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Weekly Update Volume 30, Issue 13
Note: The cases listed are available from the ELR Document Service.
CAA TITLE V, PERMIT PROGRAM, PERIODIC MONITORING REQUIREMENTS, GUIDANCE DOCUMENTS:
The D.C. Circuit set aside an EPA guidance document that set forth the periodic monitoring requirements for stationary sources subject to CAA Title V permitting. EPA argued that the guidance document is not reviewable because it is not final agency action. The guidance document, however, reflects a settled Agency position that has legal consequences both for state agencies administering their permit programs and for companies who must obtain Title V permits to continue operating. Additionally, by directing state permitting authorities to conduct wide-ranging sufficiency reviews and to enhance the monitoring required in individual permits beyond that contained in state or federal emission standards even when standards demand some sort of periodic testing, the guidance document in effect amended the periodic monitoring rule set forth at 40 C.F.R. §70.6(a)(3)(i)(B). Consequently, the guidance document should have been promulgated in compliance with notice-and-comment rulemaking procedures. The court, therefore, set aside the document in its entirety. Appalachian Power Co. v. Environmental Protection Agency, Nos. 98-1515 et al. (D.C. Cir. Apr. 14, 2000) (14 pp.).
RCRA, LAND DISPOSAL RESTRICTION (LDR) PHASE IV RULE:
The D.C. Circuit held that EPA improperly classified secondary and residual materials generated in mining and mineral processing operations as "solid waste" in the Land Disposal Restriction Phase IV rule. EPA attempted to regulate secondary materials destined for recycling based on the manner of storage. However, EPA misinterpreted case law and improperly concluded that secondary materials are discarded and, thus, "waste" whenever they leave the production process and are stored for any length of time. Yet RCRA requires material to be thrown away or abandoned before it can be deemed "waste." Consequently, because at least some of the secondary materials EPA sought to regulate as solid waste are destined for reuse as part of a continuous industrial process and, thus, are not abandoned or thrown away, EPA's definition of solid waste was erroneous. EPA's alternative LDR treatment standards for soils placed into a land disposal unit, however, are lawful. Although the final regulations are not identical to the proposed regulations, they are the logical outgrowth of the proposed regulations and, therefore, comply with the APA's notice-and-comment requirements. Additionally, EPA's decision was not arbitrary or capricious. Finally, although EPA justified its use of the toxicity characteristic leaching procedure (TCLP) test to determine the toxicity of mineral processing wastes generally, EPA failed to justify its application of the TCLP to manufactured gas plant wastes. Manufactured gas plant waste is no longer produced and, therefore, will not be disposed of in municipal landfills unless it happens in the case of a remediation effort. Association of Battery Recyclers, Inc. v. U.S. Environmental Protection Agency, Nos. 98-1368 et al. (D.C. Cir. Apr. 21, 2000) (21 pp.).
CWA, WETLANDS, CONSENT DECREE:
The Seventh Circuit denied a developer's motion to bar the enforcement of penalties for illegally filling wetlands without a permit. After being civilly charged with illegally filling a wetland, the developer entered into a consent decree with EPA, the terms of which required him to either create a substitute wetland by a specific date or pay a penalty. The developer failed to complete the wetland by the specified date, so EPA moved to enforce the penalty provision of the consent decree. A district court granted EPA's motion, and the developer filed a motion to vacate the judgment as void for lack of subject matter jurisdiction. The district court, however, had subject matter jurisdiction over EPA's case against the developer because the suit civilly charged a violation of a federal statute that is within the federal court's federal question jurisdiction. Additionally, because the developer entered into a consent decree in which he agreed that the waters involved were "waters of the United States," which is merely an element of the offense and not the basis for federal subject matter jurisdiction, the developer cannot now assail the district court's subject matter jurisdiction. United States v. Krilich, Nos. 99-2271, -2397 (7th Cir. Apr. 12, 2000) (10 pp.).
RIPENESS, HIGH-LEVEL NUCLEAR WASTE STORAGE, INTERVENTION:
The Tenth Circuit held that the state of Utah could not intervene in the lease approval process between a Native American tribe and a private corporation that intended to construct and operate a temporary storage facility for high-level nuclear waste on the leased lands. As required by 25 U.S.C. §415(a), the tribe submitted the proposed lease to the Bureau of Indian Affairs (BIA) so that it could review and approve the lease. The BIA conditioned approval of the lease on completion of an EIS evaluating the environmental impacts of the lease and on the issuance of a license by the NRC. Despite the BIA's conditional approval, the dispute is not justiciable because it is not ripe for review. The state will not suffer significant hardship if it is not allowed to intervene at the present time. The state seeks to intervene in the lease approval process to ensure that the BIA considers environmental factors as required by 25 U.S.C. §415, but the state will have ample opportunity to raise its environmental concerns during completion of the EIS and during issuance of the NRC license. In fact, the NRC must examine environmental concerns more rigorously in completing an EIS than the BIA does on its subsequent §415 lease review. Moreover, the state's claimed harms are contingent, not certain or immediate, because it can do no more than presently allege that if the lease is approved and the facility developed, it may detrimentally impact the environment. Utah v. United States Department of the Interior, No. 99-4104 (10th Cir. Apr. 25, 2000) (6 pp.).
INSURANCE, DUTY TO DEFEND, EXPOSURE THEORY TRIGGER OF COVERAGE:
The Fifth Circuit, interpreting Texas law, held that exposure to asbestos is the event that triggers an insurer's duty to defend in asbestos personal injury cases under a uniform comprehensive general liability policy, and, therefore, a district court decision holding that an insurer need not defend an asbestos tile manufacturer is reversed. The district court determined that there was no duty to defend because a required occurrence of bodily injury did not manifest during the relevant policy period. However, the terms "occurrence" and "bodily injury" are ambiguous and susceptible to more than one interpretation. Although an injury must occur during the policy period, an injury occurs not when the symptoms of disease manifest but when subclinical tissue damage occurs on inhalation of asbestos fibers. Thus, on remand, the district court must determine whether the insurer's duty to defend is triggered by examining each underlying complaint for allegations of exposure during the policy period. However, as to the one underlying complaint alleging property damage, the district court correctly held that the insurer did not have a duty to defend because the alleged property damage did not manifest during the relevant policy period. In addition, the district court's ruling that the insurer has no duty to indemnify the manufacturer is reversed. Because the insurer might be found to have a duty to defend the manufacturer, it thus might have a duty to indemnify. Guaranty National Insurance Co. v. Azrock Industries, Inc., No. 98-21031 (5th Cir. Apr. 27, 2000) (14 pp.).
WASTE DISPOSAL, DORMANT COMMERCE CLAUSE:
The Fourth Circuit held that a district court properly dismissed as moot a solid waste handler's challenge to West Virginia statutes regulating the disposal of solid waste and properly vacated its own declaratory and permanent injunctions against the enforcement of the statutes. When the solid waste handler initially challenged the state statutes, they were found invalid under the dormant Commerce Clause and the district court entered injunctions barring their enforcement. Subsequently, the state legislature revised the enjoined and other related provisions of the state code, and those amendments were substantial and significant enough to render the solid waste handler's complaint against the state moot. Additionally, even if the legislature possesses the power to reenact the statute after the lawsuit is dismissed, the statutory changes that discontinued the challenged practice are sufficient to render the case moot. The district court properly vacated its declaratory judgment with respect to the non-referenda provisions of the state statutes because the mootness was caused by the state legislature's amendment of the statutory provisions rather than the actions of any of the executive officials being sued by the solid waste handler. Similarly, the district court properly vacated its permanent injunction because the statutory changes were substantial. The district court, however, improperly refused to vacate those portions of its declaratory and permanent injunctions pertaining to the referenda provisions of the challenged state statutes. Because the solid waste handler lacked standing to challenge those provisions, the district court lacked jurisdiction to enter those portions of its judgment. Valero Terrestrial Corp. v. Paige, No. 99-1598P (4th Cir. Apr. 20, 2000) (10 pp.).
ASBESTOS EXPOSURE, MULTIDISTRICT LITIGATION:
The Third Circuit denied petitions brought by three groups of individuals seeking to remand their claims for personal injury and wrongful death damages due to asbestos exposure. The petitioners' claims were initially filed in Georgia, New York, and Oregon, but were transferred to a multidistrict litigation in the Eastern District of Pennsylvania pursuant to 28 U.S.C. §1407(a). The petitioners wanted their cases remanded to the original transferor courts. Many of the petitioners, however, failed to seek a suggestion of remand from the transferee court. Moreover, the remaining petitioners failed to demonstrate they had a clear and indisputable right to remand. As evidenced by ongoing settlement negotiations and conferences as well as ongoing discovery on overlapping issues that affect many of the asbestos cases, the coordinated pretrial proceedings in the multidistrict litigation have not yet concluded. In re Joann Patenaude, No. 99-1540 (3d Cir. Apr. 11, 2000) (18 pp.).
NUCLEAR POWER PLANT LICENSE RENEWAL, INTERVENTION, REQUESTS FOR EXTENSION OF TIME, "UNAVOIDABLE CIRCUMSTANCES":
The D.C. Circuit denied an interest group's petition to review the NRC's denial of intervention by the group in a Maryland nuclear power plant's license renewal proceeding. The NRC properly adopted and applied an unavoidable and extreme circumstances test, in lieu of a good cause test, to assess requests for extensions of time in which to file contentions to the license renewal proceeding. The NRC possesses the authority to change its procedures on a case-by-case basis if it provides timely notice to the parties involved, and the group received timely notice of the NRC's intention to adopt the unavoidable and extreme circumstances standard. Further, the NRC's adoption of the unavoidable and extreme circumstances standard was a procedural rulemaking not subject to notice and comment. In addition, the NRC's adoption of the unavoidable and extreme circumstances standard was not arbitrary or capricious. NRC's adoption of the procedural standard did not significantly or unreasonably change the regime under which extensions for time are judged because the unavoidable and extreme circumstances standard was not an extreme departure from the traditional good cause standard. Moreover, the group showed no detrimental reliance on the old standard. Likewise, the group suffered no prejudicial error when the NRC adopted the unavoidable and extreme circumstances standard. The group sought and received from the NRC two extensions of time in which to file its contentions. When they failed to meet the extended deadlines, the motion to intervene was properly denied. National Whistleblower Center v. Nuclear Regulatory Commission, No. 99-1002 (D.C. Cir. Apr. 11, 2000) (16 pp.).
