2.16.12 – 3.5.12 - Beta Site

							            For ASSE Members Only -- A Membership Benefit

                          ASSE Government Affairs

                 State SH&E Regulatory Activity Report

                              2.16.12 – 3.5.12

                                     CA
AGENCY:     Environmental Protection Agency/Air Resources Board
TITLE:      Carbon Intensity Lookup Tables
PROPOSED:   01/07/2011
            Incorporates by reference various documents with regard to the
            low carbon fuel standard regulations and the carbon intensity
SUMMARY:    lookup tables. Outlines the methodology for determination of
            carbon intensity values of various fuel pathways, including types of
            biodiesel and ethanol.
AGENCY      Clerk of the Board, Air Resources Bd, 1001 I ST, Sacramento, CA
CONTACT:    95814
CITATION:   Title 17 CCR Section 95486
             02/21/2012    Adopted Rule Filing
                           Effective Date: 02/21/2012
STATUS:                    No. 9, California Regulatory Notice Register
                           03/02/2012 pp.292-293


                                     CA
            Labor and Workforce Development Agency/Department of
AGENCY:     Industrial Relations/Occupational Safety and Health Standards
            Board
TITLE:      Airborne Contaminants; Chain or Wire Rope Access
PROPOSED:   03/04/2011
ADOPTED:    08/17/2011
            Lowers the exposure limits for carbon disulfide, hydrogen fluoride,
            sulfuric acid and toluene. Adds a definition of "chain or wire rope
SUMMARY:
            access equipment" to refer to specialty devices specifically
            designed for constricted locations.
            Marley Hart, Executive Officer, Occupational Safety and Health
AGENCY
            Standards Bd, 2520 Venture Oaks Wy, Ste 350, Sacramento, CA
CONTACT:
            95833
CITATION:   Title 8 CCR Section 5155, 6755, 6799.1
                                                 2


                  02/16/2012       Adopted Rule Filing
                                   Effective Date: 03/17/2012
STATUS:                            No. 9, California Regulatory Notice Register
                                   03/02/2012 p.295



CA

AGENCY: Labor and Workforce Development Agency/Department of Industrial
Relations/Occupational Safety and Health Appeals Board

TITLE: Practice and Procedure

PROPOSED: 07/22/2011

ADOPTED: 02/22/2012

SUMMARY: Amends Occupational Safety and Health Appeals Board rules addressing
authority of Administrative Law Judge, prehearing motions, motions concerning
hearing dates, expedited proceedings, status conferences and time and place of
hearings.

AGENCY CONTACT: Occupational Safety and Health Appeals Board's Ofc, 2520
Venture Oaks Way, Ste 300, Sacramento, CA 95833, 916-274-5751, fax: 916-274-
5785, oshab@dir.ca.gov

CITATION: Title 8 CCR Section 350.1, 371, .1, 373, 374.2, 376

STATUS: 02/22/2012 Partial Rule Adoption Title 8 CCR Section 350.1, 371, .1,
374.2, 376

Effective Date: 03/09/2012

Office of Administrative Law 02/22/2012



CA

AGENCY: Labor and Workforce Development Agency/Department of Industrial
Relations/Occupational Safety and Health Standards Board

TITLE: Single-Rail Ladders; Helicopter Fueling

PROPOSED: 10/28/2011

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ADOPTED: 02/22/2012

SUMMARY: Adds a definition for the term "single-rail ladder." Requires employers to
use conventional two rail portable ladders. Clarifies to the employer the meaning of
the prohibition on single-rail ladder use. Clarifies to the employer that specified
fixed ladder use requirements apply to the Construction Safety Orders. Provides
consistency with Federal Aviation Administration and National Fire Protection
Association regulations regarding helicopter refueling. Addresses the reduction of
static discharge which would minimize the potential for fire and explosion which
could result in serious employee injury or fatality.

AGENCY CONTACT: Marley Hart, Executive Officer, Occupational Safety and Health
Standards Bd, 2520 Venture Oaks Way, Ste 350, Sacramento, CA 95833, 916-274-
5721, fax: 916-274-5743, oshsb@dir.ca.gov

CITATION: Title 8 CCR Section 1675, 1905, 3276, 3278

STATUS: 02/22/2012 Partial Rule Adoption Title 8 CCR Section 1675, 3276, 3278

Effective Date: 03/09/2012

Office of Administrative Law 02/22/2012


                                                CA
                 Labor and Workforce Development Agency/Department of
AGENCY:          Industrial Relations/Occupational Safety and Health Standards
                 Board
TITLE:           General Industry Safety Orders- Guarding of Microtomes
PROPOSED:        03/02/2012
                 Clarifies to the employer the application of the proposed microtome
                 standards. Requires that adjustment, removal or replacement of
                 microtome maintenance protocols comply with the control of
SUMMARY:         hazardous energy requirements of GISO (General Industry Safety
                 Orders) and that only qualified employees be permitted to operate
                 a microtome. Provides an exception for microtomes when used in
                 accordance with requirements of current statutes.
                 Marley Hart, Executive Officer, Occupational Safety and Health
AGENCY
                 Standards Board, 2520 Venture Oaks Way, Ste 350, Sacramento,
CONTACT:
                 CA 95833, fax 916-274-5743, oshsb@dir.ca.gov
CITATION:        Title 8 CCR Section 3207, 3558, 4184
                 03/02/2012        Proposed Rule Notice
STATUS:                            Comment Deadline: 04/19/2012
                                   No. 9, California Regulatory Notice Register

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                                   03/02/2012 pp.288-292



CO

AGENCY: Department of Regulatory Agencies/Passenger Tramway Safety Board

TITLE: Preamble and Incorporation by Reference

PROPOSED: 11/09/2011

ADOPTED: 02/23/2012

SUMMARY: Recognizes and adopts the newly updated national code standard that
addresses the safety requirements concerning passenger tramways.

