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Weekly Update Volume 30, Issue 26

09/18/2000

LITIGATION

 red bar graphic  CERCLA, REMEDIAL ACTION, "DISPOSAL":

The Ninth Circuit reversed a district court decision dismissing on summary judgment a property owner's CERCLA claim against prior owners and operators of the property, as well as certain governmental entities, to recover the cost of cleaning up contamination on the property. The district court erroneously concluded that there was insufficient evidence of an environmental threat and that the response costs were unnecessary. That the owner discovered the contamination and acted to remedy it as part of an effort to secure financing is immaterial so long as there is evidence that the contamination presented a palpable threat to human health or the environment. Moreover, the absence of agency directives is not fatal to a cost recovery suit. Further, there are genuine issues as to whether the agency ordered the excavation of the contaminated material and whether the identified contamination posed a legitimate threat. In addition, the district court incorrectly held that certain prior owners were not PRPs because there was no evidence of disposal during their ownership. "Disposal" includes passive migration. Consequently, the property owner may go forward with its CERCLA claim and its claim for indemnity under a purchase agreement. The property owner's state-law claims against the government defendants, however, were properly dismissed. Carson Harbor Village, Ltd. v. Unocal Corp., No. 98-55213 (9th Cir. Sept. 14, 2000) (21 pp.).

red bar graphic  CERCLA, EXPERT TESTIMONY, NCP:

The Seventh Circuit upheld a lower court decision finding the neighbor of a food manufacturing facility 100% liable under CERCLA for contaminating the facility's property. Because there was no genuine issue that the neighbor was responsible for at least some of the hazardous wastes on the facility's property, the lower court properly granted partial summary judgment to the facility on the issue of liability. Further, at trial, the court did not abuse its discretion in excluding the neighbor's expert from testifying on the results of certain work done to the site because the neighbor failed to file its supplemental expert report in a timely manner. Moreover, the techniques and methods on which the facility's expert based his opinion were sufficiently reliable. In addition, after trial, the court did not clearly err in finding that the neighbor was in fact 100% responsible for the hazardous wastes on the facility's property and that the facility complied with the NCP in remediating its property. Last, because the neighbor failed to oppose at summary judgment the facility's evidence of its cleanup costs, the neighbor waived this issue and the consequent issue of the amount of damages. NutraSweet Co. v. X-L Engineering Co., No. 99-3863 (7th Cir. Sept. 8, 2000) (19 pp.).

red bar graphic  CONSTITUTIONAL LAW, REGULATORY TAKINGS, RENT CONTROL:

The Ninth Circuit vacated a district court decision granting summary judgment in favor of an oil company arguing that a Hawaii statute proscribing the maximum rent that oil companies can collect from dealers who lease company-owned service stations is an unconstitutional regulatory taking. Although the district court correctly concluded that it must determine whether the statute substantially advances a legitimate state interest, genuine issues of material fact exist as to whether the statute will benefit consumers. The record contains conflicting evidence as to whether incumbent dealers will capture a premium based on the increased value of their leaseholds due to the imposition of a maximum permissible regulated rent, thereby depriving new dealers and consumers from reaping the benefits of the statute. Questions also remain as to whether oil companies will raise the wholesale price of fuel and thereby unilaterally offset the benefits of the statute. Because the resolution of these issues is necessary to determine whether the statute substantially advances, or bears a reasonable relationship to, the state's interest in lowering gasoline prices, the district court erred in granting summary judgment. Chevron USA, Inc. v. Cayetano, No. 99-15108 (9th Cir. Sept. 13, 2000) (23 pp.).

red bar graphic  ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA), SUBSISTENCE USES:

The Ninth Circuit affirmed in part and reversed in part the Federal Subsistence Board's decision to impose an antler restriction on subsistence uses of moose in game management unit (GMU) 15 on the Kenai Peninsula, Alaska. The board's reading of the term "priority" within the meaning of ANILCA §3114 as allowing it to balance the competing aims of subsistence use, conservation, and recreation, while at the same time providing subsistence hunters with a meaningful use preference, is reasonable. Moreover, the board considered the relevant factors in concluding that the restrictions are necessary to protect the continued viability of the bull moose population in GMU 15. Further, the board was not arbitrary or capricious in concluding that the advance harvest season reserved for subsistence hunters in two sections of GMU 15 qualifies as a meaningful preference under ANILCA. However, the board failed to provide any support for its conclusion that the two days reserved for subsistence hunters in the third section of GMU 15 qualified as a priority. This issue, therefore, was remanded. Ninilchick Traditional Council v. United States, No. 99-35017 (9th Cir. Sept. 14, 2000) (10 pp.).

red bar graphic  OIL AND GAS LEASES, ROYALTIES, TRANSPORTATION COSTS:

The Tenth Circuit affirmed in part and reversed in part various rulings made by a district court resolving the claims and counterclaims of a lessee and three lessors of several oil and gas leases in Huerfano County, Colorado. The district court erroneously concluded that one of the leases unambiguously permits the lessee to deduct transportation expenses from royalty payments. It also erred in determining that the phrase "cost of transporting" in a second lease unambiguously excludes "interest during construction" (IDC) and "cost of capital" (COC) costs. On remand, the district court must determine what extrinsic evidence, if any, is relevant and admissible for the purpose of clarifying these issues. Similarly, the district court erred in ruling that IDC and COC costs do not constitute transportation costs under a lease that was silent as to transportation costs. If, on remand, the court or jury determines that the lessee may deduct transportation costs, the IDC and COC costs should be included in the calculation. In addition, the lessee, which shared ownership of a gas pipeline with another company, may not deduct depreciation expenses based on that other company's capital expenditures. The court must determine the amount the lessee actually contributed toward the pipeline. Similarly, while the lessee may use a weighted average price to calculate royalties, it cannot base the weighted average price on the value of that other company's gas. The court also erred in ruling that the lessors' breach of fiduciary duty counterclaims were insufficient as a matter of law and erred in holding certain counterclaims time-barred under a state statute. All other rulings were affirmed. Atlantic Richfield Co. v. Farm Credit Bank of Wichita, Nos. 99-1147 et al. (10th Cir. Sept. 13, 2000) (44 pp.).