NEPA, APA, NATIONAL HISTORIC PRESERVATION ACT (NHPA):
The Third Circuit held that a district court properly granted summary judgment to the city of Philadelphia on residents' APA, NEPA, and NHPA claims that the city did not properly perform environmental and historic review or provide meaningful public hearings in connection with a grant the city received from the Department of Housing and Urban Development (HUD) for partial funding of a development project. The city initially intended to build a festival park, but it then amended the proposal by abandoning the festival park concept and proposing instead to build a hotel and garage. At the suggestion of HUD, the city withdrew its request for the amendment and then, after conducting public hearings, submitted a virtually identical request for an amendment. Contrary to the residents' view, the city's decision not to prepare an EIS was neither arbitrary nor capricious under the APA. The city did not ignore the concerns of the residents. Rather, it withdrew a defective application, cured the defect by conducting public hearings, and then resubmitted the application. Additionally, the city's EA was not defective for its failure to consider the impact of possible future developments in the area. Further, the city's finding of no significant impact was not arbitrary or capricious because the city rejected an alternative location for the project. Finally, the residents waived their claims that findings of no impact under the NHPA were erroneous. Society Hill Tower Owners' Ass'n v. Rendell, No. 98-1937 (3d Cir. Apr. 17, 2000) (17 pp.).
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (MAGNUSON ACT), FISHERY MANAGEMENT PLAN, SUMMER FLOUNDER FISHING QUOTA:
The D.C. Circuit held that the National Marine Fisheries Service (NMFS) did not comply with the Magnuson Act or its regulations in promulgating a summer flounder fishing quota for the 1999 harvest. The NMFS adopted a summer flounder fishing quota with an 18% likelihood of meeting the Magnuson Act's conservation goals. This falls far below the statutory and regulatory mandate that the NMFS must have a fairly high level of confidence, interpreted by the court to be 50%, that the quota it recommends will not result in a fishing mortality rate greater than the the target mortality rate. Moreover, additional measures adopted by the NMFS do nothing to indicate an improved level of confidence so as to assure a reasonable likelihood of achieving the target mortality rate. There is no meaningful data to support the assertion that a larger mesh size in the fishing nets would reduce the number of undersized fish caught, and the NMFS conducted no analysis to determine the likely effect of this measure on the probability of meeting the target mortality rate. Moreover, the NMFS' second measure, which proposes that states voluntarily allocate a certain portion of the directed commercial fishery toward incidental catch, is merely a recommendation, not a mandatory requirement. Natural Resources Defense Council, Inc. v. Daley, No. 99-5308 (D.C. Cir. Apr. 25, 2000) (9 pp.).
TAKINGS, INVERSE CONDEMNATION:
The Federal Circuit affirmed the dismissal of landowners' takings and inverse condemnation claims arising from a contract with the Federal Emergency Management Agency (FEMA) for the cleanup of damage caused by Hurricane Andrew. The landowner argued that the contractor hired by FEMA to perform the cleanup did not do so within the terms of the contract and, instead, ruined the land. A takings claim, however, must be premised on a government action that is either expressly or impliedly authorized by a valid enactment of Congress, and the landowners failed to point to any valid enactment of Congress that authorizes FEMA's destructive action. Additionally, the landowners' claim that FEMA violated the terms of the contract would give rise to a breach of contract claim, not a violation of the Fifth Amendment as the landowner contends. Moreover, the landowner failed to allege that FEMA intended to take the land. The lower court, however, improperly dismissed the landowners' breach of contract claim. Dureiko v. United States, No. 99-5043 (Fed. Cir. Apr. 14, 2000) (13 pp.).
CWA, APA, TOTAL MAXIMUM DAILY LOADS (TMDLs):
A district court ordered EPA to approve or disapprove 10 TMDLs submitted by the state of New York for the Agency's approval, but dismissed all other challenges brought against the Agency under the APA in connection with its management of the TMDL program in New York. Neither EPA's failure to deem the state's slow progress in promulgating TMDLs a "constructive submission" of deficient TMDLs, nor its failure to promulgate appropriate TMDLs was arbitrary or capricious. The administrative record supports the conclusion that the state is making meaningful progress in formulating TMDLs. Moreover, even if EPA's duty to declare a "constructive submission" had been triggered, EPA did not unreasonably delay such a declaration based on the standard set forth in Telecommunications Research and Action Center v. FCC, 750 F.2d 70 (D.C. Cir. 1984). Similarly, EPA's approval of eight TMDLs submitted by the state for the New York City Reservoir is rationally supported by the administrative record. The TMDLs implemented applicable water quality standards, contained a margin of safety, comprised wasteload allocation and load allocation components, established daily pollution limits, and accounted for seasonal variations. The court was also satisfied that EPA's present management of the TMDL program generally complies with the CWA. Nevertheless, EPA breached its nondiscretionary duty to approve or disapprove 10 TMDLs submitted by the state to EPA for approval. Rather than taking action on the submittal, EPA classified the TMDLs as "informational" because it concluded that the TMDLs addressed waterbodies that were not water quality limited and, thus, did not require action. The CWA, however, unambiguously requires agency action on any proposed TMDLs submitted to EPA for water quality level standards included on a state's CWA §303(d) list, and it leaves no room for EPA to define subsets of listed water quality level standards that deserve differential treatment. Natural Resource Defense Council, Inc. v. Fox, No. 94 Civ. 8424 (PKL) (S.D.N.Y. May 2, 2000) (Leisure, J.) (63 pp.) (Plaintiff counsel included Mark A. Izeman of Natural Resources Defense Counsel in New York NY).
RCRA, TSCA, NEPA, CHEMICAL AGENT STOCKPILE DISPOSAL:
A district court held that the U.S. government and a private company did not violate RCRA, TSCA, or NEPA in their past operation and continued present operation of a chemical agent stockpile disposal facility. Some of the interest groups' RCRA citizen suit claims were based on wholly passed violations, and the groups failed to establish that violations at the facility were ongoing or likely to recur. Additional claims that the facility's RCRA permit was violated were unsuccessful because they were not supported by sufficient evidence at trial. Similarly, the interest groups failed to satisfy the requirements of RCRA §6972(a)(1)(B) and prove that the operational events and emissions from the common stack at the facility presented an imminent and substantial endangerment to health or the environment. The interest groups also were unsuccessful on their TSCA citizen suit claims because the evidence at trial showed that the facility has in the past and continues to meet the requirements for the destruction of PCBs. Finally, the interest groups' NEPA claims are time-barred. The facility's concealment of information does not rise to the necessary level of active deception to toll the statute of limitations. Chemical Weapons Working Group, Inc. v. United States Department of the Army, No. 2:96-CV-425C (D. Utah Apr. 14, 2000) (Campbell, J.) (22 pp.) (Defense counsel included Craig D. Galli of Parsons Behle & Latimer in Salt Lake City UT).
CLASS ACTION CERTIFICATION, GROUNDWATER CONTAMINATION, MEDICAL MONITORING:
A California court of appeals held that a trial court improperly certified as a class residents of a community alleging that the underlying defendants' manufacturing operations contaminated a portion of their city's groundwater. Although there are significant common issues of fact in this case, the issues would be overwhelmed by the numerous inquiries necessary to establish each individual's claim to medical monitoring. Being a member of the class in this situation requires a threshold level of exposure to contaminated water, but such exposure does not determine an individual's right to medical monitoring. The variety of chemicals and the range of possible diseases identified by the individuals are extensive, and the issue of whether medical monitoring would be appropriate for each individual's medical condition or disease must be considered. Moreover, the remedy sought by the individuals does not avoid the reality that entitlement to that remedy depends on factors unique to each individual class member. Lockheed Martin Corp. v. Superior Court of San Bernardino County, Nos. E025064 et al. (Cal. Ct. App. Apr. 11, 2000) (19 pp.).
Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved.
Note: Citations below are to the Federal Register.
- EPA promulgated the second phase of regulations to control emissions from new nonroad spark-ignition handheld engines at or below 19 kilowatts. 65 FR 24267 (4/25/00).
- EPA listed two halon substitutes for ozone-depleting substances in the fire suppression and explosion protection sector as acceptable under the significant new alternatives program. 65 FR 24387 (4/26/00).
- EPA proposed to make several additions and changes to the Agency's Guideline on Air Quality Models. 65 FR 21505 (4/21/00).
- EPA proposed to modify a previously published proposed rule to amend the asbestos worker protection rule. 65 FR 24805 (4/27/00).
- EPA delegated the authority to implement and enforce the updated and/or revised new source performance standards and NESHAPs submitted by Iowa, Kansas, Missouri, Nebraska, Lincoln-Lancaster County, Nebraska, and Omaha, Nebraska. 65 FR 20754 (4/18/00).
- EPA approved Connecticut's CAA §§111(d)/129 state plan. 65 FR 21354 (4/21/00).
- EPA approved Idaho's CAA §111(d) state plan for controlling emissions from existing hospital/medical/infectious waste incinerators. 65 FR 21358 (4/21/00).
