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Weekly Update Volume 31, Issue 12

04/23/2001

LITIGATION

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


red bar graphic  CERCLA, ACCESS ORDER FOR REMEDIATION:


The Seventh Circuit affirmed a district court dismissal of an EPA suit seeking access to property pursuant to CERCLA §104(e) for the purpose of remediation, investigation of possible environmental hazards, and removal of the property owner's personal items. The property is located in an affluent suburb, and the property owner built his house from surplus materials and collects junk. Responding to complaints, EPA tested the property twice and found no evidence of significant contamination. Nevertheless, EPA brought suit claiming that contamination from a possible hazardous substance release at the property presented an imminent endangerment to public health and the environment. EPA sought an order prohibiting the property owner from preventing the Agency access to his land to fence it, conduct tests, install monitoring wells, search for contamination, and remove objects, such as drums, lying on the property. CERCLA §104(e) allows EPA to access property for inspection or testing if there is a reasonable basis to believe there is a release of a pollutant. However, it is unreasonable for EPA to insist on drastic remedial action before obtaining any rational basis for believing there is any danger to the environment that would warrant such action. EPA could easily seek and obtain an order allowing it to conduct more tests, but it adamantly asserted a right to conduct remedial action regardless of the test results. In addition, CERCLA §113(h)'s limitation of federal jurisdiction over remedial actions did not bar the district court from reviewing EPA's request for an access order. Such a bar would give EPA the authority to undertake warrantless searches of residential property without exigent circumstances. Moreover, although CERCLA §113(h) would prevent the property owner from challenging an EPA request for a remediation order, here EPA is seeking an access order. Unlike those instances when EPA is rightfully on land to conduct remedial measures or when EPA orders a property owner to conduct remedial measures, judicial jurisdiction is triggered when an access order is sought to execute remediation. United States v. Tarkowski, Nos. 00-2393, -2473 (7th Cir. Apr. 18, 2001) (12 pp.).

red bar graphic  CERCLA, CONTRIBUTION, SETTLEMENT:


The Sixth Circuit held that a district court erred when it declined to order a corporation to adhere to the terms of a settlement agreement it reached with a city regarding CERCLA and state-law cost-recovery claims. The city sought recovery of cleanup costs for a site once owned by the corporation's predecessors. The claims went to trial, but the city and the corporation reached a settlement. At the district court's request, the settlement terms were memorialized on the record in court. The city offered to protect the corporation from all contribution claims arising from the city's claims against other parties, and the corporation agreed to the city's contribution protection. Nevertheless, seven weeks after the terms were memorialized in court, the corporation claimed that the contribution protection had never been clarified. Thus, it proposed a new settlement agreement containing contribution protection indemnifying the corporation for all claims brought by any and all persons. After the city refused the new agreement, the corporation moved to reset the trial, and the city moved for entry of the original settlement. The district court granted the corporation's motion, and the case proceeded to trial. However, the record memorializing the settlement's terms clearly manifests a meeting of the minds as to the scope of the city's contribution protection. The city's lawyers clearly stated that the city would only indemnify the corporation for exoneration of claims asserted by the city and that broader indemnification was not available. The corporation voiced no objection to this limitation, and its lawyer explicitly agreed to this limited protection. Further, the corporation is bound by the terms it agreed to in the courtroom even though the agreement's details would be fleshed out in writing at a later time. Moreover, the city's settlement of its claims against the corporation did not entitle the corporation to CERCLA §113(f)(2)'s contribution protection because such protection exists only in settlements with federal or state governments, and the city is neither. The district court, however, did not err in limiting the corporation's and other PRP's total liability for future costs that would be necessary to reach the state-law industrial cleanup level. City of Detroit v. Simon, Nos. 99-1073, -1128 (6th Cir. Apr. 16, 2001) (11 pp.).  

red bar graphic  CERCLA, DIVISIBILITY OF HARMS, ARRANGER LIABILITY:


The Eighth Circuit reversed a district court decision imposing joint and several liability under CERCLA against the former owner of the Vertac Chemical Plant site in Jacksonville, Arkansas, and rejecting the former owner's argument that harm at the site was divisible, but upheld the court's decision that a company who purchased chemicals manufactured at the site was liable under CERCLA as an arranger. In rejecting the former owner's divisibility arguments, the district court merely stated that the former owner failed to set forth any facts establishing that the harm is clearly divisible or that the former owner's waste did not, or could not, contribute to the release and resulting response costs at the site. The proper standard for determining divisibility,  however, is that the defendant show either distinct harms or a "reasonable basis" for apportioning causation for a single harm. Thus, the former owner need not prove that its waste "did not, or could not, contribute" to any of the harm at the CERCLA site to establish divisibility because it is also possible to prove divisibility of single harms based on volumetric, chronological, or other types of evidence. On remand, the district court must address the evidence supporting divisibility in light of the proper legal standards. The district court, however, properly imposed arranger liability against a company that purchased chemicals manufactured at the site. The company argued that the district court erred by focusing its analysis on ownership, and not on the authority to control the production and disposal process. Control, however, is not a necessary factor in every case of arranger liability. And although the court finds the ownership issue to be debatable, the evidence in favor of the company's position is not strong enough to prove that the district court's finding was clearly erroneous. Additionally, the court declined to address the company's takings and due process challenges to the retroactive application of CERCLA in this case. The company's constitutional arguments are not ripe for consideration, and it has not adequately briefed  the complexities involved in its constitutional challenge to CERCLA. United States v. Hercules, Inc., Nos. 99-3684 et al. (8th Cir. Apr. 10, 2001) (24 pp.).

red bar graphic  CWA, SDWA, WHISTLEBLOWER PROVISIONS, FIRST AMENDMENT, QUALIFIED IMMUNITY:


The Sixth Circuit upheld a district court decision that the CWA's and SDWA's whistleblower provisions do not preclude the former employee of a wastewater treatment plant from pursuing a First Amendment retaliation claim against the plant under 42 U.S.C. §1983, and that the plant's board members were not immune from the former employee's suit under the doctrine of qualified immunity. The board members failed to prove that the U.S. Congress intended for the whistleblower provisions of the CWA and SDWA to preclude the enforcement of constitutional rights through §1983. The U.S. Supreme Court has held that the availability of administrative mechanisms to protect a plaintiff's interests is not necessarily sufficient to demonstrate that Congress intended to foreclose a §1983 remedy. Here, the employee's §1983 suit raises the issue of whether the defendants violated his constitutional right to free speech, not simply whether he suffered from an adverse employment action. In addition, the board members are not entitled to qualified immunity because the employee's reporting of the plant's environmental violations constituted free speech protected by the First Amendment. The employee's speech implicated matters of public concern, and the First Amendment protects speech on matters of public concern made by public employees in their role as employees even if their speech is not communicated to the public. Charvat v. Eastern Ohio Regional Wastewater Authority, No. 00-3431 (6th Cir. Apr. 9, 2001) (11 pp.).

red bar graphic  CWA, OIL SPILL, SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN:


The First Circuit upheld an EPA Environmental Appeals Board decision finding a textile mill operator liable and imposing penalties against him for failing to prepare and implement an SPCC plan and for discharging oil into a navigable waterway in violation of the CWA. The oil spill occurred after a gasket on a boiler ruptured, causing oil to eventually enter the Androscoggin River in Maine. Contrary to the operator's objections, the operator was subject to SPCC plan requirements. Although the mill is located in an industrial area out of sight of any navigable waters, the path taken by the oil was not necessarily foreseeable, the oil spill occurred during a period of high water, and the mill exhibited locational and geographical characteristics that made a discharge to navigable water reasonably foreseeable. In addition, the operator failed to show that its storage capacity fell below the minimum amount required for application of the SPCC regulations. Further, because an above-ground tank installed three months after the operator removed his USTs was a modification rather than a new facility, the operator was liable for failing to implement an amended SPCC plan in a timely fashion. Last, the $43,643 penalty assessment imposed against the operator was reasonable. Pepperell Associates v. United States Environmental Protection Agency, No. 00-1708 (1st Cir. Apr. 11, 2001) (12 pp.).

red bar graphic  INSURANCE, CARRIER LIABILITY, TOXIC SUBSTANCE EXPOSURE:


The First Circuit held that an administrative law judge (ALJ) properly reallocated responsibility for paying a pipefitter's medical and disability payments from an insurance company to the pipefitter's employer. The pipefitter was awarded medical benefits in 1991 for multiple, work-related lung diseases, and his employer's insurance company was assigned full responsibility for the payments. In 1995, the pipefitter sought to modify the benefit award to include permanent, total disability benefits. In modifying the original award, the ALJ shifted responsibility for payments to the pipefitter's employer because the pipefitter had experienced additional harmful exposure at his workplace while his employer was self-insured. The employer appealed. The employer, however, had adequate notice of its potential liability, and the ALJ had authority to reassign liability for the pipefitter's benefits. In addition, substantial evidence supports the ALJ's finding that the pipefitter was exposed to harmful industrial irritants when his employer was on the risk as a self-insured employer. Thus, because the employer was the carrier on the risk during the last period of injurious exposure before the pipefitter became disabled by lung disease, liability for the medical and disability payments shifts to the employer. Bath Iron Works Corp. v. Director, No. 00-1208 (1st Cir. Apr. 5, 2001) (10 pp.).


red bar graphic  ENVIRONMENTAL REMEDIATION, NEGLIGENCE, STANDARD OF CARE:


The D.C. Circuit held that because a building owner failed to prove that a neighboring service station was negligent in performing remediation, a district court's judgment in favor of the building owner must be reversed and vacated. The station performed the remediation pursuant to its corrective action plan after the building owner discovered petroleum contamination on its property. Nevertheless, leakage in the building recurred five years later, which delayed the sale of the building for three years. The building owner then sued the station for negligence and was awarded $30,000 in damages for harm to the building and $2,450,357 in damages arising from the delayed sale. The district court correctly determined that the station may have been negligent despite having complied with administrative regulations. Moreover, the court's failure to instruct the jury that the building owner had to establish the standard of care through expert testimony was harmless. The building owner, however, failed to establish a standard of care consistent with its theory of negligence. The District of Columbia requires that a standard of care beyond the grasp of a lay jury be related either to practices in fact generally followed or to some standard that is nationally recognized. Thus, the owner could not simply treat the service station's corrective action plan as supplying that standard. Further, the owner's expert identified no practice or provision in the corrective action plan from which the service station departed that might have caused the harm. Rather, the expert couched his criticisms in terms of his personal opinion. Because the failure to establish a standard of care is fatal to the owner's case, the court reversed and vacated the judgment below. National Telephone Cooperative Ass'n v. Exxon Mobile Corp., No. 99-7124 (D.C. Cir. Apr. 3, 2001) (5 pp.).


red bar graphic  WATER LAW, CONTRACTS, PRESENT PERFECTED RIGHTS (PPRs):