red bar graphic  WILD AND SCENIC RIVERS ACT (WSRA), NEPA, NATIONAL RECREATION AREA (NRA):

The Ninth Circuit upheld a U.S. Forest Service recreation management plan that provided for a three-day window every other week during which motorized water craft would be barred from part of the wild section of the Snake River in the Hells Canyon NRA. The Forest Service did not act arbitrarily or capriciously in determining that its restrictions were compatible with the WSRA’s conservation objections. Moreover, the plan complies with management directives in the area’s land resource management plan. In addition, the Forest Service included a reasonable range of alternatives in the final EIS (FEIS), and its analysis of the window and the methodology it used in the FEIS were adequate. Hells Canyon Alliance v. United States Forest Service, No. 99-35675 (9th Cir. Sept. 14, 2000) (19 pp.).

red bar graphic  CIVIL PROCEDURE, MOTION TO INTERVENE, TIMELINESS:

The Sixth Circuit held that a district court properly denied environmental groups' and an individual's motion to intervene in private landowners' lawsuit against the U.S. Forest Service challenging its authority to regulate the Sylvania Wilderness Area in upper Michigan. The intervening parties' motion was untimely. The litigation was seven months old when the parties moved to intervene, and they presented no persuasive excuse for their seven month delay. In addition, given their involvement in earlier, related litigation, the parties should have been aware of the landowners' present challenge shortly after it was filed. Further, the parties' concerns, as amici curiae, have been presented to the district court, and they likely will be permitted to continue their participation as amici curiae in related appeals. Last, allowing intervention would cause delay and undue prejudice to the private landowners. The district court, therefore, did not abuse its discretion in denying the motion to intervene. Stupak-Thrall v. Glickman, No. 99-1353 (6th Cir. Sept. 1, 2000) (17 pp.).

red bar graphic  VICARIOUS LIABILITY, PUNITIVE DAMAGES:

The Tenth Circuit upheld a jury verdict awarding punitive damages to three individuals who suffered injuries after the employee of a pest control company sprayed toxic pesticides in the individuals' workplace while they were working. Under New Mexico law, punitive damages may be imposed on an employer for the misconduct of its employee if the employer contributed to the employee's misconduct. Here, there was sufficient evidence from which a jury could conclude that the company authorized, participated in, and ratified the employee's misconduct. In addition, the punitive damages were not excessive as a matter of law. Given the company's reckless disregard for the individuals' health and safety, the award cannot be dismissed for lack of reprehensibility. Moreover, the 12 to 1 ratio between the punitive and compensatory damages is justified. And compared to the criminal penalties that could be imposed for comparable conduct, the award does not suffer from constitutional impropriety. Bielicki v. Terminix International Co., No. 98-2349 (10th Cir. Sept. 6, 2000) (14 pp.).

red bar graphic  ATTORNEYS FEES, LODESTAR CALCULATION:  

A district court held that a sanitation company that successfully challenged a city's waste hauler ordinance under the dormant Commerce Clause should be awarded $29,720.20 in attorney fees and expenses. The company sought $45,285.75 in attorneys fees and $2,091.41 in expenses. Although the company argued that $150 per hour was the appropriate market rate, $125 per hour for an experienced lead counsel in a non-jury case raising constitutional claims is the appropriate rate to use in calculating the lodestar. Further, computerized legal research expenses are not compensable, and the company's request to be reimbursed for certain telephone calls was denied for lack of specificity. In addition, because the Eighth Circuit Court of Appeals determines and awards attorney fees for services on appeal, the company's request for attorney fees and expenses incurred on appeal was denied. U&I Sanitation v. City of Columbia, No. 4:97CV3334 (D. Neb. Aug. 30, 2000) (Kopf, J.) (7 pp.).

Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved

THE FEDERAL AGENCIES
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Note: Citations below are to the Federal Register.

red bar graphic  AIR: 

  • EPA proposed a NESHAP for facilities that coat paper and other web substrates and are major sources of hazardous air pollutant emissions. 65 FR 55331 (9/13/00). 
  • EPA issued an advance notice of proposed rulemaking announcing its intention to propose amendments to remove aluminum foundries and aluminum die casting facilities from the Secondary Aluminum Production source category. 65 FR 55489 (9/14/00). 
  • EPA proposed to stay the applicability of the NESHAP for secondary aluminum production as applied to aluminum foundries and aluminum die casting facilities during the pendency of a separate rulemaking to adopt alternative maximum achievable control technology requirements for these sources. 65 FR 55491 (9/14/00). 
  • EPA modified the Agency's procedures for delegating hazardous air pollutant standards and other requirements to state, local, and territorial agencies, as well as Native American tribes.  65 FR 55809 (9/14/00).
  • EPA entered into a proposed settlement agreement under CAA §113(g) in American Foundrymen's Society v. EPA, No. 00-1208 (D.C. Cir. July 31, 2000) concerning NESHAPS for secondary aluminum production. 65 FR 55524 (9/14/00). 
  • EPA announced that its approved a notification of intent to certify Englehard Corporation’s ETX Plus rebuilt kit under the urban bus rebuild requirements. 65 FR 55959 (9/15/00). 
  • EPA announced that it will expand the certification of certain equipment to include compliance with the life cycle cost criteria of the urban bus rebuild requirements. 65 FR 55967 (9/15/00). 