- EPA approved Oklahoma's CAA §111(d) plan to implement and enforce the emissions guidelines for existing hospital/medical/infectious waste incinerators. 65 FR 25447 (5/2/00).
- EPA approved Oregon's negative declaration that there are no hospital/medical/infectious waste incinerators located within its boundaries. 65 FR 21361 (4/21/00).
HAZARDOUS WASTES AND SUBSTANCES:
- EPA entered into a proposed administrative agreement under CERCLA §122(h) in connection with the Lawton Property Superfund site in Detroit, Mich. 65 FR 20457 (4/17/00).
- EPA entered into a proposed administrative agreement under CERCLA §122(g)(4) in connection with the Organic Chemical, Inc., site in Grandville, Mich. 65 FR 20457 (4/17/00).
- EPA entered into a proposed administrative settlement under CERCLA in connection with the U.S. Radium Superfund site in Orange, N.J. 65 FR 20458 (4/17/00).
- EPA entered into a proposed administrative settlement under CERCLA §122 in connection with the Blackberry Valley Drum Superfund site in Greenville, S.C. 65 FR 20821 (4/18/00).
- EPA entered into a proposed prospective purchaser agreement under CERCLA §122(i) in connection with the Yurgin Motors Superfund site in Mantua Township, N.J. 65 FR 20979 (4/19/00).
- EPA entered into a proposed administrative settlement under CERCLA §122(h)(1) in connection with the Double A Metals site in Chicago, Ill. 65 FR 21178 (4/20/00).
- EPA entered into a proposed administrative settlement under CERCLA §§106 and 107 in connection with the San Fernando Valley Crystal Springs Superfund site--Glendale Operable Units, in Burbank, Cal. 65 FR 24696 (4/27/00).
- EPA announced that it is proposing to reissue a no-migration variance for land disposal of hazardous waste to the Exxon Mobil Refining & Supply Company Refinery in Billings, Mont. 65 FR 21419 (4/21/00).
- EPA granted a petition to exclude from hazardous waste control desorber solids generated at DuraTherm, Inc.'s San Leon, Tex., facility. 65 FR 21651 (4/24/00).
- EPA promulgated final regulations revising the general public notification regulations for public water systems to implement the public notification requirements of the 1996 SDWA amendments. 65 FR 25981 (5/4/00).
- EPA issued additional information relevant to the maximum contaminant level goals, the maximum contaminant levels, and monitoring requirements contained in the July 18, 1991, proposal to limit the amount of radionuclides found in drinking water. 65 FR 21575 (4/21/00).
- President Clinton issued Executive Order 13149, Greening the Government Through Federal Fleet and Transportation Efficiency, to ensure that the federal government exercises leadership in the reduction of petroleum consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels. 65 FR 24607 (4/26/00).
- President Clinton issued Executive Order 13148, Greening the Government Through Leadership in Environmental Management, to ensure that all necessary actions are taken to integrate environmental accountability in agency day-to-day decisionmaking and long-term planning processes, across all agency missions, activities, and functions. 65 FR 24593 (4/26/00).
- President Clinton issued Executive Order 13150, Federal Workforce Transportation, in order to reduce federal employees' contribution to traffic congestion and air pollution and to expand their commuting alternatives. 65 FR 24613 (4/26/00).
- EPA issued an advance notice of proposed rulemaking to alert stakeholders that EPA is beginning to develop procedural regulations for registration review under FIFRA §3. 65 FR 24585 (4/26/00).
- EPA issued its semiannual regulatory agenda providing specific information on the status of regulations under development and revision. 65 FR 23429 (4/24/00).
SMCRA PROGRAM APPROVAL:
- Ala., (proposed) 65 FR 24433 (4/26/00).
- Md., (proposed) 65 FR 24897 (4/28/00).
- W. Va., (proposed) 65 FR 24158 (4/25/00).
- W. Va., 65 FR 26130 (5/5/00).
- EPA and the DOJ proposed a rule that would provide for access to information concerning the potential off-site consequences of hypothetical accidental chemical releases from industrial facilities. 65 FR 24833 (4/27/00).
- EPA promulgated a rule that specifies that new and revised standards adopted by states and authorized by tribes become applicable standards for CWA purposes only when approved by EPA. 65 FR 24641 (4/27/00).
- EPA issued a summary of all data received and collected since publication of its February 3, 1999, proposal to implement technology-based effluent limitations guidelines and standards under the CWA for the discharge of pollutants from oil and gas drilling operations associated with the use of synthetic-based drilling fluids and other non-aqueous drilling fluids into U.S. waters. 65 FR 21547 (4/21/00).
- EPA proposed Class II administrative penalties under CWA §309(g) of $137,500 against Colrich Communities, Inc., for NPDES permit violations in Riverside County, Cal. 65 FR 21764 (4/24/00).
- EPA announced that it issued NPDES general permits for non-contact cooling water discharges to certain waters of the states Maine, Massachusetts, and New Hampshire for the purpose of reissuing the current permit that expired on May 31, 1999. 65 FR 24195 (4/25/00).
- EPA announced the availability of a letter it sent to the state of New York finding that for the most part the state has adopted water quality standards and NPDES permit program revisions that are consistent with CWA §118 and 40 C.F.R. part 132. 65 FR 24957 (4/28/00).
- EPA Region 4 announced its final modifications of the NPDES general permit for storm water discharges from construction activities in the following areas: Native American lands in Alabama, the state of Florida, Native American lands in Florida, Native American lands in Mississippi, and Native American lands in North Carolina. 65 FR 25121 (4/28/00).
- EPA proposed to reissue a general NPDES permit for seafood processors in Alaska under the CWA. 65 FR 21432 (4/21/00).
- EPA and NOAA announced that the intend to fully approve California's coastal nonpoint pollution control program. 65 FR 25311 (5/1/00).
- EPA announced the availability of a proposed Project XL final project agreement for Naval Station Mayport in Florida for which it seeks comments. 65 FR 25327 (5/1/00).
- EPA and the U.S. Army Corps of Engineers proposed to revise their CWA regulations defining the term "fill material." 65 FR 21291 (4/20/00).
- DOE announced that it will prepare a floodplain and wetlands assessment in connection with its proposal to convey to the abutting landowner an approximate 182-acre parcel of land located within the 500-year floodplain of the Clinch River in Roane County, Tenn. 65 FR 25711 (5/3/00).
DOJ NOTICES OF SETTLEMENT:
- U.S. v. Beazer East, Inc., No. 00-D-561 (D. Colo. Mar. 14, 2000) (settling CERCLA defendants must implement the EPA-selected remedial action at the Smeltertown Superfund site in Salida, Colo., must reimburse all of EPA's past response costs incurred at the site, and must reimburse all of EPA's and Colorado's future response costs to be incurred at one of the operable units at the site), 65 FR 20487 (4/17/00);
- U.S. v. Lockheed Martin Corp., No. 00-562 (D. Colo. Mar. 14, 2000) (a CERCLA defendant must $3.5 million over 10 years to the U.S. Air Force for costs incurred and to be incurred at the PJKS NPL site in Jefferson County, Colo., and must provide cleanup services that could ultimately reduce total cleanup costs to the Air Force by as much as $35.25 million), 65 FR 20487 (4/17/00);
- U.S. v. Beazer East, Inc., No. 00-561 (D. Colo. Mar. 14, 2000) (settling CERCLA defendants must implement the EPA-selected remedial action at the Smeltertown Superfund site in Salida, Colo., must reimburse all of EPA's past response costs incurred at the site, and must reimburse all of EPA's and Colorado's future response costs to be incurred at one of the operable units at the site), 65 FR 21016 (4/19/00);
- U.S. v. Fleetwood Industries, Inc., No. 00-CV-1818 (E.D. Pa. Apr. 7, 2000) ( CERCLA defendants must pay $82,297.77 in past U.S. response costs incurred at the Berks Landfill Superfund site in Spring Township, Pa.), 65 FR 21016 (4/19/00);
- U.S. v. Morton International, Inc., No. 1:00-CV-220 (W.D. Mich. Mar. 30, 2000) (a CWA defendant that discharged effluent into Manistee Lake at its magnesium-based chemical manufacturing plant in Manistee, Mich., in violation of its NPDES permit must pay a $75,000 civil penalty and perform supplemental environmental projects), 65 FR 21017 (4/19/00);
- U.S. v. Redi-Serve Foods Ltd. Partnership, No. 00-C-0166-C (W.D. Wis. Mar. 24, 2000) (a CAA defendant that violated the Act at its meat processing facility in Fort Atkinson, Wis., must pay a $195,000 civil penalty, must retain a certified opacity observer to perform a daily stack inspection, must report any visible emissions readings that exceed 20 percent to EPA, and must report any temperature excursions, malfunctions, or down times for the thermal oxider), 65 FR 21017 (4/19/00);
- U.S. v. SC Holding, No. 1:00CV150 (N.D. Ind. Apr. 11, 2000) (settling CERCLA defendants, in connection with natural resource damages resulting from the release of hazardous substances at or from the Fort Wayne Reduction Superfund site in Fort Wayne, Ind., must reimburse the federal natural resource trustee, DOI, through the FWS, $90,000 in estimated natural resource damage assessment costs and $8,000 in estimated project oversight costs; must reimburse the state natural resource damage trustee, the state of Indiana, through the Indiana Department of Environmental Management and the Indiana Department of Natural Resources, $2,000 and $1,500, respectively, for their natural resource damage assessment costs and estimated project oversight costs; and must implement a restoration plan under which they will, among other things, acquire approximately 75 acres of land adjacent to the Maumee River, reforest and restore approximately 45 acres of that property, place a deed restriction in the form of a conservation easement on the property, and convey the property to the Indiana Department of Natural Resources), 65 FR 24224 (4/25/00);
- U.S. v. BHP Petroleum Americas Refining, Inc., No. 00-00264 DAE (D. Haw. Apr. 10, 2000) (a CAA, CWA, CERCLA, and EPCRA defendant must modify the air blower and burner system at its sulfur recovery units, must add capacity to its containment areas, must place new coatings on its berms and containment floors, and must undertake a supplemental environmental project to provide equipment worth $50,000 to the city and county of Honolulu, Haw., for management of inventory data and emergency planning), 65 FR 24225 (4/25/00);
- U.S. v. Big Apple Wrecking Corp., No. 9190 (D.S.N.Y. Mar. 30, 2000) (CAA defendants that violated the asbestos NESHAP during the removal, handling, and disposal of asbestos from a building being demolished in New York City must pay $40,000 in civil penalties, and must notify EPA of future demolition or renovation operations), 65 FR 24980 (4/28/00);
- U.S. v. 745 Property Investments, Inc., No. 00-1215-Civ-Seitz (S.D. Fla. Mar. 31, 2000) (settling CERCLA defendants must perform the "zone 1" soils excavation and monitoring program at the Anodyne NPL site in Miami, Fla,. as required by the record of decision for the site, must pay up to $100,000 of EPA's oversight of that portion of the remedial action, must pay all of EPA's other future response costs incurred in connection with the consent decree, and must pay $35,704.56 in past U.S. response costs), 65 FR 25759 (5/3/00).
Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved
Dept. of Envtl. Management
- Proposed revisions to Division 3 of the Administrative Code will incorporate NSPS and NESHAP revisions from Sept. 1999 through March 2000. Other provisions affected include Chapter 335-3-1 (clarification of definition of "New Source") and Chapter 335-3-16, which is being revised to seek final approval of the state's Title V Major Source Operating Permit Program. Public hearing scheduled for June 7; written comments due June 19. For details, see http://www.adem.state.al.us/propdiv3.html
Public Notices–Permit Applications
- OMNOVA Solutions, Inc., air permit for construction and operation of a polymeric roofing membrane manufacturing facility in Tuscumbia. Details at http://www.adem.state.al.us/4omnovas.html
- Honeywell Aerospace, Airline Services, Oxford, for a Synthetic Minor Operating Permit. Details at http://www.adem.state.al.us/4honeywe.html
- Weatherly Water Reclamation Center, Pelham, for Class V Injection Well permit. Details at http://www.adem.state.al.us/5weather.html
- MWS, LLC, Fairhope, for a Class V Injection Well permit. Details at http://www.adem.state.al.us/5mwsllcu.html
- Black Warrior Transmission Corp., Brookwood, for a Synthetic Minor Operating Permit. Details at http://www.adem.state.al.us/5blackwa.html
- Mobile Energy LLC, Mobile, for construction and operation of an auxillary boiler at an existing cogeneration facility. Details at http://www.adem.state.al.us/5mobilee.html
- EOTT Energy Pipeline Limited Partnership, Eight Mile, for a Synthetic Minor Operating Permit. Details at http://www.adem.state.al.us/5oeottene.html
- Waste Management, Inc., Cherokee County, for modification of a disposal facility permit. Details at http://www.adem.state.al.us/5wasteth.html
- Alabama Disposal Solution Landfill, LLC, for permit to operate a municipal solid waste landfill in Lowndes County. The service area would consist of the entire state except Mobile and Jefferson counties. Details at http://www.adem.state.al.us/5adstall.html
- Dorsey Trailers, Inc., Elba, for Title V Major Source Operating Permit. Details at http://www.adem.state.al.us/4dorsey.html
- Shaw Industries, Inc., Andalusia, for Synthetic Minor Operating Permits. Details at http://www.adem.state.al.us/4shawind.html
- Fontaine Specialized, Inc., Springville, for Title V Major Operating Source Permit. Details at http://www.adem.state.al.us/4fontain.html
- Blount Springs Sand & Gravel, Inc., Cullman, for an NPDES permit. Details at http://www.adem.state.al.us/4blounts.html
- Alabama Gas Corp., Coosada, for a Title V Major Source Operating Permit. Details at http://www.adem.state.al.us/4alagasc.html
- Kimberly-Clark Tissue Co., Mobile, for reissuance of NPDES permits. Details at http://www.adem.state.al.us/4kimberl.html
- Calpine Construction Finance Corp., L.P., Decatur, for an air permit for construction and operation of a new cogeneration facility. Details at http://www.adem.state.al.us/4calpmor.html
- City of Jacksonville, for modification and renewal of a solid waste disposal permit. See http://www.adem.state.al.us/4jackson.html
- City of Florence, for modification and renewal of a solid waste disposal permit. See http://www.adem.state.al.us/4florenc.html
- Gulf States Paper, Moundville, for a Title V Major Source Operating Permit. See http://www.adem.state.al.us/5gulfsta.html
- Koppers Industries, Inc., Montgomery, for a Synthetic Minor Operating Permit. See http://www.adem.state.al.us/4koppers.html
- Troy Carter, for permit to develop a residential subdivision on property containing coastal wetlands in Mobile County. See http://www.adem.state.al.us/4troycar.html
- Chevron U.S.A., Inc., for coastal consistency determination. See http://www.adem.state.al.us/4chea387.html
- El Paso Production GOM, Inc., for coastal consistency determination. See http://www.adem.state.al.us/4elpa205.html
- Alabama Power Company, Shelby County, for permit authorizing continued operation of a captive landfill as an industrial waste disposal facility. See http://www.adem.state.al.us/4ecgasto.html
- U.S. Forest Industries Company, Abbeville, for Title V Major Source Operating Permit. See http://www.adem.state.al.us/4usfores.html
- International Paper, Autauga County, for continued operation of a captive industrial waste landfill. See http://www.adem.state.al.us/4prattmi.html
- Huxford Pole & Timber Co., Huxford, for modification of a hazardous waste facility permit to establish corrective action measures and modify groundwater monitoring program. Details at http://www.adem.state.al.us/4huxford.html
- Shell Chemical Co., Title V Major Source Operating Permit for Blakely Island Terminal, Mobile. Details at http://www.adem.state.al.us/3blakele.html
- Friese Hauling, Spanish Fort, for a Class V Injection Well Permit. Details at http://www.adem.state.al.us/3friesch.html
- Capital Column & Millwork, Gadsden, for a Synthetic Minor Operating Permit. Details at http://www.adem.state.al.us/4capital.html
- City of Scottsboro, for construction of a C&D landfill. Details at http://www.adem.state.al.us/4scottsb.html
Dept. of Envtl. Conservation
Proposed Contingency Plan
- Proposed Interior Alaska Subarea Oil and Hazardous Substances Contingency Plan. The Plan will include information on emergency response notification and procedures, available resources, and environmentally sensitive areas. Comments were due April 30. Details at http://www.akrtt.org/plans.html
Dept. of Envtl. Quality
Proposed Revisions-Water Quality Plan
Proposed revisions to Water Quality Management Plan (208 Plan) by adding four facilities with wastewater discharges to the plan, changing the discharge flow rate for one facility, and changing the discharge flow rate and effluent limits for a second facility. Public comments were accepted through April 12. Details at http://www.adeq.state.ar.us
Proposed Revisions-Air Regulations
Proposed regulations would incorporate federal requirements regarding Title V operating permit program. Public hearing May 23; written comments due June 7. See http://www.adeq.state.ar.us/regs/draft26.htm
Dept. of Envtl. Quality
Proposed Program Delegations
- Various program functions proposed to be delegated to Cochise County, Coconino County, City of Flagstaff, La Paz County, City of Sierra Vista, Santa Cruz County, Yuma County, and Pima County. Details at http://www.adeq.state.az.us/lead/oac/delegate.html Public hearing and comment deadline dates set forth at http://www.adeq.state.az.us/comm/pr/april00.html
Draft Regulations-UST State Assurance Fund
- Informal stakeholder meetings to discuss draft R18-12-601 through 622. Scheduled through July 24. Details at http://www.adeq.state.az.us/environ/waste/ust/seminar.html
Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements
- Comment periods open. See http://www.adeq.state.az.us/environ/waste/sps/notices.html
Air Resources Board
- New airborne toxic control measures for automotive consumer products containing perchloroethylene (Perc), methylene chloride (MeCl), and trichloroethylene (TCE) adopted April 27. See http://www.arb.ca.gov/newsrel/nr042700.htm
- New rules requiring modernization of vapor recovery systems at gas stations and other gasoline pumping stations approved by Board March 23. See http://www.arb.ca.gov/newsrel/nr0323200.htm
- Amended agricultural burning guidelines approved March 23. See http://www.arb.ca.gov/newsrel/nr032300.htm
- Proposed amendments to the consumer products regulation relating to aerosol adhesives. May 25 public hearing. Details at http://www.arb.ca.gov/regact/conspro/aeroadh/aeroadh.htm
Integrated Waste Management Board
- Diversion rate reached 20 percent in 1999, according to CIWMB. See http://www.ciwmb.ca.gov/PressRoom/2000/March/nr019.htm
AB 939 Local Government Compliance Orders
- Cities of Chico, Hawaiian Gardens, San Clemente, and Coachella no longer subject to compliance orders. See http://www.ciwmb.ca.gov/Pressroom/2000/March/nr020.htm
