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Weekly Update Volume 30, Issue 33

11/20/2000

LITIGATION
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Note: The cases listed are available from the ELR Document Service.

red bar graphic  STANDING, FLPMA, LOW-LEVEL RADIOACTIVE WASTE (LLRW):

The D.C. Circuit held that a LLRW facility developer lacked standing to challenge Secretary of the Interior Bruce Babbitt's rescission of a previous Secretary of the Interior's record of decision approving the sale and transfer of federal land to the state of California for the construction of a LLRW facility by the developer. After a district court upheld the rescission, California elected not to appeal, but the developer went forward with its appeal. However, when redress depends on the cooperation of a third party, it becomes the burden of the appellant to show that choices will be made in such a manner as to produce causation and permit redressability. The developer has not met this burden. Only California is capable of accepting title to and taking ownership of the land. The rescission delayed California's application for direct sale of the federal land under FLPMA and, thus, terminated California's application for the facility. The developer may have lost money and time invested in the proposed facility, but such injury without more is not enough. Moreover, the developer cannot demonstrate any legally enforceable right that California must accept the land if offered and proceed with plans to build the facility on the land. U.S. Ecology, Inc. v. United States Department of the Interior, No. 99-5192 (D.C. Cir. Nov. 14, 2000) (8 pp.).

red bar graphic  NEPA, EA, RAILROADS, STANDING:

The D.C. Circuit denied two Missouri cities' petition to review the Surface Transportation Board's approval of restoration of train service over an unused 278-mile railroad line without performing an EA. The cities argued that the proposed two trains a day on the reopened line constituted a 100% increase of service that required an EA under the board's regulations. The board determined that when a line currently carries no traffic, any resumption of service represents an infinite increase of service. Therefore, drawing an analogy to reinstated service on abandoned lines, the board applied the alternative measurement of eight trains a day for triggering an EA, and, thus, decided no EA was necessary for the proposed two trains a day. Although imperfect, the board's interpretation deserves deference and is not plainly erroneous or inconsistent with the regulation. Any attempt to determine a 100% increase on zero is problematic because 100% of zero is zero. Thus, to maintain consistency with the closely analogous situation of abandoned lines, the board properly applied the alternative measurement of eight trains a day. In addition, although an EA of the restored train service apparently would only affect a line remote from the cities, the cities have standing because if an EA is required for a portion of a line, the board's practice is to conduct an EA of the entire transaction, which in this case included the line running near the cities. Lee's Summit, Missouri v. Surface Transportation Board, No. 99-1435 (D.C. Cir. Nov. 14, 2000) (5 pp.).

red bar graphic  TOXIC TORTS, STRICT LIABILITY, NEGLIGENCE, RES IPSA LOQUITUR:

The Fifth Circuit affirmed a district court's grant of summary judgment to a Louisiana sulfuric acid manufacturer, emissions from which allegedly harmed a casino and its employees. In order to complete construction of a riverboat, the casino rented riverfront space near the manufacturer. During construction, emissions from the manufacturer allegedly caused casino employees to fall ill, and, as a result, the casino had to stop construction and conduct monitoring. However, a claim under Louisiana's strict liability statute requires a showing of negligence for all activities except pile driving and explosive blasting. The evidence does not show that the manufacturer exceeded acceptable emissions limits when the employees were allegedly harmed, nor was there any evidence that the manufacturer exercised anything less than reasonable care in the operation of its plant.  In addition, the doctrine of res ipsa loquitur does not apply because the casino has failed to show that the damage caused is of the type that does not ordinarily occur in the absence of negligence. The casino failed to show its employees fell ill because of exposure to airborne chemicals, and when, as here, the cause of harm is not apparent, expert testimony must be offered to show that the harm could only have been caused by the manufacturer. The casino offered no such evidence. Likewise, the casino failed to negate the possibility that the alleged chemical exposure could not have been caused by other nearby sources. Brown v. Olin Chemical Corp., No. 00-30512 (5th Cir. Nov. 6, 2000) (5 pp.).

red bar graphic  LACEY ACT, "SALE" OF WILDLIFE, JURY INSTRUCTIONS:

The Ninth Circuit affirmed a hunting guide's felony convictions for violating the Lacey Act by providing guide services to two hunters who took caribou in violation of the Alaska law that prohibits hunting on the same day that a hunter is airborne. According to the plain language and legislative history of the Lacey Act, the "sale" of wildlife for purposes of the Act encompasses both the agreement to receive consideration for guiding or outfitting services and the actual provision of such services. The guide's argument that conviction under the Lacey Act requires that the illegal taking of wildlife must precede the sale of guide services would improperly immunize guides from criminal liability even if they became aware before the hunt that their customers intend to illegally take wildlife. In addition, the district court did not err when it instructed the jury concerning transport of illegally taken wildlife and lesser included misdemeanor violations under the Lacey Act. United States v. Fejes, No. 99-30144 (9th Cir. Nov. 14, 2000) (11 pp.).

red bar graphic  NATIVE AMERICAN LANDS, INDIAN GAMING REGULATORY ACT (IGRA), JOHNSON ACT:

The Tenth Circuit held that a variation of the game bingo, known as MegaMania, used on Native American lands is an IGRA Class II gambling device and, therefore, does not require state approval and is not an illegal gambling device under the Johnson Act. MegaMania is played on electronic stations located on Native American lands in Oklahoma and elsewhere. A game player must pay 25 cents per card to receive three numbers determined by a bingo blower and electronically transferred through a computer network. To receive further numbers, a player must pay more or "ante up." The game continues until straight bingo is won, or until an interim prize known as CornerMania is won. The tribes and the game operator retain 15% of the amount taken in by the machines. MegaMania meets the IGRA definition of a Class II bingo game because it is played with an electronic card resembling a paper bingo card, and the first person to cover the designated numbers wins. The fact that the tribes take 15% of the money paid in does not make MegaMania an illegal gambling device because the tribe is not a participant in the game and is never a winner. Further, although MegaMania can pay out more than the total amount wagered, nothing in the IGRA prohibits such an occurrence. Likewise, the interim win feature of CornerMania does not convert the game into an IGRA Class III game that requires state approval because, as with other Class II games, MegaMania is won by the first person covering the designated arrangement, such interim prizes are part of common bingo, and nothing in the IGRA prohibits interim prizes. Further, the "ante up" feature of MegaMania does not render it illegal because the statutory criteria of an IGRA Class II game does not contemplate pricing features. In addition, MegaMania is not a Class II electromechanical facsimile of bingo but a technological aid allowed under IGRA Class II. United States v. 162 MegaMania Gambling Devices, No. 99-5064 (10th Cir. Oct. 31, 2000) (30 pp.).

red bar graphic  NATIVE AMERICAN LANDS, INDIAN GAMING REGULATORY ACT (IGRA), GAMBLING MACHINES:

The D.C. Circuit held that a gambling machine, known as the Lucky Tab II, used on Native American lands should be classified under the IGRA as a Class II aid, the use of which does not require a Native American tribe to first obtain state approval in a tribal-state compact. The IGRA requires state approval for Class III facsimile machines, and the government claimed that the Lucky Tab II was a facsimile machine that mirrored the traditional game of pull-tabs. However, although the Lucky Tab II has a video screen, the screen merely displays the contents of a paper pull-tab. Instead of using a computer to select pull-tab patterns, the Lucky Tab II actually cuts paper rolls and dispenses them to players. In fact, players using the Lucky Tab II often play simultaneously with other players in the same hall who have purchased pull-tabs from clerks. Moreover, unlike some facsimile pull-tab machines, the Lucky Tab II does not play the game in its entirety, does not contain a computer, and only facilitates the playing of pull-tabs by reading a paper pull- tab and displaying its contents on a screen. Diamond Game Enterprises, Inc. v. Reno, No. 98-5516 (D.C. Cir. Nov. 3, 2000) (7 pp.). 

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

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

red bar graphic  AIR:

  • EPA entered into three proposed settlement agreements concerning regulations under CAA §126 for reducing the regional transport of ozone. 65 FR 67742 (11/13/00). 
  • EPA announced the availability of a preliminary draft of its pending guidance on delegation of federal CAA §112 hazardous air pollutant requirements to state, local, and tribal air pollution control agencies. 65 FR 68133 (11/14/00). 
  • EPA announced the availability of an Annex to the 1996 report of the Grand Canyon Visibility Transport Commission that contains a number of recommendations addressing sulfur dioxide emissions in the region. 65 FR 68999 (11/15/00). 
  • EPA approved Florida's CAA §111(d) plan for implementing and enforcing the emissions guidelines for existing hospital/medical/infectious waste incinerator units. 65 FR 68905 (11/15/00). 
  • EPA approved a revision to Missouri's CAA §111(d) plan for controlling emissions from existing municipal solid waste landfills. 65 FR 68904 (11/15/00).

