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Weekly Update Volume 30, Issue 3

01/24/2000

LITIGATION
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red bar graphic FWPCA, CITIZEN SUITS, CIVIL PENALTIES:

The U.S. Supreme Court held that the Fourth Circuit erroneously vacated on mootness grounds a district court’s award of civil penalties in favor of environmental groups that brought a citizen suit against a hazardous waste treatment facility for NPDES violations. The appellate court concluded that because the facility came into compliance after commencement of the litigation, and because the environmental group failed to appeal the district court’s denial of equitable relief, the groups’ claim for civil penalties was moot. The appellate court, however, confused the Supreme Court’s case law on initial standing to bring suit with its case law on post-commencement mootness. Here, the groups have standing because the civil penalties they sought carried with them a deterrent effect that made it likely, as opposed to merely speculative, that the penalties would redress the groups’ injuries by abating current violations and preventing future ones. While the Supreme Court’s decision in Steel Co. v.Citizens for Better Environment, 523 U.S. 83, 28 ELR 20434 (1998) held that private plaintiffs may not sue to assess penalties for wholly past violations, it did not reach the issue of standing to seek penalties for violations that are ongoing at the time of the complaint and that could continue into the future if undeterred. Additionally, the appellate court erred in concluding that the citizen groups’ claim for civil penalties must be dismissed as moot. On remand, the court must determine whether the facility’s compliance with its permit requirements or its subsequent closure makes it absolutely clear that permit violations could not be expected to recur. Finally, the appellate court wrongly addressed the availability of attorneys fees because no order was before it either denying or awarding fees. Justice Ginsberg wrote the opinion of the Court, with Justice Stevens concurring. Justice Scalia, with whom Justice Thomas joins, wrote a dissenting opinion. Friends of the Earth v. Laidlaw Environmental Services (TOC), Inc., No. 98-822 (U.S. Jan. 12, 2000) (48 pp.).

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red bar graphic CERCLA, RESPONSE COSTS, HAZARDOUS SUBSTANCE CONTINGENCY PLAN (HSCP):

The Tenth Circuit affirmed in part and reversed in part a district court’s decision to reduce the amount a corporation must pay EPA for CERCLA response costs incurred when EPA remediated a Colorado hazardous waste site. The district court erred in holding that EPA’s assessment of the appropriate cancer risk level for the site after clean up was arbitrary and capricious. EPA properly considered all of the congressionally required factors in setting the remediation level, considered the problem’s important aspects, and offered a reasonable explanation for its decision. Moreover, EPA’s implementation of a settling tank to remove rocks from liquid sludge did not require it to amend its plan for the first phase of cleanup. However, EPA’s implementation of remedial methods to dispose of additional rail car liners and to remove tar heels violated the HSCP’s required procedure for a significant cost increase to a site’s remedy. On remand, the company must demonstrate that EPA’s variance from the HSCP and the cleanup resulted in excess costs that would not have otherwise been incurred. Finally, the district court correctly reduced the judgment against the company pursuant to a geographic apportionment of a prior settlement with other defendants, and the company is liable for remediation costs incurred before it received notification of its potential liability. United States v. Burlington Northern Railroad Co., Nos. 97-1328 et al. (10th Cir. Dec. 21, 1999) (47 pp.).

red bar graphic FIFRA, STATE-LAW PREEMPTION:

The Fifth Circuit reversed a district court dismissal of crop owners’ state common-law claims against various pesticide corporations that raised a FIFRA defense to remove the action into federal district court. The district court erred in holding that FIFRA provides a basis for federal question jurisdiction because it completely preempts all state or local regulation of pesticides. While FIFRA may preempt some state-law damage actions, it does not bar state common-law claims that are not based on inadequacies in labeling or packaging. Moreover, federal jurisdiction cannot be maintained because the parties lack complete diversity of citizenship, and, therefore, the case must be remanded to state court. Hart v. Bayer Corp., Nos. 98-60496,- 60811 (5th Cir. Jan. 6, 2000) (8 pp.).

red bar graphic ESA, NEPA, WOLF REINTRODUCTION:

The Tenth Circuit held that the DOI’s rules for wolf reintroduction in Yellowstone National Park and central Idaho did not violate the ESA or NEPA. Consequently, the court vacated a district court order for the removal of all introduced wolves. The DOI reasonably interpreted ESA §10(j)’s geographic separation provision, which requires the geographic separation of experimental populations from nonexperimental populations. A geographic separation is any area outside where a particular population sustains itself, and any lone naturally occurring wolf that encounters an experimental population does not constitute a population under the DOI’s definition of “population.” Likewise, the DOI’s release of introduced wolves in the range of naturally occurring lone wolves did not violate ESA §10(j)(2)(A)’s requirement that experimental populations be released outside of a natural population’s current range. The DOI reasonably interpreted “current range” to be the territories defended by an identifiable wolf population’s breeding pair. Similarly, the DOI reasonably exercised its §10(j) management authority by defining the experimental wolf population by location, instead of animal origin. Further, the DOI did not violate ESA §7 by failing to consider the impacts of reintroduced wolves on a naturally occurring subspecies of wolf because ample evidence supports the DOI contention that the subspecies no longer exists. In addition, the DOI did not violate NEPA by failing to analyze the wolf reintroduction’s impact on naturally occurring wolf populations. Wyoming Farm Bureau Federation v. Babbitt, Nos. 97-8127 et al. (10th Cir. Jan. 13, 2000) (39 pp.).

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red bar graphic NATIONAL FOREST MANAGEMENT ACT (NFMA), WYOMING WILDERNESS ACT (WWA), ROADS:

A district court held that a timber association lacked standing to challenge the U.S. Forest Service’s promulgation of a rule suspending road construction decisionmaking in certain unroaded areas of the national forest system. Allegedly, the road suspension violated the WWA provision releasing nonwilderness lands in Wyoming national forests for multiple uses. However, the recreational and aesthetic injuries alleged by the association belong to the employees of the association’s member companies, not to the association’s actual members. Further, the association had no procedural injury because the companies had no right to participate in the NFMA planning procedures implementing the rule, and the WWA’s multiple use provision does not extinguish the Forest Service’s broad rulemaking authority. The WWA clearly contemplates that nonwilderness lands would be managed according to the forest management legal framework, including Forest Service rulemaking. In addition, the association’s economic interest in increased timber harvesting do not fall within a NEPA protected or regulated zone of interests. Wyoming Timber Industry Ass’n v. U.S. Forest Service, No. 99-CV-1016-B (D. Wyo. Jan. 5,
2000) (Brimmer, J.) (13 pp.).

red bar graphic FERC, UNDERGROUND GAS STORAGE, PERMITTING:

A district court dismissed as moot an underground gas storage facility’s injunctive and declaratory relief action against a state environmental agency’s permit modification requirements due to the agency’s insistence on sonar testing in order for the facility to modify its permit and expand. The facility sought to increase its storage capacity by including natural gas through an agreement with a gas pipeline company, but FERC rejected the corporation’s application. Consequently, the storage expansion ceased, and the facility brought this action. However, there is currently no transaction being impeded by state regulatory action, and any potential conflict between state and federal agencies was mooted by the FERC’s denial of the corporation’s application. Bath Petroleum Storage, Inc. v. Sovas, No. 98-CV-347 (LEK/RWS) (N.D.N.Y. Jan. 10, 2000) (Kahn, J.) (3 pp.).

red bar graphic FWPCA, EQUAL ACCESS TO JUSTICE ACT (EAJA), ATORNEYS FEES:

The Seventh Circuit remanded a district court denial of attorneys fees that a construction company requested under the EAJA when it prevailed in a government action alleging the company violated the FWPCA by discharging pollutants into a wetland. The district court’s conclusion on the merits that the government’s position was arbitrary and capricious conflicts with its subsequent conclusion that attorneys fees were not warranted because the government’s position was substantially justified. Therefore, it cannot be determined on the record whether the district court abused its discretion in denying attorneys fees to the company, and the case must be remanded. United States v. Hallmark Construction Co., No. 99-1948 (7th Cir. Jan. 11, 2000) (9 pp.).

red bar graphic LAND USE, URBAN RESERVE AREAS:

A state court affirmed with modifications a land use board’s decision to remand a special district’s designation of urban reserve areas for the Portland, Oregon, metropolitan area. The special district provides regional land use policy direction for the metropolitan region consistent with statewide planning goals. The board concluded that the special district misapplied the urban reserve rule in numerous and substantial ways and, on remand, would be required to correct its designation process going all the way back to its early stages. The board did not err by not giving effect to the urban reserve rule’s severability clause when it remanded the designation in its entirety because the bases for its remand were so general and pervasive. Further, the board correctly interpreted the rule and applied its numbered provisions sequentially. The board also acted consistently with the rule in finding the special district’s designation process flawed. However, the land use board was mistaken in concluding that the rule’s exception criteria need not be considered independently of locational factors. Additionally, the board erred in allowing the special district to establish defined thresholds for factors listed in the rule and to then find land unsuitable if it failed to achieve at least one of the defined thresholds. D.S. Parklane Development, Inc. v. Metro, No. CA A105688 (Or. Ct. App. Jan. 12, 2000) (16 pp.).