Water Resources Control Board
Water Transfers Public Workshop
- July 1999 Draft "Guide to Water Transfers", available at http://www.waterrights.ca.gov/watertransfer.htm, along with other water transfer issues, was the subject of a May 4 workshop. Written comments were due by April 27. See http://www.swrcb.ca.gov
Undergound Storage Tanks--Proposed Cleanup Fund Regulations
- Proposed amended regulations are in 45-day comment period that ends May 15. See http://www.swrcb.ca.gov/News/ustregs.htm The proposal and supporting documents may be viewed at http://www.swrcb.ca.gov/cwphome/ustcf
South Coast Air Quality Management District
Final Regulation-Air Toxics
- Amendments to Rule 1402, Control of Air Toxic Contaminants from Existing Sources. Summary and copy of amendments available at http://www.aqmd.gov/news1/Governing_Board/Bs3_17_00.htm
Final Regulation-Gasoline Transfer/Dispensing
- Governing Board adopted revisions to Rule 461 on April 21. The revisions require more frequent testing of USTs, gas pumps and associated hardware. Increased inspection frequency and new requirements for training for equipment testers are also included. See http://www.aqmd.gov/news1/Governing_Board/Bs4_21_00.htm
Draft Air Toxics Control Plan
- Staff draft presented to the Governing Board, along with final report on the Multiple Air Toxics Exposure Study-II. See http://www.aqmd.gov/news1/Governing_Board/Bs3_17_00.htm
Proposed Rule, Amendments--Public Fleet Vehicles
- Proposed amendments to Rule 461 and proposed new Rule 1191 are set for a public hearing on June 16. See http://www.aqmd.gov/news1/Governing_Board/Bs3_17_00.htm
- Proposed amendments to Regulation III-Fees will be considered at public hearing on May 19. The revisions would raise fees by 2.9% and emission fees by an additional 8.1%. The per nozzle compliance fee for gasoline stations would be increased to $25.11. In addition, a $50 per person fee for employee transportation training would be instituted. Details at http://www.aqmd.gov/news1/Governing_Board/Bs4_21_00.htm
Water Quality Control Commission
- Proposed adoption of revisions to Revolving Fund Rules, Regulation #51 (5 CCR 1002-51). Hearing on May 8. Details at http://www.cdphe.state.co.us/wq/wqcc/wqrmnot.html
- Proposed extension of temporary modifications to water quality standards for waters in the South Platte River Basin, Regulation #38 (5 CCR 1002-38). Written comments due May 8; no hearing scheduled. Details at http://www.cdphe.state.co.us/wq/wqc/wqwcrnot.html
- Proposed readoption of revisions to the FY00 Water Pollution Control Revolving Fund Intended Use Plan, Regulation #52 (5 CCR 1002-52). Written comments due May 8; no hearing scheduled. Details at http://www.cdphe.state.co.us/wq/wqc/wqwcrnot.html
- Proposed revisions to Regulation #31, 5 CCR 1002-31, Basic Standards and Methodologies for Surface Water, regarding issues raised in the Jan. 2000 triennial review hearing. Hearing on July 10. See http://www.cdphe.state.co.us/wq/wqcc/wqrmnot.html
- Proposed revisions to Regulation #63, Pretreatment Regulations. Written comments due July 11; no hearing scheduled. Details at http://www.cdphe.state.co.us/wq/wqcc/wqwcrnot.html
Dept. of Envtl. Protection
Proposed Aquifer Protection Land Use Regulations
Draft regulations released; formal public comment period will follow. Details at http://dep.state.ct.us/whatshap/press/2000/mf330.htm
Dept. of Envtl. Protection
- Proposed funding plan for South Florida's portion of overall $7.8 billion restoration project detailed by Secretary Struhs on April 6. See http://www.dep.state.fl.us/comm/releases/2000/00-043.htm
Public Hearing-Drinking Water Fund Priority List
- May 8 hearing in Tallahassee on proposed adoption of FY 2000 Drinking Water State Revolving Fund loan priority list. Approximately $20 million is expected to be available.
Southwest Florida Water Management District
Proposed Regulation-Water Use Form
- Proposal would establish water use form, the Modification Short Form. Public hearing, if requested, will be held after subsequent notice.
Proposed Regulation-Wetlands, Surface Waters
- Amendments would establish time frame within which the District must act in evaluating a Petition for a Formal Determination of Wetlands and Other Surface Waters. Public hearing, if requested, will be held after subsequent notice.
Dept. of Natural Resources
Proposed Regulations-Air Quality
- Proposed amendments to Chapter 391-3-1, Procedures for Testing and Monitoring Sources of Air Pollutants, and amendments to the SIP for attaining the ozone standard in the Atlanta Ozone Nonattainment Area. Public hearing on May 18 in Atlanta; written comments due that date. Will be taken up at July 26 meeting of Board of Natural Resources. For details, see http://www.ganet.org/dnr/environ/
Air Permit Applications
- Comments due May 12 for applications regarding Appling, Bibb, Coffee, Colquitt, Crisp, Dougherty, Gwinnett, Hart, Houston, Pulaski, Richmond, Spalding, and Wilcox counties. Details at http://www.ganet.org/dnr/environ/pubnote/pa_400_2.html
- Pittman Construction Company application for Synthetic Minor Operating Permit; hearing May 30. Details at http://www.ganet.org/dnr/environ/hearmeet/
- Comments due June 2 for applications regarding Houston and Richmond counties. Details at http://www.ganet.org/dnr/environ/pubnote/pa_500_1.html
- Comments due May 26 for applications regarding Barrow, Colquitt, Fayette, Jenkins, and Wilkinson counties. Details at http://www.ganet.org/dnr/environ/pubnote/pa_400_4.html
Division of Envtl. Quality
Airshed Management Plan
Proposed plan for Treasure Valley. Comments due by May 15. See http://www2.state.id.us/deq/news/apr24_00.htm
Agrium, Inc, Soda Springs, for air quality permit involving expansion and modifications of facility. Comments due May 24. See http://www2.state.id.us/deq/news/may03_00a.html
Fiberglass Systems, Inc., Boise, for increase in allowable emissions. Comments due May 25. See http://www2.state.id.us/deq/news/apr25_00.htm
Woodgrain Millwork, Inc., Fruitland, for a Permit to Construct. Comments due May 26. See http://www2.state.id.us/deq/news/apr26_00a.htm
Doane Pet Care Company, Caldwell, Title V Operating Permit. See http://www2.state.id.us/deq/news/may03_00b.htm
IMCO Recycling, Post Falls, for a Permit to Construct. Comments due June 2. See http://www2.state.id.us/deq/news/may03_00c.htm
Motive Power, Boise, for a Permit to Construct. Comments due June 2. See http://www2.state.id.us/deq/news/may03_00d.htm
Kerr-McGee Chemical, Soda Springs, for a Permit to Construct. Comments due June 2. See http://www2.state.id.us/deq/news/may03_00e.htm
Pollution Control Board
Proposed Procedural Rules
Written comments accepted through June 1; hearing on May 4 in Chicago. Details at http://www.ipcb.state.il.us/rules/procedural/procedural.htm
Envtl. Protection Agency
Strategic Planning Process
- Information and comment procedures available at http://www.epa.state.il.us/strategic-planning/
- Calumet Energy Team, LLC, Chicago, for air permit for a natural gas power plant. Comments due May 11; hearing was held April 26.
- Ahlstrom Filtration, Inc., for air permit modification regarding coating operation. Comments due May 24; public hearing on May 10. Details at http://www.epa.state.il.us/public-notices/2000/2000-05-24-ahlstrom-filtr.html
- ABB Energy Ventures, Inc., for construction of an electrical generating facility in Bartlett. Comments due June 8; public hearing May 24. Details at http://www.epa.state.il.us/public-notices/2000/2000-06-08-grande-prarie-energy.html
- Material Service Corp., McCook, for replacement of aggregate crushers and addition of three conveyors, and for an NPDES permit. Comments due June 9; hearing May 25. Details at http://www.epa.state.il.us/public-notices/2000/2000-06-09-material-service.html
- Indeck-Libertyville, LLC, for construction of a natural gas fired power plant in Libertyville. Comments due May 10; public hearing was held April 25.