AGENCY CONTACT: Nicki Cochrell, Program Assistant II,
nicki.cochrell@dora.state.co.us, 303-894-7785

CITATION: 3 CCR 718-1, Rule 0.1

STATUS: 02/23/2012 Rule Adoption

Code of Colorado Regulations eDocket 02/27/2012



CO

AGENCY: Department of Regulatory Agencies/Passenger Tramway Safety Board

TITLE: Quality Assurance Program

PROPOSED: 11/09/2011

ADOPTED: 02/23/2012

SUMMARY: Repeals existing rule 1.5 and adopts the existing ANSI Rules 1.5, 1.5.1,
1.5.2, 1.5.3, and 1.5.4. Removes the rope tow exclusions that are currently in place
in the ANSI standard.

AGENCY CONTACT: Nicki Cochrell, Program Assistant II,
nicki.cochrell@dora.state.co.us, 303-894-7785

CITATION: 3 CCR 718-1, Rule 1.5

STATUS: 02/23/2012 Rule Adoption
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Code of Colorado Regulations eDocket 02/27/2012



CO

AGENCY: Department of Labor and Employment/Division of Oil and Public Safety

TITLE: Boiler and Pressure Vessel Regulations

PROPOSED: 12/21/2011

ADOPTED: 02/21/2012

SUMMARY: Establishes inspection schedules for boilers and pressure vessels.
Establishes inspection and certification of inspection fees. Adopts nationally
recognized codes and standards. Clarifies terminology, duties of owners, users and
inspectors in order to improve the efficiencies of the state boiler program and
ensures compliance with the state's Boiler and Pressure Vessel Code.

AGENCY CONTACT: Steve Nelson, Chief Boiler Inspector, Department of Labor and
Employment, Oil and Public Safety, 303-318-8514, steve.v.nelson@state.co.us

CITATION: 7 CCR 1101-5

STATUS: 02/21/2012 Rule Adoption

Effective Date: 03/30/2012

Code of Colorado Regulations eDocket 02/27/2012



CO

AGENCY: Department of Public Health and Environment

TITLE: Solid Waste User Fee

PROPOSED: 01/09/2012

ADOPTED: 02/21/2012

SUMMARY: Reduces the fee collected for the Hazardous Substance Response Fund
(HSRF) from the current sixteen cents per cubic yard to five cents per cubic yard.

AGENCY CONTACT: Randy Perila, Regulatory and Authorization Coordinator, 303-
692-3364, randy.perila@state.co.us
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CITATION: 6 CCR 1007-2, 1.7.4

STATUS: 02/21/2012 Rule Adoption

Effective Date: 03/30/2012

Code of Colorado Regulations eDocket 02/27/2012



FL

AGENCY: Department of Environmental Protection

TITLE: Sulfur Storage and Handling Facilities

PROPOSED: 11/10/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding sulfur storage and handling facilities and air
emissions bubble as required by Executive Order 11-01 as it is duplicative,
unnecessarily burdensome, or no longer necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-212.600, .710

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: Portland Cement Plants

PROPOSED: 11/10/2011

ADOPTED: 01/27/2012


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SUMMARY: Repeals rules involving requirements for portland cement plants and
synthetic organic fiber production that have been superseded by federal standards
or involve requirements that are no longer needed for protection of air quality near
sulfur storage and handling operations. Repeals rules as required by Executive
Order 11-01 as they are duplicative, unnecessarily burdensome, or no longer
necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-296.407, .411, .413

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: Ambient Air Quality Protection

PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding ambient air quality protection including
procedures for designation and redesignation of areas, designation of prevention of
significant deterioration areas, and public notice and hearing requirements that
were identified during the comprehensive rule review required by Executive Order
11-01 as duplicative, unnecessarily burdensom, or no longer necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-204.100, .200, .220, .320, .360, .400

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

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Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.793-794



FL

AGENCY: Department of Environmental Protection

TITLE: Motor Vehicle Emissions Standards and Test Procedures

PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding motor vehicle emissions standards and test
procedures that were identified during the comprehensive rule review required by
Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer
necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-242.100, .200, .400, .500, .600, .700, .800, .900

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: Motor Vehicle Air Pollution Control Equipment

PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding tampering with motor vehicle air pollution
control equipment that were identified during the comprehensive rule review
required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no
longer necessary.