The Ninth Circuit upheld a district court decision granting summary judgment in favor of the DOI in a dispute in which an irrigation and drainage district alleged that the DOI breached a 1968 contract entitling the district to 41,000 acre feet of water annually from the Colorado River system. The district claimed that the DOI breached the contract when it subtracted water provided to holders of PPRs located within the district from the amount fixed by the contract. The district court held that the allotment of water in the contract encompasses all the water delivered to the district, even if some of that water goes to landowners who hold PPRs. The district appealed, claiming that the contract is ambiguous and, thus, the issue should go to trial. The contract, however, is not ambiguous. If the parties intended to exclude water received by holders of PPRs, the contract would not have defined the waters included in the allocation so expansively. Further, extrinsic evidence does not render the contract ambiguous. Mohave Valley Irrigation & Drainage District v. Norton, No. 99-16927 (9th Cir. Apr. 11, 2001) (5 pp.).

red bar graphic  FEDERAL POWER ACT, ELECTRICITY RESTRUCTURING, MOOTNESS, STANDING:


The D.C. Circuit dismissed on grounds of mootness or for lack of standing claims challenging a decision by FERC approving certain proposals contained in a bill pending before the California Senate that allocated decisionmaking power in California's modified electricity market. The legislation concerned the authority of three state entities: an independent system operator (ISO) that received control of certain power transmission assets and was in charge of running a single statewide transmission grid, a power exchange (PX) that was responsible for matching electricity buyers and sellers in the California market, and an oversight board that was vested with review power over the composition of the ISO and PX boards and over decisions of the ISO board. The petitioners claimed that the state legislation did not adequately address FERC's concerns about independence and jurisdiction and effectively favored California consumers at the expense of out-of-state producers.  However, a FERC order replacing the ISO's governing board with a non-stakeholder board and providing for the termination of the PX board, and recent California legislation spurred by the state's energy crisis, mooted the petitioners' claims challenging the composition of the ISO and PX boards. Further, the petitioners lack standing to challenge the oversight board's power to review substantive decisions of the ISO because injury is highly speculative. Western Power Trading Forum v. Federal Energy Regulatory Commission, No. 99-1532 (D.C. Cir. Apr. 10, 2001) (6 pp.).

red bar graphic  FEDERAL POWER ACT (FPA), ELECTRICITY TRADING:


The Ninth Circuit denies a California public utility's petition for a writ of mandamus staying various aspects of a FERC order addressing the crisis surrounding California's restructuring of its electricity market, and denies a city's petition for mandamus ordering FERC to take action on requests for retroactive refunds from wholesale electricity sellers. The utility, which operates an auction for trading electricity, sought to stay FERC's termination of its wholesale tariff and rate schedules. Although FERC's action was perhaps unprecedented, FERC does not lack authority under FPA §206 to address the structural flaws of a market-based rate regime through the termination of a public utility's wholesale tariff and rate schedules. The language of FPA §206 is sufficiently broad to permit FERC to eliminate a tariff or rate schedule entirely, particularly in the context of a market-based rate regime, if, as here, it also establishes rules, regulations, or practices that will result in just and reasonable rates. In addition, the utility failed to demonstrate a clear and certain claim that FERC's prohibition on investor-owned utilities from selling all but their surplus generation into wholesale markets is arbitrary or unduly discriminatory. Likewise, FERC's imposition of an interim $150 per megawatt hour "breakpoint" in the utility's core markets is neither arbitrary or discriminatory. The breakpoint is not a cap but instead provides that transactions above the breakpoint price will not set the single market clearing price and would be subject to additional reporting requirements. The court also denied a city's petition for a writ ordering FERC to come to a decision as to wholesale electricity sellers' refund liability. FERC's delay on taking action on requests for retroactive refunds from wholesale electricity sellers is not so unreasonable as to render the city's remedy--to await a final order--inadequate. FERC's decision to give higher priority to structural remedies over retroactive refund determinations does not in any way entitle the city to the mandamus relief its requests. California Power Exchange Corp. v. Federal Energy Regulatory Commission, Nos. 00-71701, 01-70031 (9th Cir. Apr. 11, 2001) (32 pp.).

red bar graphic  LACEY ACT, U.S. SENTENCING GUIDELINES (USSG):


The Fourth Circuit held that a district court erred in including as "relevant conduct" for sentencing purposes an individual's sale of 118 black bear gall bladders to an undercover agent because relevant conduct under the USSG must be criminal conduct, and neither the individual's sale nor his offer to sell the galls violated Virginia law or the Lacey Act. The sale did not violate Virginia law because the sale occurred in West Virginia, where the sale of galls is legal, and telephone conversations between the individual and the agent did not constitute a "sale" under Virginia law. Moreover, the government could not rely on the "results theory" of jurisdiction to establish that the individual's sale in West Virginia violated Virginia law. This theory depends on the bringing about of an illegal result. Here, the individual sold the galls to an undercover agent, thus, the resale of galls in Virginia would never have occurred. Further, because the individual did not make an offer to engage in an illegal sale in Virginia, his telephone offer to sell the galls in West Virginia did not violate state law. Consequently, because the galls were not sold in violation of state law, the individual's conduct did not violate the Lacey Act. The court, therefore, vacated and remanded the case for resentencing. United States v. Dove, No. 00-4248 (4th Cir. Apr. 13, 2001) (8 pp.).

red bar graphic  CONSTITUTIONAL LAW, FIRST AMENDMENT, EARTH DAY:


The Second Circuit reversed a district court decision that Earth Day celebrations at a New York school district violated the Establishment Clause and Free Exercise Clause of the First Amendment to the U.S. Constitution. The district court concluded that the celebration of Earth Day constituted a religious ceremony. The school district's sponsorship of Earth Day ceremonies, however, had a secular purpose and was not coercive. Further, an objective observer would not view the district's Earth Day ceremonies as endorsing Gaia or Earth worship as a religion. Thus, the activities did not violate the Establishment Clause. Similarly, the court reversed the district court's conclusion that the Earth Day ceremonies violated the Free Exercise Clause. The students were not required to attend or participate in the Earth Day ceremonies, thus, there was no interference with plaintiffs' free exercise of their chosen religion. The district court also held that nature worship, worry dolls, and Ganesha image construction activities at other schools in the district violated the Establishment and Free Exercise Clauses of the First Amendment. The plaintiffs, however, lack standing to challenge those activities. Because the plaintiffs have either graduated or moved since the action was commenced, no plaintiff can show that these activities infringe on their particular freedoms and their claims are moot. Altman v. Bedford Central School District, Nos. 99-7969(L), -9001 (2d Cir. Mar. 27, 2001) (30 pp.).

