Weekly Update Volume 30, Issue 4
Note: The cases listed are available from the ELR Document Service.
CERCLA, INNOCENT LANDOWNER DEFENSE, "FACILITY":
The Sixth Circuit reversed in part and affirmed in part a district court grant of summary judgment to the government in a CERCLA action against owners of a farm where EPA incurred response costs removing toxic waste. The owners raised a genuine issue of material fact as to each element of the CERCLA innocent landowner defense. As to farm property acquired by inheritance, the government presented no evidence of a hazardous substance release after the property’s acquisition. The owners presented evidence that a state environmental agency stated that the land did not require remedial action. And the government failed to show that the property was inaccessible to third parties. Likewise, as to farm property acquired by quitclaim deed in order to consolidate family land, the record contains no evidence of the customary practice in such family transactions, the purchase price, or the property’s value if uncontaminated. Therefore, the appropriateness of the owners’ inquiry prior to purchase is inconclusive. However, the court upheld the government’s lien on the entire property instead of the one contaminated parcel because nothing indicated that the farm was ever considered three cartographically-denominated parcels that constituted a natural division into multiple parts. In addition, evidence revealed EPA’s response costs to be proper, and the government’s lien did not violate the owners’ due process rights. United States v. 150 Acres of Land, No. 98-3160 (6th Cir. Jan. 20, 2000) (15 pp.).
CERCLA, INSURANCE, SUCCESSOR LIABILITY:
A Wisconsin appellate court held that an insurance company need not indemnify or defend a food flavoring company under insurance policies issued to the company’s predecessor for claims arising out of the company’s liability at an NPL site. The company was not a named insured under the policies, and the company was never assigned the insurance policies under its sales agreement with the predecessor. Moreover, the benefits of the insurance policies were not transferred to the company by operation of law. Wisconsin has explicitly rejected the product-line successor liability exception to the rule against successor liability, and the company’s argument that insurance benefits follow liability is based on case law that has been rejected by several courts. Red Arrow Products Co. v. Employers Insurance of Wausau, No. 98-3628 (Wis. Ct. App. Jan. 19, 2000) (8 pp.).
DUE PROCESS, DAMAGE MITIGATION, LOST PROFITS, SOIL DECONTAMINATION:
The D.C. Circuit reversed a district court order granting the D.C. government a new trial in a case where a jury required the district to pay a soil decontamination firm $5 million for violating the firm’s due process rights by unlawfully suspending a building permit. To the extent that the district court based the new trial decision on the firm’s failure to mitigate damages by pursuing administrative remedies to reinstate the permit, the district court abused its discretion. The firm’s alleged failure to mitigate was properly submitted to the jury, and the jury could have found that the firm justifiably did not seek permit reinstatement because the permit review board might not have acted impartially due to political influence. Further, the firm produced sufficient evidence to avoid the district court’s characterization of its lost profits evidence as too speculative and remote. Moreover, considering the firm’s costs and lost profits, the jury’s award was reasonable and not a shock to the judicial conscience. Tri County Industries, Inc. v. District of Columbia, No. 99-7028 (D.C. Cir. Jan. 18, 2000) (6 pp.).
PRICE ANDERSON ACT, SUBJECT MATTER JURISDICTION, REMOVAL, DISCOVERY:
The Fifth Circuit held that the Price Anderson Act confers exclusive federal jurisdiction over all claims related to uranium mining, and, therefore, mining companies properly removed two large class action personal injury claims against them to federal district court. Under the Price Anderson Act, federal courts have jurisdiction over any public liability action arising out of a nuclear incident. The Act’s definition of "nuclear incident" encompasses any personal injury, such as the claims in the case at hand, arising out of the toxic, radioactive, explosive, or other hazardous properties of atomic materials. In addition, under Fed. R. Civ. P. 16, it is within a federal district court’s discretion to require the class action plaintiffs to provide expert support for the details of each plaintiff’s claims. Because the affidavits provided by the plaintiffs did not provide the required information, the district court did not err in refusing to allow discovery to proceed. Acuna v. Brown & Root, Inc., Nos. 98-51073, -51133 (5th Cir. Jan. 11, 2000) (6 pp.).
NUCLEAR WASTE STORAGE, STATE LEGISLATIVE APPROVAL:
A Minnesota appellate court affirmed a state public utility commission’s authorization of the modification of a nuclear power plant’s nuclear storage permit without state legislative approval. Although statutory provisions reserve nuclear storage control for the legislature, when the legislature granted the plant’s use of interim storage methods in 1992, it also explicitly ratified the commission’s limited certificate of need for that storage. The certificate of need reserved for the commission the authority to modify off-load storage space, and the legislature’s ratification implies ratification of the commission’s authority over this issue, including the power to repeal, amend, or change the storage requirement as it sees fit. Further, there is nothing in the legislation indicating that the legislature intended a particular shutdown date for the plant. Moreover, administrative procedures do not require the plant to raise its proposal for increased storage through a certificate of need. Because the plant’s proposal does not trigger legislative approval, it only follows that the storage proposal does not trigger the requirement of a certificate of need. In re Application of Northern State Power Co. for Approval of its 1998 Resource Plan, No. C0-99-917 (Minn. Ct. App. Jan. 18, 2000) (6 pp.).