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AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-243.100, .200, .400, .600

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: Asbestos Program

PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding the asbestos program that were identified
during the comprehensive rule review required by Executive Order 11-01 as
duplicative, unnecessarily burdensome, or no longer necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-257.100

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: California Motor Vehicle Emission Standards

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PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding adoption of California Motor Vehicle Emission
Standards that were identified during the comprehensive rule review required by
Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer
necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-285.400

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: Emissions Monitoring

PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding emissions monitoring that were identified
during the comprehensive rule review required by Executive Order 11-01 as
duplicative, unnecessarily burdensome, or no longer necessary.

AGENCY CONTACT: Patricia E Comer, Assistant General Counsel, Dept of
Environmental Protection, 3900 Commonwealth Blvd, MS 35, Tallahassee, FL
32399, 850-245-2288, patricia.comer@dep.state.fl.us

CITATION: FAC 62-297.100, .520

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012


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Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.794



FL

AGENCY: Department of Environmental Protection

TITLE: Reimbursement for Petroleum Contamination Site Cleanup

PROPOSED: 11/23/2011

ADOPTED: 01/30/2012

SUMMARY: Repeals rules regarding reimbursement for petroleum contamination
site cleanup that were identified during the comprehensive rule review required by
Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer
necessary.

AGENCY CONTACT: Charles Williams, Dept of Environmental Protection, MS 4540,
2600 Blair Stone Rd, Tallahassee, FL 32399-2400, 850-245-8863,
Charles.Williams@dep.state.fl.us

CITATION: FAC 62-773.100, .200, .300, .350, .400, .500, .600, .650, .700, .750,
.800, .900

STATUS: 01/30/2012 Rule Adoption

Effective Date: 02/19/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.795



FL

AGENCY: Department of Environmental Protection

TITLE: Voluntary Cleanup Tax Credit Rule

PROPOSED: 11/23/2011

ADOPTED: 01/27/2012

SUMMARY: Repeals rules regarding the voluntary cleanup tax credit rule including
applicability and limitations, definitions, application process, eligibility
determination, and forms that were identified during the comprehensive rule review

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required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no
longer necessary.

AGENCY CONTACT: Teresa Booeshaghi, Dept of Environmental Protection, MS
4505, 2600 Blair Stone Rd, Tallahassee, FL 32399-2400, 850-245-8933,
Teresa.Booeshaghi@dep.state.fl.us

CITATION: FAC 62-788.100, .200, .300, .400, .900

STATUS: 01/27/2012 Rule Adoption

Effective Date: 02/16/2012

Vol. 38, Issue 7, Florida Administrative Weekly 02/17/2012 p.795



IL

AGENCY: Workers' Compensation Commission

TITLE: Miscellaneous

PROPOSED: 03/02/2012

SUMMARY: Public Act 97-18 made several changes to Section 8.2 of the Workers'
Compensation Act that sets forth the basis for the Medical Fee Schedule. The
Medical Fee Schedule is composed of the reimbursement rate for medical services
provided for a compensable workplace injury. The proposed amendment
implements the changes of Public Act 97-18 that include a 30% reduction to the
Medical Fee Schedule effective September 1, 2011; a new reimbursement provision
for medical implants as 25% above the net manufacturer's invoice price less
rebates, plus actual and reasonable customary shipping prices; and a new provision
for the reimbursement of out-of-state medical services.

AGENCY CONTACT: Kimberly B Janas, Secretary of the Commission, Workers'
Compensation Commission, 100 W Randolph St, Suite 8-200, Chicago, IL 60601,
312-814.6559, kimberly.janas@illinois.gov

CITATION: 50 IAC 7110.60, .90

STATUS: 03/02/2012 Proposed Rule

Comment Deadline: 04/16/2012

Vol. 36, Issue 9, Illinois Register 03/02/2012 pp. 3164-3186

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IN

AGENCY: Department of Environmental Management/Air Pollution Control Board

TITLE: New Source Review Provisions for Particulate Matter

PROPOSED: 05/04/2011

SUMMARY: Amends rules concerning new source review (NSR) provisions for
particulate matter less than 2.5 microns, and also amends definitions of terms to
defer from greenhouse gas permitting requirements carbon dioxide emissions from
bioenergy and other biogenic sources.

AGENCY CONTACT: 11-251 (APCB) PM 2.5 NSR Amendments, Amy Smith, Mail
Code 61-50, Rule and State Implementation Plan Development Section, Ofc of Air
Quality, Dept of Environmental Management, 100 N Senate Ave, Indianapolis, IN
46204, fax 317-233-5967, 317-234-65

CITATION: 326 IAC 1-2-52, 2-1.1-1, -3, -2-1, -4, -6, -14, -3-1, -2, -3, -5.1-2, -3, -
5.5-1, -6.1-6, -7-1, -10.5, -8-11.1, 4-1-4.1, 5-1-5, 26-1-6

STATUS: 02/29/2012 Notice of Public Hearing

Indiana Register 02/23/2012

02/29/2012 Proposed Rule

Indiana Register 02/23/2012



MA

AGENCY: Executive Office of Public Safety and Security/Board of Building
Regulations and Standards

TITLE: Fire Protection Systems

PROPOSED: 12/09/2011

ADOPTED: 02/17/2012

SUMMARY: Provides fire protection system requirements, including fire sprinkler
requirements. Prohibits the use of antifreeze for sprinklers installed in new
construction.



