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State Rules
by BLR (Business & Legal Reports Inc.)
February 1, 2012

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CA – OZONE PLANS APPROVED
The EPA has approved 8-hour ozone air quality plans for two areas that are considered by the federal agency to have the worst air quality in the nation. As a result, the San Joaquin Valley and the South Coast must achieve the Clean Air Act’s 1997 8-hour standard for ozone of 0.08 ppm by 2024. Although these areas have demonstrated some reduction in air pollution, Jared Blumenfeld, EPA’s regional administrator for the Pacific Southwest, said, “These plans will spur development of new technologies and will cut NOX emissions by almost 700 tons per day over the next twelve years and help reduce the number of cases of asthma and other respiratory ailments.”

GA – LIMITING SMOKE
According to the open burning rule developed by the state’s Environmental Protection Division, a county population of more than 65,000 triggers air quality requirements for all land clearing activities. Anyone clearing land by burning vegetative material must use an Air Curtain Destructor, which is a forced-air pit incinerator that generates a barrier of air over a fire that limits the amount of smoke that can be released.

NC – NEW OFFICE FOR SMALL BIZ COMPLIANCE
The NCDENR is in the process of developing a new out¬reach center to help small businesses, landowners and residents comply with environmental rules. The Environmental Permit and Compliance Assistance Center will focus on the needs of those customers who are frequently affected by environmental rules, but lack the expertise and money needed to hire someone to guide them through the regulatory, permitting and compliance processes.

KY – AMENDED UST REGULATIONS
The state’s Division of Waste Management recently amended two regulations pertaining to the man¬agement of underground storage tanks. The Small Owners Tank Removal Account (SOTRA) regulation at 401 KAR 42:330 was revised to establish the eligibility require¬ments and rates for reimbursement from the SOTRA. To demonstrate eligibility, petroleum tank owners must prove that they earned an average of $100,000 total income during the last five years, as documented by the applicant’s signed federal income tax returns.

OH – MORE GENERAL AIR PERMITS ISSUED
The OEPA has issued several new common air permits that will facilitate the authorization process for sources that qualify. Sources of air pollutants within the state must obtain a permit from the OEPA before they are able to install, operate or modify further facilities that have previously polluted the state’s natural resources.

UT – E-WASTE LAW PASSED
The 2011 legislature passed an e-waste law that required manufacturers, who wished to sell consumer electronic devices within the state, to establish a public education program by Jan. 1, 2012. The program will inform consumers about eligible collection, reuse and recycling programs.

VA – PERMIT BY RULE FOR WIND ENERGY PROJECTS
The state has adopted regulations to implement the 2009 Small Renewable Energy Projects state stat¬ute. The new permit-by-rule regulations apply to wind energy projects with rated capacity not exceeding 100 megawatts. The regulations can be found in nine state Administrative Codes VAC 15-40-10 through 9 VAC 15-40-140. The regulations establish requirements for potential environmental impact analyses, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, compliance and enforcement.

WA – WA TO ADOPT REGS ABOUT CHEMO DRUGS
Gov. Chris Gregoire has signed a bill into law that directs the Department of Labor & Industries to adopt requirements for the handling of chemotherapy and other hazardous drugs. This is the first state in the nation to require protection for healthcare workers that work with patients using these hazardous drug treatments.





BLR (Business & Legal Reports Inc.)
This update is provided by Business & Legal Reports Inc., practical EHS publishers since 1977. Find environmental answers and state compliance help online at http://enviro.blr.com or contact BLR at (800) 727-5257.

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