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red bar graphic SOLID WASTE, PERMITTING, LOCALIZED INPUT:

A state court of appeals denied an environmental group’s motion to rehear and, in the alternative, transfer a case where the court held that the legislative purpose of a Missouri solid waste permit review provision is to allow, but not require, localized input and planning in the permitting of solid waste processing facilities and disposal areas. Applying state precedent, the provision is to be interpreted as directory rather than mandatory because the word “shall” is used without the inclusion of a sanction for failure to comply with it. Therefore, a state environmental agency did not abuse its discretion by issuing a construction permit to a landfill company even though the regional solid waste board did not review and comment on the company’s permit application. Citizens for Environmental Safety, Inc. v. Missouri Department of Natural Resources, No. 22497 (Mo. Ct. App. Dec. 23, 1999) (3 pp.).

red bar graphic WATER LAW, GROUNDWATER RIGHTS, ATTORNEYS FEES:

A state court of appeals vacated and remanded an award of attorneys fees to applicants who prevailed in an action challenging a state water resource agency’s approval of a groundwater rights transfer without a contested case hearing. The trial court’s judgment ordering the agency to hold a contested case hearing was a procedural victory “in favor” of the applicants that justified attorneys fees because the victory is more than a mere technicality and the agency will be required to fundamentally reassess its finding through the contested case procedure. However, it cannot be ascertained from the record the statutory ground or basis the trial court relied on when it awarded fees. The award of attorneys fees, therefore, is vacated and remanded to the trial court to make an adequate record that identifies the statutory ground for an award of fees that is consistent with state precedent. Kusyk v. Water Resources Department, Nos. CCV-96-1-443, CA A100946 (Or. Ct. App. Jan. 5, 2000) (5 pp.).

red bar graphic CIVIL RIGHTS, RESIDENTIAL CONSTRUCTION:

A district court dismissed as unripe a developer’s civil rights action against a city, state environmental protection agency, and a citizen group that opposed the developer’s construction of a residential subdivision within the city’s watershed area. Because the developer failed to apply to the state agency for the necessary approval of the subdivision, there has been no final decision, and, therefore, the court cannot determine whether the developer has been deprived of property, due process, and equal protection. Moreover, the futility exception to the final decision requirement in land use cases is not applicable because the developer failed to file a meaningful application that would give the state agency an opportunity to definitely accept or reject the proposed development. Additionally, the developer must seek compensation from the state, which provides a reasonable, certain and adequate provision for compensation, before its claim in federal court is ripe. Moreover, the developers claims for supervisory liability, municipal liability, and conspiracy are also not ripe for review and must be dismissed because these claims are based on constitutional violations that the developer failed to adequately allege. Goldfine v. Kelly, No. 98 Civ. 8328(WCC) (S.D.N.Y. Jan. 3, 2000) (Conner, J.) (12 pp.).

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

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register.

red bar graphic AIR:

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red bar graphic HAZARDOUS WASTES AND SUBSTANCES:

red bar graphic SMCRA APPROVALS:

red bar graphic SOLID WASTE:

red bar graphic TOXIC SUBSTANCES:

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red bar graphic WATER:

red bar graphic WETLANDS:

red bar graphic DOJ NOTICES OF SETTLEMENT:

  • U.S. v. Meyer, No. 1:97-CV-526 (W.D. Mich. Dec. 22, 1999) (a CERCLA defendant must pay $625,000 in past costs incurred in connection with the cleanup of the Northernaire Plating Company Superfund site in Cadillac, Mich.), 65 FR 3248 (1/20/00);
    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20ja00-94
  • U.S. v. Sapo Corp., No. 99-2366 (D.P.R. Dec. 15, 1999) (FWPCA defendants that allegedly discharged fill material into wetlands
    at the Copamarina Beach Resort in Guanica, P.R., without a §301(a) permit must pay a $15,000 civil penalty, must complete a mitigation project to enhance protection of existing wetlands, and must complete a preservation project by transferring title to 30.59 acres of wetlands valued at $98,126 to the Puerto Rico Department of Natural and Environmental Resources), 65 FR 3248 (1/20/00);
    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20ja00-95
  • U.S. v. Union Pacific Railroad Co., No. CV 91-0342-N-EJL (D. Idaho Dec. 23, 1999) (a CERCLA and FWPCA defendant, in connection a 71.5-mile-long railroad right-of-way located between Mullan and Plummer, Idaho, and certain adjacent areas in the Coeur d’Alene Basin in northern Idaho (the Project Area), must implement the EPA-selected response action for the Project Area and convert the right-of-way into a biking and hiking rail for public use at a total estimated cost of over $25 million; must pay past U.S., state, and tribal response costs incurred in connection with negotiations and the engineering evaluation and cost analysis needed to select the response; must pay $2,730,000 to the state and the tribe, primarily for their expected future costs of maintaining public amenities along the trial; must pay $35,000 to fund educational activities; must pay the tribe up to $25,000 per year for 10 years for costs it incurs for operating and maintaining the Chatcolet Bridge; must pay the future response costs of all three governments for oversight of the removal action; and must pay $2 million in natural resource damages), 65 FR 3249 (1/20/00).
    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20ja00-96

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

IN THE STATES

red bar graphic ALABAMA:

Department of Environmental Quality

Notice of Review Hearing

  • ADEM has requested comment by Jan. 12, 2000 regarding potential revisions to the State’s water quality standards (Admin. Code
    Chapters 335-6-10 and 335-6-11) in connection with the triennial review process.

Proposed Amendments, Drinking Water Quality

  • ADEM will hold a public hearing on Feb. 16, 2000 to consider amendments to Divisions 7 & 10 of the ADEM Administrative Code, in order to conform the standards to current U.S. EPA drinking water regulations. In particular, Division 7 proposed amendments will add monitoring requirements for new contaminants considered to be carcinogenic, prescribe treatment methods for the reduction of organic precursors that react with disinfectants, and require water systems to provide drinking water quality information through annual Consumer Confidence Reports. Division 10 amendments involve deletion of the operator trainee definition and corresponding requirements, and the addition of an eligibility requirement for applicants for the operato certification examination. The comment period closes Feb. 16. See http://www.adem.state.al.us/proprule.html

Pending Permit Modification

  • The Black Warrior Solid Waste Disposal Authority (Tuscaloosa) has submitted an application to modify the permit for its Coker Landfill facility to expand the disposal area, increase the maximum daily volume from 300 to 500 tons/day, increase the authorized service area from Tuscaloosa County to statewide, and change the name of the facility. The comment period ends Feb. 18, 2000.

Decatur Field Office

  • ADEM named Freddie Thomas, formerly in the ADEM Air Division, to head the Decatur field office, whose expanded activities will
    include compliance sampling, UST inspections, and stormwater management plan compliance assistance.

FY 1999 Nonpoint Source Enforcement

  • ADEM announced on Dec. 21, 1999 that it had set a record during FY 1999 for the assessment of fines for nonpoint source violations. The 1999 total ($212,500) was up 59 percent from the 1998 total. Total penalties assessed by ADEM for all violations was $1.2 million.

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red bar graphic ALASKA:

Department of Environmental Conservation

Proposed Discharge Prevention Plan Renewal; Comment Deadline Extension

  • ADEC seeks comment on application for renewal of the Valdez Marine Terminal Oil Discharge Prevention and Contingency Plan (Plan No. 993-CP-4057). The plan is being reviewed for consistency with AS 46.04.030 and 6 AAC 80. The Jan. 10, 2000 comment deadline has been extended indefinitely “for receipt of additional information”.