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AGENCY CONTACT: Don Finocchio, Board of Building Regulations and Standards, 1
Ashburton Pl, Boston, MA 02108, 617-727-3200, ext 25206

CITATION: 780 CMR 9.00

STATUS: 02/17/2012 Rule Adoption

Effective Date: 02/17/2012

Issue 1202, Massachusetts Register 02/17/2012 pp.45-46



MA

AGENCY: Executive Office for Administration and Finance

TITLE: Boiler Certificates of Inspection

PROPOSED: 03/02/2012

SUMMARY: Results in the Department, and not insurance companies, being
responsible for the issuance of these certificates of inspection and collecting a
proposed $50 fee for each certificate.

AGENCY CONTACT: Department of Public Safety, One Ashuburton Place, Room
1301, Boston MA 02108

CITATION: 801 CMR 4.02 (520)

STATUS: 03/02/2012 Proposed Rule Notice

Issue 1203, Massachusetts Register 03/02/2012



MD

AGENCY: Department of the Environment/Air Quality

TITLE: Volatile Organic Compounds

PROPOSED: 12/02/2011

ADOPTED: 02/09/2012

SUMMARY: Establishes the methods, procedures, and requirements for the
alternative testing of control devices, the methods required to determine composite

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vapor pressure of solvent cleaning material, and the requirements for the handling
of solvents and cleaning materials.

AGENCY CONTACT: Deborah Rabin, Regulations Coordinator, Air and Radiation
Management Administration, Department of the Environment, 1800 Washington
Blvd, Suite 730, Baltimore, MD 21230-1720, drabin@mde.state.md.us

CITATION: COMAR 26.11.01.04, .19.02

STATUS: 02/09/2012 Notice of Final Action

Effective Date: 03/05/2012

Vol. 39, Issue 4, Maryland Register 02/24/2012



MD

AGENCY: Department of Labor, Licensing and Regulation/Division of Labor and
Industry

TITLE: Occupational Safety and Health Act

PROPOSED: 12/02/2011

ADOPTED: 01/25/2012

SUMMARY: Removes or revises individual requirements within Occupational Safety
and Health Act standards that are confusing, outdated, duplicative, or inconsistent.

AGENCY CONTACT: Debbie Stone, Regulations Coordinator, Department of Labor,
Licensing, and Regulation, Division of Labor and Industry, 1100 N Eutaw St, Room
606, Baltimore, MD 21201, 410-767-2225, dstone@dllr.state.md.us

CITATION: COMAR 09.12.31

STATUS: 01/25/2012 Notice of Final Action

Effective Date: 02/20/2012

Vol. 39, Issue 3, Maryland Register 02/10/2012



ME

AGENCY: Department of Environmental Protection
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TITLE: Priority Toxic Chemicals and Pollution Prevention

PROPOSED: 09/28/2011

SUMMARY: Defines a list of "priority toxic chemicals" that subjects entities using the
substances to reporting and pollution prevention planning requirements regarding
any of the listed chemicals being used. Adds Cadmium; Formaldehyde; Hexavalent
Chromium; Perchloroethylene; Styrene; and, Trichloroethylene, as priority toxic
chemicals. Establishes details applicable to these reporting and pollution prevention
planning requirements.

AGENCY CONTACT: Julie Churchill, DEP, 17 State House Station, Augusta ME
04333, 207-287-7881, Julie.M.Churchill@Maine.gov

CITATION: 06-096-81, 82

STATUS: 02/22/2012 Extension of Public Comment Period

Comment Deadline: 03/23/2012

Weekly Newspaper Notices 02/22/2012



MO

AGENCY: Department of Natural Resources/Air Conservation Commission

TITLE: Construction Permits Required

PROPOSED: 01/31/2012

SUMMARY: This rule defines sources which are required to obtain permits to
construct. It establishes requirements to be met prior to construction or
modification of any of these sources. This rule also establishes permit fees and
public notice requirements for certain sources and incorporates a means for
unifying the processing of construction and operating permit issuance.

AGENCY CONTACT: Chief, Air Quality Planning Section, Department of Natural
Resources' Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-
0176, apcprulespn@dnr.mo.gov

CITATION: 10 CSR 10-6.060

STATUS: 01/31/2012 Proposed Rule

Comment Deadline: 05/03/2012
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Vol. 37, No. 5, Missouri Register 03/01/2012 pp. 379-383



MO

AGENCY: Department of Natural Resources/Air Conservation Commission

TITLE: Operating Permits

PROPOSED: 01/31/2012

SUMMARY: This rule defines air contaminant sources which are required to obtain
operating permits and establishes procedures for obtaining and complying with
operating permits; it does not establish any air quality standards or guidelines.