red bar graphic  NATIVE AMERICANS, NATIONAL HISTORIC PRESERVATION ACT (NHPA), FIRST AMENDMENT, STANDING:


The Second Circuit affirmed a district court dismissal of a Native American tribe's NHPA claim against the state of New York, but vacated and remanded the district court's dismissal of the tribe's First Amendment claim against the state. The tribe claimed that the state violated its right of free exercise of religion under the First Amendment by charging a vehicle access fee to a park on an island on which the tribe allegedly once lived and which they still use for religious ceremonies. The tribe also claimed that the state's development of the park violated the NHPA. Because only the federal government can violate the NHPA, the tribe does not have an NHPA claim against the state. However, the district court erroneously concluded that members of the tribe must prove that they were Native Americans and descendants of the island's inhabitants before they could demonstrate a cognizable injury for the purposes of proving standing for their First Amendment claim. Whatever the race or lineage of the tribe's members, the tribe claims that it conducts religious ceremonies on the island because the land has religious significance to it. To the extent that restrictions on the use of the island apply to the tribe, they would impact the tribe's ability to perform religious ceremonies. Thus, such restrictions constitute an injury-in-fact to the tribe's religious freedom. The court, therefore, remanded the First Amendment claim for further proceedings. Western Mohegan Tribe v. New York, No. 00-7766 (2d Cir. Apr. 17, 2001) (4 pp.). 

Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register.

red bar graphic  AIR:



  • EPA amended the emissions monitoring and compliance provisions contained in the standards of performance for electric utility steam generating units for which construction is commenced after September 18, 1978, and for industrial-commercial-institutional steam generating units. 66 FR 18546 (4/10/01). 

  • EPA promulgated NESHAPs for solvent extraction for vegetable oil production. 66 FR 19005 (4/12/01). 

  • EPA amended, corrected, and revised certain provisions of the Tier 2/Gasoline Sulfur regulations to assist regulated entities with program implementation and compliance. 66 FR 19295 (4/13/01). 

  • EPA announced the availability of a second external review draft of the Air Quality Criteria for Particulate Matter. 66 FR 18929 (4/12/01).

red bar graphic  CLIMATE CHANGE:



  • The Intergovernmental Panel on Climate Change prepared a draft Synthesis Report for its Third Assessment Report (TAR) on Climate Change. 66 FR 19277 (4/13/01). 

red bar graphic  DRINKING WATER:



  • EPA finalized additions to the Final Guidelines for the Certification and Recertification of the Operators of Community and Nontransient Noncommunity Public Water Systems, which were published in the Federal Register on February 5, 1999 (64 Fed. Reg. 5916). 66 FR 19939 (4/18/01).

  • EPA announced that it intends to approve revisions to Alabama's approved public water system supervision program. 66 FR 19952 (4/18/01).

 red bar graphic  ENERGY CONSERVATION:



  • DOE’s Office of Energy Efficiency and Renewable Energy announced further postponement of the January 22, 2001, final rule entitled Energy Conservation Program for Consumer Products; Central Air Conditioners and Heat Pumps Energy Conservation Standards pending the outcome of petitions by the Air-Conditioning and Refrigeration Institute for reconsideration by DOE and for judicial review by the U.S. Court of Appeals for the Fourth Circuit. 66 FR 20191 (4/20/01).

  • DOE's Office of Energy Efficiency and Renewable Energy, after reviewing the January 12, 2001, final rule entitled Energy Conservation Programs for Consumer Products: Clothes Washer Energy Conservation Standards pursuant to the President's Regulatory Review Plan, determined that no further rulemaking action is warranted.  66 FR 19714 (4/17/01).

  • DOE's Office of Energy Efficiency and Renewable Energy, after reviewing the January 17, 2001, final rule entitled Energy Conservation Program for Consumer Products:  Energy Conservation Standards for Water Heaters pursuant to the President's Regulatory Review Plan, determined that no further rulemaking action is warranted. 66 FR 19714 (4/17/01).

red bar graphic  HAZARDOUS WASTES & SUBSTANCES:



  • EPA proposed to enter into a prospective purchaser agreement under CERCLA in connection with the Center Star Manufacturing Superfund site in Oxford, Ala. 66 FR 19482 (4/16/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Prewitt Abandoned Refinery Superfund site, which is located near Prewitt, N.M. 66 FR 18631 (4/10/01).

  • EPA proposed a site-specific rule to implement a project under the Project XL program that would provide regulatory authority under RCRA for the Buncombe County Landfill in Alexander, N.C. 66 FR 19403 (4/16/01).

red bar graphic  WATER QUALITY:



  • EPA announced the availability of 2001 Update: Aquatic Life Criteria Document for Cadmium66 FR 18935 (4/12/01).