Proposed Amendments

  • DEC has proposed various changes to its air quality regulations to conform to U.S. EPA regulations. The amendments will adopt recent federal standards by reference, including those for natural gas transfer and storage facilities, medical waste incinerators, oil and gas production facilities, and large municipal waste incinerators. A copy of the proposed amendments may be viewed at http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm. The comment period ends Feb. 14, 2000.

Water Quality Assessment Update

Department of Natural Resources

Proposed Regulations

  • DNR proposes to amend, adopt, and repeal regulations in Title 11 of the Alaska Admin. Code, dealing with public easements and rights-of-way, to implement AS 19.10.010, AS 19.30-400-420, AS 38.04.058, AS 38.04.200, AS 38.05.127, and AS 40.15.305. Comments were due by Jan. 4, 2000 to the Division of Mining, Land and Water; the comment period has been extended until Jan. 21. Copies of the proposed regulations are available at http://www.dnr.state.ak.us/land.

red bar graphic ARIZONA:

Department of Environmental Quality

Proposed Amendments

  • DEQ has proposed amendments to its drinking water regulations to incorporate U.S. EPA standards that require community water systems to provide their customers, on an annual basis, with a Consumer Confidence Report. Public hearings are scheduled in several locations Feb. 22-March 1, 2000. The formal comment period ends March 3. See http://www.adeq.state.az.us/lead/oac/stat.html.

Notice of Availability for Comment

  • Draft regulations addressing community involvement, site investigation, analysis of options for cleanup, and cleanup performance are set forth in a draft Water Quality Assurance Revolving Fund remedy selection rule. Public hearings will likely occur in Feb. 2000. See http://www.adeq.state.az.us/lead/oac/stat.html for further information.

Department of Water Resources

Third Management Plan Issued

  • DWR has released the “Third Management Plan”, as required by the Groundwater Management Act of 1980, for the period 2000-2010. The plan covers activities in each Active Management Area (Prescott, Phoenix, Pinal, Tucson, and Santa Cruz). See www.adwr.state.az.us for further information.

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red bar graphic ARKANSAS:

Department of Environmental Quality

Proposed Regulation

  • The APC&EC is proposing revisions to Regulation No. 23 (Hazardous Waste Management). The rulemaking would incorporate all U.S. EPA revisions to 40 C.F.R. Parts 124, 260-66, 268, 270, 273, and 279 published in the Federal Register between Feb. 11, 1999 and July 6, 1999. The revisions include corrections to and clarifications of specific land disposal requirements and treatment standards for particular waste streams; guidelines for the analysis of oil, grease, and nonpolar substances under the RCRA regulations; and provisions for including spent electrical lamps in the universal waste management program. Certain state-specific rules would also be revised, including defining the terms “solid waste management unit”, “completed fiscal year”, and “total liability” as used in the financial assurance requirements; amendments to the provisions for annual reporting by hazardous waste generators to comport with recent legislative changes; and a clarification that both commercial and non-commercial hazardous waste management facility operators are subject to training requirements for waste handlers. Written comments were due by Jan. 3, 2000.

red bar graphic CALIFORNIA:

Environmental Protection Agency

Air Resources Board

Off-Road Compression-Ignition Engines; Proposed Amendments

  • ARB will conduct a public hearing on Jan. 27, 2000 regarding proposed amendments to regulations specifying both mandatory and optional reduced-emission standards for 2000 and subsequent off- road compression-ignition (CI) engines. In addition, provisions to allow California-certified off-road CI engines to participate in the federal Averaging, Banking, and Trading program will be considered. See http://www.arb.ca.gov/homepage.htm for further information.

Urban Bus Emission Standards, Fleet Rule Proposal; Public Hearing

  • ARB will hold a public hearing on Jan. 27, 2000 to consider adoption of a public transit bus fleet rule and emission standards for new urban bus engines. The proposal does not address emissions from school buses, and is based on the Heavy-Duty Diesel Settlement Agreements signed by U.S. EPA, the ARB,and engine manufacturers in 1998. School bus emissions will be addressed in a separate rulemaking.

On-Road Motor Vehicle Emissions Inventory; Written CommentDeadline

  • The ARB has postponed a public meeting, originally scheduled for Dec. 9, 1999, regarding approval of a revised on-road motor vehicle emissions inventory. The new date is March 23, 2000 (the date in the public notice is incorrect). The inventory is required pursuant to Section 39607(b) of the California Health and Safety Code. Two ARB staff reports, “Revision to the State’s On-Road Emissions Inventory Estimation Model–EMFAC2000", and “EMPAC2000 On-Road Emissions Inventory Estimation Model” have been prepared. A final version of the model and supporting documentation reflecting changes in response to comments previously received will be available Feb. 3, 2000 and may be downloaded from http://www.arb.ca.gov/msei/msei.htm. Written comments must be submitted by March 22, 2000 or received at the public hearing.

Final Regulations; Comment Period on Reports; Public Meeting

  • ARB approved, on Dec. 9, 1999, new regulations that will prohibit the use of gasoline formulated with MTBE (methyl tertiary butyl ether) after Dec. 31, 2002. The regulations also establish more stringent standards for sulfur and benzene and less stringent requirements for distillation temperatures and Reid Vapor Pressure. These new standards also become effective Dec. 31, 2002. The Board concluded that some refiners would need additional time to make plant modifications to convert their entire production volume for California to non-MTBE gasoline. ARB also released an assessment, conducted jointly with SWRCB and OEHHA pursuant to Executive Order D-5-99, which found no significant air quality impacts from potential statewide use of ethanol in gasoline. The reports may be viewed at http://www.calepa.ca.gov/programs/MTBE/EOTasks.htm. A public meeting to discuss the reports is scheduled for Jan. 18, 2000; written comments were to be submitted to the Environmental Policy Council by Dec. 31, 1999.

Department of Toxic Substances Control

Proposed Regulation

  • DTSC has proposed amendments to Title 22, Division 4.5 of the CCR to add sections 69000 through 69013. The new standards will add performance criteria for private site managers and private site management team members, under the voluntary program established by AB 1876 (1995). The 45-day comment period expires Jan. 18, 2000. See http://www.dtsc.ca.gov/oea/regulations/oa9601a1.htm.

Workshops

  • The DTSC conducted pre-proposal workshops in December regarding potential revisions to the Universal Waste Rule; several of the contemplated revisions would incorporate changes to the U.S. EPA regulations, including the addition of hazardous waste batteries
    (excluding automotive type lead-acid batteries, which continue to be regulated under lead-acid battery recycling regulations), mercury-containing thermostats, and spent fluorescent tubes. The Department would also delete distinctions between large and small
    quantity handlers of universal waste, making the U.S. EPA large quantity requirements apply to all handlers except as may be
    specified otherwise. In addition, offsite storage at consolidation points without a permit would generally be limited to 90 days. Storage permits for storage greater than 90 days would fall within the standardized permit tier. An offsite storage period of 1 year would be authorized for batteries to coincide with federal law. U.S. DOT requirements found in 49 C.F.R. Parts 171 through 180 would apply to universal waste transporters, and the storage period at transfer facilities would be limited to 6 days (10 days in areas zoned for industrial use). Draft regulatory changes may be found at http://www.dtsc.ca.gov/txhazreg.htm.

South Coast Air Quality Management District

Proposed Regulation

  • The SCAQMD has proposed adoption of Proposed Rule 1189 (Emissions from Hydrogen Plant Process Vents) to reduce volatile organic compound (VOC) emissions from existing hydrogen plants at refineries and chemical plants. A more stringent VOC limit is also being proposed for new and reconstructed hydrogen plants. Comments were due by Jan. 11, 2000. See http://www.aqmd.gov/pub_edu/phn_r1189.html for further information.

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red bar graphic COLORADO:

Air Quality Control Commission

Proposed Regulation

  • The AQCC set Jan. 10, 2000 as the hearing date for a proposal that would replace the existing requirement that motor vehicles be tested at emissions inspection stations with a remote sensing program. The “clean screen program” would be implemented in the Denver area beginning in 2002. Other proposed revisions to CO standards, oxygenated fuels requirements, and ambient air quality criteria will be considered at the hearing.