AGENCY CONTACT: Chief, Air Quality Planning Section, Department of Natural
Resources' Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-
0176, apcprulespn@dnr.mo.gov

CITATION: 10 CSR 10-6.065

STATUS: 01/31/2012 Proposed Rule

Comment Deadline: 05/03/2012

Vol. 37, No. 5, Missouri Register 03/01/2012 pp. 383-388



NE

AGENCY: Department of Environmental Quality

TITLE: Air Quality

PROPOSED: 10/25/2011

SUMMARY: Incorporate updates to the federal air quality program that relate to
implementing the fine particulate matter program.

AGENCY CONTACT: Thomas R Lamberson, Department of Environmental Quality,
Legal Division, PO Box 98922, 1200 N St, Ste 400, Lincoln, NE 68509-8922, 402-
471-4235, tom.lamberson@nebraska.gov

CITATION: Title 129 NAC Chapters 1, 17, 19, 27


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STATUS: 02/23/2012 Filed with Governor's Policy Research Office for Governor
Review

Secretary of State, Regulations Online 02/23/2012



NH

AGENCY: Department of Environmental Services

TITLE: Federal Standards Annual Update

PROPOSED: 11/03/2011

ADOPTED: 01/25/2012

SUMMARY: Incorporates by reference federal new source performance standards
and national emission standards for hazardous air pollutants. Adds new NSPS
requirements for Sewage Sludge Incineration Units.

AGENCY CONTACT: Karla McManus, ARD Planning and Rules Manager, Department
of Environmental Services, 29 Hazen Dr, PO Box 95, Concord, NH 03302-0095,
603-271-6854, Fax 603-271-1381

CITATION: Env-A 502.01, 503.01

STATUS: 01/25/2012 Rule Adoption

Office of Legislative Services/Division of Administrative Rules 02/22/2012



NJ

AGENCY: Department of Health and Senior Services/Division of Epidemoiology,
Environmental and Occupational Health/Consumer and Environmental Health
Services

TITLE: Standards for Lead Certification

PROPOSED: 03/21/2011

ADOPTED: 02/07/2012

SUMMARY: Readopts rules that establish standards for the permitting of lead
abatement workers, supervisors, inspectors/risk assessors and planner/project

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designers, and the certification of training providers that provide lead worker
training courses.

AGENCY CONTACT: Devon L Graf, Director, Office of Legal and Regulatory
Compliance, Office of the Commissioner, Department of Health and Senior Services,
PO Box 360, Trenton, NJ 08625-0360

CITATION: NJAC 8:62

STATUS: 02/07/2012 Readopted Rule without Change

Effective Date: 02/07/2012

Vol. 44, No. 5, New Jersey Register 03/05/2012 p.591



NJ

AGENCY: Department of Environmental Protection

TITLE: Electronic Waste Management

PROPOSED: 08/15/2011

ADOPTED: 02/08/2012

SUMMARY: Establishes recycling requirements for manufacturers and consumers of
covered electronic devices such as televisions, portable desktop or personal
computers, and computer monitors.

AGENCY CONTACT: Janis Hoagland, Esq., Attn DEP Docket No 12-11-07, Office of
Legal Affairs, Department of Environmental Protection, 401 East State St, 4th Fl, PO
Box 402, Trenton, NJ 08625-0402

CITATION: NJAC 7:26-2.8, 7:26A-1.1, 1.3, 7:26A-13

STATUS: 02/08/2012 Rule Adoption

Effective Date: 03/05/2012

Vol. 44, No. 5, New Jersey Register 03/05/2012 pp.577-588



NM

AGENCY: Environmental Improvement Board
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TITLE: Petroleum Storage Tanks

PROPOSED: 07/29/2011

ADOPTED: 02/29/2012

SUMMARY: Amends rules concerning petroleum storage tanks. Clarifies and
expands upon secondary containment requirements for underground storage tanks
(UST) and above-ground storage tanks (AST). Extends tank tightness testing
requirements and clarifies visual inspection requirements for AST systems. Adds
threshold standards for reporting a release and reporting requirements for leak
detector testing.

AGENCY CONTACT: Felicia Orth, Harold Runnels Bldg, 1190 St Francis Dr, Rm N-
2153, Santa Fe, NM 87505, Docket EIB 11-13(R)

CITATION: NMAC 20.5.1, .2, .4, .5, .6, .7, .10, .12, .13, .14, .16, .18, .19

STATUS: 02/29/2012 Rule Adoption

Effective Date: 03/17/2012

Vol. XXIII, No. 4, New Mexico Register 02/29/2012 pp. 117-170



NV

AGENCY: Department of Motor Vehicles

TITLE: Autonomous Technology

PROPOSED: 10/20/2011

ADOPTED: 02/15/2012

SUMMARY: Proposes the rules and regulations regarding autonomous technology.
Concerns testing requirements, minimal safety requirements, driver's license
endorsement, and registration requirements.

AGENCY CONTACT: Nevada Department of Motor Vehicles, 555 Wright Way, Carson
City, NV 89711, 702-486-4368, http://dmvnv.com/contact_us.asp

CITATION: NAC 483.220, 051

STATUS: 02/15/2012 Rule Adoption


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Effective Date: 03/01/2012

Vol. 174, Nevada Register of Administrative Regulations 02/16/2012



OH

AGENCY: Environmental Protection Agency

TITLE: Asbestos Emission Control

PROPOSED: 11/30/2011

ADOPTED: 02/21/2012

SUMMARY: Amends rules pertaining to standards for asbestos waste handling and
emission control.