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 granted interim authorization to revisions to Massachusetts' hazardous waste program under RCRA. 65 FR 68915 (11/15/00). 
  • EPA entered into an administrative settlement under CERCLA §122(i) in connection with the FMC Dublin Road Superfund site in the towns of Shelby and Ridgeway, N.Y. 65 FR 69307 (11/16/00). 
  • EPA entered into a proposed administrative settlement under CERCLA §122(g) in connection with the Operating Industries, Inc., Landfill Superfund site in Monterey Park, Cal. 65 FR 69308 (11/16/00). 

red bar graphic  MINING:

  • OSM announced its intent to amend the Abandoned Mine Land Reclamation Program Guidelines that were published on December 30, 1996, to make the guidelines easier to read and understand and to incorporate procedures found in the abandoned mine land enhancement rule that was published on February 12, 1999. 65 FR 69331 (11/16/00).

red bar graphic  RADIOACTIVE WASTE:

  • EPA announced the availability of DOE documents applicable to the characterization of transuranic radioactive waste at the Savannah River site proposed for disposal at the Waste Isolation Pilot Plant. 65 FR 67741 (11/13/00). 

red bar graphic  TOXIC SUBSTANCES:

  • EPA announced the availability of the TSCA Interagency Testing Committee's 44th Report to the EPA Administrator in which it initiated a process to identify chemicals with production volumes greater than 10,000 pounds per year that are predicted to bioconcentrate, persist, and cause ecological or human health effects. 65 FR 69133 (11/15/00).
  • The Agency for Toxic Substances and Disease Registry announced the availability of 1 new final and 6 updated final toxicological profiles of priority hazardous substances comprising the 12th set prepared by the agency. 65 FR 69309 (11/16/00).

red bar graphic  WATER QUALITY:

  • EPA promulgated a final rule to amend the Final Water Quality Guidance for the Great Lakes System to prohibit mixing zones for bioaccumulative chemicals of concern in the Great Lakes System, subject to certain exceptions for existing discharges. 65 FR 67638 (11/13/00).
  • EPA announced the availability of the administrative record file for nine TMDLs prepared for waters listed in Louisiana's Mermentau and Vermilion/Tech river basins. 65 FR 67742 (11/13/00).
  • EPA announced the availability of a draft reference dose document for methylmercury. 65 FR 68133 (11/14/00).
  • NOAA announced the dismissal of a consistency appeal under CZMA §307 from the Puerto Rico Planning Board's objection to the appellant's consistency certification for a U.S. Army Corps of Engineers permit to reconstruct a stilt house of 47 by 42 feet. 65 FR 69286 (11/16/00).
  • EPA issued a notice of final NPDES general permits for water treatment facility discharges to certain waters of Massachusetts and New Hampshire for the purpose of reissuing the current permit, which expired on January 9, 2000. 65 FR 69000 (11/15/00).

red bar graphic  DOJ NOTICES OF SETTLEMENTS:

  • U.S. v. Allied Battery Co., Nos. CV-98-N-0446-S, -2561 (N.D. Ala. Oct.10, 2000) (four settling CERCLA defendants must pay a total of $36,000 in past U.S. response costs incurred at the Carlie Lee Superfund site in Tarrant City, Ala.), 65 FR 69338 (11/16/00);
  • U.S. v. Morton International, Inc., No. 1:00CV501 (BrR) (S.D. Miss. Oct. 26, 2000) (a settling defendant that allegedly violated several state and federal laws, including the CAA, CWA, CERCLA, EPCRA, RCRA, and the SDWA, at its manufacturing facility in Moss Point, Miss., must pay a $10 million penalty to the United States and a $10 million penalty to Mississippi, must perform supplemental environmental projects valued at $16 million, must conduct a comprehensive analysis of conditions at its facility, and must perform, if necessary, corrective measures at its facility), 65 FR 69338 (11/16/00);
  • U.S. v. Puerto Rico Aqueduct & Sewer Authority, No. 00-1942 (PG) (D.P.R. Oct. 30, 2000) (a CAA defendant that violated new source performance standards for sewage treatment plants and the Puerto Rico SIP at its wastewater treatment plant in Puerto Nuevo, P.R., must pay an $80,000 civil penalty, must implement a supplemental environmental project estimated to cost $692,000, and is enjoined from operating certain units at its plant), 65 FR 69339 (11/16/00);
  • Surfrider Foundation v. Bernal, No. 99-CV-2441-BTM(JFS) (S.D. Cal. Oct. 16, 2000) (a CWA defendant that allegedly violated the Act at its water treatment plant in San Diego, Cal., must perform certain environmental studies and evaluations relating to the discharge of wastewater form the plant, and the U.S. Section of the International Boundary and Water Commission must complete a secondary sewage treatment project for the plant), 65 FR 69339 (11/16/00);
  • U.S. v. Tafton Water Co., No. 33:CV 99-263 (M.D. Pa. Oct. 30, 2000) (settling corporate SDWA defendants must pay $200,000 in civil penalties, a settling individual defendant must pay $1,000 in penalties, and all settling defendants must pay $4,417.72 to a property owners association water company for expenses it incurred in connection with the defendants' water system), 65 FR 69340 (11/16/00);
  • U.S. v. Weil-McLain, Inc., No. 3:00CV0593RM (N.D. Ind. Sept. 25, 2000) (one proposed consent decree resolves the United States' claims for costs, civil penalties, and injunctive relief against 9 settling CERCLA defendants who failed to comply with a 1995 unilateral administrative order issued by EPA, resolves claims against 43 other settling defendants for past costs incurred in connection with the Waste, Inc., Superfund site in Michigan City, Iowa, and ensures the continued implementation of the remedial action at the site that was begun under EPA's 1995 order;  a second proposed decree resolves the United States' claims against 18 other defendants for past costs incurred in responding to the disposal of municipal solid waste at the site and requires them to pay $227,000 into a special account for use in remediation of the site), 65 FR 69340 (11/16/00).

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

THE CONGRESS
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red bar graphic PUBLIC LAWS

  • S. 501 (Glacier Bay National Park), which addresses resource management issues in Glacier Bay National Park, Alaska, was signed into law by Presidenet Clinton on November 7, 2000. Pub. L. No. 106-455, 114 Stat. 1953.
  • S. 503 (Spanish Peaks Wilderness), which designates certain land in the San Isabel National Forest in Colorado as the Spanish Peaks Wilderness, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-456, 114 Stat. 1955.
  • S. 835 (estuaries), which encourages the restoration of estuary habitat through more efficient project financing and enhanced coordination of federal and non-federal restoration programs, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-457, 114 Stat. 1957.
  • S. 1088 (land conveyance), which authorizes the Secretary of Agriculture to convey certain administrative sites in national forests in Arizona, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-458, 114 Stat. 1983.
  • S. 1211 (Colorado River), which authorizes additional measures to carry out the control of salinity in the Colorado River upstream of Imperial Dam in a cost-effective manner, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-459, 114 Stat. 1987.
  • S. 1218 (mineral rights), which directs the Secretary of the Interior to issue to the Landusky School District in Montana, without consideration, a patent for the surface and mineral estates of certain lots, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-460, 114 Stat. 1988.
  • S. 1275 (Hoover Dam), which authorizes the Secretary of the Interior to produce and sell products and to sell publications relating to the Hoover Dam, and to deposit revenues generated from the sales into the Colorado River Dam fund, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-461, 114 Stat. 1989.
  • S. 1586 (Native American lands), which reduces the fractionated ownership of Native American lands, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-462, 114 Stat. 1991.
  • S. 2300 (mining), which amends the Mineral Leasing Act to increase the maximum acreage of federal leases for coal that may be held by an entity in any one state, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-463, 114 Stat. 2010.
  • S. 2950 (Sand Creek Massacre National Historic Site), which authorizes the Secretary of the Interior to establish the Sand Creek Massacre Historic Site in Colorado, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-465, 114 Stat. 2019. 
  • S. 3022 (water resources), which directs the Secretary of the Interior to convey certain irrigation facilities to the Nampa and Meridian Irrigation District in Idaho, was signed into law by President Clinton on November 7, 2000. Pub. L. No. 106-466, 114 Stat. 2024.