Water Quality Control Commission

Proposed Repeal

  • The Commission has proposed the repeal of subsection 61.3(1)(d) of the Colorado Discharge Permit System Regulations, Regulation #61, concerning the applicability of the housed commercial swine feeding operation permit requirements to certain facilities. A public hearing has been scheduled for March 13, 2000.

Proposed Regulation

  • The Commission has proposed a Domestic Wastewater Treatment Grant Program Intended Use Plan for FY00, as new regulation #54 (5 CCR 1002-54). Written comments may be submitted by Feb. 2, 2000; no public hearing will be held.

Nonpoint Source Management Program

  • The Commission set Jan. 10, 2000 as the date for continuing the public informational (non-rulemaking) hearing on approval of an update to the Colorado Nonpoint Source Management Program. The first hearing was held on Oct. 13, 1999. A new draft, which reflects comments submitted to date, is available at www.cdphe.state.co.us/wq/wqcc/cupsmpu.html. The Commission encouraged the submission of written comments (15 copies) by Dec. 29, 1999.

red bar graphic CONNECTICUT:

Department of Environmental Protection

Notice of Intent; Regional Public Hearings

  • DEP has drafted a proposed 20-year Statewide Solid Waste Management Plan, in accordance with Section 22a-228 of the Connecticut Gen. Statutes, and is conducting a series of public hearings: Jan. 24 (New Haven); Jan. 27 (Hartford), Jan. 31 (Bridgeport), Feb. 7 (Waterbury), and Feb. 10, 2000 (Norwich). Copies of the plan may be obtained from DEP or found at municipal libraries. Written comments must be submitted by March 1, 2000.

Proposed TMDL; Comment Deadline Extended

  • DEP is requesting, through Jan. 28, 2000, comments on a proposed Long Island Sound TMDL for nitrogen to address hypoxia. The proposed TMDL would achieve a 58.5% reduction in nitrogen below 1990 levels to be achieved by 2014. Sewage treatment plants and stormwater runoff from urban and agricultural areas would be targeted. A copy of the TMDL may be obtained at http://dep.state.ct.us/wtr/LIS/tmdl.htm.

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red bar graphic FLORIDA:

Department of Environmental Protection

Final Regulations

  • DEP has issued final regulations governing the management of Spent-Mercury-Containing Lamps and Devices Destined for Recycling (effective Jan. 17, 2000) and concerning Drinking Water and Domestic Wastewater Treatment Plant Operators (effective Dec. 30, 1999). The regulations may be viewed at http://www.dep.state.fl.us/ogc/whatsnewfaq.htm.

red bar graphic GEORGIA:

Department of Natural Resources, Environmental Protection Division

Proposed Rule Amendments

  • EPD has proposed revisions to the Rules for Air Quality Control, the Procedures for Testing and Monitoring of Air Pollutants, and the SIP for ozone for the Atlanta Ozone Nonattainment Area. Revisions to Rules 391-3-1-.01, 391-3-1-.02, and 391-3-1-.03 are being proposed. The proposed amendments may be viewed at http://www.dnr.state.ga.us/dnr/environ. A public hearing has been scheduled for Jan. 20, 2000; written comments are due by that date. The revisions will be considered by the Board of Natural Resources at its Jan. 26, 2000 meeting.

Department of Natural Resources, Coastal Resources Division

Horseshoe Crab Fishery Management Plan

  • The CRD will hold a public hearing on Jan. 19, 2000 in Brunswick regarding the Atlantic States Marine Fisheries Commission’s Draft Amendment I to the Horseshoe Crab Fishery Management Plan. The amendment provides options for the implementation of a coastwide landings cap prior to the beginning of the 2000 fishing season. The amendment may be viewed at http://www.asmfc.org.  Comments may be submitted through Jan. 21, 2000 to the Maryland DNR, Fisheries Service.

red bar graphic ILLINOIS:

Pollution Control Board

Proposed Identical-in-Substance Regulations

  • The PCB has issued for a 45-day comment period, following publication in the Illinois Register, of identical-in-substance regulations that would implement wastewater pretreatment regulations adopted by the U.S. EPA. Specifically, the proposal would incorporate revisions to federal requirements that occurred between Jan. 1, 1999 and June 30, 1999, including an amendment to the 40 C.F.R. §136 methods for whole effluent toxicity testing, a new method for analyzing oil and grease, and guidance issued June 8, 1999 by U.S. EPA on the analysis of mercury in water.

Environmental Protection Agency

Release of Report

  • IEPA issued on Nov. 30, 1999 an updated report, “Non-Hazardous Waste Management and Landfill Capacity in Illinois”, that shows (using 1998 data) an all-time high volume of remaining permitted landfill capacity in Illinois. However, the Report also notes that the Chicago metropolitan area has only 6.8 years of remaining capacity at current disposal rates. Five landfills accounted for 41 percent of total waste volumes accepted during 1998. The Report, which includes information for each permitted facility, may be obtained from the Bureau of Land, Solid Waste Management Section.

Proposed Regulations

  • IEPA has set a Jan. 20, 2000 hearing date (10:00 a.m., Springfield) for proposed rules that would authorize emission test averaging for the purpose of determining whether an emission unit subject to stack testing requirements is in compliance. Written comments must be postmarked by Feb. 19, 2000.
  • A Jan. 18 hearing date has been established for proposed supplements to the nine percent rate-of-progress plan, the establishment of motor vehicle emissions budgets for the year 2007, and a mid-course review of ozone air quality in the Northeastern Illinois ozone nonattainment area. Written comments must be submitted by Feb. 8, 2000.

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red bar graphic INDIANA:

Department of Environmental Management

Public Forum

  • IDEM has scheduled a public forum (Jan. 19, in Hammond) to discuss diesel-related emissions and associated environmental and quality of life effects.

Proposed SIP Submittal

  • IDEM will hold a public hearing on Feb. 3, 2000 to consider a State Implementation Plan (SIP) submittal regarding transportation conformity and a mid-course review of the ozone attainment plan for Lake and Porter counties. The meeting will be held in Gary; written comments are due by Feb. 10, 2000.

red bar graphic IOWA:

Environmental Protection Commission

Approved Amendment

  • On Nov. 15, 1999 the EPC approved a DNR request that the cap on Title V air quality permitting fees be increased from $24 a ton (the previous fee was set at $23.10) to $29 a ton. The current U.S. EPA “presumptive minimum” fee, deemed necessary by EPA to adequately implement a Title V operating permit program, is $33.10. The DNR plans to establish the fee below $29 a ton. In addition, the DNR established a work group to examine alternative methods for funding Iowa’s Title V program. The group will report its findings and recommendations to the EPC in 2000.

Approved Voluntary Plan

  • The EPC also approved a voluntary wellhead protection plan.

red bar graphic LOUISIANA:

Department of Environmental Quality

Final Regulations

  • DEQ promulgated on Nov. 20, 1999 an amendment to LAC 33:V.Chapter 5, Subchapter E, adding new subsection 529. The regulation provides that no new permit or substantial permit modification that authorizes the construction or operation of any commercial hazardous waste incineration facility may be issued unless the permit applicant complies with all applicable hazardous waste,
    air quality, and water quality regulations. The DEQ also promulgated amendments to LAC 33:VI regarding inactive and abandoned hazardous waste and hazardous substance site remediation. In addition, revisions to LAC 33:I.3701 et seq. were promulgated; the amendments clarify that all requirements under currently applicable law and regulation must be achieved by the facility before a demonstration project may be approved. Also, the DEP will not approve a project if it requires final approval by the U.S. EPA, until the EPA has “formally approved all regulatory flexibility necessary for execution of the [project].”
  • On Dec. 20, 1999, DEQ promulgated a final amendment to LAC 33:I:705 regarding calculation of administrative penalties. The amendment ups the penalty range for a “major-major” violation to $27,500 from $25,000. DEQ also issued a final rule that revised LAC 33:XI:307 regarding fees for registered UST systems and for annual maintenance and monitoring.
  • On Jan. 20, 2000, DEQ issued a revision to Title 33, Chapter 59, Section 5901, regarding an exemption from regulation for storers of liquified petroleum gas (1) whose facilities are permitted through or inspected by the Liquified Petroleum Gas Commission of the Dept. of Public Safety and Corrections or (2) who use gas as a fuel in an agricultural process.