  • EPA reissued the final NPDES stormwater multisector general permit for industrial activities for Alaska and for Indian country within the state of Montana. 66 FR 19483 (4/16/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENTS



  • U.S. v. Avanti Development, Inc., No. IP01-402-C-B/S (S.D. Ind. Mar. 26, 2001) (settling CERCLA defendants must pay $1.24 million in past U.S. response costs incurred at the Avanti Superfund site in Indianapolis, Ind.), 66 FR 18511 (4/9/01);

  • U.S. v. Chyrsler Corp., No. 5:97CV00894 (N.D. Ohio Mar. 28, 2001) (five settling CERCLA defendants must pay $4,297,500 in U.S. response costs incurred at the Krejci Dump site in Summit County, Ohio, and $477,500 in natural resource damages), 66 FR 18511 (4/9/01);

  • U.S. v. Nalco Chemical Co., No. 91-C-4482 (N.D. Ill. Mar. 30, 2001) (a settling CERCLA defendant must pay $81,142 to the Hazardous Substances Superfund for past U.S. costs incurred at the Byron Salvage Superfund site in Ogle County, Ill.), 66 FR 18512 (4/9/01);

  • U.S. v. Russell Martin Bliss, No. 89-363C-1 (E.D. Mo. Apr. 2, 2001) (settling CERCLA defendants must pay $1,750,000 in past U.S. response costs incurred at the Bliss-Ellisville Superfund site in St. Louis County, Mo.), 66 FR 18798 (4/11/01);

  • U.S. v. Motiva Enteriprise, LLC, No. H-01-0978 (S.D. Tex. Mar. 21, 2001) (settling CAA, TSCA, and RCRA defendants, in connection with alleged violations at refineries in Convent, La., Port Arthur, Tex., and Deer Park, Tex., must implement pollution control technologies to greatly reduce nitrogen oxide and sulfur dioxide emissions from refinery process units, must adopt facilitywide enhanced monitoring and fugitive emission control programs, must adopt measures to eliminate excess flaring of hydrogen sulfide, must pay a $9.5 million civil penalty, and must spend $5.5 million on supplemental environmental projects), 66 FR 18798 (4/11/01);

  • U.S. v. Marine Shale Processors, Inc., No. CV90-1240 (W.D. La. Mar. 29, 2001). A consent decree entered in connection with a CAA, CWA, CERCLA, and RCRA defendant that operates a facility in Morgan City, La., that treats hazardous waste by combustion was modified to extend the deadline by which a new company must purchase the defendant’s assets and liabilities and that extends the "continuing election" provision of the consent decree. 66 FR 20333 (4/20/01).

Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved. 

THE CONGRESS
large red bar graphic

red bar graphic  CHAMBER ACTION


S. 700 (agriculture; food safety), which would establish a federal interagency task force for the purpose of coordinating actions to prevent the outbreak of bovine spongiform encephalopathy (commonly known as "mad cow disease'') and foot-and-mouth disease in the United States, was passed by the Senate. 147 Cong. Rec. S3634 (daily ed. Apr. 5, 2001). A related bill, S. 708, was introduced in the Senate this period.


red bar graphic BILLS INTRODUCED


S. 703 (Smith, R-N.H.) (fisheries) would extend the effective period of the consent of Congress to the interstate compact relating to the restoration of Atlantic salmon to the Connecticut River Basin and creating the Connecticut River Atlantic Salmon Commission. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on the Judiciary.


S. 707 (Crapo, R-Idaho) (environmental assistance) would provide grants for special environmental assistance for the regulation of communities and habitat (SEARCH grants) to small communities. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on Environment and Public Works.


S. 708 (Hatch, R-Utah) (agriculture; food safety) would provide the citizens of the United States and Congress with a report on coordinated actions by federal agencies to prevent the introduction of foot and mouth disease and bovine spongiform encephalopathy into the United States and other information to assess the economic and public health impacts associated with the potential threats presented by those diseases. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. A related bill, S. 700, passed the Senate this period.


S. 712 (Thomas. R-Wyo.) (national parks; air tours) would prohibit commercial air tour operations over Yellowstone National Park and Grand Teton National Park. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation. 


S. 713 (Murkowski, R-Alaska) (Native Americans; whaling) would amend the Internal Revenue Code of 1986 to provide a charitable deduction for certain expenses incurred in support of Native Alaskan subsistence whaling. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on Finance.


S. 716 (Santorum, R-Pa.) (agriculture; water well systems) would amend the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually-owned household water well systems in rural areas for individuals with low or moderate incomes. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.


S. 720 (Landrieu, D-La.) (environmental health) would amend the Public Health Service Act to provide for awards by the National Institute of Environmental Health Sciences to develop and operate multidisciplinary research centers regarding the impact of environmental factors on women's health and disease prevention. 147 Cong. Rec. S3530 (daily ed. Apr. 5, 2001). The bill was referred to the Committee on Health, Education, Labor, and Pensions. 


S. 726 (Breaux, D-La.) (natural gas; taxes) would amend the Internal Revenue Code of 1986 to provide for the treatment of prepayments for natural gas. 147 Cong. Rec. S3705 (daily ed. Apr. 6, 2001). The bill was referred to the Committee on Finance.


S. 751 (Clinton, D-N.Y.) (drinking water; arsenic) would express the sense of the Senate concerning a new drinking water standard for arsenic. 147 Cong. Rec. S3706 (daily ed. Apr. 6, 2001). The bill was referred to the Committee on Environment and Public Works. 


S. 755 (Murray, D-Wash.) (Dungeness Crab) would continue state management of the West Coast Dungeness Crab fishery. 147 Cong. Rec. S3706 (daily ed. Apr. 6, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation.

Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved. 

