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Weekly Update Volume 30, Issue 32

11/13/2000

LITIGATION
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red bar graphic  TSCA, PCBs, IMPROPER DISPOSAL:

The Fifth Circuit affirmed an EPA Environmental Appeals Board decision upholding an administrative law judge's (ALJ's) $1.345 million penalty assessment, less an amount paid in settlement by a co-defendant, against the former owner and operator of a recycling plant that violated TSCA's PCB disposal requirements. Although the plant discovered the PCB-contaminated soil during lead cleanup operations in 1985, it simply excavated and stockpiled the soil and left it on site until 1995 when EPA filed an administrative complaint against it ordering the removal of the soil to a disposal facility. The plant argued that EPA's TSCA claim was barred by the five-year statute of limitations because its claim accrued when the PCBs polluting the soil were "taken out of service." However, the claim did not accrue until 1995 when the plant properly disposed of the soil. In addition, the plant was properly held liable for an improper disposal under TSCA. Although the plant may not have acted alone, it actively contributed to the creation of the contaminated soil pile, and its contribution constituted an improper disposal. Last, the ALJ's application of EPA's 1990 PCB penalty policy generated a penalty that was not arbitrary, capricious, an abuse of discretion, constitutionally infirm, or otherwise illicit. Newell Recycling Co. v. United States Environmental Protection Agency, No. 99-60694 (5th Cir. Nov. 8, 2000) (10 pp.).

red bar graphic  INVERSE CONDEMNATION, FEDERAL COURT JURISDICTION:

The Fifth Circuit affirmed a district court's grant of summary judgment in favor of a local commission charged with maintaining and operating the Red River Waterway in Louisiana in an inverse condemnation suit brought against it by riparian landowners whose property was flooded after the U.S. Army Corps of Engineers raised the river's water level. The commission's role in the Red River project was limited to the acquisition of property and did not extend to control of the water level. Rather, the Corps controlled the water level. Consequently, because no evidence demonstrated that the commission caused the damage, the landowners could not prevail under Louisiana's law of inverse condemnation. In addition, the commission is not an arm of the state, thus, the Eleventh Amendment did not bar this suit in federal court. Similarly, the landowners' suit against the commission could not be severed from the commission's third-party suit against the United States and remanded to state court because the landowners failed to show any factual distinction between the primary and third-party claims. Anderson v. Red River Waterway Commission, No. 99-31334 (5th Cir. Nov. 8, 2000) (7 pp.).

red bar graphic  FLPMA, STANDING, LAND EXCHANGE, APPRAISAL:

The Ninth Circuit held that citizen groups had standing to sue to set aside a land exchange between the BLM and a mining company that violated FLPMA's valuation requirements and, therefore, the district court's dismissal and denial of a preliminary injunction was reversed. The groups' recreational and aesthetic enjoyment of federal lands is a legally protected interest whose impairment constitutes an actual, particularized harm sufficient to create an injury- in- fact. Further, if the current exchange is not based on a proper valuation, it must be set aside. Thus, even if the company and the BLM enter into a new land exchange, the groups' claim is redressable. In addition, although it was clear that the federal land offered for exchange was intended to be used as a landfill, neither the appraisal of the land nor the BLM's Record of Decision (ROD) considered the property's use as a landfill. Instead, the appraisal and ROD concluded that the highest and best use of the land was either open space or mine support, which resulted in a flagrantly undervalued land appraisal. The land exchange, therefore, was set aside. The fact that the parties consummated the land exchange a day after the district court ruling is of no consequence because they were fully advised that the transaction could be set aside by later proceedings. Desert Citizens Against Pollution v. Bisson, No. 97-55429 (9th Cir. Nov. 6, 2000) (21 pp.).

red bar graphic  FEDERAL TORT CLAIMS ACT (FTCA), DISCRETIONARY FUNCTION EXCEPTION:

The Ninth Circuit affirmed a district court decision that the FTCA's discretionary function exception barred an individual's suit against the United States to recover damages for permanent brain and disability injuries he suffered after a car ran over his tent while he was attending a festival held on federally owned land in Nevada. The BLM, which manages the land at issue, was granted the discretion to issue the event permit and, if issued, to decide the restrictions to be placed. Thus, the permit's terms and how those terms were enforced were all discretionary. Similarly, although the BLM is required to inspect and monitor the event, the manner in which the BLM monitored the event falls within the exception. No regulation required 24-hour monitoring. Additionally, there is no evidence that the BLM determined that a permit violation affecting the public health or safety had occurred, thereby requiring it to suspend the permit. Moreover, even had the BLM determined that a violation occurred, whether that violation affected public health or safety mandating the permit's suspension would necessarily include a discretionary balancing of policy considerations. Because the discretionary function exception applies, the district court lacked subject matter jurisdiction, and it properly granted summary judgment in favor of the United States. Reed v. Pershing County, No. 99-15250 (9th Cir. Nov. 2, 2000) (12 pp.).

red bar graphic  STATUTE OF LIMITATIONS, FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT (FOGRMA):

The Tenth Circuit held that DOI administrative orders requiring mineral lessees to pay additional royalties and interest on oil produced between 1980 and 1988 were not barred by the six-year statute of limitations set forth in 28 U.S.C. §2415(a) or by the FOGRMA and, thus, reversed and remanded a district court's grant of summary judgment against the government. Although in a previous case the court stated that §2415(a) applies to agency orders seeking royalty payments, this statement was dicta and cannot be regarded as binding precedent. Here, §2415(a) is inapplicable because the DOI's orders do not constitute "actions." Statutes of limitations running against the sovereign are to be strictly construed, and throughout 28 U.S.C. §2415, Congress linked the term "action" to the filing of a complaint. Moreover, the phrase "action for money damages" typically refers to judicial proceedings, and nothing in the legislative history indicates that Congress intended to ascribe a specialized meaning to the term "action" in §2415. Additionally, FOGRMA does not independently require the government to collect unpaid royalties in a timely fashion. Oxy USA, Inc. v. Babbitt, Nos. 98-5222 et al. (10th Cir. Oct. 23, 2000) (32 pp.).

red bar graphic  INSURANCE, POLLUTION EXCLUSION, LEAD PAINT:

The Eleventh Circuit affirmed a district court's grant of summary judgment declaring that an insurance company is liable for neither indemnification nor defense costs incurred by a housing authority in a suit brought by a mother whose child suffered injuries from lead paint on the walls of the authority's housing complex. Lead is a "pollutant" under the terms of the policy's pollution exclusion clause. Moreover, the alleged injury, which resulted from the ingestion and inhalation of lead from old and crumbling paint, clearly arose in the manner described in the policy, to wit, through the discharge, dispersal, release, escape, or migration of a pollutant. Thus, the pollution exclusion clause bars coverage under the policy. Auto Owners Insurance Co. v. City of Tampa Housing Authority, No. 00-10283 (11th Cir. Nov. 1, 2000) (3 pp.).

red bar graphic  NPDES PERMITS, EVIDENTIARY HEARING, PUBLIC COMMENT PERIOD:

The EPA Environmental Appeals Board denied a petition to review EPA's denial of a city's request for an evidentiary hearing on two NPDES final permit decisions covering two water treatment plants in Arizona. The city argued that it was entitled to an evidentiary hearing because the administrative record contains comments on the contested permit provisions made by the city and others. Evidentiary hearings, however, may only be granted if the issues were raised during the public comment period. Here, the contested issues were raised by the city before the public comment period commenced. Although other cities raised comments during the public comment period, their comments did not concern the NPDES permits at issue. Moreover, because the contested issues were reasonably ascertainable before the close of the public comment period, no good cause exists for the city's failure to raise those issues during the comment period. In re Phoenix, Arizona, NPDES Appeal No. 99-2 (EPA EAB Nov. 1, 2000) (28 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 NESHAPs for municipal solid waste landfills. 65 FR 66672 (11/7/00).
  • EPA revised the schedule for promulgating new source performance standards and emission guidelines for existing sources for "other" solid waste incinerator units from November 15, 2000, to November 15, 2005. 65 FR 67357 (11/9/00). 

red bar graphic  DRINKING WATER:

  • EPA determined that the Navajo Nation, through the Navajo Nation Environmental Protection Agency, is eligible to apply for primary enforcement responsibility for public water systems within the Navajo Nation under the SDWA. 65 FR 66541 (11/6/00). 

red bar graphic  ENDANGERED SPECIES:

  • FWS announced that it has added the northern sea otter found in the Aleutian Islands to the list of candidates for listing under the ESA.  65 FR 67343 (11/9/00). 

red bar graphic  HAZARDOUS WASTES AND SUBSTANCES:

  • EPA listed as hazardous two wastes generated by the chlorinated aliphatics industry: wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (VCM), and wastewater treatment sludges from the production of VCM using mercuric chloride catalyst in an acetylene-based process. 65 FR 67067 (11/8/00). 
  • EPA entered into two proposed administrative agreements under CERCLA §122(i) in connection with the Cannons Engineering Corporation site in Bridgewater, Mass.; the Cannons Engineering/Plymouth Harbor site in Plymouth, Mass.; the Gilson Road site in Nashua, N.H.; and the Tinkham's Garage site in Londonderry, N.H. 65 FR 66541 (11/6/00). 
  • EPA entered into a proposed de minimis administrative order on consent under CERCLA in connection with the PCB Treatment, Inc., Superfund site in Kansas City, Mo., and Kansas City, Kan. 65 FR 67359 (11/9/00).
  • EPA entered into a proposed administrative agreement under CERCLA §122(h)(1) in connection with the Ridgeway Logging site in Sweet Home, Or. 65 FR 67360 (11/9/00). 

red bar graphic  NATURAL RESOURCES:

  • The U.S. Forest Service issued a report, Protecting People and Sustaining Resources in Fire-Adapted Ecosystems--A Cohesive Strategy. 65 FR 67479 (11/9/00).

red bar graphic  SMCRA PROGRAM APPROVAL:

red bar graphic  WATER QUALITY: 

  • EPA assessed a class II civil penalty under CWA §309(g) of $137,500 each against two dairy companies for various discharges from the dairies into drainage channels that flow to the Prado Flood Control Basin and the Santa Ana River in California in violation of general waste discharge requirements for concentrated animal feeding operations, and for various NPDES violations relating to the construction and maintenance of containment structures, surface runoff, drainage diversion, and other operations requirements. 65 FR 67370 (11/9/00). 
  • EPA approved Wisconsin's minimum water quality standards, antidegradation policies, and implementation procedures that comply with the Water Quality Guidance for the Great Lakes System, disapproved those elements of the state's submission that were inconsistent with the guidance, and specified those portions of the guidance that the state has yet to adopt or that are inconsistent with the guidance. 65 FR 66502 (11/6/00). 

red bar graphic  WETLANDS:

  • EPA, the FWS, the National Marine Fisheries Service, and the U.S. Army Corps of Engineers issued a final policy guidance regarding the use of in-lieu-fee mitigation under CWA §404 and Rivers and Harbor Act §10 for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. 65 FR 66913 (11/7/00). 

red bar graphic  DOJ NOTICES OF SETTLEMENTS:

  • U.S. v. Acadia Woods Add. 2 Sewer Co., No. 6:98-0687 (W.D. La. Oct. 23, 2000) (a corporation, which was created by an electric cooperative association for the purpose of purchasing the assets of bankrupt CWA defendants that violated the Act and NPDES permits at more than 170 package sewage treatment plants in Louisiana, agreed to a schedule for performing repairs and improvements and for reaching compliance at all of the sewage treatment plants), 65 FR 66765 (11/7/00);
  • U.S. v. Akzo Nobel Chemicals, Inc., No. 00-0908-RV-M (S.D. Ala. Oct. 10, 2000) (settling CERCLA defendants must address groundwater and subsurface soil contamination at operable unit 2 of the Stauffer Chem (LeMoyne Plant) Superfund site located near Mobile, Ala., and must reimburse EPA for 100 percent of past and future response and oversight costs), 65 FR 66765 (11/7/00).