- Silvercreek Constr. Co., Knox County, for an NPDES permit. Details at http://www.epa.state.il.us/public-notices/2000/2000-04-06-silvercreek.html
- Fox River Water Reclamation District NDPES applications. Comments due June 15; public hearing May 16. Details at http://www.epa.state.il.us/public-notices/2000/2000-06-15-fox-river.html
- Grande Prairie Energy LLC, Bartlett, for construction of an electrical generating facility. Comments due June 8; public hearing May 24. Details at http://www.epa.state.il.us/public-notices/2000/2000-06-08-grande-prarie-energy.html
Dept. of Envtl. Management
- Final rules amend 327 IAC 8 to revise the definition of "public water systems" to be consistent with the SDWA definition. See http://www.state.in.us/legislative/register/April-1-2000.html
- Final rules amend 327 IAC 12.1 regarding handling of confidential material. See http://www.state.in.us/legislative/register/April-1-2000.html
- Final rules add requirements regarding content of consumer confidence reports submitted by community water systems to their customers. See http://www.state.in.us/legislative/register/May-1-2000.html
- Final rule amends 327 IAC 15-5-10 regarding inspection and enforcement of stormwater permits for construction activity. See http://www.state.in.us/legislative/register/May-1-2000.html
Final Regulations-Hazardous Waste
- Final rule amends 329 IAC 3.1-1-7 to incorporate revisions to U.S. EPA regulations promulgated between June 1997 and Feb. 1999. See http://www.state.in.us/legislative/register/April-1-2000.html
- Final rule adds 326 IAC 17.1 to incorporate recent statutory changes to IC 5-14-3, provide for consistent treatment of confidential materials among IDEM program areas, and allow IDEM to simplify and streamline the procedures associated with the submission and handling of confidential information. Details at http://www.state.in.us/legislative/register/March-1-2000.html
- Proposed readoption of rules in Title 326, Indiana Admin. Code, except those that incorporate a federal regulation by reference. May 31 is the comment deadline. See http://www.state.in.us/legislative/register/May-1-2000.html
- Proposed readoption of rules in Title 327, Indiana Admin. Code. May 31 is the comment deadline. See http://www.state.in.us/legislative/register/May-1-2000.html
- May 3 was the hearing date for proposed amendments to 326 IAC 1-1-3 regarding incorporation of Federal Register revisions. See http://www.state.in.us/legislative/register/March-1-2000.html
- May 1 was the comment deadline for new NESHAP rules for shipbuilding and ship repair operations. See http://www.state.in.us/legislative/register/April-1-2000.html
- May 1 was the comment deadline for a new rule that will incorporate U.S. EPA NESHAP standards for hazardous waste combustors. See http://www.state.in.us/legislative/register/April-1-2000.html
- May 1 was the comment deadline for a new rule that will incorporate U.S. EPA NESHAP standards for portland cement manufacturing. See http://www.state.in.us/legislative/register/April-1-2000.html
- May 1 was the comment deadline for draft amendments to 326 IAC 2-2 Prevention of Significant Deterioration rules (Second Notice of Comment Period). See http://www.state.in.us/legislative/register/April-1-2000.html
- Proposed amendments to Title 327 concerning water quality standards and antidegradation standards for water bodies. Comments due May 31. See http://www.state.in.us/legislative/register/May-1-2000.html
- May 31 is the comment deadline for amendments to 327 IAC 8-12 regarding the examination and certification of water treatment plant operators, and for new rule 327 IAC 5-22 regarding the subject. See http://www.state.in.us/legislative/register/May-1-2000.html
- May 10 is the new hearing date for amendments to rules establishing wetlands water quality standards and new provisions establishing procedures and criteria for review of projects requiring water quality certification under Section 401 of the CWA. See http://www.state.in.us/legislative/register/March-1-2000.html
- May 1 was the second notice of comment period deadline for draft amendments to drinking water standards concerning various topics, including electronic reporting and analytical methods for chemical and microbiological contaminants. See http://www.state.in.us/legislative/register/April-1-2000.html
Proposed Regulations-Solid & Hazardous Waste
- Proposed readoption of rules in Title 329. Comments due May 30. See http://www.state.in.us/legislative/register/May-1-2000.html
- Proposed revisions to scrap tire management regulations. See http://www.state.in.us/legislative/register/March-1-2000.html
- Proposed rules governing hazardous waste staging at treatment storage disposal facilities and by generators that stage waste at loading docks or other areas. First Notice of Comment Period. See http://www.state.in.us/legislative/register/April-1-2000.html
- Proposed rules governing electronic submission of hazardous waste analytical groundwater data, and on training courses used for the certification of solid waste facility operators. See http://www.state.in.us/legislative/register/April-1-2000.html
Proposed Regulations-Underground Storage Tanks
- Proposed readoption of sunsetting Title 328 rules. Comments due May 30. See http://www.state.in.us/legislative/register/March-1-2000.html
Land Application Permit
- Renewal permit sought by Karle Enviro-Organic Recycling, Inc., Crawfordsville. Public hearing May 31. See http://www.state.in.us/idem/olq/meetings/karle.html
- WASTE-0038-NPD, issued April 20, regarding liability for response costs for cleanup of a release of petroleum or a regulated substance due to subsurface migration in an aquifer. See http://www.state.in.us/legislative/register/May-1-2000.html
- WASTE-0040-NPD, issued April 20, regarding uses of type III foundry sand in land application operations and as a soil amendment without a permit. See http://www.state.in.us/legislative/register/May-1-2000.html
KDHE Division of Environment
Water Quality-305(b) Report
For Arkansas, Upper Arkansas, and Cimarron River basins. For details, including hearing dates, see http://www.kdhe.state.ks.us/opp/ken/april2000/index.html
Dept. of Envtl. Quality
Revisions to LAC 33:V.625, 630, 635, 660, and 717, Remedial Action Plans; proposed repeal of certain regulations dealing with control of emissions from motor vehicles and related fees; proposed amendments to LAC 33:XV.2508, dealing with fee determination. For further information, including copies of the proposed regulations and comment information, see http://www.deq.state.la.us/planning/regs/addition/2000
Revisions to LAC 33:III.2121, to remove the word "pipeline" and make other changes regarding regulations for monitoring requirements for petroleum refineries. Public hearing on May 25; comments due June 1. See http://www.deq.state.la.us/planning/regs/index.htm
Revisions to LAC 33:III.5107 and 5112, to reclassify zinc and zinc compounds from Class II (suspected carcinogen or known toxin) to Class III (acute and chronic, non-carcinogenic). Public hearing May 25; comments due June 1. See http://www.deq.state.la.us/planning/regs/index.htm
Revisions to LAC 33:III.2107, regarding adding U.S. EPA test methods 18, 25A, and 25B as appropriate test methods for determining compliance with control requirements for loading facilties for volatile organic compounds. Public hearing May 25; comments due June 1. See http://www.deq.state.la.us/planning/regs/index.htm
Proposed rule would replace Emergency Rule 0S035E and establish requirements to ensure the quality of data generated by accredited commercial laboratories. Public hearing May 25; comments due June 1. See http://www.deq.state.la.us/planning/regs/index.htm
Proposed Regulations-Beneficial Environmental Projects
Proposed regulations would establish criteria for their use. Public hearing May 25; comments due June 1. See http://www.deq.state.la.us/planning/regs/index.htm
Semiannual Regulatory Agenda
April 15 version available at http://www.deq.state.la.us/planning/regs/index.htm
Listing of 8-Hour Ozone Attainment/Nonattainment Areas
Public meetings through June 10 in various locations. Written comments due June 10. For details, see http://www.deq.state.la.us/planning/regs/index.htm
B&I Industries, Belle Chasse, for an air permit. Comments due May 8. See http://www.deq.state.la.us/news/2000/pn000408.htm
Entergy Gulf States, Inc, Baton Rouge, for a Part 70 Operating Permit. Comments due May 25. See http://www.deq.state.la.us/news/2000/pn000413a.htm
Cogentrix Energy, Inc., Ouachita Parish, for a Prevention of Significant Deterioration (PSD) and a Part 70 Operating Permit. Comments due May 31. See http://www.deq.state.la.us/news/2000/pn000413b.htm
Dow Chemical Co., Plaquemine, for a Part 70 Operating Permit. Comments due May 8. Details at http://www.deq.state.la.us/news/2000/pn000406a.htm
Temple-Inland Forest Products Corp., Beauregard Parish, for a Part 70 Operating Permit. Comments due May 11. Details at http://www.deq.state.la.us/news/2000/pn000406.htm
Gaylord Container Corp., Bogalusa, for a modification of its Part 70 Operating Permit. Comments due May 9; public hearing scheduled for that date. Details at http://www.deq.state.la.us/news/2000/pn000403.htm
Entergy Louisiana, Inc., for PSD and Part 70 Operating Permits for the Monroe Electric Generating Plant, Monroe. Ccomments due May 8. Details at http://www.deq.state.la.us/news/2000/pn000329.htm
Louisiana Energy and Power Authority, Lafayette, for revisions to air permit regarding emission rates from diesel engines. Comments due May 17. See http://www.deq.state.la.us/news/2000/pn000417a.htm
Texaco Exploration and Production Inc., Lafourche Parish, for modification of an air permit. Comments due May 17. See http://www.deq.state.la.us/news/2000/pn000417.htm
Texaco Exploration and Production Inc., Terrebone Parish, for modification of an air permit. Comments due May 12. See http://www.deq.state.la.us/news/2000/pn000412b.htm
Shell Chemical Co., Geismar, Ascension Parish, for air permit modification. Comments due May 16. See http://www.deq.state.la.us/news/2000/pn000412a.htm
Hospital/Medical/Infectious Waste Incinerator Compliance Deadline
Compliance with 40 C.F.R. 60 subparts Ec and Ce is required by Aug. 16, 2000. Facilities that cannot meet the deadline and qualify for an extension of compliance deadlines must request an extension on or before May 22.
Dept. of the Environment
Listing available in "MDEnvironment" publication at http://www.mde.state.md.us/mdenvironment/index.html
Dept. of Envtl. Protection
Final Regulations-Cathode Ray Tube Management
Cathode ray tubes, which are found in televisions, computer monitors, and certain other electrical equipment, are banned from landfill disposal or incineration pursuant to regulations that became effective April 1. See http://www.state.ma.us/dep under "New Additions" for information regarding the ban, the rationale behind it, and the Commonwealth's recycling program, as well as http://www.state.ma.us/dep/pao/files/crt2.htm
Proposed Regulations-NOx Trading
Public hearing on proposed SIP revisions and proposed revision to 310 CMR 7.28, "NOx Allowance Trading Program." Comment period closes that date. See http://www.state.ma.us/dep/calendar.htm
Proposed Regulations-Hazardous Waste Transport
Comment period closes May 8. The proposed amendments are designed to reduce the number of hazardous waste transporter categories from nine to one, consolidate the number of permit modification categories from three to one, and modify the public notice process for license applications. See http://www.state.ma.us/dep under "New Additions."