IN THE STATES


red bar graphic ALABAMA


Dept. of Envtl. Management


Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Dept. of Envtl. Conservation


Proposed Regulations-Pesticides




  • DEC proposes to revise the pesticide control regulations by requiring administrators of public or private schools to provide written notice to the parents or guardians before using a pesticide, other than antimicrobial pesticides or certain pesticides applied in a manner that makes them inaccessible to children. The proposed regulation changes spell out the requirements of the notice, which must also be posted at the area where the pesticide will be used. DEC also proposes to expand the certification requirements under 18 AAC 90.300 to include those who use or supervise the use of pesticides on school premises, other than antimicrobial products. DEC is also proposing to make the requirements for certification renewal for all certified applicators more flexible by allowing credit for continuing education hours. In addition, DEC proposes to revise the pesticide control regulations by requiring that custom, commercial, or contract applicators keep records of general use pesticides for at least two years after their use. Currently, custom, commercial, or contract applicators must only keep records of restricted-use pesticides. Finally, DEC proposes to amend the regulations covering public pesticide programs or projects. Comments due May 29. See http://www.state.ak.us/local/akpages/ENV.CONSERV/title18/proposed/90pubcm2.pdf


Charter for Development of the Alaskan North Slope



Spill Prevention Legislation Enacted




  • Legislation signed into law last year, S.B. 273, required the Alaska Railroad and non-tanker sea-going vessels of 400 or more gross tons to demonstrate the ability to pay for responding to oil spills and proposed a response planning standard (cleanup 15% of the vessel’s maximum oil storage capacity within 48 hours of an oil spill). The legislature established a task force to make recommendations on how industry should be allowed to implement the response planning standard. Enacted S.B.16 incorporates the task force recommendations on how to implement the standard. See http://www.state.ak.us/local/akpages/ENV.CONSERV/press/2001/rel_0319.htm


Proposed Cruise Ship Legislation


red bar graphic ARIZONA


Dept. of Envtl. Quality


Safe Drinking Water Workshops Announced



Development of an Aquifer Water Quality Standard for MTBE



Aquifer Protection-Rule Clarifications



Opening of Rulemaking Docket-Drinking Water



  • Purpose of rulemaking is to address statutory changes that will continue the monitoring assistance program until Jan. 1, 2005, and make several changes related to uses of program funds. See http://www.sosaz.com/aar/2001/11/docket.pdf

Final Regulations-Air Quality



  • New sections R18-2-310 and 18-2-310.01, amended sections R18-2-313, 18-2-724; amendments to affirmative defense provisions for excess emissions in R18-2-310 in order to include an approvable affirmative defense mechanism in the SIP. The rule will continue the affirmative defense for certain excess emissions due to malfunctions, startups, and shutdowns. ADEQ has modified the criteria for the affirmative defense categories to ensure U.S. EPA approval of the SIP. The revisions clarify when affirmative defenses can be used and the steps a source must take to utilize an affirmative defense. See http://www.sosaz.com/aar/2001/10/final.pdf

Final Regulations-Drinking Water Quality



  • Amended regulations intended to improve the operator certification program, bring Arizona's operator certification program into alignment with operator certification programs in other states, and avoid possible cuts in U.S. EPA grant funding. The rules establish the requirements for certification and classification, examinations, renewal of certificates, expired certificates, revocation, reciprocity for out-of-state applicants, and experience and education. The amendments also repeal fees associated with exams, certification, and renewals, given that third parties will likely administer examinations. DEQ is finalizing a Request for Proposal pursuant to which parties interested in becoming examiners will submit proposals to DEQ. See http://www.sosaz.com/aar/2001/10/final.pdf

Final Regulations-Voluntary Best Management Practices for Grazing Activities 



  • Four voluntary best management practices were developed by the Grazing Best Management Practices Advisory Committee for persons engaging in livestock grazing. The practices, ranging from managing grazing activities, installing rangeland improvements, and implementing land treatments, have the goal of maintaining soil cover and preventing accelerated erosion, nitrogen discharges, and bacterial impacts to surface waters above natural background amounts to help achieve surface water quality standards. These voluntary standards have been submitted to the Governor's Regulatory Review Council for review at their Apr. 3 meeting. See http://www.adeq.state.az.us/lead/oac/stat.html#grazing

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements


red bar graphic ARKANSAS


Dept. of Environmental Quality


Proposed Regulations-Solid Waste




  • Proposed reissuance of two general permits applicable to waste tire collection and processing. One general permit is 0000-WTX, which is currently issued for waste tire collection centers. A second general permit is 0000-WTP, which is currently issued for small waste tire processing facilities including mobile waste tire chopping, baling, cutting, or shredding equipment. Each of these permits would apply to facilities as described below and further defined in Arkansas Pollution Control and Ecology Commission Regulation No. 14. The waste tire collection center general permit 0000-WTX would apply to facilities located in the state of Arkansas that store no more than 3,000 waste tires or up to a maximum of 10,000 compacted or baled tires. Additionally, at least once per year all waste tires must be removed from the site for processing or recycling and the facility must be in compliance with the waste tire storage requirements of Arkansas Pollution Control and Ecology Commission Regulation No. 14. Public hearing May 1; written comments due May 11. See http://www.adeq.state.ar.us


Proposed Consent Orders; Notices of Violation




  • Albemarle Corporation (Amendment No. 2 to CAO), El Dorado NPDES Water Division, no penalty; ALUMAX Foils, Inc., Russellville Air Division, $3,000 penalty; Brentwood Industries, Inc., Hope Air Division, no penalty; Chem-Fab Corporation, Hot Springs Air Division, $2,500 penalty; Entergy AR, Inc-Harvey Couch, Stamps NPDES/Water Division, no penalty; Eureka Springs KOA Campground, Eureka Springs Water Division, no penalty; J & B Farms, Inc., Danville Air Division, $5,000 penalty; J. Graves Insulation Co., Mabelvale Asbestos Section, $1,890 penalty; Guy King and Sons, Inc., Mountain Home Mining Division, no penalty; City of Norman, NPDES/Water Division, $1,000 penalty; R. D. Plant Contracting Company, Inc., Pike County Water/NPDES Division, $7,500 penalty; SGL Technic Inc.-Polycarbon Division, Arkadelphia Air Division, no penalty; Spirit Homes, A Division of Cavalier Ent., Inc., Conway Air Division, $3,750 penalty; Telex Communications, Inc., Morrilton Air Division, no penalty; Washington County Quarry, Cane Hill Air Division, no penalty; Jimmy Weaver, Russellville Water Division, $6,000 penalty; Jerry Agee, Paragould Water Division, $22,000 penalty; D. Patrick Herndon (Pecten Environmental Services, Inc.), Little Rock RST Division, no penalty; bond forfeiture and license revocation. Comments due May 10. 