AGENCY CONTACT: Tom Buchan, Ohio EPA, Air Pollution Control Division, Lazarus
Government Center, PO Box 1049, Columbus, OH 43216-1049, 614-644-3607,
tom.buchan@epa.state.oh.us

CITATION: OAC 3745-20-01, -03 to -13, -15

STATUS: 02/21/2012 Rule Adoption

Effective Date: 03/02/2012

Register of Ohio Daily Filings 02/22/2012



OH

AGENCY: Environmental Protection Agency

TITLE: Composting Facilities

PROPOSED: 11/30/2011

ADOPTED: 02/16/2012

SUMMARY: Adopts new rules pertaining to solid waste composting facilities.
Concerns standards for Class I and II composting facility establishments.

AGENCY CONTACT: Michelle Braun, Division of Materials and Waste Management,
PO Box 1049, Columbus, OH 43216-1049, 614-728-5372, fax 614-728-5315

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CITATION: OAC 3745-560-01 to -05, -100 to -102, -105, -110, -115, -120, -125, -
130, -135, -200 to -202, -205, -210, -215, -220, -225, -230, -235

STATUS: 02/16/2012 Rule Adoption

Effective Date: 04/02/2012

Agency Rule Review 02/21/2012



OH

AGENCY: Environmental Protection Agency

TITLE: Composting Facilities

PROPOSED: 11/30/2011

ADOPTED: 02/16/2012

SUMMARY: Replaces rules pertaining to solid waste composting facilities. Concerns
standards for Class III and IV composting facility establishments.

AGENCY CONTACT: Michelle Braun, Division of Materials and Waste Management,
PO Box 1049, Columbus, OH 43216-1049, 614-728-5372, fax 614-728-5315

CITATION: OAC 3745-27-40 to -43, -45 to -47; -560-300 to -302, -310, -315, -
320, -325, -330, -335, -400 to -402, -410, -415, -435

STATUS: 02/16/2012 Rule Adoption

Effective Date: 04/02/2012

Agency Rule Review 02/21/2012



OH

AGENCY: Department of Health

TITLE: Radon Testing

PROPOSED: 12/28/2011

SUMMARY: Replaces rules regarding radon mitigation and radon testing.


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AGENCY CONTACT: Lance D Himes, Department of Health, 246 North High St,
Columbus, OH 43215, 614-466-4882

CITATION: OAC 3701-69-01 to -13

STATUS: 02/15/2012 Refiled Filing - Changes Proposed

Register of Ohio Daily Filings 02/16/2012



OH

AGENCY: Environmental Protection Agency

TITLE: Voluntary Action Program

PROPOSED: 12/28/2011

SUMMARY: Amends language relating to the voluntary investigation and clean-up of
possible environmental contamination. Pertains to eligibility for participation in the
program, program fees, certified laboratories and professionals, phase II property
assessments, and remediation.

AGENCY CONTACT: Emily Patchen, Environmental Protection Agency, Division of
Environmental Response and Revitalization, PO Box 1049, 50 West Town St, Ste
700, Columbus, OH 43216-1049, 614-728-5411

CITATION: OAC 3745-300-01 to -05, -07, -11

STATUS: 02/24/2012 Refiled Filing - Changes Proposed

Agency Rule Review 02/27/2012



OK

AGENCY: Corporation Commission

TITLE: Oil and Gas Conservation

PROPOSED: 02/03/2012

SUMMARY: Adds a definition for hydrologically sensitive area and updates the list of
effective dates for OAC 165:Chapter 10 rulemakings. Concerns approval of certain
cementing operations by Commission representatives, regarding horizontal drilling,

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horizontal injection and disposal wells, the reporting of nonpermitted discharges of
deleterious substances, and stockpiling of cuttings associated with one time land
applications of water-based fluids from earthen pits and tanks. Requires operators
to submit to the FracFocus Chemical Disclosure Registry information on chemicals
used in hydraulic fracturing operations. Pertains to commercial soil farming,
disposal well surface facilities, recycling facilities.

AGENCY CONTACT: Oklahoma City Court Clerk's Office, Jim Thorpe Bldg, 2101 N
Lincoln Blvd, Oklahoma City, OK 73102

CITATION: OAC 165:10-1-2, -4; -3-4, -10, -28; -5-5; -7-5, -16, -19, -20, -24; -9-1
to -4; -11-3; -21-21, -22, -36, -45, -55, -58, -78, -80, -82, -82.2 -82.3; -29-3

STATUS: 02/03/2012 Proposed Rule

Comment Deadline: 03/09/2012

Corporation Commission 02/21/2012



SC

AGENCY: Workers Compensation Commission

TITLE: Resolve Disputes Mechanism

PROPOSED: 02/24/2012

SUMMARY: Defines mechanism to resolve disputes without the necessity of a
hearing. Authorizes the Commission to order mediations for certain cases in the
workers' compensation system. Cases requiring mediation include admitted cases,
occupational disease cases, third party lien reduction claims, contested death
claims, mental/mental injury cases, and cases of concurrent jurisdiction under the
Workers' Compensation Act and the Federal Longshore and Harbor Workers'
Compensation Act. Claims involving multiple employees arising out of employment
with the same Employer, whether or not compensability has been admitted, shall
be subject to a scheduling order and shall be mediated prior to a hearing.