Proposed Regulations

  • DEQ has proposed revisions to LAC 33:III:223 and 1951-1973 to delete the clean-fuel fleet program requirements for the Baton Rouge ozone nonattainment area. A public hearing will be held on Jan. 24, 2000; comments are due by Jan. 31 (Log #AQ197).
  • DEQ has proposed a revision to the State Implementation Plan (SIP) for the Low Enhanced Inspection and Maintenance Program mandated under the federal 1990 amendment to the Clean Air Act. The DEQ is revising a previous SIP submission to include the
    final rule for the Motor Vehicle Inspection Program and the Interagency agreement between DEQ and the Department of Public Safety. The public comment period begins on Jan. 20 and ends Feb.24, 2000.
  • DEQ has also proposed an amendment to LAC 33:III:613 and 615 to correct an error in the deadline date for the submission of banking emission reduction credits. The corrected date will be Feb. 20, 1995, rather than Jan. 20, 1995. Comments are due by Jan. 31; a public hearing will be held on Jan. 24 (Log #AQ199).
  • DEQ has proposed clarifying and correcting amendments to the RECAP (Risk Evaluation/Corrective Action Program) regulations. The Screening Option will be revised; SIC codes will be upgraded to NAICS codes; the RECAP standards tables will be corrected; the SPLP method will be authorized for Management Options 1, 2, and 3; site investigation requirements will be expanded, and new submittal forms will be utilized. A public hearing will be held on Jan. 24, 2000; written comments are due by Jan. 31 (Log #OS034).

Advance Notice of Proposed Rulemaking

  • DEQ has requested comment on a Jan. 20, 2000 draft of proposed Chapter 12 of the Underground Storage Tank (UST) regulations,
    which would incorporate existing Department policy regarding the requirements that professional environmental firms must meet in order to be listed on the DEQ’s Response Action Contractors (RAC) list. The draft proposed rule includes more stringent standards, such as additional insurance coverage requirements and provisions for the suspension/revocation of RAC-listed consulting firms.Comments (Log #UT007) are due by Feb. 21, 2000. The draft may be viewed at http://www.deq.state.la.us/planning/regs/index.htm.

Emergency Rules

  • The DEQ on Oct. 29, 1999 extended through Feb. 26, 2000 an emergency rule first promulgated on July 1, 1999 and published in the Louisiana Register on July 20, 1999. The rule concerns Act 399 of the 1999 Legislative Session, which requires all privately-owned sewage treatment facilities regulated by the Public Service Commission to demonstrate financial responsibility prior to receiving discharge authorization.
  • On Dec. 15, DEQ issued a 120-day emergency rule regarding accreditation of commercial laboratories. The rule extends the deadlines for application for accreditation to July 1, 2000 and for issuance of accreditation to Dec. 31, 2000.

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red bar graphic MAINE:

Department of Environmental Protection

Proposed Regulations

  • DEP has proposed adoption of a regulation to implement the Ozone Transport Region NOx Memorandum of Understanding. The proposal will require electrical generating units, resource recovery facilities and major industrial sources to implement additional NOx controls beginning Jan. 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electrical generating units and resource recovery units, and an emission rate unit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping, and reporting requirements. Comments must be received by Jan. 28, 2000.
  • DEP has proposed adoption of universal waste regulations in accordance with U.S. EPA standards. Comments must be received by Feb. 23, 2000.
  • DEP has proposed amendments to Chapter 119 that will repeal the requirement to use 7.2 RVP fuel beginning in 2000; continued use of 7.8 RPV fuel will be authorized. Comments are due by Jan. 17, 2000.

red bar graphic MASSACHUSETTS:

Department of Environmental Protection

Proposed Regulation

  • DEP has proposed amendments to 310 CMR 7.00 which would reestablish the applicability of Appendix A to major new stationary sources and major modifications of VOC and NOx in eastern Massachusetts. A public hearing was Dec. 20, 1999; the deadline for the submission of written comments was Dec. 22, 1999. The proposed amendments may be viewed at http://www.state.ma.us/dep/bwp/daqc/files/pubnot.htm.
  • DEP has also proposed amendments to 310 CMR 7.24(6) (Stage II Vapor Recovery Program). The proposed amendments may be viewed at http://www.state.ma.us/dep/bwp/daqc/files/pubnot2.htm. Two public hearings will be held; one on Jan. 18, 2000 in Springfield, the other Jan. 20 in Boston.

Draft Guidance Document

  • The Bureau of Waste Site Cleanup requested that comments be submitted by Dec. 30, 1999 regarding the draft guidance document, “Building Construction in Contaminated Areas”. The draft may be viewed at http://ww.state.ma.us/dep/bwsc/files/cons1299.htm.

Island End Cogeneration Facility; Permit Application

Department of Environmental Proteciton-Coastal Zone Management Office

  • The DEP and the Coastal Zone Management Office conducted public hearings in December 1999 to discuss proposed “streamlining” amendments to 310 CMR 9.00 and 301 CMR 23.00. An increase in application fees under 310 CMR 9.00 is also being proposed; the modifications to 301 CMR 23.00 include less stringent scoping process procedures and a specified timeframe for completion of a consultative session. Written comments were due by Dec. 20, 1999.

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red bar graphic MICHIGAN:

Department of Environmental Quality

Proposed Rules

  • DEQ has proposed amendments to R336.1122 (adding compounds exempt from the definition of volatile organic compound), R336:1625 (revising recordkeeping requirements) and R336.2004 (removing an obsolete reference). In addition, DEQ proposes adoption of new R336.1940, R336.1941, and R336.1942, which incorporate U.S. EPA emission standards for ethylene oxide emissions from commercial sterilization and fumigation operations (40 C.F.R. Part 63 Subpart O), chromium emissions from decorative and hard chromium electroplating and anodizing tanks (40 C.F.R. Part 63 Subpart N), and asbestos (40 C.F.R. Part 61 Subpart M). A public hearing wil be held on Feb. 2, 2000; written comments are due by that date. The proposed rules (98-040EQ) may be viewed at http://www.deq.state.mi.us/aqd.

Great Lakes Protection Fund

  • DEQ is seeking, through Jan. 20, 2000, preliminary proposals for funding of research and demonstration projects through the Great Lakes Protection Fund. Applications may be submitted electronically.

red bar graphic MINNESOTA:

Pollution Control Agency

Proposed Amendments

  • MPCA has proposed amendments to Minn. Rules Parts 7001.0020, 7002.00210-.0280, and Chapter 7020 concerning animal feedlots and the storage, transportation, and utilization of animal manure. The amendments include proposed air emission plan requirements for non-livestock operations and manure storage areas with 1,000 or more animal units. They create a registration program, a permit program, requirements for counties accepting delegation to process permits, and standards for discharge, design, construction, operation and closure. A series of public hearings will be conducted in various locations from Jan. 24, 2000 through Feb. 11, 2000.

Environmental Assessment Worksheet

  • MPCA has issued an EAW on Northern State Power Company’s proposal to take coal ash, mix it with water and agricultural lime, and apply it to farm fields as a fertilizer or liming agent. The comment period ran through Jan. 12, 2000. The EAW may be viewed at http://www.pca.state.mn.us/news/eaw/index.html.

Information Meeting

  • MPCA will present information gathered through its air quality Cumulative Exposure Project on Jan. 20, 2000 at a meeting scheduled by the Minnesota Environmental Initiative. Information may be obtained at http://www.mn-ei.org/policy.html.

Availability of 1999 Emission Inventory Forms

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red bar graphic MISSOURI:

Department of Natural Resources

Air Conservation Commission; Public Hearing

  • The ACC will hold a public hearing on Feb. 8 to “hear testimony related to motor vehicle emissions inspections, the restriction of emissions from municipal solid waste landfills and other issues”. An agenda is not yet available. Written comments on proposals discussed at the hearing will be accepted through Feb. 15. See http://dnr.state.mo.us/newsrel/nr00_236.htm.

Clean Water Commission; Public Hearing

Advisory Committee on Chip Mills

  • The Advisory Committee on Chip Mills, which was established pursuant to Executive Order 98-16, received an extension untilFeb. 1, 2000 of the deadline for the submission of a final study and any recommended reforms. A draft final report was available for public review and comment from Dec. 1 through Dec. 31, 2000. The draft may be viewed at http://www.dnr.state.mo.us/deq/chipmills.