red bar graphic  DRINKING WATER:

  • EPA proposed analytical methods for 14 contaminants on the list of contaminants with methods that were being refined under the unregulated contaminant monitoring regulation for public water systems, and proposed to require monitoring for those contaminants in drinking water.  65 FR 55361 (9/13/00). 

red bar graphic  HAZARDOUS AND SOLID WASTE:

  • EPA proposed to amend the regulations for hazardous waste management under RCRA by listing as hazardous three wastes generated from inorganic chemical manufacturing processes, proposed to list as hazardous various other process wastes, proposed to add the toxic constituents found in the wastes to the list of constituents that serve as the basis for classifying wastes as hazardous and to establish treatment standards for the wastes, and proposed to designate the wastes proposed for listing as hazardous substances subject to CERCLA and to adjust the one-pound statutory reportable quantities for some of these substances. 65 FR 55683 (9/14/00).
  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Hastings Ground Water Contamination site--FAR-MAR-CO subsite in and around Hastings, Neb. 65 FR 55526 (9/14/00).
  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with the Pullman/Liquid Dynamics site in Chicago, Ill. 65 FR 55526 (9/14/00).
  • EPA entered into a proposed administrative settlement agreement under CERCLA in connection with the Old City of York Landfill Superfund site in Springfield Township, Pa. 65 FR 54851 (9/11/00). 
  • EPA entered into a proposed settlement under CERLCA §122(h)(1) in connection with the Koppers (Florence Plant) Superfund site in Florence, S.C. 65 FR 55024 (9/12/00). 
  • EPA issued a rule to allow the implementation of a pilot project under the Project XL program that will provide site-specific regulatory flexibility under RCRA for the International Business Machines Corp. (IBM) semiconductor manufacturing facility in Essex Junction, Vt.  65 FR 54955 (9/12/00).

red bar graphic  NATURAL RESOURCES:

  • The Bonneville Power Administration announced that it will prepare a flooplain and wetlands assessment in connection with its proposal to rebuild its existing Shelton-Kitsap transmission line in Mason and Kitsap Counties, Wash. 65 FR 55951 (9/15/00).
  • FWS and the U.S. Forest Service announced emergency closures to protect fall chum salmon escapement in the Yukon River drainage and adjustments to allow the taking of coho salmon. 65 FR 55190 (9/13/00).

red bar graphic  SMCRA PROGRAM APPROVAL:

Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved  

IN THE STATES

red bar graphic ALABAMA

Dept. of Envtl. Management

Public Notices–Permit Applications 

Daily Ozone Forecast

Jefferson County Dept. of Health

Daily Air Quality Index

red bar graphic  ALASKA

Dept. of Envtl. Conservation

Cruise Ship Regulation

Motorized Oil Transport Task Force 

Proposed Regulations-Pesticides

Proposed Regulations-Air

red bar graphic ARIZONA

Dept. of Envtl. Quality

Water Quality-CWA 305(b) Report

Water Quality-Proposed Regulations

  • Proposal will implement the Water Quality Assurance Revolving Fund reform legislation of 1997, including revisions to remedy selection provisions. The rules include standards governing the conduct of preliminary investigations, site "scoring" for placement on the Registry, public information requirements, and the conduct of early response actions. Written comments due Oct. 18; public hearings Sept. 20 (Tucson) and 21 (Phoenix). See http://www.adeq.state.az.us/lead/oac/stat.html and www.sosaz.com/arr for more information. 

Proposed Regulations-Operator Certification

  • Public hearings scheduled for Sept. 19, 21, and 27; written comments due Oct. 4. 

Reopened Proposed Regulations-UST Release Reporting and Corrective Action

Air Quality-Proposed Gas Station General Permit

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements

red bar graphic ARKANSAS

Dept. of Envtl. Quality

Proposed Regulations-Brownfields

Proposed Regulations-Hazardous Waste

  • Proposed amendments to Regulation No. 23 would amend the definition of "facility" in Section 260.10 to include a facility owner as a responsible party with regard to the requirements of Section 264.101. Comments due Oct. 10; public hearing Sept. 26. See http://www.adeq.state.ar.us/regs/draft23.htm

Proposed Regulations-Solid Waste Management

  • Proposed amendments to Regulation No. 11 concern changes to fees for out-of-state transporters, funding of the illlegal dump eradication program, and the auditing of regional solid waste management boards. Comments due Oct. 2; public hearing Sept. 18. See http://www.adeq.state.ar.us/regs/draft11.htm

Proposed Regulations-Water Quality

  • Proposed amendments to Regulation No. 2 involve a potential change to a standard for sulfates in Holly Creek (Saline County). Comments due Oct. 10; public hearing Sept. 26. See http://www.adem.state.ar.us/regs/draft02.htm

Permit Applications

  • Beazer East, Inc./Koppers Industries, Inc., North Little Rock, five-year review of RCRA post-closure permit. Comments due Sept. 26. See http://www.adeq.state.ar.us

  • U.S. Army, Pine Bluff Arsenal, for modification of a hazardous waste permit. Comments due Sept. 20. See http://www.adeq.state.ar.us

red bar graphic CALIFORNIA

Air Resources Board

Diesel Risk Reduction Plan and Permitting Guidance-Stationary Diesel Engines

Proposed Regulations-Conflict of Interest Code

  • 45-day Notice of Public Hearing to Consider the Adoption of Amendments to Regulations Regarding the Conflict of Interest Code of the Air Resources Board. This document and the associated "formal" regulatory materials can be accessed at http://www.arb.ca.gov/regact/conflict/conflict.htm