NATURAL GAS ACT (NGA), NEPA, PIPELINE CONSTRUCTION:
The D.C. Circuit denied a gas company’s petition to review two FERC orders granting a competing gas company’s application to construct a pipeline to service two Alabama cities that the petitioning company serviced and denying the petitioning company’s alternative proposals for serving the cities. Under NEPA, FERC took the required hard look at the environmental alternatives to the pipeline and reasonably concluded that other values outweighed the pipeline’s limited environmental costs. Likewise, FERC did not err under NEPA by rejecting the petitioning company’s claims of the economic superiority of its own alternatives. FERC reasonably concluded that introducing competition to the cities would result in lower prices and better service. Moreover, FERC properly authorized rolling the cost of the pipeline construction into the new company’s system-wide rates. Substantial evidence supports FERC’s findings of system-wide benefits and minimal rate impact. Further, FERC dismissed the existing company’s petitions to expand because of failure to comply with procedural and informational regulations. In addition, FERC did not improperly authorize the new company to exercise eminent domain in violation of the Fifth Amendment to the U.S. Constitution. Midcoast Interstate Transmission, Inc. v. Federal Energy Regulatory Comm’n, Nos. 98-1603 et al. (D.C. Cir. Jan. 18, 2000) (12 pp.).
NATURAL GAS ACT (NGA), NEPA, HISTORIC PRESERVATION, PIPELINE CONSTRUCTION:
The D.C. Circuit denied a property owner’s petition to review FERC’s authorization of the construction of a pipeline that would traverse the owner’s historic property. Although the owner’s petition for review did not refer to the FERC certificate order authorizing the pipeline, the court has jurisdiction because the owner’s motion to stay the pipeline provided FERC with notice of the owner’s intent to seek review of the certificate order. However, contrary to the owner’s assertions, a NEPA regulation does not require FERC to affirmatively address the consistency of proposed projects with state or local environmental plans. Moreover, no such inconsistency was raised before FERC. In addition, although an NGA regulation states that pipelines should avoid places listed on the National Register of Historic Places, FERC properly approved the pipeline after considering the impact on the historic property as well as the practicality of an alternative route. FERC rejected the alternative route because it required the development of a new right-of-way in contravention of an NGA regulation that requires the utilization of existing rights-of-way. Martin v. Federal Energy Regulatory Comm’n, No. 98-1398 (D.C. Cir. Jan. 25, 2000) (5 pp.).
FEDERAL POWER ACT (FPA) §205(a), NEPA, STANDING:
The D.C. Circuit held that a Native American council and an environmental group lacked standing under the FPA and NEPA to challenge the environmental consequences of FERC’s authorization of a Canadian power generator’s sale of power in the United States at market-based rates. Environmental interests are insufficient to afford the council and the group prudential standing to press their claims under FPA §205(a)’s rate schedule provision. FERC’s refusal to consider environmental claims under §205(a) is valid because rate setting’s environmental consequences are addressed under other FPA provisions. Further, environmental interests are not congruent with, and may frustrate, §205(a)’s purpose of balancing the interests of power consumers and producers. Moreover, the FERC authorization at issue will not preempt state regulation from which the group’s members benefit. Similarly, the council’s and the group’s environmental interests are not within NEPA §102(2)(c)’s zone-of-interests as applied to FPA §205. NEPA §102(2)(c) merely ensures that FERC considers the environmental concerns that it is already authorized to consider by the FPA. Thus, the zone-of-interests of NEPA’s EIS requirement can be examined in this case only in conjunction with FPA §205, which does not consider environmental concerns. Grand Council of the Crees v. Federal Energy Regulatory Comm’n, No. 98-1280 (D.C. Cir. Jan. 11, 2000) (9 pp.).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ENVIRONMENTAL IMPACT REPORT (EIR), MOOTNESS, SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT:
A California appellate court affirmed a trial court’s decision ordering a city to prepare an EIR under CEQA for a company’s construction of car wash in a residential neighborhood even though the company completed construction without obtaining the EIR. Completion of construction did not render the case moot. The EIR can provide the neighborhood association that challenged construction with relief because it could result in the mitigation of the car wash’s adverse impacts or removal of the car wash altogether. Further, it would not be sound public policy to allow a party to avoid CEQA by delaying preparation of an EIR and then arguing the case is moot because the project is complete. Moreover, the administrative record presented substantial evidence supporting the association’s argument that the car wash conflicts with adopted environmental plans and community goals, and, as a result, may have a significant adverse environmental impact. Therefore, an EIR was required. Woodward Park Homeowners Ass’n v. Garreks, Inc., No. F032200 (Cal. Ct. App. Jan. 20, 2000) (29 pp.).
MONTANA ENVIRONMENTAL POLICY ACT (MEPA), SUPPLEMENTAL EIS (SEIS), SIGNIFICANT NEW CIRCUMSTANCES:
The Montana Supreme Court held that the state department of transportation’s decision not to prepare an SEIS for a highway interchange in Helena, Montana, was arbitrary and capricious and in violation of MEPA and its regulations. The department did not make a reasoned decision based on all relevant factors when it concluded that the SEIS was not necessary. Since the original EIS for the interchange in 1992, the change in traffic patterns, development around a separate but key interchange, the city’s development patterns, and the proposed alternatives to the interchange constituted significant new circumstances that required an SEIS. Montana Environmental Information Center, Inc. v. Montana Department of Transportation, No. 99-422 (Mont. Jan. 11, 2000) (16 pp.).