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

THE CONGRESS
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red bar graphic  PUBLIC LAWS

  • S. 1296 (wild and scenic rivers), which designates portions of the lower Delaware River and associated tributaries as a component of the National Wild and Scenic Rivers System, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-418, 114 Stat. 1817.
  • S. 1705 (land acquisition), which directs the Secretary of the Interior to enter into land exchanges in order to acquire from a private owner 1,240 acres of land near the City of Rocks National Preserve in Idaho so that the land can be conveyed to Idaho, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-421, 114 Stat. 1870. 
  • S. 2102 (Native American lands), which provides the Timbisha Shoshone Tribe with a permanent land base within its aboriginal homeland, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-423, 114 Stat. 1875.
  • S. 2917 (Native American lands), which settles the land claims of the Pueblo of Santo Domingo in New Mexico, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-425, 114 Stat. 1890.
  • H.R. 2348 (endangered species; fisheries), which authorizes the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins, was signed into law by President on October 30, 2000. Pub. L. No. 106-392, 114 Stat. 1602.
  • H.R. 3671 (wildlife conservation; national wildlife refuges), which amends the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act to enhance the funds available for grants to states for fish and wildlife conservation projects, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-408, 114 Stat. 1762. The law also reauthorizes and amends the National Fish and Wildlife Foundation Establishment Act and commemorates the centennial of the establishment of the first national wildlife refuge in the United States on March 14, 1903.
  • H.R. 4320 (animal conservation), which assists in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes and projects of persons with demonstrated expertise in the conservation of great apes, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-411, 114 Stat. 1789.
  • H.R. 4828 (Steens Mountain), which designates wilderness areas and a cooperative management protection area in the vicinity of Steens Mountain in Harney County, Oregon, was signed into law by President Clinton on October 30, 2000. Pub. L. No. 106-399, 114 Stat. 1655.
  • H.R. 4835 (land exchange), which authorizes the exchange of land between the Secretary of the Interior and the Director of Central Intelligence at the George Washington Memorial Parkway in McLean, Virginia, was signed into law by President Clinton on November 1, 2000. Pub. L. No. 106-412, 114 Stat. 1795. 

red bar graphic   BILLS INTRODUCED

  • H.R. 5623 (Holt, D-N.J.) (CAA) would amend the CAA to ensure that adequate actions are taken to detect, prevent, and minimize the consequences of accidental releases that result from criminal activity that may cause substantial harm to public health, safety, and the environment and to ensure that the public has access to information regarding hazardous chemicals in the community and the potential for accidental releases of those chemicals, and for other purposes. 146 CONG. REC. H11812 (daily ed. Nov. 2, 2000). The bill was referred to the Committee on Commerce. 
  • H.R. 5626 (Filner, D-Cal.) (Federal Power Act; electric rates) would amend the Federal Power Act to provide additional authority to FERC to order refunds of unjust, unreasonable, unduly discriminatory, or preferential rates and charges for electricity. 146 CONG. REC. H11842 (daily ed. Nov. 3, 2000). The bill was referred to the Committee on Commerce.

IN THE STATES

red bar graphic ALABAMA

Dept. of Envtl. Management

Proposed Regulations-Air Quality

Proposed Regulations-Water Quality

Proposed Regulations-Hazardous Waste

Approved UST Fund Contractors

Proposed TMDLs

Public Notices–Permit Applications 

Daily Ozone Forecast

Jefferson County Dept. of Health

Daily Air Quality Index

red bar graphic  ALASKA

Dept. of Envtl. Conservation

Proposed Regulations-Air

red bar graphic ARIZONA

Dept. of Envtl. Quality

Proposed Regulations-Voluntary Remediation

Draft TMDLs

Water Quality-Grant Applications

Water Quality-CWA §305(b) Report

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements

Arizona Emissions Bank

red bar graphic CALIFORNIA

Air Resources Board

Nov. 16 Board Meeting Agenda

Carl Moyer Program Guidelines

  • Proposed revisions to the guidelines, which address Program grants for the capital costs of lower-emission heavy duty vehicles and equipment, will be discussed at a Nov. 16 public hearing. See http://www.arb.ca.gov

Proposed Regulations-Tier 2 Exhaust Standards

Proposed Regulations-Emission Test Procedures

2000 California Emissions Inventory

Zero-Emission Vehicles (ZEVs)

Final "Smog Check" Report

Dept. of Toxic Substances Control

Proposed Permit-by-Rule

Management Memo Review

  • 54 "Management Memos" issued by DTSC that pertain to the Hazardous Waste Management Program. See http://www.dtsc.ca.gov

Draft Regulations-Land Use Covenants

Integrated Waste Management Board

Emergency Regulations-Disposal of Nonhazardous Waste at Hazardous Waste Landfills