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Air Resources Board


Apr. 26 Board Meeting Notice, Agenda



Carl Moyer Program Status Report Meeting




  • Apr. 26. The status report will include background on the Carl Moyer Program and the participating districts’ progress toward expending the funds appropriated in the 1998/1999, 1999/2000, and 2000/2001 fiscal years. The report also includes discussion of CEC’s activities in implementing the infrastructure demonstration and advanced technology portions of the Carl Moyer Program. See http://www.arb.ca.gov/msprog/moyer/moyer.htm


Public Workshop-Transit Bus Rule



Clean Air Plan: Strategies for a Healthy Future



Proposed Regulations-Assessment of the Impacts of Transported Pollutants on Ozone Concentrations



  • The assessments establish ozone transport couples, which are air basins or air pollution control districts from which transported pollution originates and in which transported ozone and ozone precursors affect air quality. The assessments are a preliminary step in determining appropriate mitigation requirements. The Board approved the first assessment in Aug. 1990, with updates in Aug. 1993 and Nov. 1996. This report is the third update to the original assessments of Aug. 1990. Hearing Apr. 26; comments were due Apr. 25. See http://www.arb.ca.gov/regact/trans01/trans01.htm and http://www.arb.ca.gov/regact/trans01/notice.htm

Retrofit Verification Procedure Public Workshop



Draft Airborne Toxic Control Measure (ATCM)



Dept. of Toxic Substances Control


Draft Public Participation Policy Manual



Fact Sheet-Management of Cathode Ray Tubes (CRTs) 



  • Available at http://www.dtsc.ca.gov/docs/hwmp/docs/CRTsfsv5.pdf and http://www.ciwmb.ca.gov/Electronics/RegIssues/mffdtsc.htm DTSC will continue to focus enforcement of management of CRTs on a complaint/response basis and on violations of the hazardous waste regulations that present immediate and significant risks to public health or the environment. DTSC is currently considering a new regulatory process to deal with these kinds of materials. Meanwhile, the Integrated Waste Management Board (CIWMB) recommends that local enforcement agencies (LEAs) work with solid waste facility operators to keep CRTs from being disposed in municipal solid waste landfills. There may be businesses that recycle electronic goods that will accept this electronic equipment or non-profit agencies that will accept working equipment and direct them to new owners. At a minimum, CRTs should be removed from the waste stream and placed on an impervious surface for eventual collection.

Proposed Regulations-Military and Non-Military Munitions



Proposed Response Action Regulations-Workshops Public Notice



RCRA Part B Permit Application Checklist



Integrated Waste Management Board


SIWMB Response to State Auditor's Report



Solid, Hazardous Waste Bill Tracking



Emergency Regulations-Putrescible Waste Transfer/Processing



  • Board adopted emergency regulations for the transfer/processing of putrescible waste. Previous regulations provided that if an activity only receives material that has been separated for reuse prior to receipt, and the residual amount of solid waste in this material is less than 10% of the amount separated for reuse material received by weight, it is not subject to the Board’s transfer/processing operation and facility regulations. The emergency regulations clarify that all "putrescible waste" received as separated for reuse material counts toward the "residual" amount. Activities that receive materials with a residual amount equal to or greater than 10% will be subject to the Board’s transfer/processing operation and facility regulations. The Board will further discuss the issues associated with the transfer/processing of putrescible wastes at the Apr. 24-25 meeting.

Proposed Regulations-Enforcement and Compliance Procedures



Proposed Regulations-Waste Tires



  • The Board initiated a 45-day comment period to address revisions to the waste tire regulations. Assembly Bill (AB) 1843 (Brown, Statutes of 1989) established the waste tire program and required the Board to adopt emergency and final regulations for permitting of waste tire storage facilities. The Board adopted emergency regulations on June 26, 1991, and final regulations on Aug. 25, 1993. On May 9, 1996, the Board’s Waste Tire Hauler Regulations became effective pursuant to Senate Bill (SB) 744 (1993 statutes). On Jan. 29, 1998, the Board adopted emergency regulations to remove certain exclusions from the regulations regarding who needs to acquire a waste tire facility permit. These emergency regulations became final this past year. AB 117 (Escutia) was signed into law in 1998 requiring the Board to prepare a report to the legislature on the current waste tire program and to make recommendations by June 30, 1999, for needed changes. The Board adopted the final version of the report "California Waste Tire Program Evaluation and Recommendations" (Tire Report) at its June 22, 1999, meeting. Since the passage of AB 1843 (1989 statutes) and SB 744 (1993 statutes) the Board has been regulating the storage, disposal, and hauling of waste tires. This last year SB 876 (Escutia) was passed by the Legislature to make changes to the tire management statutes in order to better serve the regulated community and to protect public health and safety and the environment. The Board staff has proposed changes in the existing regulations to implement, interpret, and make specific the provisions of SB 876, as well as implementing certain recommendations from the AB 117 Tire Report. See http://www.ciwmb.ca.gov/RuleArchive/2000/Exclusions/