Proposed Regulations-Air Toxics Hot Spots Fees

Proposed Regulations-VOC Emissions from Antiperspirants/Deodorants

Final "Smog Check" Report

Carpool Lane Use-Qualifying Vehicles

Lower-Emission School Buses

Conditional Rice Straw Burning Permit

Dept. of Toxic Substances Control

Proposed Regulations-Administrative Penalty Assessment

  • Proposed Article 3, Chapter 22, Div. 4.5 of Title 22, CCR, would make specific the statutory requirement in Health and Safety Code Section 25187(a)(4) by assessing administrative penalties based on criteria such as the nature and gravity of the violation, the violator's history and ability to pay the penalty, and the deterrent effect of the penalty on both the violator and the regulated community as a whole. Public workshops were Sept. 14 and 15. See http://www.dtsc.ca.gov/pdf2html.html and http://www.dtsc.ca.gov/whats_new.html

Draft Permit

  • For hazardous waste storage and treatment (by incineration, open burning and/or open detonation) at the U.S. Army Sierra Depot. Public hearings were Sept. 12 and 13. Comments due Oct. 11. See http://www.dtsc.ca.gov/ (click on "What's New"). 

Integrated Waste Management Board

Proposed Regulations-Enforcement and Compliance Procedures

Final Regulations-Farm and Ranch Cleanup

  • New regulations, effective July 29, provide for a grant process that allows qualifying parties to obtain funding for cleanup of solid waste illegally disposed of on farm and ranch properties. Details at http://www.ciwmb.ca.gov/Rulemaking/RgUpdate.htm

Emergency Regulations-Disposal of Nonhazardous Waste at Hazardous Waste Landfills

Water Resources Control Board

Water Rights Allocation Hearing

South Coast Air Quality Management District

Final Regulations-BACT/RECLAIM

  • Amendments, approved at a Sept. 15 public hearing, will separate BACT for RECLAIM and non-RECLAIM sources into LAER for federal major sources, and BACT for minor sources pursuant to state law. Previously, LAER was required for emission increases from all sources. See http://www.aqmd.gov/hb/000072a.html

Final Regulations-Fuel Sulfur Content

  • Approved amendments will establish an immediate sulfur content for ultra low sulfur diesel fuel and, after Jan. 1, 2004, will prohibit the purchase, sale, or burning of diesel fuel that exceeds the sulfur standard. See http://www.aqmd.gov/hb/00072a.html

Final Regulations-Boilers, Steam Generators, and Process Heaters

Office of Environmental Health Hazard Assessment

Proposed Prop. 65 Listings

  • Comments on the proposed listing of AZT, anthraquinone, and fumonisin B1 were due Sept. 15. OEHHA recently listed o-phenylphenol. See http://www.oehha.ca.gov

red bar graphic COLORADO

Air Quality Control Commission

Proposed Regulations

  • Proposed revisions to Regulation No. 3, Part A, regarding regulation of open burning on federal lands. Public hearing Nov. 17; petition for party status must be filed by Sept. 27. See http://www.cdphe.state.co.us/op/SB-145_8-00.html
  • Proposed revisions to Regulation No. 11, regarding motor vehicle emissions, to modify the time period allowed for making valid readings of vehicle emissions through the use of remote sensing equipment. Public hearing Nov. 16; petition for party status must be filed by Sept. 27. See http://www.cdpdhe.state.co.us/op/Reg11_8-00.html
  • Proposed revisions to Regulation No. 5, Part B, regarding emissions trading and banking, to provide verification of emission reduction credits, establish a baseline year, condition the regulation upon annual appropriations, and incorporate pollution prevention criteria. Public hearing Nov. 16; petition for party status must be filed by Sept. 27. See http://www.cdphe.state.co.us/op/Reg5_8-00.html

Water Quality Control Commission

Proposed Regulations

red bar graphic  CONNECTICUT

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

red bar graphic DELAWARE

Dept. of Nat. Resources and Envtl. Control

Regulatory Update

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red bar graphic FLORIDA

Dept. of Envtl. Protection

SOP Proposed Revision

Drinking Water Operator Certification

Proposed Regulations-NPDES Program; Stormwater

  • Proposed regulations would allow completion of NPDES delegation by incorporating standards governing stormwater and federal facilities. The proposed rule includes fees for implementing the NPDES stormwater program. 

red bar graphic GEORGIA

Dept. of Natural Resources

Proposed Regulations-Hazardous Waste

  • Proposed revisions will incorporate changes in U.S. EPA regulations. Public hearing was held Aug. 25. Will be taken up at Oct. 25 meeting of Board of Natural Resources. See http://www.ganet.org/dnr/environ

Air Permit Applications

NPDES Permit Applications

red bar graphic IDAHO

Dept. of Envtl. Quality

Proposed Rule-Air Quality

Outstanding Resource Waters-Petitions

Risk Based Corrective Action

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red bar graphic ILLINOIS

Pollution Control Board

Inquiry Hearings-Peak Load Electric Generating Facilities

  • A series of public hearings have been noticed regarding recent increase in the number of natural gas-fired peak load electric generating facilities (also known as "peaker plants"). The hearings were requested by Governor Ryan's office and will be held on Sept. 21 and Oct. 5-6 at several locations. For further information, including copies of prefiled testimony, see http://www.ipcb.state.il.us/news/news.htm and http://www.ipcb.state.il.us/rules/proposal.htm

Envtl. Protection Agency

Permit Applications

Strategic Planning Process

Clean Lakes Program Grants Available

  • Approximately $750,000 available for distribution. Amy Walkenbach at IEPA is the contact ((217)782-3362). 

red bar graphic INDIANA

Dept. of Envtl. Management

Final Regulations-Solid Waste

  • Adds 329 IAC 4.1 to incorporate by reference the most recent version of the federal regulations at 40 CFR 761, revised as of  July 1, 1999, for management of wastes containing polychlorinated biphenyls (PCBs) or terphenyls. Adds location restrictions, public notice and public participation requirements, and notice of activity requirements for incinerators and high efficiency boilers, chemical waste landfills, and alternative disposal facilities. Adds requirements for mobile facilities that dispose of PCBs. Adds requirements for waste streams containing or contaminated with PCBs that may be disposed of in a municipal solid waste landfill or a nonmunicipal solid waste landfill. Repeals 329 IAC 4.