Water Resources Control Board

November Board Meeting Agenda

Sanitary Sewer and Treatment Facility Survey

South Coast Air Quality Management District

Proposed Regulations-New Source Review

Proposed Regulations-Film Cleaning and Printing

  • Proposed Rule 1425 would apply to motion picture film operations using substances such as perchloroethylene for film cleaning. Workshop Nov. 15. Written comments due Nov. 29. See http://www.aqmd.gov/pub_edu/notice_r1425.html

Proposed Regulations-On-Road Motor Vehicle Mitigation Options

  • Proposed amended Rule 2202 would delete alternative fuel vehicle credits and include recently adopted Air Resources Board emission factors. The amendments are deemed necessary for Rule 2202 to become consistent with state standards. Public workshop Nov. 15. See http://www.aqmd.gov/pub_edu/notice_r2202.html

red bar graphic COLORADO

Dept. of Public Health and Environment

Revised Audit Privilege/Immunity Policy

Hazardous Waste Commission

Proposed Regulations-Universal Waste

  • Proposed extension of universal waste regulations to include mercury-containing devices, in addition to thermostats, subject of Commission hearing Nov. 21. See http://www.cdphe.state.co.us

Proposed Regulations-Treatment Sludges from Metal Finishing 

  • Proposed rules would implement U.S. EPA standards for 180-day accumulation time for waste water treatment sludges from the metal finishing industry. See http://www.cdphe.state.co.us

House Bill 00-1306 Implementation

  • Draft prioritization criteria for the implementation of provisions of bill authorizing state authority to clean up "orphan" sites available for comment through Nov. 17; will be considered at Commission hearing Nov. 21. See http://www.cdphe.state.co.us/hm/rp_gen.asp

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. 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. 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. See http://www.cdphe.state.co.us/op/Reg5_8-00.html
  • Proposed redesignation request and maintenance plan for the Aspen PM-10 nonattainment area. Jan. 11, 2001, is the hearing date. See http://www.cdphe.state.co.us/op/aspenpm10hear.html
  • Proposed revisions to Regulation No. 6, Part A, to adopt U.S. EPA revisions and updates regarding control of Hazardous Air Pollutants (HAPs). Jan. 11, 2001, is the hearing date. See http://www.cdphe.state.co.us/op/Reg6Ahear.html

Water Quality Control Commission

Proposed Regulations

red bar graphic DELAWARE

Dept. of Nat. Resources and Envtl. Control

Notices of Violation

Regulatory Update

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red bar graphic FLORIDA

Dept. of Envtl. Protection

Drinking Water Operator Certification

Stormwater Regulation

Reuse Reports

red bar graphic GEORGIA

Dept. of Natural Resources, Envtl. Prot. Division

Proposed Regulations-Air Quality

Proposed Regulations-Water Quality

Air Permit Applications

NPDES Permit Applications

red bar graphic HAWAII

Office of Envtl. Quality Control

Environmental Impact Notices

red bar graphic IDAHO

Dept. of Envtl. Quality

Outstanding Resource Waters-Petitions

Risk Based Corrective Action

red bar graphic ILLINOIS

Pollution Control Board

Open Regulatory Dockets

Nov. 16 Board Agenda

Envtl. Protection Agency

Chicago Nonattainment State Implementation Plan (SIP)

Draft TMDLs

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

Proposed Regulations-Air Quality

  • Adds 326 IAC 20-30 concerning NESHAPs for oil and natural gas production. Adds 326 IAC 20-31 concerning natural gas transmission and storage. Adds 326 IAC 20-32 concerning POTWs.
  • Amends 326 IAC 6-1 concerning nonattainment area particulate limitations.
  • Amendments to rules concerning sulfur dioxide (SO2) emission limitations in Lake County.

Final Regulations-Solid Waste

  • Adds 329 IAC 15 to establish requirements for management of waste tires, including requirements adopted in Public Law 93-1998. Repeals 329 IAC 12-5 and 329 IAC 12-6. Note: Under IC 4-22-2-40, LSA Document #98-96, printed at 22 IR 3137, was recalled by the Solid Waste Management Board. This document was revised and readopted.