LAND USE, INVERSE CONDEMNATION:
The Montana Supreme Court affirmed a state district court decision upholding a town council’s denial of a company’s application for the approval of a preliminary subdivision plat for the construction of a recreational vehicle park. The participation of an allegedly biased councilman in the council vote denying the plat application did not constitute error requiring the vacation of the council’s decision. Although the councilman expressed doubts about the project, his statements did not indicate an irrevocably closed mind on the subject of the application. Further, the council’s findings were timely and properly a part of the district court’s review. Moreover, the council’s decision denying the application was not arbitrary, capricious, or unlawful because the subdivision plat conflicted with the town plan, expert testimony raised serious questions about adding the subdivision’s waste to the town’s sewage treatment system, and the admission of a postdated letter at the council hearing did not constitute error. Last, the company did not allege facts from which the court could find that it suffered a taking by inverse condemnation. Madison River R.V., Ltd., v. Town of Ennis, No. 99-167 (Mont. Jan. 20, 2000) (10 pp.).
ZONING, CITY-OWNED EASEMENTS:
A Minnesota appellate court held that a city did not arbitrarily or capriciously deny a developer’s applications for wetlands and conditional use permits needed to build a hotel on a city-owned drainage easement. The record supports safety concerns regarding access to the parking lot and the rear of the proposed buildings and provides the city with a rational basis for denying the applications. Moreover, the city has wide discretion in deciding whether to vacate city-owned easements, and the developer failed to demonstrate the extreme circumstances necessary for a finding of manifest abuse by the city in this case. Sampson Properties, L.P. v. City of Mendota Heights, No. C9-99-1015 (Minn. Ct. App. Jan. 25, 2000) (4 pp.)
Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved.
Note: Citations below are to the Federal Register.
- EPA proposed to determine that the Cincinnati-Hamilton moderate ozone nonattainment area has attained the public health-based one-hour ozone NAAQS. 65 FR 3630 (1/24/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_15
- EPA proposed to amend the aerospace manufacturing and rework facilities NESHAP to include a separate emission standard for exterior primers used for large commercial aircraft components or fully assembled large commercial aircraft at existing facilities that produce fully assembled large commercial aircraft. 65 FR 3642 (1/24/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_16
- EPA proposed to amend the 1998 pulp and paper NESHAP by adding equivalent compliance alternatives. 65 FR 3907 (1/25/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr25ja00_24
- EPA certified urban bus retrofit/rebuild equipment for 4-stroke petroleum fueled diesel engines from the Englehard Corporation. 65 FR 4959 (2/2/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr02fe00_65
HAZARDOUS WASTES AND SUBSTANCES:
- EPA entered into a proposed administrative settlement under CERCLA §122(h)(1) in connection with the Uniroyal Hill Street site in Mishawaka, Ind. 65 FR 3709 (1/24/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_57
- EPA entered into a proposed administrative order on consent under CERCLA §§104, 106(a), 107, and 122 in connection with the Peele-Dixie Wellfied site in Broward County, Fla. 65 FR 4819 (2/1/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr01fe00_52
- EPA entered into a proposed administrative settlement under CERCLA §112(h) in connection with the Former Witter Company site in Asbury, Mo. 65 FR 5340 (2/3/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03fe00_76
SMCRA PROGRAM APPROVALS:
- Pa., 65 FR 4882 (2/2/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr02fe00_13
- EPA promulgated FWPCA effluent limitations guidelines and standards for wastewater discharges from the commercial hazardous waste combustor segment of the waste combustion industry. 65 FR 4360 (1/27/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr27ja00_7
- EPA proposed to revise the water quality planning and management regulation to remove the requirement that states, territories, and authorized tribes submit lists of impaired and threatened waterbodies to EPA for review by April 1, 2000. 65 FR 4919 (2/2/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr02fe00_34
- EPA announced the availability of Virginia’s continuing planning process for public comment. 65 FR 4972 (2/2/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=r02fe00_72
- The U.S. Forest Service and the U.S. Fish and Wildlife Service (FWS) proposed to revise regulations for seasons, harvest limits, methods, and means related to the taking of fish and shellfish for subsistence uses during the 2001 regulatory year. 65 FR 5196 (2/2/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr02fe00_41
- FWS denied a petition to delist the northern spotted owl from the list of endangered and threatened species. 65 FR 5298 (2/3/00). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03fe00_32
DOJ NOTICES OF SETTLEMENT:
- U.S. v. Ambroid Co., No. 97-11377-JLT (D. Mass. Jan. 13, 2000) (settling CERCLA defendants must pay $50,000 in past U.S. response costs incurred in connection with a drum removal action performed at the Yankee Chemical Superfund site in Taunton, Mass., to the Hazardous Substances Superfund), 65 FR 3738 (1/24/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_94
- U.S. v. Amity Products Carriers, Inc., No. 00-11-P-H (D. Me. Jan. 7, 2000) (an OPA defendant that owned a tank vessel that discharged oil into the Fore River in Maine after it collided with a bridge must pay $1 million to an oil spill restoration account, which will be used by federal and state natural resource trustees to plan, implement, or oversee restoration of the natural resources injured by the spill), 65 FR 3738 (1/24/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_95
- U.S. v. Didion Million Co., No. 99-C-261-C (W.D. Wis. Jan. 6, 2000) (a CAA defendant that owns a grain transfer facility in Prairie du Chien, Wis., must pay a $107,500 civil penalty), 65 FR 3739 (1/24/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_96