Proposed Regulations-Air

  • Amends 326 IAC 21-1-1 concerning the acid deposition control.
  • Draft rule language for a new rule concerning national emissions standards for hazardous air pollutants for shipbuilding and ship repair operations. 
  • Draft rule language for new rules concerning the incorporation of NESHAP for off-site waste and recovery operations, pulp and paper production (noncombustion), phosphoric acid manufacturing and phosphate fertilizers production, generic MACT, pesticide active ingredient, mineral wool production, and wool fiberglass manufacturing.
  • Draft rule language to incorporate by reference 40 CFR 63, Subpart HH, which applies to oil and natural gas production facilities, Subpart HHH, which applies to natural gas transmission and storage facilities, and Subpart VVV, which applies to POTWs.

Proposed Regulations-Waste

  • Oct. 17 public hearing regarding proposed amendments to 329 IAC 3.1, 329 IAC 12, and 329 IAC 13 regarding rules for secondary containment for used oil containers and underground tanks. The proposal also amends 329 IAC 3.1 to require two paper copies and an electronic copy of groundwater laboratory analytical data and field parameters and revises 329 IAC 127-7-6 to allow flexibility in the timing of training courses for solid waste facility operators. See http://www.state.in.us/legislative/register/August-1-2000.html
  • Amendments to rules at 329 IAC 7 concerning the Indiana Scoring Model and the assessment of hazardous substance response sites. This rule will reconsider the maximum score to allow sites to be deleted from the Commissioner's Bulletin. This rule will also consider
    appropriate criteria for the deletion of sites from the Commissioner's Bulletin as an alternative to using the maximum score for deleting a site. 
  • IDEM has developed draft rule language for amendments to rules concerning the hazardous waste management permit program and related hazardous waste management and has scheduled a public hearing/meeting before the solid waste management board for consideration of preliminary adoption of these rules. The amendments adopted by these rules are amendments to the federal hazardous waste regulations that are incorporated by reference in the Indiana hazardous waste management rules at 329 IAC 3.1.
  • Amendments concerning substantive changes to the rules for municipal solid waste landfills at 329 IAC 10. This rulemaking will provide clarification and consistency to these rules. The rulemaking also may add, modify, or delete requirements.

These notices, except as specifically noted, may be viewed at http://www.state.in.us/legislative/register/September-1-2000.html

red bar graphic KENTUCKY

Dept. for Envtl. Protection, Division of Water

Proposed Regulations-Air Quality

Permit Applications

Draft Groundwater Protection Plan

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red bar graphic LOUISIANA

Dept. of Envtl. Quality

Permit Applications

Proposed Regulations-Hazardous Waste

Proposed Regulations-Water Quality

Proposed Regulations-Solid Waste

  • Proposed amendments would simplify standards for waste tire generators, transporters, and recyclers, and implement a statutory fee for off-road tires and tires weighing more than 100 pounds. Public hearing Sept. 25; written comments due Oct. 2. See http://www.deq.state.la.us/planning/regs.index.htm

Proposed Regulations-General 

Proposed Regulations-Air Quality

red bar graphic MAINE

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

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red bar graphic MARYLAND

Dept. of the Environment

Proposed Regulations-Soil Erosion/Sediment Control

Public Meetings/Hearings

Water Quality Standard-Triennial Review

red bar graphic MASSACHUSETTS

Dept. of Envtl. Protection

Enforcement Actions

red bar graphic  MICHIGAN

Dept. of Envtl. Quality

Brownfield Law Workshops

  • Workshops scheduled for Sept. 19 and 21 to discuss recent statutory changes to brownfield legislation (2000 Public Acts 143, 144, and 145, enacted June 6). The statutory revisions expand the eligible activities for property tax reimbursement to include infrastructure improvements, structure demolition, lead or asbestos abatement, site preparation, and relocation of public buildings and operations. The legislation also expands eligible property for tax reimbursement and Single Business Tax credit to include blighted or functionally obsolete property. See http://www.deq.state.mi.us/pr/000809B.htm

Management Team Public Meeting

Permit Applications-Air

 Air Quality Division Newsletter

Surface Water Quality Division Bulletin

Surface Water Quality Division-Draft Regulations

red bar graphic MINNESOTA

Pollution Control Agency

Final Regulations

Permit Applications, Other Notices

red bar graphic  MISSOURI

Dept. of Natural Resources

Water Pollution Control-Permit Applications

red bar graphic NEW HAMPSHIRE

Proposed Regulations-Wetlands

red bar graphic NEW JERSEY

Dept. of Envtl. Protection

Draft Watershed Management Rules

Current DEP Bulletin (Permit Applications; Proposed Regulations)

red bar graphic NEW YORK

Dept. of Envtl. Conservation

Comparative Risk Project

Environmental Notice Bulletin (Permit Applications)

