regulations will specify that a community cannot be required to install a wastewater system if the system is unaffordable, but that the community must continue to make reasonable progress towards compliance, and that the alternative pursued must comply with state and federal law.


District of Columbia: Hazardous Substances

The Department of the Environment proposed to amend 20 D.C. Mun. Regs. §42, Standards for the Management of Hazardous Waste and Used Oil. Changes would remove some provisions that are stricter than federal RCRA standards, as such rules are no longer necessary. In addition, changes would lower the annual permit fee for small quantity generators with fewer than eight employees. The deadline for comment is January 5, 2013. See http://www.dcregs.dc.gov/Gateway/NoticeHome.aspx?noticeid=4094678.

Hazardous Substances

Colorado: Waste

The Department of Public Health and Environment amended 6 Colo. Code Regs. §1007.3, Hazardous Waste- Identification and Listing of Hazardous Waste. Changes pertain to claim documentation and the definition of "reclaimed." Changes take effect December 30, 2012.

Waste (generally)

Minnesota: Endangered Species

The Department of Natural Resources proposed to amend Minn. R. 6134 to revise the list of endangered, threatened, and special concern species. There will be public hearings January 29- February 7, 2013. See http://www.comm.media.state.mn.us/bookstore/stateregister/37_24.pdf (pp. 875-905).

Endangered Species

California: Clean Air Act (CAA)

The Air Resources Board proposed to amend Cal. Code Regs. tit. 13 §§2262.9, 2263, and 2282, to alter regulations for the gasoline and diesel fuel test methods. There will be a public hearing January 25, 2013. See http://www.oal.ca.gov/res/docs/pdf/notice/49z-2012.pdf (pp. 1764-69).

Clean Air Act (CAA)

Illinois: Toxic Substances

The Department of Public Health proposed to amend 77 Ill. Admin. Code §855, Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois. Revisions would require that commercial and public building asbestos abatement requirements are consistent with school asbestos abatement requirements. The deadline for comment is January 21, 2013. See http://www.cyberdriveillinois.com/departments/index/register/register_volume36_issue49.pdf (pp.

Toxic Substances (generally)

Indiana: Water

The Natural Resources Commission amended 312 Ind. Admin. Code §11, which regulates the management of public freshwater lakes, to allow extended license durations for qualified temporary structures and dredging activities. The rule takes effect July 1, 2013. See http://www.in.gov/legislative/iac/20121205-IR-312120270FRA.xml.html.

Water (generally)

Texas: Quantity

The Commission on Environmental Quality amended 30 Tex. Admin. Code §§288.1 - 288.5, Water Conservation Plans. Changes implement amendments to laws regarding the calculation and reporting of water usage by municipalities and water utilities for planning purposes. Amendments took effect December 6, 2012. See http://www.sos.state.tx.us/texreg/pdf/backview/1130/1130is.pdf (pp. 9515-22).