- U.S. v. Odabashian, No. 95-2361 G/Bre (W. D. Tenn. Dec. 17, 1999) (a settling CERCLA defendant must pay $100,000 in past costs incurred by EPA during a cleanup of the Pulvair Corporation Superfund site in Millington, Tenn.), 65 FR 3739 (1/24/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr24ja00_97
- U.S. v. Atkemix Thirty-Seven, Inc., No. 99-2673-Civ-T-24B (M.D. Fla. Nov. 23, 1999) (CERCLA defendants must pay the government’s remaining past response costs incurred in connection with the Stauffer Chemical Superfund site in Tarpon Springs, Fla., and must pay future response costs), 65 FR 3975 (1/25/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr25ja00_65
- U.S. v. Intalco Aluminum Corp., No. CS-99-0324 (E.D. Wash. Nov. 17, 1999) (a CERCLA defendant must pay $3.1 million in past U.S. Forest Service response costs incurred at the Holden Mine site located in the Wenatchee National Forest in Chelan County, Wash., and must perform or fund the remedial action and feasibility study selected for the site), 65 FR 3975 (1/25/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr25ja00_66
- U.S. v. Jupiter Oil Corp., No. 98-CV-72684-DT (E.D. Mich. Jan. 6, 2000) (SDWA defendants that violated various reporting requirements and mechanical integrity demonstration requirements must achieve and maintain compliance with the SDWA and applicable requirements, must comply with the terms of its underground injection control permit for a well located in St. Clair County, Mich., and must pay a $50,000 civil penalty), 65 FR 3976 (1/25/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr25ja00_67
- U.S. v. Production Plated Plastics, Inc., No. K87-CV-138 (W.D. Mich. Jan. 3, 2000) (a RCRA defendant that either owned or operated a manufacturing facility in Richland, Mich., where hazardous waste was stored and disposed of in violation of the Act must pay $100,000 to the United States), 65 FR 3976 (1/25/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr25ja00_68
- In re Cuyahoga Equipment Corp., Nos. 86-12206 et al. (Bankr. S.D.N.Y. Jan. 11, 2000) (the Chapter 11 bankruptcy trustee of the estate of two debtors that are liable under CERCLA must pay $1 million to the EPA Hazardous Substances Superfund in connection with U.S. response costs incurred in connection with the Publicker Industries, Inc., Superfund site in Philadelphia, Pa.), 65 FR 4438 (1/27/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr27ja00_64
- U.S. v. Koch Industries, Inc., No. H 95-1118 (S.D. Tex. Jan. 13, 2000) (an FWPCA defendant that discharged oil and related petroleum products as a result of numerous spills from oil and refined petroleum products pipelines and related pipeline facilities must pay $30 million in civil penalties, must perform injunctive relief, and must expend at least $5 million to perform a number of environmental projects in Kansas, Oklahoma, and Texas), 65 FR 4439 (1/27/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr27ja00_66
- U.S. v. Las Vegas Paving Corp., No. CVS-00-0049-DWH-LRL (D. Nev. Jan. 10, 2000) (a CAA defendant that installed and operated five internal combustion engines at its Lone Mountain facility in Clark County, Nev., in violation of the Nevada SIP, installed and operated affected facilities at its Apex facility in Clark County, and violated new source performance standards notification and performance test requirements must pay a $82,000 civil penalty, must apply timing retardation to one engine and conduct a source test on that engine, must apply for permits for two engines, and must cease the operation of three engines until it applies for permits for those engines), 65 FR 4440 (1/27/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr27ja00_67
- U.S. v. City of Los Angeles, No. 77-3047-HP (C.D. Cal. Dec. 30, 1999) (one FWPCA defendant that violated pretreatment requirements must pay a $236,000 civil penalty and perform supplemental environmental projects estimated to cost $15 million, and a second FWPCA defendant that violated pretreatment requirements must pay a $137,000 civil penalty and perform a supplemental environmental project estimated to cost $2.1 million), 65 FR 4440 (1/27/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr27ja00_68
- U.S. v. Sparton Technology, Inc., No. CV 97-0206 (D.N.M. Jan. 18, 2000) (a RCRA and SDWA defendant must perform comprehensive corrective action to address groundwater and soil affected by contamination emanating from its facility in Albuquerque, N.M., and must pay $1,675,000 in civil penalties), 65 FR 4440 (1/27/00); http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr27ja00_69
Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved.
Department of Environmental Management
Public Notices-Permit Applications
- Jackson Landfill Company, Clarke County, for renewal of construction/demolition debris landfill permit; maximum average daily volume 150 tons per day; service area of 6 counties. Comment period ends March 8, 2000. For details, see http://www.adem.state.al.us/2jacland.html
- Temple-Inland Forest Products Corp., Monroe County, for Title V permit. Comment period ends March 10. For details, see http://www.adem.state.al.us/2templei.html
- Good Hope Contracting Co., Inc., Etowah County, for air permit for construction/operation of an asphalt plant. Comment period ends Feb. 25, 2000. For details, see http://www.adem.state.al.us/2goodhop.html
- Florida Gas Transmission Co., Mobile County, for air permits for modification of a natural gas compression facility. Comment period ends Feb. 17, 2000. For details, see http://www.adem.state.al.us/2florgas.html
- TVA, Limestone County, for renewal of a permit for operation of a construction/demolition debris facility to serve the Browns Ferry Nuclear Plant. Comment period ends March 7, 2000. For details, see http://www.adem.state.al.us/2tvabrow.html
- Craftwood Designs, Inc., Marion County, for Title V permit. Comment period ends March 2, 2000. For details, see http://www.adem.state.al.us/2craftwo.html
- Owen-Benton Furniture, Winston County, for Title V permit. Comment period ends March 2, 2000. For details, see http://www.adem.state.al.us/2owenben.html
- Houston Wood Products, Inc., Winston County, for Title V permit. Comment period ends March 2, 2000. For details, see http://www.adem.state.al.us/2houston.html
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 operator 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.