Statewide Recycling Rate

  • DNR announced that the 1998 landfill diversion rate was 27 percent (down from 30 percent the previous year) and that the recycling rate was 35 percent.

red bar graphic MONTANA:

Department of Environmental Quality

Proposed Amendments

  • DEQ has proposed adding the Boulder and East Boulder Rivers to the Impaired Waterbodies List. The comment period extends through Jan. 22, 2000.

Final Draft Remedial Investigation Report

  • DEQ has established a public comment for the Final Draft Remedial Investigation Report for the Burlington Northern and Santa Fe Railway Missoula site in Missoula. The public comment period ends Feb. 2, 2000. See http://www.deq.state.mt.us/pubcom.htm.

red bar graphic NEBRASKA:

Department of Environmental Quality

Livestock Operation Inspections, Fees

  • DEQ’s grace period for livestock producers to request an inspection of their operations and payment of an inspection fee expires Jan. 1, 2000. Afterwards, operations that have not sent in the required form and paid the fee (set by the Livestock Waste Management Act of 1998) will be subject to late fees ranging from $50 to $500 per month. The forms and instructions may be downloaded at http://www.deq.state.ne.us under “Priority Issues” or by clicking on the site map for the Livestock Waste Control Program.

Final Regulations

  • The Environmental Quality Council approved revisions to Titles 197 (Rules and Regulations for the Certification of Wastewater Treatment Operators in Nebraska) and 132 (Integrated Solid Waste Management Regulations) at its Dec. 3, 1999 meeting.

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red bar graphic NEW HAMPSHIRE:

Department of Environmental Services

Proposed Regulations

  • Jan. 18, 2000 was the deadline for public comment on proposed amendments to the solid waste management regulations; the proposal would relax or eliminate permit requirements for certain facilities such as collection centers for source separated recyclable materials, centers for source separated clean scrap metals, mobile municipal solid waste transfer stations, stump disposal facilities, and facilities that receive recyclable waste from out-of-state sources and are otherwise eligible for permit- by-notification. In addition, the proposal would delete permit application fees for all permit-by-notification facilities. A public hearing was held on Jan. 7.

red bar graphic NEW JERSEY:

Department of Environmental Protection

Division of Water Quality; Proposed FY2001 Priority System Document

  • DEP will hold a public hearing March 21, 2000 regarding the proposed FY2001 Priority System document. The Municipal Finance and Construction Element of the Division of Water Quality is developing the proposed Priority Systems document as part of the administration of the State’s Clean Water State Revolving Fund.

Sunset Review; Proposed Readoption

  • DEP has proposed the readoption, with amendments, of N.J.A.C. 7:22, which concerns financial assistance programs for environmental infrastructure facilities. The regulation contains standards of the DEP and the N.J. Environmental Infrastructure Trust governing grant and loan application procedures, as well as other requirements, for state assistance to project sponsors for the construction of environmental infrastructure facilities, including wastewater, drinking water, stormwater, and nonpoint source pollution abatement projects. A copy of the proposal will be posted by Feb. 7 at http://www.state.nj.us/dep/dwq. A public hearing will be held on March 1; written comments must be postmarked by March 8.

red bar graphic NEW MEXICO:

Environment Department

Final Amended Regulations

  • Revisions to 20 NMAC 2.72 (Construction Permit), 20 NMAC 2.74 (Prevention of Significant Deterioration) and 20 NMAC 2.79 (Nonattainment Areas) were approved by the EIB on Nov. 12, 1999 and became effective Jan. 1, 2000. The amended regulations may be viewed at http://www.nmenv.state.nm.us/frhome.html.

red bar graphic NORTH CAROLINA:

Department of Environment and Natural Resources

Proposed Regulations

  • DENR proposed, on Dec. 2, 1999, rules for consideration by the Environmental Management Commission that are intended to implement the Governor’s Clean Air Plan. The proposed rules would address emissions from power plants; two options (one, seeking a two-thirds reduction in NOx emissions from the 5 largest powerplants in the state; the other, seeking an equivalent average reduction in NOx emissions from all power plants as a whole) will be presented. A public comment period will follow.

Restraining Order

  • DENR issued, on Dec. 10, 1999, a 10-day directive to comply with a restraining order issued by an OAH judge. The order affects animal growers who spray fields at rates possibly higher than argonomic rates established in EMC rules. The rates had been increased on Nov. 5, 1999 by the Soil and Water Conservation Commission through the issuance of emergency best management practices. The BMPs, which were intended to address high lagoon levels resulting from recent flooding. They were challenged by the Southern Environmental Law Center of Chapel Hill, N.C. DEHR ordered growers to follow existing certified animal waste management plan application rates that were in use prior to the emergency BMPs. A hearing was scheduled for Dec. 20.

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red bar graphic OHIO:

Environmental Protection Agency

Proposed Regulation

  • OEPA has proposed a draft general permit for the statewide regulation of stormwater discharges associated with industrial activity. The permit (No. OHR000003) would renew Permit No. OHR000002 which became effective Aug. 9. A fact sheet and the draft permit may be viewed at http://www.epa.state.oh.us.   A public hearing has been scheduled for Feb. 7, 2000; written comments may be submitted through Feb. 6, 2000.

Draft Proposed Amendments

  • OEPA has issued for public comment draft proposed amendments that would allow open burning of waste on Kelley’s Island in Lake Erie near Sandusky from Labor Day to Memorial Day. In addition, the regulation would allow agricultural waste to be burned in a restricted area formerly part of Madison Township (Montgomery County). The rule proposal would also allow open burning as part of the making of a commercial video or film with the advance written permission of OEPA. A final draft rule change involves training at the Ohio Fire Academy. Comments are accepted through Jan. 30, 2000; a formal comment period will follow.

red bar graphic OKLAHOMA:

Department of Environmental Quality

Proposed New, Amended Regulations

  • DEQ conducted a public hearing on Jan. 13, 2000 regarding proposed new OAC 252:220-9, Verification of Brownfields. The proposed language is the result of recent legislation and sets forth the criteria by which the DEQ will verify eligibility of brownfield sites for applying for loans from the Wastewater Facility Construction Revolving Loan Account and other state funding sources. DEQ is also proposing revisions to other regulations to incorporate by reference federal regulations revised as of July 1, 1999 and to revoke provisions regarding the management of mercury-containing lamps as a universal waste. The latter standards will be replaced with the U.S. EPA criteria.

red bar graphic OREGON:

Department of Environmental Quality

Informational Meeting, TMDLs

  • DEQ scheduled, for Jan. 13, 2000 in Island City, Oregon, an informal meeting to discuss the Upper Grande Ronde River TMDL and Water Quality Management Plan and to describe the upcoming public comment process.

Environmental Quality Commission Chair

  • Melinda Eden was named chair of the Environmental Quality Commission on Jan. 5. She has served on the Commission since 1996, including 2 years as acting vice chair. Also, Harvey Bennett and Deirdre Malarkey weree named to the five-member Commission.

New Citizen Group re Hazardous Substance Site Cleanup

  • DEQ Director Langdon Marsh announced on Jan. 3 the creation of a 3-member citizen group that will examine “the way Oregon manages and finances cleanup of hazardous substance sites.” A new division will be created to exclusively address cleanup matters. Cleanup matters were previously addressed by a section of the Waste Management and Cleanup Division. Paul Slyman, current Cleanup section head, will serve as administrator of the new division.

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red bar graphic PENNSYLVANIA:

Department of Environmental Protection

Proposed Clean Water State Revolving Fund List/Plan

  • DEP and the Infrastructure Investment Authority have prepared a combined FY2000-2001 wastewater construction Project Priority List and a FY2000 Intended Use Plan. A public hearing has been scheduled for Feb. 23; written comments must be received by that date. For additional information, see http://www.pabulletin.com/secure/data/vol30/30-3/116.html.

Draft Guidance Availability

  • Comments were received through Jan. 10, 2000 on draft guidance 550-0800-001, “Pennsylvania’s Plan for Addressing Problem Abandoned Wells and Orphaned Wells”. See http://www.dep.state.pa.us (go to Public Participation Center).

  • Draft Guidance 362-033-007, “Alternate and Experimental Systems Guidance”, regarding the siting, design, and construction of alternate and experimental onlot sewage treatment systems, is available for comment through Jan. 18, 2000. And 013-2000-001, “Policy for Implementing the DEP Money-Back Guarantee Permit Review Program”, is available for comment through Jan. 4, 2000.