Final Regulations-Water Quality

  • Adds 327 IAC 5-16, 327 IAC 5-17, 327 IAC 5-18, 327 IAC 5-19, 327 IAC 5-20, and 327 IAC 5-21 concerning  industrial wastewater pretreatment in order to comply with the federal regulations and to acquire federal delegation of the state's pretreatment program. Repeals 327 IAC 5-11, 327 IAC 5-12, 327 IAC 5-13, 327 IAC 5-14, and 327 IAC 5-15.
  • Amends 327 IAC 5-2-11.7 concerning Great Lakes system dischargers interim antidegradation implementation procedures for outstanding state resource waters.

Proposed Regulations-Water Quality

  • Adds 327 IAC 16 concerning confined feeding operations.

The above notices may be viewed at http://www.state.in.us/legislative/register/November-1-2000.html

Indiana Environment Online

Upper White River Watershed

red bar graphic IOWA

Dept. of Natural Resources

Final Regulations-Water Quality

Proposed Regulations-Water Quality

  • Proposed regulations would implement Onsite Wastewater State Revolving Fund, to provide low-interest loans to private individuals needing to update or replace their existing onsite septic systems. Comments were due Oct. 24. See http://www.state.ia.us/epd/wtrsuply/septic.htm

red bar graphic KENTUCKY

Dept. for Envtl. Protection, Division of Water

Public Hearing Notices

Permit Applications

red bar graphic LOUISIANA

Dept. of Envtl. Quality

Proposed Regulations

Final Regulations-Stormwater

Permit Applications

Semiannual Regulatory Agenda

red bar graphic MAINE

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

Final Regulations-Oil Terminals/Pipelines

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red bar graphic MARYLAND

Dept. of the Environment

Proposed Regulations-Soil/Groundwater Cleanup Standards

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

Permitting Calendar

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

Permit Applications, Other Notices

Penalty Assessment

red bar graphic  MISSOURI

Dept. of Natural Resources

Water Pollution Control-Permit Applications

red bar graphic MONTANA

Dept. of Envtl. Quality

Public Comment Notices

red bar graphic NEBRASKA

Dept. of Envtl. Quality

Proposed Regulations-Hazardous Waste

Settlement Agreement

Proposed Regulations

red bar graphic NEVADA

Division of Envtl. Protection

Proposed Regulations

red bar graphic NEW JERSEY

Dept. of Envtl. Protection

Draft Watershed Management Rules

Current DEP Bulletin (Permit Applications; Proposed Regulations)

red bar graphic NEW MEXICO

Water Quality Control Commission

Proposed Regulations-Liquid Waste Disposal

Proposed TMDLs

red bar graphic NEW YORK

Dept. of Envtl. Conservation

Pesticide Reporting Law Workshops

Environmental Notice Bulletin (Permit Applications)

Permit Applications

red bar graphic  NORTH CAROLINA

Environmental Management Commission

Proposed Regulations-Groundwater Quality

Dept. of Envt. and Natural Resources

Division of Air Quality Penalty Assessments

DENR Enforcement Data

Water Quality-Basinwide Assessment Reports

red bar graphic OHIO

Envtl. Protection Agency

OPEA Actions, Notices by County

Public Meetings

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

Public Notices-Remedial Actions

red bar graphic PENNSYLVANIA

Dept. of Envtl. Protection

Final Regulations-Interstate Ozone Transport

Final General NPDES Permit-CAFO Operations

Final Regulations-Air

NPDES Permit Applications

Water Quality Standard Review

General Permit Extension-Stormwater

Draft Technical Guidance Documents

red bar graphic SOUTH CAROLINA

Dept. of Health and Envtl. Control

Permit Application Notices

red bar graphic  TENNESSEE

Dept. of Environment and Conservation

Draft Environmental Justice Plan

Proposed TMDL

Permit Applications

Grant Availability-Recycling Marketing

red bar graphic  TEXAS

Natural Resource Conservation Commission

Stormwater Program-Delegation

TNRCC, Airlines Agreement

Proposed Regulations

Permit Hearings

Public Hearings Proposed Rules

Sunset Advisory Commission

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

Proposed Regulations-Solid Waste Management

Proposed Regulations-Dispute Resolution

Proposed Regulations-Water Quality

Proposed Regulations-TMDLs

Proposed Regulations-VPDES General Permits

Proposed Regulations-Air Quality

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