Permit Applications

Office of the Attorney General

  • Report, "The Secret Ingredients in Pesticides: Reducing the Risk," issued Aug. 23. The report calls on the U.S. EPA to strengthen its pesticide labeling requirements. See http://www.oag.state.ny.us

red bar graphic  NORTH CAROLINA

Dept. of Envt. and Natural Resources

Permit Revocation

Division of Air Quality-Proposed Regulations

Chip Mill Study

  • The report "Economic and Ecologic Impacts Associated with Wood Chip Production in North Carolina," drafted by consultants at North Carolina State University and Duke University, is available at http://taxodium.env.duke.edu/scsf

Smithfield Foods, Inc. Agreement-Hog Lagoons

  • Details of the agreement reached through the Office of Attorney General, which DENR hopes will facilitate the phasing-out of open-air hog lagoons and sprayfields, is available at http://www.jus.state.nc.us/in/press/072500.htm Smithfield and its subsidiaries, the largest operators of hog producing operations in the state, will pay $15 million to North Carolina State University for the development of new technologies and $50 million toward environmental improvements at operations and compliance monitoring. Violations of the agreement will be enforceable. Separately, DENR announced that it was buying out 14 hog farming operations, using funds from the Clean Water Management Fund. See http://www.enr.state.nc.us/files/hogs/hogplan.htm

Proposed Regulations-Groundwater

  • Proposed amendments to well construction and abandonment requirements will clarify minimum separation distances between single family and non-public water systems and potential sources of groundwater contamination, and strengthen standards governing well casings, grouting, and well development. Hearings are scheduled for Sept. 18 and 21. Written comments are due Oct. 2. See http://www.enr.state.nc.us/newsrels/massen7.htm

Division of Air Quality Penalty Assessments

DENR Enforcement Data

Water Quality-Basinwide Assessment Reports

State Personnel Commission

Final Regulations

red bar graphic OHIO

Envtl. Protection Agency

OPEA Actions, Notices by County

Pending Air Permits

red bar graphic OKLAHOMA

Dept. of Envtl. Quality

Draft Source Water Assessment and Protection Program Document

red bar graphic OREGON

Dept. of Envtl. Quality

Water Quality Permit Applications

Proposed Regulations

Public Notices-Cleanup Remedies

Dept. of Agriculture

Pesticide Production and Distribution

  • A group of pesticide products (including Aldrin, Chlordane, and Mirex) has, pursuant to an emergency rule, been precluded from use (including quantities in existing stocks). Collection and disposal information will be made available. The rule became effective Aug. 23. See http://www.oda.state.or.us/Information/news/PBT.html

red bar graphic PENNSYLVANIA

Dept. of Envtl. Protection

"Growing Smarter" Initiative-Proposed Procedures

  • Comments are sought through Oct. 2 on procedures DEP will use to implement the "Growing Smarter" initiative. See http://www.dep.state.pa.us (direct link "land use reviews"). 

Livestock and Poultry Operations-Best Management Procedures

  • Public meetings through Oct. 13 on the recently issued manual and other information regarding Senate Resolution 91 of 1997. See http://www.dep.state.pa.us

Proposed Regulations-Safe Drinking Water

  • Proposed amendments to Chapter 109 to add maximum residual disinfectant levels and monitoring requirements for free chloride, combined chlorine, and chlorine dioxide. Maximum contaminant levels and monitoring requirements will be established for five haloacetic acids, chlorite, and bromate. Comments to the Environmental Quality Board are due Oct. 2. See http://www.pabulletin.com/secure/date/vol30/30-36/1503.html
  • Proposed amendments to Chapter 109 to establish new requirements for filtration systems that serve populations of at least 10,000. Comments are due Oct. 2. See http://www.pabulletin.com/secure/data/vol30/30-36/1504.html

Proposed Regulations-Air Quality

Proposed Regulations-Land Recycling Program

Proposed Regulations-Storage Tank Spill Prevention

Final General NPDES Permit-CAFO Operations

Final Regulations-Air

Proposed General NPDES Permit Revision

NPDES Permit Applications

red bar graphic SOUTH CAROLINA

Dept. of Health and Envtl. Control

Permit Application Notices

red bar graphic  TENNESSEE

Dept. of Environment and Conservation

Grant Availability-Recycling Marketing

red bar graphic  TEXAS

Natural Resource Conservation Commission

Texas 2000 Air Study

Global Warming Measures

  • Directives and measures adopted by the Commission (including a requirement that the Executive Director issue a report by Dec. 1, 2001, compile information on actual greenhouse gas emissions, survey other states, create a registry for greenhouse gas reductions, and estimate the extent to which emissions have been reduced due to existing programs and measures) are available at http://tnrcc.state.tx.us/exec/media/press/08-00global.html

Stormwater Program-Delegation

Proposed Regulations

  • Preproposal draft of revisions to Surface Water Quality Standards available at http://ww.tnrcc.state.tx.us/oprd/index.html
  • Proposed quadrennial review of Chapter 114 (Control of Air Pollution from Motor Vehicles). See http://www.tnrcc.state.tx.us/oprd/whatsnew.html
  • Proposed regulations would create a nitrogen oxide (NOx) trading program in Houston-Galveston nonattainment area, require an average of 90% reduction in NOx emissions from new controls in the nonattainment area, impose new vehicle emissions testing requirements, implement a seasonal ban on early-morning use of heavy-duty construction equipment, require the sale of low-sulfur gasoline throughout Central and Eastern Texas (including the Dallas-Ft. Worth and Beaumont areas, starting in 2002), ban the use of small gasoline-powered lawn care equipment between 6 a.m. and noon in summer months, implement requirements for new commercial and residential air conditioning equipment, require early retirement and replacement of off-highway diesel equipment, require emission reductions at area airports, reduce speed limits to 55 (starting in 2002), encourage voluntary measures such as telecommuting and stoplight synchronization, restrict truck engine idling, and reduce the duration of emission reduction credits from ten to five years. Public hearings scheduled for various locations Sept. 18-25. Written comments due Sept. 25. See http://www.tnrcc.state.tx.us
  • Proposed amendments to Subchapters A, B, and F of the Pollutant Discharge Elimination System (TPDES) stormwater permit standards applicable to Lakes Travis, Austin, Inks, Buchanan, Lyndon B. Johnson, and Marble Falls. The proposed amendments would allow for the discharge of storm water runoff and certain other non-stormwater discharges through the issuance of
    TPDES permits to control these discharges. Comments due Sept. 25. See http://www.tnrcc.state.tx.us/oprd/whatsnew.html