Corrective Amendment

  • The DEP published, in the Dec. 11, 1999 issue of the Pennsylvania Bulletin, a corrective amendment to 25 Pa. Code §121.1, to include an omitted definition of “minor operating permit modification”. The corrective amendment is effective as of April 10, 1999, the date the regulation was printed in the Bulletin.

Environmental Quality Board

Acceptance of Rulemaking Petition for Study

  • EQB accepted, at its Dec. 21, 1999 meeting, two rulemaking petitions regarding designated uses of Crum Creek (Chester & Delaware Counties) and Green Lick Run (Fayette County). Copies of the petitions are available from the EQB.

red bar graphic RHODE ISLAND:

Department of Environmental Mangement

Proposed Amendments

  • The Office of Air Resources has proposed amendments to Air Pollution Control Regulation No. 34 (“Vehicle Inspection Program”) and Safety and Emission Control Regulation No. 1 (“Vehicle Safety and Emissions Inspection Program”). The proposed amendments would set inspection fees at $47 and $23.50 for half the fleet in the first year, establishing a method to transition from the current 1-year program to a biennial program, a change in the repair cost limit, adoption of a dynamometer test consistent with that used in Massachusetts and Oregon, and the creation of pass/fail standards essentially identical to those used in Massachusetts. Written comments were due by Dec. 31, 1999. The proposed amendments may be viewed at http://www.state.ri.us/dem/reg34not.htm.

Permit Application

  • Ocean State Power has sought a minor permit modification to allow discretionary burning of low sulfur fuel oil. Written comments were due by Jan. 12; details are at http://www.state.ri.us/dem/ospnot.htm.

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red bar graphic SOUTH CAROLINA:

Department of Health and Environmental Control

Proposed Regulations

  • DHEC has proposed revisions to the solid waste management regulations to address the demonstration-of-need requirement for new and expanded municipal solid waste landfills, incinerators, industrial landfills, and C&D landfills. The regulation will also establish criteria for counties/regions and the state to apply in determining consistency with county/regional solid waste plans and with the State Solid Waste Management Plan. Informational meetings are scheduled for Jan.12, 14, 24, and 25. Comments mustbe received by Jan. 25.

red bar graphic TENNESSEE:

Department of Environment and Conservation

Proposed Regulations

  • The Division of Natural Heritage has proposed amendments to Chapter 0400-6-2 to expand the list of endangered species. Written comments are due by Feb. 8; a public hearing will be conducted on Feb. 8. Additional information may be found at http://www.state.tn.us/environment/nh/rareplan.htm.
  • The Division of Natural Heritage has proposed changes in the list of threatened plant species. Written comments are due by Feb. 8;
    a public hearing will be held that date. Additional information may be found at http://www.state.tn.us/environment/nh/planspec.htm.
  • The Division of Water Pollution Control will hold a hearing Jan. 20, 2000 to consider a new general permit for discharges of
    hydrostatic test water. The present permit is at Rule 1200-4-10- .07. The draft permit, a fact sheet, and other information may be obtained at http://www.state.tn.us/environment/wpc/wpcppo/philnot99.htm.
  • The Division of Water Pollution Control will hold public hearings Jan. 25, Jan. 31, Feb. 1, and Feb. 3 concerning a draft state
    operation permit for the application of herbicides. Application will be limited to those areas within 100 feet of boat docks, piers, boat ramps, and public facilities, as well as to navigable boat lanes.
  • The Division of Water Pollution Control will hold a public hearing Feb. 11, 2000 to address a proposed general NPDES permit for stormwater discharges from construction activities. The permit has been revised in response to comments submitted on a previous draft dated Feb. 16, 1999. Informational meetings will be held on Feb. 1, 3, and 8.
  • The Recreation Resources Division has scheduled public hearings on Jan. 19 and 25 and on Feb. 10 regarding proposed new rule 0400-10-1-.01, Parks and Recreation Technical Assistance/Planning Assistance Fees for Service to Local Governments. The draft rule may be viewed at http://www.state.tn.us/environment/new.htm.
  • The Division of Solid Waste Management has scheduled hearings on Jan. 19 and 25 and on Feb. 10, 2000 regarding proposed new rule 1200-1-18-.01, Lead Based Paint Abatement Requirements, which are intended to implement the Lead-Based Paint Abatement Act of 1997, as amended. The purpose of the proposal is to address the qualifications of individuals and firms conducting lead based paint removal activities, accredit training programs, and establish work practice standards. Fees for accreditation of training programs and certification of lead based paint contractors would also be established. The draft rules may be viewed at http://www.state.tn.us/environment/swm/swmppo/lbparh.htm.

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red bar graphic TEXAS:

Natural Resource Conservation Commission

Rule Adoption

  • TNRCC has adopted amendments to 30 TAC Chapter 1, §§1.7 (Computation of Time) and 1.11 (Service on the Judge, Parties, and Interested Persons). The amendments are adopted without changes to the proposed text published at 24 Texas Register 8907 (Oct. 10, 1999).

Proposed Revisions, 30 TAC Chapter 12

  • TNRCC has proposed an amendment to §12.3 to ensure consistency with the Texas Tax Code, as amended, by establishing a variable interest rate based on the prime rate plus one percent, in accordance with SB 13221 effective Jan. 1, 2000. A public hearing will be held on Jan. 18, 2000; comments (Rule Log No. 1999-052- 012-AD) must be submitted by Jan. 31.

Proposed Revisions, 30 TAC Chapters 114 & 117; State Implementation Plan

  • TNRCC has proposed revisions to the SIP for Central and East Texas. The proposals include extensive revisions regarding NOX emissions in Houston-Galveston, Dallas-Ft. Worth, and Beaumont-Port Arthur ozone nonattainment areas. Two statewide rules, one a requirement that model year 2004 vehicles meet more stringent emission standards, the other a mandate that by 2002 only water heaters with low-NOX emissions may be sold, are also proposed. A series of public hearings will be held from Jan. 24 through Jan. 31; written comments are due by Feb. 14. Copies of the proposed rule and SIP revisions may be found at http://www.tnrcc.state.tx.us/opdr/rules/propadop.html.

Proposed Revisions, 30 TAC Chapter 101; State Implementation Plan

  • TNRCC has proposed revisions to Chapter 101, General Rules, to specify a reporting threshold for certain compounds, require the submission of certain records concerning unauthorized emissions of air contaminants, and state under what conditions release of
    those contaminants may be exempted from state rules. A public hearing will be held on Feb. 22, 2000; comments (Rule Log No. 1999-050-101-AI) are due by Feb. 28. Additional information is at http://www.tnrcc.state.tx.us/oprd/hearings/99050101.html.

Proposed Revisions, 30 TAC Chapter 114; State Implementation Plan

  • TNRCC will hold a public hearing on Feb. 22, 2000 to consider revisions to Chapter 114, Subchapter B, §114.21, as well as the SIP, concerning Motor Vehicle Anti-tampering Requirements, Exclusions and Exceptions. Comments (Rule Log No. 1999-066-114- AI) must be submitted by Feb. 28.

Proposed Revisions, 30 TAC Chapter 331

  • TNRCC has proposed revisions to Subchapters A nd H to clarify authorization-by-rule requirements regarding Class V injection wells, and to clarify that a closed-loop injection well is a Class V well. A public hearing will be held on Feb. 23; comments (Rule Log No. 1999-009-331-WT) must be submitted by Feb. 28.