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”.
- 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
- DEC has requested water quality information through Feb. 15, 2000 in order to assist it in preparing a statewide water quality assessment. See http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm for further information.
Department of Natural Resources
Proposal to Sell Parcels at Auction
- DNR has proposed sale at public auction of 13 delta-area agricultural parcels ranging in size from 40 to 860 acres. All of the parcels were previously sold or assigned for agricultural use and were subsequently returned to state ownership. Comments on the proposed sale may be submitted by March 15. For details, see http://www.dnr.state.ak.us/pic/pn/ag0201.html
- 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.
Department of Environmental Quality
Proposed Consumer Confidence Report Rule
- DEQ has changed several of the public hearing dates on the proposed Consumer Confidence Report rule. For the revised dates, times, and locations of the public hearings, see http://www.adeq.state.az.us/lead/oac/stat.html
Notice of Final Rulemaking–Vehicle Emissions Testing
- DEQ has posted revised final regulations governing vehicle emissions testing in the Phoenix and Tucson metropolitan areas. For details, see http://www.adeq.state.az.us/lead/oac/stat.html
- 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.
Department of Environmental Quality
Notice of Enforcement Actions
- Comments are due by Feb. 10, 2000 on proposed consent administrative orders and notices of violation. See http://www.adeq.state.ar.us
- 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.
Environmental Protection Agency
- CalEPA has established a schedule for 2000 meetings of the Site Designation Committee. See http://www.calepa.ca.gov/programs/SiteDesig/schedule.htm.
Air Resources Board
Public Transit Buses Rule Proposal
- ARB has postponed the public hearing on the Public Transit Buses proposed bus fleet rule and engine standards. The new hearing date is Feb. 24, 2000. For details, see http://www.arb.ca.gov/msprog/bus/bus.htm
Proposed Rule–Agricultural Burning Guidelines
- ARB has set March 23 for a public hearing on proposed agricultural burning regulations. For details, see http://www.arb.ca.gov/regact/agburn/agburn.htm
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 Comment Deadline
- 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
- 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.
- 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.
Dept. of Water Resources
California Water Plan Update
- Public meetings to discuss the next California Water Plan Update (which must be prepared every five years pursuant to the Water Code), have been scheduled. Meetings are scheduled for San Bernardino (Feb. 7), Palm Desert (Feb. 8), San Diego (Feb. 9), Los Angeles (Feb. 14), Bakersfield (Feb. 15), and Fresno (Feb. 16). For details, and the current plan, see http://wwwdwr.water.ca.gov
Water Resources Control Board
Notice of Board Meeting–Inland Surface Waters, Bays, and Estuaries
- The Board will consider, at is March 2, 2000 meeting, adoption of a proposed policy for water quality entitled "Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California". The purpose of the proposed policy is to establish (1) statewide implementation provisions for priority toxic pollutant standards; and (2) statewide toxicity control provisions. Comments are due by Feb. 16. The draft policy may be viewed at http://www.swrcb.ca.gov
Bay-Delta Water Rights Hearing
- Phase 8 of the Bay-Delta Water Rights Hearing, which addresses responsibilities of water rights holders in the Sacramento Basin for meeting objectives of the 1995 Bay-Delta Water Quality Control Plan, will be the subject of hearings on March 27 and 28, April 11, 12, and 13, and April 24 and 25, 2000, as well as additional hearings in May and June. For details regarding upcoming hearings, see http://www.waterrights.ca.gov/baydelta/Notices/25janntc.htm The Revised Notice of Public Hearing, which describes the Phase 8 issues, may be viewed at http://www.waterrights.ca.gov/baydelta/html/6may98ntc.htm
South Coast Air Quality Management District
- 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.
Air Quality Control Commission
Odor Emission Proposed Rule
- The Commission canceled the rulemaking hearing previously scheduled for March 16, 2000 regarding proposed revisions to Regulation No. 2, Part B. For further information, see http://www.cdphe.state.co.us/op/notreg2.html
Feb. 17, 2000 Meeting Agenda
- The Commission’s agenda for the Feb. 17, 2000 meeting includes requests that the Commission consider revisions to the Colorado Spring CO maintenance plan, specifically to remove oxygenated fuels from the plan, and repeal of Regulation No. (Trip Reduction). For details, see http://www.cdphe.state.co.us/op/ag_feb.html
- 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
- 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.
- 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.
Department of Environmental Protection
Performance Partnership Agreement
- DEP and U.S. EPA signed a Performance Partnership Agreement for FY 00-01 on Jan. 20, 2000. Further information may be found at http://dep.state.ct.us/deao/ppa/ppa.htm
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.