Submitted Report-Air-Protection of Visibility

Permit Hearings

Sunset Advisory Commission

Strategic Plan

Railroad Commission

Final Regulations

Public Utility Commission

Final Regulations

  • Final rules implement Senate Bill 7 (1999), regarding electric utility deregulation, by allowing utilities to recover some of the expense of reducing emission levels at generating plants. The statute allows the stranded costs of significant pollution reduction efforts to be calculated and assessed to ratepayers (for costs incurred between Jan. 1999 and April 2003), and the PUC will examine utility emission plans. The statute requires NOx emission reductions of at least 50% from 1997 levels, and at least a 25% reduction in SO2 emissions by May 2003. Beginning 2004, utilities must prove that their actual costs were reasonable before they can be recovered from ratepayers as stranded costs. See http://www.puc.state.tx.us/nrelease/2000/082400.cfm

red bar graphic  UTAH

Dept. of Envtl. Quality

Permit Applications

red bar graphic VERMONT

Dept. of Envtl. Conservation

Permit Applications

red bar graphic VIRGINIA

Dept. of Envtl. Quality

Landfill Closure Proposal

  • Comments accepted through Oct. 13 on reports that propose that certain landfills be closed by 2005, other identified facilities by 2010, and five more by 2020, on the basis of risk of exposure to contaminants. The DEQ has also compiled new data regarding the receipt of out-of-state generated municipal solid waste in 1999. For details, see http://www.deq.state.va.us/news/releases/964019031.html

Proposed Regulations-Solid Waste Management

  • Proposed amendments are again available for public comment due to the extent of revisions to the first proposal resulting from public comment. Comments due Oct. 27; public hearings Sept. 28 (Roanoke) and Oct. 5 (Glen Allen). For details, see http://www.deq.state.va.us 

RCRA Program Authorization

Public Meeting Notices

red bar graphic  WASHINGTON

Dept. of Ecology

Adopted Regulations

Proposed Regulations

red bar graphic WEST VIRGINIA

Dept. of Envtl. Protection

Public Notice Bulletin (Permit Applications, Proposed Regulations)

red bar graphic WISCONSIN

Dept. of Natural Resources

Public Hearing and Meeting Schedule

Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL
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red bar graphic GENERAL

red bar graphic CLIMATE CHANGE

  • Representatives to the Lyons, France, preparatory meeting began with notes of pessimism and doubts about whether controversial issues such as emission trading can be successfully resolved before the Sixth Conference in November in The Hague.  

  • The United Nations marked Sept. 16, "International Ozone Day," by issuing a message by Secretary-General Kofi Annan stressing that "(o)nly the full and continued compliance of both developed and developing nations with the Protocol will ensure complete recovery of the ozone layer." See http://www.un.org/News/Press/docs/2000/20000907.sgsm7537.doc.html

  • A U.S. National Aeronautics and Space Administration (NASA) report indicates that the largest ozone hole ever observed, three times the land mass of the United States, is over Antarctica. 

  • Lester Brown of Worldwatch Institute issued a statement, "Climate Change Has World Skating on Thin Ice." See http://www.worldwatch.org/chairman/issue/00829.html

  • The Pew Center on Global Climate Change issued a report, "The Kyoto Mechanisms and Global Climate Change." See http://www.pewclimate.org

  • Environment Canada issued a report, "Greenhouse Gas Inventory for 1990-1998," which noted only incremental progress in meeting Kyoto Protocol goals. In a statement, Environment Canada said that "Canada's Greenhouse Gas Inventory for 1990-1998 shows Canada's greenhouse gas emissions in 1998 were 13% above 1990 levels. However, the growth in emissions is slowing down. From 1997 to 1998 total greenhouse gas emissions grew by only 1%. In the mid 1990s, emissions were growing at about 3% per year, while Canada's economy grew at an average rate of about 2% per year. In 1998, the year that emissions growth slowed, GDP grew 4.4%." In comparison, "Germany and the United Kingdom have reduced emissions 15.5% and 12.5%, respectively, from 1990 levels. France, Sweden and Denmark have curbed their emission growth and started reducing their emissions. On the other hand, emissions in the Netherlands and the USA have increased 8% and 11.5%, respectively. In the United States, the emissions growth trend has been slowing for the last three years while the economic growth rate is also rising. Emissions in Australia are increasing at a greater rate than Canada's, where emissions have increased 16.9% since 1990." See http://www.ec.gc.ca/press/000906_m_e.htm Meanwhile, a report issued by the Organization for Economic Cooperation and Development, "OECD Economic Surveys: Canada--2000," argues that Canada is not doing enough to meet its environmental objectives and should use economic incentives such as taxes and new or increased disposal fees.  

red bar graphic EUROPE

  • European Union Commissioner for Development and Humanitarian Aid Poul Nielson said he hoped the tragic loss of the Russian Kursk submarine would hasten EU-Russia joint efforts to reduce human health and environmental risks associated with the aging Russian nuclear-powered fleet, including the scrapping of numerous nuclear submarines that are rusting at bases throughout northern Russia. 