Proposed Amendments; Solid and Pathological Waste Incinerators

  • TNRCC has proposed (Rule Log. No. 99012-111-A1) revisions to 30 TAC Chapter 111, specifically 111.121, 111.125, 111.127, and 111.129 to delete the oxygen and carbon monoxide continuous emission monitoring system requirements currently applicable to incinerators burning solid waste or pathological waste. Specifically, the O2 CEMS requirements for units burning between 100 and 500 pounds per hour, and the CO CEMS requirements for units burning between 225 and 500 pounds per hour would be deleted. The proposed amendments would not affect the existing requirement that units burning more than 100 pounds per hour be equipped with a device to continuously monitor secondary chamber exhaust gas temperature. The TNRCC staff concluded that the proposed amendments would not adversely affect air quality. In a separate rulemaking, the Chapter 111 rules for hospital/medical/infectious waste incinerators will be replaced with new standards in Chapter 113 that implement the U.S. EPA Part 60 Subpart Ce standards. The proposal will also amend Section 111.127(a) to delete the requirement for continuous monitoring for O2 or CO by solid waste incineration units meeting the exemption set forth in 106.491. These units can burn up to 500 pounds per hour of paper, wood, cardboard cartons, rags, garbage (animal and vegetable wastes), and certain combustible floor sweepings generated on-site. The existing requirement for continuous monitoring by on-site pathological units that burn up to 200 pounds per hour would likewise be deleted. The proposed amendments would also confirm that all units, not merely those burning more than 100 pounds per hour, must either operate during daylight hours or install a COMS or CO CEMS. The proposal may be located at http://www.tnrcc.state.tx.us/oprd/rule_lib/pc99012.txt. Comments were due by Jan. 7, 2000; a public hearing was held on Jan. 5, 2000.

Proposed Amendments; Water Conservation Plans, Drought Contingency Plans

  • TNRCC has proposed amendments to 288.1-288.6, 288.20-288.22, and 288.30 to clarify the rules and incorporate recent statutory revisions. No public hearing has been scheduled; written comments (Rule Log No. 99037-288-WT) were to be submitted by Jan. 3, 2000. A copy of the proposal may be located at http://www.tnrcc.state.tx.us/oprd/rule_lib/pc99037.txt.

Proposed Repeal, Amendments

  • TNRCC has proposed the repeal of existing Chapter 284 regarding the regulation of certain on-site sewage facilities. The requirements are addressed in Chapter 285, which would not be revised. The Commission has also proposed amendments to Chapter 117, Control of Air Pollution from Nitrogen Compounds, to reduce emissions from cement kilns and electric utility power boilers and stationary turbines located in 34 ozone attainment counties in east and central Texas. In addition, TNRCC has proposed adoption on a statewide basis of the California Low Emission Vehicle Rule. For details, see http://www.tnrcc.state.tx.us/oprd/rules/propadop.html.

Rule Readoption Reviews

  • TNRCC has requested comment regarding Chapter 11, Contracts, in accordance with statutes that require state agencies to review and consider for readoption each of their rules every four years. Comments (Rule Log No. 99047-011-AD) should be received by Jan. 18, 2000. In addition, TNRCC is seeking comment regarding Chapter 284, Private Sewage Facilities. Comments (Rule Log No. 99067-284- WT) must be submitted by Jan. 18, 2000.

Proposed TMDL

  • TNRCC has released for public comment a report recommending a TMDL for dissolved nickel in the Houston Ship Channel System. Comments were to reference Rule Log. No. 98061-TML-WT and be submitted by Jan. 18, 2000.

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red bar graphic VIRGINIA:

Department of Environmental Quality

Proposed Amendments

  • DEQ is accepting, through Jan. 24, 2000, comments on proposed amended air emission standards for hospital/medical/infectious waste incinerators, Article 44 of 9 VAC 5 Chapter 40.

Notices of Intended Regulatory Action

  • DEQ has noticed its intent to consider amendments to 9 VAC 20- 180-10 et seq. to include regulations governing the commercial transportation of nonhazardous municipal solid waste and regulated medical waste by truck. Public comment may be submitted through Feb. 1; a formal rulemaking period will follow.
  • DEQ has noticed its intent to consider amendments to 9 VAC 20- 140-10 et seq. regarding the certification of recycling machinery and equipment for tax exemption purposes. The amendments will incorporate legislative changes, including statutory revisions enacted in 1998, 1996, 1995, 1993, and 1992. Comments may be submitted through Feb. 1, 2000. No public hearing will be scheduled.
  • DEQ has noticed its intent to consider amendments to 9 VAC 20- 130-10 et seq. regarding the development of solid waste management plans. The purpose of the proposed action is primarily to define terms relating to the recycling rate and the structure,
    methodology, and frequency of amendments to the plans. Comments may be submitted through Feb. 1, 2000; a formal rulemaking period will follow.

red bar graphic WASHINGTON:

Department of Ecology

Final Regulation

  • Ecology has adopted a rule revision that modifies fees for wastewater and stormhowater discharge permits. The final rule, which reflects recent statutory funding authorizations and continues the requirement that permit fees cover the costs of operating the permitting program, may be viewed at http://www.wa.gov/ecology/biblio/wac173224.html.

Proposed Rule Amendments

  • Ecology has proposed amendments to rules for the Model Toxics Control Act, public participation grants, and remedial action grants. Comments must be submitted by Jan. 17, 2000. In addition, Ecology has proposed amendments to Chapter 173-230 WAC, Certification of Operators of Wastewater Treatment Plants. Comments are due by Jan. 17, 2000.
  • Ecology has proposed numerous changes to the Dangerous Waste Regulations, Chapters 173-303 WAC. A number of revised federal regulations will be incorporated into the state rules. Several federal rules, specifically the Hazardous Waste Identification Rule for Contaminated Media, Post-Closure Permit Requirement and Closure Process final rule, Used oil standards, RCRA Expanded Public Participation regulations, Land Disposal Restrictions Phase IV, and the Universal Waste Rule would be incorporated with modification. Some changes to state-only requirements are also being proposed. The text of the proposal will appear in the State Register on Jan. 19; public hearings will be held on Feb. 10, 15, and 16. The deadline for receipt of written comments is Feb. 29, 2000. For further information, see http://www.wa.gov/ecology/leg/hearings.html.

Proposed General Permit

  • Ecology has proposed reissuance of a 1995 general wastewater discharge permit for the Upland Fin-fish Hatching and Rearing Industry. Written comments must be postmarked by Feb. 11, 2000. A public hearing will be held in Lacey, Washington on Feb. 10.

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red bar graphic WEST VIRGINIA:

Division of Environmental Protection

Legislative Review

  • The Legislative Rule-Making Review Committee removed from a rulemaking package a proposal that would have required poulty processing plants to comply with more stringent odor control standards. The proposal as modified goes to the House of Delegates and Senate judiciary committees; DEP can withdraw the modified rules. Existing rules provide for less stringent odor controls.

red bar graphic WYOMING:

Department of Environmental Quality

Proposed Regulations; Air Quality

  • The Environmental Quality Council will hold a public hearing on Feb. 17, 2000 regarding proposed revisions to the Air Quality Standards and Regulations; ambient standards for PM 2.5, removal of the total suspended particulate standards, and modification of the opacity standard regarding fugitive dust are under consideration. A copy of the proposal may be found at http://deq.state.wy.us/aqd.htm.
  • The Air Quality Advisory Board met on Jan. 6, 2000 to consider changes to Chapter 6, Permitting Requirements (regarding operating permits) and Chapter 7, Monitoring Regulations (concerning compliance assurance monitoring). The proposal may be located at http://deq.state.wy.us/aqd.htm.

Draft Nonpoint Source Management Plan

  • A draft revision to the Nonpoint Source Management Plan is available for written comment through Feb. 22, 2000. It may be viewed or downloaded from the DEQ’s web site at http://deq.state.wy.us. Oral comments may be presented at the meeting of the Wyoming Water and Waste Advisory Board on Feb. 24, 2000.

Public Comment, State 303(d) List

  • The Water Quality Division is seeking comment on a proposed list of impaired surface waterbodies. Written comments are due by Feb. 14, 2000. See http://deq.state.wy.us/wqd/pubcomtmdl.htm for further information.

Proposed Amendments; Noncoal Mining

  • The Land Quality Division is proposing non-substantive amendments to the Noncoal Mining regulations, Chapters 1, 2, 3, 7, 7, 9, 10 and 13. Comments must be submitted by Jan. 27, 2000; a public hearing will be held Feb. 3. See http://deq.state.wy.us/lqd/PRULREG/pn1m.htm for further information.

Proposed Regulations; Water Quality

  • Comments were due by Jan. 7, 2000 on proposed changes to the Water Quality Division Regulations, Chapter 1, Surface Water Quality Standards. The Board intends to take final action at their Feb. 24, 2000 meeting.

Special Meeting

  • The Water and Waste Advisory Board of the DEQ held a special meeting on Jan. 7, 2000 to consider possible changes to Appendix B of Chapter 1 to address site specific conditions for coalbed methane discharges in the Powder River Basin of Wyoming.