South Florida Water Mgmt. District
Proposed Rule Amendment
- The District has proposed a rule amendment regarding side slope requirements for wet retention/detention and stormwater attenuation areas. Hearings are scheduled for Feb. 23 and 25 and March 1 and 2. Further information may be found at http://ccfweb1.dos.state.fl.us
Department of Environmental Protection
Rule Development Workshop-Solid Waste
- A rule development workshop concerning proposed changes to Rule Chapter 62-701, FAC, regarding solid waste management facilities has been scheduled for Feb. 15-16 in Orlando. Mary Jean Yon is the DEP contact.
- 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.
Department of Natural Resources, Environmental Protection Division
Pending Permit Applications
- EPD is requesting comment by Feb. 25, 2000 on permit applications regarding Cherokee, Clayton and Harris Counties. See http://www.ganet.org/dnr/environ/pubnote/pa_100_4.html
- EPD is requesting comment by March 3, 2000 on permit applications regarding Appling, Burke, Camden, Clarke, Dekalb, Dodge, Fulton, Hall, Lowndes, and Rockdale Counties. See http://www.ganet.org/dnr/environ/pubnote/pa_0200_1.html
- EPD is requesting comment by Feb. 18, 2000 on permit applications regarding Berrien, Bibb, Bleckley, Chatham, Fayette, Gilmer, Gwinnett, Rockdale, and Sumter Counties. See http://www.ganet.org/dnr/environ/pubnote/pa_100_3.html
Toxic Release Inventory Issued
- EPD released its annual Toxics Release Inventory for 1998 on Jan. 20, 2000. For details, see http://www.ganet.org/dnr/environ/press/press.cgi?prfile=PR.20000120.02
Governor Proposes New EDP Positions
- Governor Barnes proposed funding for 65 new positions within EDP. For details, see http://www.ganet.org/dnr/environ/press/press.cgi?prfile=PR20000120.01
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.
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
TMDL Development–Public Meeting
- IEPA has scheduled a public meeting on Feb. 15, 2000 to provide information regarding the development of TMDLs for 25 waterbody segments in six Illinois watersheds. Information may be found at http://www.epa.state.il.us/news-releases/2000/2000-101-tmdls.html
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.
- 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.
Department of Environmental Management
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.
Environmental Protection Commission
- 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.
Natural Resources & Environmental Protection Cabinet, Division of Waste Management
- Comments are accepted through Feb. 16 on a post-closure plan report submitted by LWD (Marshall County). See http://www.nr.state.ky.us/nrepc/dep/waste/news/lwd200.htm
- Comments are accepted through Feb. 18 on an application to renew the solid waste disposal permit issued to LWD Sanitary Landfill, Inc. See http://www.nr.state.ky.us/nrepc/dep/waste/news/lwd100.htm
Division of Water
- A draft TMDL for chlorides for Newcombe Creek, Elliott County, is available for comment through Feb. 11. See http://water.nr.state.ky.us/dow/newcombe.htm
Groundwater Protection Plan for Small Poultry Facilities
- A generic groundwater protection plan for poultry-producing facilities on less than 10 acres that produce more than 5,000 birds a year has been prepared. It may be viewed at http://water.nr.state.ky.us/dow/dwhome.htm
Department of Environmental Quality
Pending Permit Applications–Air
- St. James Sugar Cooperative, Inc., St. James Parish, for reconstruction of a steam boiler and extension of seasonal operation. See http://www.deq.state.la.us/news/2000/pn000204.htm
- Dow Chemical Co., Iberville/West Baton Rouge Parishes, for Part 70 operating permit. Comments due March 3. See http://www.deq.state.la.us/news/2000/pn000203.htm
- Union Carbide Corp., for Part 70 air operating permit. See http://www.deq.state.la.us/news/2000/pn000204a.htm
- 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 liquefied petroleum gas (1) whose facilities are permitted through or inspected by the Liquefied Petroleum Gas Commission of the Dept. of Public Safety and Corrections or (2) who use gas as a fuel in an agricultural process.
- 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.
- 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.
Department of Environmental Protection
- 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.
Department of the Environment
Biennial Hazardous Waste Reports
- MDE will utilize software developed by the Florida Dept. of Envtl. Protection for the 1999 reporting cycle. For details and download information, see http://www.mde.state.md.us/was/brsdisk.htm
Triennial Water Quality Standards Review
- Public meetings have been scheduled for Feb. 8 (Baltimore) and 11 (Silver Spring). For details, see http://www.mde.state.md.us/wqstandards/pubmeetings2b.htm
Water Quality–Proposed Regulations
- MDE is requesting comment by March 1 regarding proposed new and amended Antidegradation, numeric criteria, and ammonia criteria regulations, as well as adjustments to the 303(d) list of impaired waters. For general information, see http://www.mde.state.md.us/wqstandards/pubmeetings2b.htm See also http://www.mde.state.md.us/wqstandards
Department of Environmental Protection
Administrative Penalty Regs.–Proposed Amendments
- Proposed amendments to 310 CMR 5.00 to conform with the 1998 Brownfields Law (Ch. 206 of the Acts of 1998) will be the subject of public hearing on Feb. 16. The comment period is open until March 3, 2000. The proposed revisions may be viewed at http://www.state.ma.us/dep/bwsc/pubs.htm. Information on the public hearing may be found at http://www.state.ma.us/dep/bwsc/files/notice.htm
Bureau of Waste Site Cleanup-Audit/Enforcement Update
- Available at http://www.state.ma.us/dep/bwsc/files/lspa1299.htm
- 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
- Comments must be received by Jan. 28, 2000 regarding permit applications for a proposed new natural-gas fired electric power plant in Everett. Further information may be obtained at http://www.state.ma.us/dep/energy/iend/notie.htm.