IN THE STATES

red bar graphic ALABAMA

Dept. of Envtl. Management

Proposed Regulations-Air 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 ARKANSAS

Dept. of Environmental Quality

10-Year Strategic Plan

red bar graphic CALIFORNIA

Air Resources Board

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 were discussed at a Nov. 16 public hearing. See http://www.arb.ca.gov

Proposed Regulations-Tier 2 Exhaust Standards

Proposed Regulations-Emission Test Procedures

Zero-Emission Vehicles (ZEVs)

Final "Smog Check" Report

Dept. of Toxic Substances Control

Proposed Regulations

  • Dec. 13-15 workshops regarding proposed regulations for treatment of aqueous waste containing cyanide. 
  • Dec. 18 comment deadline, hearing date for proposed permit modification, classification, and appeal procedure regulations. 

See http://www.dtsc.ca/gov/whats_new.html

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 was 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 was 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 was 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 was 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 was 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 emissions reduction credits, establish a baseline year, condition the regulation upon annual appropriations, and incorporate pollution prevention criteria. Public hearing was 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

DEP, Citrus Industry Agreement

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

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red bar graphic ILLINOIS

Pollution Control Board

Final Regulations-Procedural Rules

Open Regulatory Dockets

Envtl. Protection Agency

Draft TMDL

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 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

Environmental Protection Commission

Nov. 20 Meeting Agenda

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

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red bar graphic KENTUCKY

Environmental Quality Commission

Coal Slurry Spill Inquiry

Dept. for Envtl. Protection, Division of Water

Public Hearing Notices

Permit Applications

red bar graphic LOUISIANA

Dept. of Envtl. Quality

Proposed Regulations-Air Quality

  • Proposed revisions to fugitive emission requirements. Comments due Dec. 15. 

  • Proposed revisions to contingency standards for VOC emission reductions. Comments due Jan. 8. 

  • Proposed revisions to major source definition for ozone control. Comments due Jan. 8. 

See http://www.deq.state.la.us/planning/regs/addition/2000, http://www.deq.state.la.us/planning/regs/addition/2000/0011pot1.pdf, http://www.deq.state.la.us/planning/regs/addition/2000/0011pot2.pdf, and http://www.deq.state.la.us/planning/regs/addition/2000/0011pot3.pdf

Proposed Regulation

Final Regulations-Stormwater

Settlement Agreement

Permit Applications

Semiannual Regulatory Agenda

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red bar graphic MAINE

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

Final Regulations-Oil Terminals/Pipelines

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

Municipal Waste Combustor Material Separation Plans

Enforcement Actions

red bar graphic  MICHIGAN

Dept. of Envtl. Quality

Permitting Calendar

Final Regulations-Air Quality

Permit Applications-Air Quality

 Air Quality Division Newsletter

Surface Water Quality Division Bulletin

Surface Water Quality Division-Draft Regulations

red bar graphic MINNESOTA

Pollution Control Agency

Proposed Regulations-Air Quality

Permit Applications, Other Notices

Penalty Assessments

red bar graphic  MISSOURI

Dept. of Natural Resources

Proposed Regulations-Air Quality

  • Proposed revision will add U.S. EPA reference method for sulfuric acid mist. Comments due Feb. 13, 2001; public hearing Feb. 6. 

  • Proposed revisions to definitions in medical/hospital/infectious waste combustor emission standards. Comments due Feb. 13, 2001; public hearing Feb. 6. 

See http://mosl.sos.state.mo.us/moreg/2000/v25n22/v25n22.htm

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

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red bar graphic NEW JERSEY

Dept. of Envtl. Protection

Draft Surface Water Quality Standards

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

red bar graphic NEW YORK

Dept. of Envtl. Conservation

2000 State Agency Environmental Audit Report

Pesticide Reporting Law Workshops

ALJ Rulings

Environmental Notice Bulletin (Permit Applications)

Permit Applications

red bar graphic  NORTH CAROLINA

Environmental Management Commission

Final Regulations-Coastal Management

Proposed Regulations-Groundwater Quality

Dept. of Envt. and Natural Resources

Division of Air Quality Penalty Assessments

Division of Air Quality Draft Regulations

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

Proposed Regulations-Air Quality

Draft Source Water Assessment and Protection Program Document

red bar graphic OREGON

Dept. of Envtl. Quality

New Director Named

Proposed Regulations-Water Quality

Proposed Regulations-Air Quality

Water Quality Permit Applications

Proposed Regulations-General 

Public Notices-Cleanup Remedies

Public Notices-Remedial Actions

red bar graphic PENNSYLVANIA

Dept. of Envtl. Protection

Final General NPDES Permit-CAFO Operations

Final Regulations-Air

NPDES Permit Applications

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