Bordering Vegetated Wetlands Manual
Includes procedures for delineating Bordering Vegetated Wetland boundaries and recommendations for reviewing boundary delineations presented to conversation commissions. Available at http://www.state.ma.us/dep/new.htm
Fibermark, Inc., Fitchburg, $8,750 administrative penalty for failure to obtain and apply an emissions control plan for volatile organic compounds. See http://www.state.ma.us/dep/pao/files/fibermark.htm
Village Saab, Acton, for waste oil storage and washwater discharge violations, a penalty of $5,750. See http://www.state.ma.us/dep/pao/files/vsaab.htm
Safety Kleen, Lawrence, $2,000 penalty following several self-reported incidents involving unauthorized receipt of reactive compounds. See http://www.state.ma.us/dep/pao/files/safety.htm
Drinking Water State Revolving Loan Fund Program
Public hearing May 10 on Intended Use Plan. See http://www.state.ma.us/dep/calendar.htm
Recent enforcement actions described at http://www.state.ma.us/dep/enf/enforce.htm
Dept. of Envtl. Quality
Clean Corporate Citizen Designations
- Applications from Ford Motor Company, Livonia Transmission Plant; GM-Powertrain Warren Transmission Plant; Great Lakes Gas Transmission Company; Detroit Edison, for Fermi 2 Power Plant, Monroe County; Mark IV Automotive-Big Rapids. See http://www.deq.state.mi.us/cal/dq032700.htm and http://www.deq.state.mi.us/dq041000.htm#Rules
Draft CWA Section 303(a) Report
- Available for review and comment. Will be used to establish TMDLs. See http://www.deq.state.mi.us/dq041000.htm#Rules
Management Team Public Meetings
- June 26 in Jackson and Sept. 25 in Marquette. For details, see http://www.deq.state.mi.us/pr/000224.htm
- Proposed new rule R281.922a to clarify permit application review criteria identified in Part 303. DEP also proposes to amend the existing mitigation rule (R281.925) to establish specific mitigation criteria and ratios. The proposal may be viewed at http://www.deq.state.mi.us/lwm/grt_lakes/wetlands/proposedrules.htm
- Alchem Aluminum, Inc., for a permit to install for a facility to be located in Buena Vista.
- Stone Container Corp., for permit to install for installation and operation of air pollution control systems at facility in Ontonagon.
- KM Power Company, for installation of a 550 megawatt natural gas-fired power plant in Jackson.
- Viking Energy, Lincoln, for increase in allowed tire-derived fuel usage rate.
- Tuscarora Incorporated, for increased emissions from an existing polystyrene foam manufacturing facility in Chesaning.
- Lafarge Corporation, for a change in raw material mix and increases in HCl emissions from cement kilns in Alpena.
- Cadillac Renewable Energy, for operation of a utility plant in Wexford County.
- Viking Energy of McBain, for operation of an electric utility.
- Midland Township, for operation of a municipal solid waste landfill.
- Central Michigan University, for operation of a power plant.
- Detroit Edison, Monroe Power Plant.
- Technisand, Inc., Berrien County, for sand mining operation.
- MD Enterprises, Grand Rapids, for surface coating operation.
- Thompson Marine Products, for boat manufacturing facility in Saginaw County.
- Paulstra CRC Cadillac Division, Wexford County, for manufacturing of automotive parts.
- Wisconsin Electric Power Company, for Preque Isle Power Plant, Marquette County.
- LTV Steel Co., Ferndale, for Renewable Operating Permit.
- Genesee Power Station Limited Partnership, for Renewable Operating Permit.
- General Motors Powertrain Group, Bay City, for Renewable Operating Permit.
- Stone Container Corp., Ontonagon, for Permit to Install.
- Miller Products, Grand Rapids, for Renewable Operating Permit.
- Spectrum Industries, Grand Rapids, for Renewable Operating Permit.
- Valley Asphalt Co., Burnside Township, for Permit to Install.
- Industrial Steel Treating Co., Jackson, for Renewable Operating Permit.
- White Tower Industrial Laundry & Cleaner, Detroit, for Renewable Operating Permit.
- CMS Consumers Energy Co., Gaylord, for Renewable Operating Permit.
For details, see http://www.deq.state.mi.us/aqd
Exemptions from Permit to Install Requirement
- For concrete batch plants meeting certain requirements. The exemption expires Feb. 14, 2002. For details, see http://www.deq.state.mi.us/aqd
Pollution Control Agency
Proposed Regulations-Above/Underground Storage Tanks
- Proposed amendments to Chapters 7001, 7151, and 7150 regarding performance standards for above- and underground storage tanks, to clarify existing language and ensure consistency with federal standards. Comments must be submitted by May 10. No public hearing currently scheduled. For details, see http://www.pca.state.mn.us/publicnotice/pn041000.html
Permit Applications, Other Notices
- For an air permit for Boise Cascade Corp. Comment period ends May 19.
- For an air permit for Hill Wood Products, Mountain Iron. Comment period ends May 31.
- For construction and operation of a solid waste disposal facility. Comment period ends June 1.
- For reissued NPDES and SDS permit to City of St. Peter, wastewater treatment facility. Comment period ends June 2.
- For reissued NPDES and SDS permit to City of Albany, wastewater treatment facility. Comment period ends June 2.
- For reissued NPDES and SDS permit to City of Gilbert, wastewater treatment facility. Comment period ends May 15.
- For reissued NPDES and SDS permit for City of Delano, wastewater treatment facility. Comment period ends May 8.
- For air permit for Central Minnesota Ethanol Co-op, Little Falls. Comment period ends May 16.
- Revised Guidance Documents for UST and above ground storage tank release cleanup available.
For details, see http://data.pca.state.mn.us/cgi-bin/whatsnew.pl
Air Conservation Commission
Amendments to 10 CSR 10-5.390, Control of Emissions from Manufacture of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products, were approved by the Commission at its April 27 meeting.
New rule 10 CSR 10-6.400, Restriction of Emission of Particulate Matter From Industrial Processes, which consolidates previous rules, was approved by the Commission at its April 27 meeting.
Proposed 10 CSR 10-6.350 will use an emission trading program to seek to reduce NOx emissions in the St. Louis ozone nonattainment area. The public hearing was April 27.
Proposed 10 CSR 10-5.451, regarding Control of Emissions from Aluminum Foil Roiling, will relax material specification requirements and update test procedures. The public hearing was April 27.
Dept. of Natural Resources
Water Pollution Control-Permit Applications
Current list available at http://www.dnr.state.mo.us/deq/wpcp/wpcpermits-pn-042800.htm
Dept. of Envtl. Quality
TMDLs-Section 303(d) Impaired Waterbodies List
A total of 17 meetings have been scheduled through May 18 to receive public comment on the draft 303(d) report. Comments are due June 19. The data report and waterbody data listings are available at http://nris.state.mt.us/wis/environet
Dept. of Envtl. Quality
Proposed Regulations-Water Quality
Proposed amendments will establish Title 117 ammonia criteria in accordance with U.S. EPA criteria guidance. Will be brought before the Environmental Quality Council on June 1. For details, see http://www.deq.state.ne.us/Proposed.nsf/Pages/Title117a
Waste Reduction/Recycling Incentive Grants Program
Proposed changes incorporate recent statutory changes. Will be brought before the Environmental Quality Council on June 1. For details, see http://www.deq.state.ne.us/Proposed.nsf/Title+199
Dept. of Envtl. Protection
Current DEP Bulletin (Permit Applications; Proposed Regulations)
Latest issue at http://www.state.nj.us/dep/bulletin/index.html
Greenhouse Gas Emissions
New DEP program to address greenhouse gas emissions, including Silver and Gold Track Programs for Environmental Excellence, detailed at http://www.state.nj.us/dep/newsrel/releases/00_0030.htm
Dept. of Envtl. Conservation
Environmental Notice Bulletin (Permit Applications)
- Latest issue available at http://www.dec.state.ny.us/website/enb/index.html
Environmental Justice Advisory Group
- Has scheduled public meetings for June 1 (Buffalo), June 27 (New York City), and July 12 (Albany) to seek input on environmental justice issues. See http://www.dec.state.ny.us/website/ej/index.html
Proposed Forest Mangement Unit
- "Treaty Line" unit plan, addressing state forests located in Broome, Chenango and Delaware counties, available for comment through June 2.
Draft Guidance Document
- "Assessing and Mitigating Noise Impacts" draft policy memorandum, available for comment through May 12. See http://www.dec.state.ny.us/website/dcs/noise.htm
Office of Attorney General
New Report on Waste Recycling
- "Are We Throwing It All Away" report, issued May 1, available at http://www.oag.state.ny.us
Dept. of Envt. and Natural Resources
Division of Air Quality Penalty Assessments
- Listed at http://daq.state.nc.us/Penalty/
DENR Enforcement Data
- Available at http://www.enr.state.nc.us/novs/index.htm
Million Acres Open Space Initiative
- New program announced by Gov. Hunt April 27; details at http://www.enr.state.nc.us/newsrel/boggs2.htm
Division of Air Quality-Permit Applications
- Midstate Contractors, Inc., for construction and operation of an asphalt plant in Caldwell County. Public hearing May 11. See http://daq.state.nc.us/Offices/Permits/2000notices/midstate_400.html
- Thomasville Furniture Industries, Inc., Thomasville, for Title V Operating Permit. U.S.EPA review period ends May 29. See http://daq.state.nc.us/Offices/Permits/2000notices/thomas_400.html
- BFI Waste Systems of North America, Inc., Cabarrus County, for Title V Operating Permit. U.S. EPA review period ends May 15. See http://daq.state.nc.us/Offices/Permits/2000notices/bficms_300.html
- Bassett Furniture, Surry County, for Title V Operating Permit. U.S. EPA review period ends May 18. See http://daq.state.nc.us/Offices/Permits/2000notices/bassett_300.html
- Southern Furniture Manuf. Co. of Conover, Inc., Catawba County, for Title V Operating Permit. See http://daq.state.nc.us/Offices/Permits/2000notices/south_furn.html
- Rhodes Brothers Paving, Macon County, for construction and operation of an asphalt plant. Public hearing May 30. See http://daq.state.nc.us/Offices/Permits/2000notices/rhodespav_400.html
- Cumberland County Ann Street Landfill, Fayetteville, for Title V Operating Permit. U.S. EPA review period ends June 17; comments due June 2. See http://daq.state.nc.us/Offices/Permits/2000notices/annstreet_400.html
Wetlands-401(f)(1) Exemptions; Ditch-Digging
- Subject of proposed rule to deem certain activities compliant with wetland standards. Proposal is intended to create a two-week advance notice requirement for ditch digging activity in wetlands. Hearings scheduled for May 25 (Raleigh), May 30 (Wilmington), and June 1 (New Bern). Written comments due June 8.