Department of Environmental Protection-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.
Department of Environmental Quality
- DEQ’s response to a report recently issued by the Public Interest Research Group. See http://www.deq.state.mi.us/pr/000203.htm
Coastal Zone Grant Funds
- Applications are due by April 1, 2000. For details, see the Great Lakes Shorelands Section at http://www.deq.state.mi.us/lwm
Proposed Water Quality Trading Program Regulations
- The DEQ has proposed regulations that will allow trading to occur for specific pollutants among and between point and nonpoint sources within the same watershed. A public hearing will be held on March 15, 2000. Information regarding the hearing may be found at http://www.deq.state.mi.us/swq/rules/draft/water_notice.htm
- The proposed regulations may be viewed at http://www.deq.state.mi.us/swq/trading/temp5x.htm
- 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 will 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.
Pollution Control Agency
- 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.
- 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
- Required air emission inventory forms may be obtained at http://www.pca.state.mn.us/air/emforms.html. The deadline is April 1, 2000.
Department of Environmental Quality
- A hearing date of Feb. 11, 2000 has been set regarding proposed amendments to incorporate 40 CFR Part 60 revisions, corrections, and amendments promulgated since Oct. 22, 1998.
- A proposed TMDL for Fecal Coliform Bacteria in Bayou Cumbest/Bangs Lake Watershed (Jackson County) is available for review. Comments must be received by Feb. 8.
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
- The CWC will meet on Jan. 19 to consider candidates for the Missouri Impaired Waters (303(d)) List and a Strategy Document for the Year 2000. Additional information may be obtained at http://www.dnr.state.mo.us/newsrel/nr00_237.htm.
Advisory Committee on Chip Mills
- The Advisory Committee on Chip Mills, which was established pursuant to Executive Order 98-16, received an extension until Feb. 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.
Department of Environmental Quality
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.
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.
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.
Department of Environmental Services
- 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.
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.
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.
Division of Environmental Protection
Proposed Regulations-Hazardous Waste
- NDEP has proposed revisions to the state’s hazardous waste regulations that would allow it to issue U.S. EPA identification numbers to hazardous waste generators, transporters, and facilities in Nevada. A workshop has been scheduled for Feb. 9, 2000. For details, see http://www.state.nv.us/ndep/bwm/notice01.htm
Department of Environment and Natural Resources
- 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.
- 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.
Environmental Management Commission
Extension of Comment Period-Air Rule Proposal
- The comment period on proposed revisions to Subparagraph (c)(2) of Rule 15A NCAC 2D.1201 (incinerator emissions) has been extended to Feb. 14, 2000. See http://daq.state.nc.us/Rules/Hearing/
Environmental Protection Agency
- Proposed construction/demolition debris landfill in Hamilton County. Comments due Feb. 25. See http://www.epa.state.oh.us/pic/nr/2000/february/miamivw.html
- New dairy farm in Marion County. Comments due March 2. See http://www.epa.state.oh.us/pic/nr/2000/february/devries.html
- Disposal wells in Lima County. Comments due Feb. 22. See http://www.epa.state.oh.us/pic/nr/2000/february/bpchem.html
Proposed General Stormwater Permit
- OEPA has proposed renewal of the general stormwater permit for industrial activity. Certain industrial categories, including petroleum bulk stations and terminals, mineral mining operations, landfills, new facilities with coal pile run-off, and new discharges to state resource waters, outstanding state resource waters, and superior high-quality waters would no longer quality for the permit and would be required to apply for individual permits. A public hearing is scheduled for Feb. 7. Written comments are accepted through that date. The proposal may be viewed at http://chagrin.epa.state.oh.us Information regarding the public hearing may be found at http://www.epa.state.oh.us/pic/nr/2000/february/stormwtr.html
Assistant Director Named
- Barbara Brdicka was appointed to serve as Assistant Director of OEPA. See http://www.state.epa.oh.us/pic/nr/2000/february/brdicka.html
- 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.
Department of Environmental Quality
Waste Mgmt. Division Proposed Regulations
- Proposed revisions to municipal landfill, solid waste management, brownfields, incorporation by reference, and generator/TSDF requirements may be viewed at http://www.deq.state.ok.us/waste/index.html
Air Quality Council
- The AQC will consider revisions to Subchapters 9 (Excess Emission Reporting Requirements) and 33 (Control of Emissions of Nitrogen Oxides) at its Feb. 16 meeting. For details, see http://www.deq.state.ok.us/air1/AQC2/2-16-00aqcdraft.html
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.
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 were 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.
Department of Environmental Protection
Draft List of Impaired Waters
- Comments are being accepted on the Year 2000 draft list of impaired waters. The comment period ends March 14. The draft list may be viewed at http://www.dep.state.pa (Direct link "2000 list")
Proposed Draft Final Rule-Air
- DEP seeks comments on changes it recommends be made to the draft final regulatory revisions establishing the Interstate Ozone Transport Reduction Program, in light of several recent court decisions and regulatory changes. Comments are due Feb. 22, 2000.