AGENCY CONTACT: Gary Cannon, Executive Director, Worker's Compensation
Commission, 1333 Main St, PO Box 1715, Columbia, SC 29202-1715

CITATION: R.67-1801

STATUS: 02/24/2012 Notice of Drafting

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Comment Deadline: 03/26/2012

Vol. 36, Issue 2, South Carolina Register 02/24/2012 p.15



TN

AGENCY: Department of Environment and Conservation/Division of Remediation

TITLE: Hazardous Substance Remedial Act

PROPOSED: 07/19/2011

ADOPTED: 02/23/2012

SUMMARY: Repeals and adds rules concerning Inactive Hazardous Substance Site
Remedial Action Program; Standards for testing and cleaning quarantined
clandestine drug manufacturing sites; Drycleaner Environmental Response
Program.

AGENCY CONTACT: Robert L. Powell, Dept of Environment and Conservation,
Division of Remediation, 4th Fl, L&C Annex, 401 Church St, Nashville, TN 37243-
1538, 615-532-0916, Robert.Powell@tn.gov

CITATION: TAC 0400-15-1-.1 thru .13; -15-2-.1, .2; -15-3-.1 thru .10; 1200-1-13-
.1 thru .13; -17-.1 thru .10; -19-.1, .2

STATUS: 02/23/2012 Partial Rule Adoption TAC 0400-15-2-.1, -.2; 1200-1-19-.1, -
.2

Effective Date: 05/23/2012

Rules and Regulations 03/01/2012



TN

AGENCY: Department of Environment and Conservation/Division of Air Pollution
Control

TITLE: Administrative Fees Schedule

PROPOSED: 11/10/2011

ADOPTED: 02/22/2012

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SUMMARY: Amends rules regarding construction and annual emission fees.

AGENCY CONTACT: Lacey J. Hardin, Dept of Environment and Conservation,
Division of Air Pollution Control, 9th Fl, L & C Annex, 401 Church St, Nashville, TN
37243-1531, 615-532-0554, Lacey.Hardin@tn.gov

CITATION: TAC 1200-3-26-.2

STATUS: 02/22/2012 Rule Adoption

Effective Date: 05/22/2012

Rules and Regulations 03/01/2012



TX

AGENCY: Commission on Fire Protection

TITLE: Fire Fighter Safety

PROPOSED: 02/01/2012

SUMMARY: The Texas Commission on Fire Protection (the Commission) proposes an
amendment to Chapter 435, Fire Fighter Safety, concerning Section 435.1,
Protective Clothing.

AGENCY CONTACT: Don Wilson, Executive Director, Texas Commission on Fire
Protection, PO Box 2286, Austin, TX 78768, info@tcfp.texas.gov

CITATION: 37 TAC 13.435.435.1

STATUS: 02/01/2012 Proposed Rule

Comment Deadline: 03/18/2012

Vol. 37, Issue 7, Texas Register 02/17/2012 pp.897-898



TX

AGENCY: Department of State Health Services

TITLE: Occupational Diseases

PROPOSED: 02/10/2012

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SUMMARY: The amendments to Section 99.1 update unit and section names to
reflect the department's reorganization of division operations. The department's
mailing address is corrected to a P.O. Box address and the delivery "by courier" is
deleted. Also, the department's Pesticide Poisoning Report form number has been
revised.

AGENCY CONTACT: Susan L Prosperie, Environmental and Injury Epidemiology and
Toxicology Unit, Environmental Epidemiology and Disease Registries Section,
Division for Prevention and Preparedness, Department of State Health Services,
Mail Code 1964, PO Box 1493

CITATION: 25 TAC 1.99.99.1

STATUS: 02/10/2012 Proposed Rule

Comment Deadline: 03/25/2012

Vol. 37, Issue 8, Texas Register 02/24/2012 pp.1115-1116



TX

AGENCY: Department of Insurance/Division of Workers' Compensation

TITLE: Reports of Injury and Occupational Disease

PROPOSED: 02/13/2012

SUMMARY: The Texas Department of Insurance (Department), Division of Workers'
Compensation (Division) proposes amendments to Section 160.2 and Section 160.3
and new Section 160.1 regarding reports of injury and occupational disease by
employers. Sections 160.2 and 160.3 are Division rules that implement certain
statutory provisions in Labor Code Chapter 411, Subchapter C, specifically Labor
Code Section 411.032, that require an employer to file with the Division a report for
certain on-the-job injuries and occupational diseases. The Division proposes these
amendments to Section 160.2 and Section 160.3, and new Section 160.1 in order
to update and clarify the language and requirements associated with these
reporting requirements placed upon employers.