Wood Chip Mills-Advisory Report
- Advisory report on the environmental impacts of wood chip mills on water quality submitted April 19. DENR is accepting comments on the draft report. The report is available at http://www.cfr.ncsu.edu/for/chipmill/chip.htm
Dept. of Envtl. Quality
Draft Source Water Assessment and Protection Program Document
- Available for review and comment. See http://www.deq.state.ok.us/Water1/new/index.html
Dept. of Envtl. Quality
- Proposed revisions to On-Site Program Rules subject of May 15 hearing.
- Proposed changes to Hazardous Waste Program rules subject of May 15 hearing.
For further information, see http://www.deq.state.or.us/od/pp/calndar.htm
Dept. of Agriculture
Pesticide Use Reporting System; Report
- Report conducted pursuant to H.B. 3602a (1999) regarding pesticide use reporting program available at http://www.oda.state.or.us/pesticide/info.html
Dept. of Envtl. Protection
New Organization Chart
Proposed General NPDES Permit Revision
- Regarding wet weather discharges from combined sewer systems. See http://www.pabulletin.com/secure/data/vol30/30-14/572.html The proposal is available for review at http://www.dep.state.pa.us/dep/deputate/watermgt/Wqp/Forms/Forms_Home.htm
Proposed Envtl. Quality Board Policy for Processing Petitions
- Regarding petitions for redesignation of streams under Chapter 93 (water quality standards) and the Clean Streams Law (35 P.S. §§691.1-691.1001).
Safe Fill Policy
- Draft available for comment through May 10. See http://www.dep.state.pa.us direct link "Safe Fill Policy."
Draft Technical Guidance Documents
- Regarding Agricultural Utilization of Sewage Sludge. Comments were due March 25; effective date April 13. For details, see http://www.pabulletin.com/secure/data/vol30/30-9/346.html
- Regarding Surveillance Strategy and Implementation Guidelines. Comment period ended May 1; effective date June 1. For details, see http://www.pabulletin.com/secure/data/vol30/30-14/570.html
Final Technical Guidance
- Regarding Field Application of Manure. Effective date was April 1. See http://www.pabulletin.com/secure/data/vol30/30-14/570.html
Dept. of Health and Envtl. Control
Permit Application Notices
Dept. of Environment and Conservation
Proposed Regulations-Copy Fees
- Proposed regulations address fees for copies of Departmental public records. Public hearing on May 18. Details at http://www.state.tn.us/environment/news/ppo/copyfee.htm
- Flowers Snacks of Tn., Inc., Crossville, for a major source Title V operating permit. See http://www.state.tn.us/environment/apc/apcppo/flower_snks.htm
- Eastman Chemical Company, for the vertical expansion of an existing special waste landfill. See http://www.state.tn.us/environment/swm/swmppo/pactolus.htm
- RB Finishing, for concentrated animal feeding operation in Gibson County. See http://www.state.tn.us/environment/wpc/wpcppo/74900.htm
- Alan's Industrial Waste Services, Inc., for proposed Class I landfill near Ridgely. Comments due June 16. See http://www.state.tn.us/environmental/swm/swmppo/alanind.htm
- Eastman Chemical Company, for six major source operating permits. See http://www.state.tn.us/environment/apc/apcppo/eastman.htm
- Wilson Sporting Goods, Inc., Humbolt, for a major source Title V operating permit. See http://www.state.tn.us/environment/apc/apcppo/wilsonsport.htm
Natural Resource Conservation Commission
- Rule prohibiting use of MTBE gasoline additive in 95 counties in eastern part of the state adopted April 5.
- Revisions to Chapter 328, dealing with Recycled Products, effective March 19. Rule amendments incorporate SB 1127. See http://www.tnrcc.state.tx.us/oprd/whatsnew.html
- Revisions to Chapter 12, Interest on Delinquent Taxes, effective March 30. Rule amendments incorporate SB 1321. See http://www.tnrcc.state.tx.us/oprd/whatsnew.html
- Quadrennial Review of Chapter 294; no public hearing scheduled. Comments due May 8. See http://www.tnrcc.state.tx.us/oprd/rules/propadop.html
- Rulemaking to revise 30 TAC Chapter 35, Subchapter M, to implement SB 873 by capping fees for aquaculture at $5,000 annually. No public hearing scheduled. Comments due May 8. See http://www.tnrcc.state.tx.us/oprd/rules/propadop.html
- Phase II of SB 766 implementation rulemaking, which will add language to Chapter 116, Subchapter B; add permit by rule language to Chapter 106; create a new Subchapter H for multiple plant permits (MPPs); add grandfathered emission fee language to Chapter 101; and revise public participation language in Chapter 116 to reflect MPPs and HB 801. Comments due May 8. See http://www.tnrcc.state.tx.us/oprd/rules/propadop.html
- Proposed revisions to 30 TAC Chapter 293 regarding administration of water districts. Public hearing May 18; comments due May 22. See http://www.tnrcc.state.tx.us/oprd/hearings/99044293.html
- Proposed revisions to 30 TAC Chapters 101, 106, and 116 and to the State Implementation Plan, regarding removal of an emission fee cap on unpermitted facilities and creation of a new "de minimis" category for new sources. Comments due May 8. See http://www.tnrcc.state.tx.us/oprd/hearings/99029116.html
- Preproposal draft of revisions to Surface Water Quality Standards available at http://ww.tnrcc.state.tx.us/oprd/index.html
- Proposed new 30 TAC Section 80.128, Specific Admissibility of Evidence for Concrete Batch Plants, which will implement SB 1298, 1999 Legislature. Public hearing May 16; comments due May 22. See http://www.tnrcc.state.tx.us/oprd/hearings/9906016.html
- Proposed new 30 TAC Chapter 11, Subchapter D, Resolution of Certain Contract Claims Against the Texas Natural Resource Conservation Commission; implements HB 826, 1999 Legislature. Public hearing June 1; comments due June 5. See http://www.tnrcc.state.tx.us/oprd/hearings/99081011.html
- Proposed revisions to 30 TAC Chapter 290, Public Drinking Water; implements U.S. EPA standards. Public hearing May 12; comments due May 22. See http://www.tnrcc.state.tx.us/oprd/hearings/99015290.html
- Upcoming hearings listed at http://www.tnrcc.state.tx.us/comm/opa/opacal/index.html
Dept. of Envtl. Quality
River Quality Task Force
- Created to address issues related to the Roanoke and Dan Rivers. See http://www.deq.state.va.us/news/releases/955631958.html
New Environmental Excellence Program
- Voluntary program will offer recognition and incentives for and toward the adoption of EMS and pollution prevention efforts. Environmental permit conditions will not be affected. For details, see http://www.deq.state.va.us/news/releases/954965419.html
Proposed General Permit
- The State Water Control Board has proposed a general permit for poultry waste management, in accordance with Section 62.1-44.17:1.1, as amended in 1999. Public hearings are scheduled for May 30; June 1; June 5, and June 8 in various locations. Written comments are due by June 23. See http://www.deq.state.va.us/notice/pn/956759081.html
- For fecal coliform in Christians Creek, Augusta County. Comment period ends May 24. See http://www.deq.state.va.us/index.html
- For five segments of the "Otters" in Bedford and Campbell counties. Public meeting May 23; comment period ends June 5. See http://www.deq.state.va.us/notice/pn956762391.html
- Kinloch Golf Club, Manassas, for filling of certain wetlands areas and mitigation. See http://www.deq.state.va.us/notice/pn/957205063.html
- Virginia Power Co., Fauquier County, for a Phase II Acid Rain Operating Permit. See http://www.deq.state.va.us/notice/pn/957270753.html
- Johns Manville International, Edinburg, for a Title V Operating Permit. See http://www.deq.state.va.us/notice/pn/957185017.html
- Intermet Corp., Radford, for a state-only operating permit to facilitate replacement of damaged equipment. See http://www.deq.state.va.us/notice/pn/956762008.html
Dept. of Ecology
- Amendments to Chapter 173-425, Outdoor Burning. See http://aww.irs.ecology/leg/activity/wac173425.html
- Revisions and possible consolidation of WAC 317-10 and 173-181, Vessel and Facility Oil Spill Contingency Plan Standards and Primary Response Contractor Standards. See http://www.wa.gov/ecology/leg/SWFAopenhouse.htm
- Possible revisions to Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling. See http://www.wa.gov/ecology/leg/SWFAopenhouse.htm
Corps of Engineers Nationwide Permits
- Ecology and U.S. EPA Region 10 have issued a joint notice proposing conditions to include with Corps of Engineers new and revised Nationwide Permits. Public comments are due May 26; public hearing on May 17. See http://www.wa.gov/ecology/sea/pac/pac-1.html
TMDLs-Impaired Waterbody List
- Ecology is seeking comment through May 19 on a proposed cleanup priority list. See http://www.wa.gov/ecology/wq/links/watershed.html and http://www.wa.gov/ecology/pie/2000news/2000-069.html
Dept. of Envtl. Protection
Public Notice Bulletin (Permit Applications, Proposed Regulations)
- Latest issue available at http://www.dep.state.wv.us/publications.html
Dept. of Natural Resources
Public Hearing and Meeting Schedule