Applications, Actions and Special Notices
- The most recent notices may be viewed at http://www.pabulletin.com/secure/data/vol30/30-6/219.html
Draft Technical Guidance
- Projects and Activities under the Environmental Good Samaritan Act. Comment period ends March 4. Expected effective date March 11. See http://www.pabulletin.com/secure/data/vol30/30-6/220.html
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.
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.
Department of Environmental Management
Open Space Bond Proposal
- A series of regional briefing meetings has been planned regarding the Governor’s $50 million bond issue for open space and reclamation. For details, see http://www.state.ri.us/dem/pr/0127001.htm
- 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.
- 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.
Department of Health and Environmental Control
Proposed Rule Amendments-Water
- Triennial review of state water quality regulations. Notice of Drafting. Written comments are due by Feb. 29, 2000. See http://www.state.sc.us/dhec/eqc/water/html/r6168.html
- 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 must be received by Jan. 25.
Department of Environment and Conservation
- Class IV landfill lateral expansion, Knox County. For information, see http://www.state.tn.us/environment/swm/swmppo/burnett1.htm
- Class I landfill construction and operation, Van Buren County. For information, see http://www.state.tn.us/environment/swm/swmppo/wasteind.htm
- Pending air permit applications, see http://www.state.tn.us/environment/apc/apcppo/jan2700.htm
- 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.
Natural Resource Conservation Commission
- Proposed revisions to 30 TAC Chapter 101 regarding reporting thresholds, submission of records concerning unauthorized emissions of air contaminants, and exemptions. A public hearing will be held on Feb. 22. Comments (Rule Log No. 1999-050-101-AI) are due by Feb. 28. See http://www.tnrcc.state.tx.us/oprd/hearings/99050101.html
- Proposed revisions to 30 TAC Chapter 114, Subchapter B, §114.21 regarding motor vehicle anti-tampering. A public hearing will be held on Feb. 22; written comments (Rule Log No. 1999-066-114-AI) are due by Feb. 28. See http://www.tnrcc.state.tx.us/oprd/hearings/99066114.html
- Proposed revisions to the State Implementation Plan (SIP) regarding Emission Reduction Strategy for Eastern and Central Texas and the Northeast Texas Flexible Attainment Region are being considered. The revised SIP would make certain reductions agreed to by Eastman Chemical Co. federally enforceable. A public hearing will be held in Longview on March 2. Written comments are due by March 13. See http://www.tnrcc.state.tx.us/oprd/hearings/99022sip.html
Proposed Regulations-Underground Injection
- Proposed amendments to 30 TAC Chapter 331, Subchapters A and H, regarding authorization-by-rule requirements related to Class V injection wells and to update construction and closure standards, are being considered. A public hearing will be held on Feb. 23; written comments (Rule Log No. 1999-009-331-WT) must be submitted by Feb. 28. See http://www.tnrcc.state.tx.us/oprd/hearings/99009331.html
- Proposed new 30 TAC Chapter 230, Groundwater Availability Certification for Platting, will be the subject of a public hearing on March 7. The proposal is intended to implement SB 1323 (1999), which added §§212.0101(b) and .0031(b) to the Local Government Code. The statute requires the Commission to implement a groundwater availability certification process for use in property transfers by attachment to plat applications. A public hearing will be held on March 7; written comments are due by March 13 (Rule Log No. 1999-0280230-WT). For details, see http://www.tnrcc.state.tx.us/oprd/hearings/99028230.html
- Possible amendments to 30 TAC Chapter 307, §§307.2-307.10, are being considered. A public hearing will be held on March 21. Written comments (Rule Log. No. 1998-055-307-WT) are due by March 31. See http://www.tnrcc.state.tx.us/oprd/hearings/98055307.html
- 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.
- 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.
Department of Environmental Quality
- Installation of alternative liner system and other permit revisions sought for sanitary landfill in Roanoke County. Public hearing scheduled for March 7. Comments accepted through March 22. See http://www.deq.state.va.us/notice/pn/949507784.html
- Proposed water supply intake from Roanoke (Stauton) River. A hearing will be held on March 7. Comments are due by March 9.
- 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.
Department of Ecology
Dangerous Waste Regulations-Proposed Revisions
- Public hearings have been scheduled for Feb. 10, 15, and 16 regarding proposed revisions. See http://www.wa.gov/ecology/leg/hearings.html
- Ecology has adopted a rule revision that modifies fees for wastewater and stormwater 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.
Department of Natural Resources
Proposed Regulations-Drinking Water
- Proposed revisions to chs. NR 108, 114, 809 and 811 and a new subch. III, ch. NR 809, Wis. Admin. Code, relating to safe drinking water and waterworks operator certification, are the subject of public hearings scheduled for Feb. 14-18, 2000. For details, see http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html
Division of Environmental Protection
- The Legislative Rule-Making Review Committee removed from a rulemaking package a proposal that would have required poultry 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.
Solid and Hazardous Waste Division
Proposed Guideline Revisions
- The Division has proposed revisions to Guideline #16, "Landfill Closure and Post-Closure Process." Comments may be submitted through Feb. 29, 2000. For a copy of the draft revisions and other information, see http://deq.state.wy.us/shwd.htm
Air Quality Division
- Proposed revisions to Chapters 1, 2, 3, and 6 of the Air Quality Standards and Regulations are the subject of a hearing on Feb. 17. Written comments are also due by that date. For details, see http://deq.state.wy.us/aqd/note1299.htm
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.
- 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.