AGENCY CONTACT: Maria Jimenez, Texas Department of Insurance, Division of
Workers' Compensation, Office of Workers' Compensation Counsel, MS-4D, 7551
Metro Center Dr, Ste 100, Austin, TX 78744-1645

CITATION: 28 TAC 2.160.160.1 - .3

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STATUS: 02/13/2012 Proposed Rule

Comment Deadline: 03/26/2012

Vol. 37, Issue 8, Texas Register 02/24/2012 pp.1166-1170



UT

AGENCY: Labor Commission/Antidiscrimination and Labor Division/Labor

TITLE: Uniforms

PROPOSED: 02/03/2012

SUMMARY: Requires employers to bear the cost of employee work uniforms. Adds
that in some specific situations, other federal and state health and safety
regulations may continue to require employers to bear the cost of personal
protective equipment such as fire-resistant clothing, safety boots, and face shields
when these are necessary because of workplace hazards.

AGENCY CONTACT: Heather Gunnarson, Antidiscrimination and Labor Division,
Heber M Wells Bldg., 160 E 300 S, Salt Lake City UT 84111, 801-530-6921, Fax:
801-530-7601, hgunnarson@utah.gov

CITATION: R610-3-21

STATUS: 02/03/2012 Proposed Rule

Comment Deadline: 04/02/2012

Vol. 2012, No. 5, Utah State Bulletin 03/01/2012 p.89



UT

AGENCY: Department of Natural Resources/Division of Oil, Gas and Mining/Division
of Oil and Gas

TITLE: Waste Management and Disposal

PROPOSED: 02/03/2012

ADOPTED: 02/03/2012


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SUMMARY: Regulates all operations related to the production of oil and gas and the
disposal of salt water and oil field wastes. Manages the wastes generated in the
process of exploration and production of petroleum hydrocarbons in the state.

AGENCY CONTACT: Steve Schneider, Division of Oil and Gas, Room 1210, 1594 W
North Temple, Salt Lake City UT 84116, 801-538-5328, Fax: 801-359-3940,
steveschneider@utah.gov

CITATION: R649-9

STATUS: 02/03/2012 No published proposal

Vol. 2012, No. 5, Utah State Bulletin 03/01/2012

02/03/2012 5 Year Notice of Review and Statement of Continuation

Effective Date: 02/03/2012

Vol. 2012, No. 5, Utah State Bulletin 03/01/2012 pp.125-126



UT

AGENCY: Department of Environmental Quality/Division of Air Quality

TITLE: Lead-Based Paint Program

PROPOSED: 02/07/2012

SUMMARY: Makes significant changes to its lead-based paint rules, and the Air
Quality Board is implementing those changes into this rule to conform with current
EPA rules and retains program delegation from the EPA. Adds definitions. Adds
language that states that individuals or firms wishing to deviate from the
certification, notification, work practice, or other requirements.

AGENCY CONTACT: Mark Berger, Division of Air Quality, Fourth Fl., 195 N 1950 W,
Salt Lake City UT 84116, 801-536-4000, Fax: 801-536-0085, mberger@utah.gov

CITATION: R307-840

STATUS: 02/07/2012 Proposed Rule

Comment Deadline: 04/02/2012

Vol. 2012, No. 5, Utah State Bulletin 03/01/2012 pp.33-39


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UT

AGENCY: Department of Environmental Quality/Division of Air Quality

TITLE: Lead-Based Paint Activities

PROPOSED: 02/07/2012

SUMMARY: Reflects changes EPA has made to its lead-based paint rules. Includes
adding more requirements for the accreditation of training programs, including
requirements for electronic learning and other alternative course delivery methods
for the classroom portion of renovator, dust sampling technician or lead-based paint
activities courses. Adds certification requirements for the teaching of hands-on
portions of risk assessor, supervisor, abatement worker, renovator, and dust
sampling technician disciplines.

AGENCY CONTACT: Mark Berger, Division of Air Quality, Fourth Fl., 195 N 1950 W,
Salt Lake City UT 84116, 801-536-4000, Fax: 801-536-0085, mberger@utah.gov

CITATION: R307-842

STATUS: 02/07/2012 Proposed Rule

Comment Deadline: 04/02/2012

Vol. 2012, No. 5, Utah State Bulletin 03/01/2012 pp.48-62



WY

AGENCY: Department of Workforce Services/Occupational Health & Safety

TITLE: Oil and Gas Well Drilling

PROPOSED: 10/18/2011

ADOPTED: 02/15/2012

SUMMARY: Updates the Wyoming OSHA Well Drilling Standards. Incorporates new
requirements for better employee protection in various categories, including flame
resistant clothing, improved emergency communications, written hotwork permits,
emergency decent devices, fall rescue plans, tugger line requirements, and
documented training. Coal Bed Methane drilling practices are also added for
improvement based on the industry suggestions of its standards.


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AGENCY CONTACT: J.D. Danni, Department of Workforce Services, Workers' Safety
(OSHA), 1510 E Pershing Blvd, West Wing, Cheyenne, WY 82002, 307-777-7700,
jdanni@state.wy.us

CITATION: Chapter 1, 3 - 11

STATUS: 02/15/2012 Rule Adoption

Effective Date: 02/15/2012

Secretary of State Rules and Regulations Database 02/29/2012




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