  • French Prime Minister Jospin, in a speech to the Lyons climate change delegates, encouraged new energy conservation measures, after conceding to truck drivers and farmers engaged in protests over diesel fuel taxes by agreeing to lower the tax twice during the next year. The government also agreed to elimination of annual individual vehicle registration taxes and to cuts in the tax imposed on heating oil. Environmental groups were displeased. Jospin said the measures would not adversely hinder France's ability to meet Kyoto Protocol objectives. Similar transporter protests against higher energy costs, leading to lengthy highway blockages and panic buying of scarce merchandise from grocery stores and of gasoline, have spread to several other countries, including the U.K.

  • A report, "Inventory of High Risk Sites," found 23 "hot spots" in Slovakia, Ukraine, and Hungary that have the potential to cause the kind of water contamination that occurred in Romania earlier this year. See http://www.cian.hu/doc/hotspots.htm

  • The European Commission will sue the U.K. over its confidential plans to dismantle the Sellafield nuclear power facility. 

  • A report prepared by the Institute of Social and Preventive Medicine at the University of Basel, Switzerland, and published in The Lancet estimates that 6% of deaths per year in Austria, France, and Switzerland are due to air pollution, reports the BBC. Fully half of those deaths are attributable to automobile and truck exhausts. See http://news.bbc.co.uk/hi/english/health/newsid_905000/905016.stm

  • Britian has agreed to give financial support to Russia in aiding the decommissioning of nuclear weapons, according to ITN. See http://www.itn.co.uk/news/20000827/britian/05nuclear.shtml

  • Switzerland has decided to lift a decade-old ban on the use of PVC beverage bottles. 

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red bar graphic CANADA

  • Several Canadian government agencies issued a joint report, "Review of Federal Laws, Regulations and Policies on Genetically Modified Organisms," which rejected the argument of the Sierra Club Legal Defense Fund that Canada needs specific legislation on the subject. See http://www.cfia-acia.agr.ca/english/corpaffr/newsrelease/20000908e.shtml and http://www.cfia-acia.agr.ca/english/ppc/biotech/enviro/sierrae.shtml

  • A "low speed vehicle" designation under the Motor Vehicle Safety Regulations will offer less stringent safety requirements and spur the manufacture and sale of zero-emission vehicles, according to Transport Minister David Collenette.

  • Environment Canada, in releasing its third Progress Report on the Chlorinated Substances Action Plan (CSAP), said that existing and new regulatory and non-legislative measures are helping reduce releases and uses of toxic chlorinated substances, as listed under the new Canadian Environmental Protection Act. The report covers the period between 1995 to December 1999. See http://www.ec.gc.ca/press/000913_m_e.htm

  • Comments may be submitted through Oct. 31 on a paper, "Western Canada's Wheat Quality Control System: Future Directions," issued by the Canadian Wheat Board and the Canadian Grain Commission. The report discusses possible changes in the controls on wheat products in the event of increased use of genetically modified crops. See http://www.cwb.ca/publicat/wheat_paper/fwq.htm

  • A draft "Environmental Assessment Framework for Trade Negotiations" was issued for public comment. See http://www.dfait-maeci.gc.ca/tna-nac/social-e.asp

red bar graphic LATIN AMERICA

  • Representatives of the U.S. food processing industry said at a meeting of the North American Fee Trade Agreement's (NAFTA's) Committee on Sanitary and Phytosanitary Measures that an upcoming Sept. 19-20 meeting should consider the issue of genetically modified organism food labeling for products, in light of a recent almost successful legislative effort in Mexico to require labeling of such foods and the potential for conflict with U.S. labeling standards. 

  • The Secretariat of the Commission for Environmental Cooperation (CEC) determined that a submission regarding a shrimp farm in San Blas, Nayarit, Mexico warrants development of a factual record. The submission by an environmental group alleges that the farm has disrupted mangrove and wetlands areas and that the Mexican government has failed to enforce its legislation, specifically the General Law on Ecological Balance and Environmental Protection, the Forestry Act, and the Law of National Waters. See http://www.cec.org

red bar graphic ASIA

  • Korea, Japan, and China agreed to hold a workshop in Beijing in December to discuss desertification in China's midwestern regions, which contributes to the so-called "yellow dust" problem. 

  • Japan criticized the U.S. decision to ban Japanese fishing vessels from U.S. waters, as the controversy over Japanese research whaling continues. See http://news.bbc.co.uk/hi/english/world/americas/newsid_924000/924368.stm

  • Almost half of Bangladesh's population is at risk of chronic arsenic poisoning from drinking contaminated water, according to Financial Times (Sept. 14, 2000, at 6).

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 red bar graphic AUSTRALIA AND NEW ZEALAND

  • New Zealand's Royal Commission on Genetic Modification held three meetings in August as a preclude to public hearings that will begin on Sept. 18. A voluntary moratorium on field tests or releases of genetically modified organisms began on June 14, and ended on Aug. 31, 2001. It is administered by the Ministry for the Environment; the Royal Commission is slated to report next May. See http://www.mfe.govt.nz/new/index.htm

  • New Zealand Environment Minister Marian Hobbs announced the creation of a task force to examine agricultural chemical spray drifting, in response to a bill submitted to Parliament on the issue.  

  • Greenpeace Australia and the Australian Mineral Policy Institute released a report, "Cyanide Clash: Report on the Tolukuma Gold Mine Cyanide Spill in Papua New Guinea, March 2000" claiming that an Australian mining company is releasing cyanide-containing waste directly into the Angabanga and Auga Rivers. 

red bar graphic AFRICA

  • The United Nations Environmental Programme has been asked to send in technical experts to evaluate the environmental impact of possible titanium mining in Kwale, Kenya, according to The Nation (Nairobi). See http://allafrica.com/stories/200008150230.html