Proposed Regulations-Withdrawal of LEA Designation



  • These regulations establish a procedure for local governing body withdrawal of LEA designation, Board withdrawal of LEA designation approval, partial or full decertification, or temporary suspension of certification. The Permitting and Enforcement Committee approved these draft regulations in July 1998 for public notice. As a result of comments received after the Permitting and Enforcement Committee action the Board did not initiate a public comment period. Revised text is currently under development. The Board discussed the revised text at its Mar. 20-21, 2001, meeting. The Board will consider approval of the regulations for a 45-day comment period at its Apr. 24-25, 2001 meeting. See http://www.ciwmb.ca.gov/Rulemaking/leadsign/

Proposed Regulations-Insurance as a Financial Assurance Demonstration-45-Day Comment Period




  • Proposed regulatory amendments of two related financial assurance demonstration requirements under the general term of "insurance." The first is a proposed amendment of the regulations specifying that captive insurance is not an acceptable form of insurance to the Board as a financial assurance demonstration. The second is a proposed amendment to the Board's current Certificate of Insurance for Closure, Postclosure Maintenance, and Reasonably Foreseeable Corrective Action (CIWMB 106). The Board granted approval to begin a 45-day public comment period on June 20, 2000. Staff submitted the package to the OAL on Mar. 19, 2001. OAL published the regulations on Mar. 30, commencing a 45-day public comment period. See http://www.ciwmb.ca.gov/Rulemaking/Insuranc/


Proposed Regulations-Nonhazardous, Nonputrescible, Industrial Waste



  • These regulations set permitting and operational standards for hazardous waste disposal facilities that accept for disposal certain nonhazardous, nonputrescible, industrial solid wastes within a hazardous waste management unit. OAL approved emergency regulations July 31, 2000. The emergency regulations became effective on October 1, 2000. OAL approved an extension through May 30, 2001. Board staff has initiated the process to adopt permanent regulations. The Board conducted a public workshop on Jan. 17, 2001, to discuss the proposed permanent regulations. At its Mar. 20-21 meeting, the Board approved the proposed permanent regulations to be noticed for 45-day public comment period. Staff is currently preparing the regulation package for noticing. See http://www.ciwmb.ca.gov/Rulemaking/nonhaz/

Proposed Regulations-Compostable Materials



  • Placement of solid waste facilities and operations that handle compostable materials (green material--not composted, woody material--not composted) into regulatory tiers, development of minimum standards, and adjustment of existing regulations to accommodate the above placement. Public workshops in Sept. 1999 were focused on odor monitoring and enforcement at compostable materials handling sites, as well as on regulatory concepts for the revision of the composting regulations. From early July through early Aug. 2000, in eight venues throughout the state, the Board held workshops to discuss proposed changes to the regulations. Staff analyzed the information gathered at the workshops and revised the draft regulations accordingly. In Dec. 2000, Board staff solicited feedback from an external working group and in Jan. 2001, revised the regulations based on this feedback. The Board discussed issues related this package at its Feb. 20-22, 2001 meeting. The Board will consider approval of the regulations for a 45-day public comment period at its Apr. 24-25 meeting. See http://www.ciwmb.ca.gov/Rulemaking/organics/default.htm

Proposed Regulations-Tire Monofills



  • Staff is currently working on the permitting of tire monofills under the solid waste regulations. Staff distributed draft regulations for comment on Mar. 7. The Board held a public workshop on Mar. 12 to discuss the draft regulations. The Board will consider approval of the regulations for a 45-day public comment period at its Apr. 24-25 meeting. See http://www.ciwmb.ca.gov/Rulemaking/Monofill/

Water Resources Control Board


Apr. 26 Board Meeting Agenda



Stormwater General Permit/Construction Activity



  • Proposed modifications will be considered at Apr. 26 Board meeting. The proposal is in response to a judicial ruling that directed the SWRCB to modify the provisions of the General Permit to require permittees to implement specific sampling and analytical procedures to determine whether Best Management Practices (BMPs) implemented on a construction site are: (1) preventing further impairment by sediment in storm waters discharged directly into waters listed as impaired for sediment or silt, and (2) preventing other pollutants, that are known or should be known by permittees to occur on construction sites and that are not visually detectable in storm water discharges, from causing or contributing to exceedances of water quality objectives. See http://www.swrcb.ca.gov/stormwtr/index.html and http://www.swrcb.ca.gov/agendas/2001/april/0426mtg.htm

Surface Water Quality Data-Section 303(d) Submission



  • SWRCB is seeking data and information on the quality of surface waters of the state. The SWRCB has asked the nine Regional Water Quality Control Boards (RWQCBs) to solicit this information from the public on its behalf. The information gathered will be used in various assessments of the state’s waters including the development of a submission to the U.S. EPA required by federal CWA §303(d). This submission will be developed by the SWRCB and will provide EPA with a revised list of waters considered by the state to be impaired (not attaining water quality standards) after certain required technology based water quality controls are in place. It is anticipated that this submission will be provided to EPA by April 2002, as required by federal regulations. The submission will be based on information and data available to the SWRCB and the RWQCBs. The information gathered in this solicitation will also contribute to the preparation of the 2002 federal CWA §305(b) Report on Water Quality. Information should be submitted directly to RWQCBs by May 15. See http://www.swrcb.ca.gov/news/index.html

Emergency Regulations



Draft Nonpoint Source Compliance Assistance Guidance Required Pursuant to CWC 13369(b)



TMDL Development Public Notices, Drafts



Cruise Ship Environmental Task Force-Notice of Public Input Sessions



Office of Environmental Health Hazard Assessment


Proposed Proposition 65 Listing



Department of Pesticide Regulation


Semiannual Report Summarizing the Revaluation Status of Pesticide Products



Statement on Fumigant Monitoring



South Coast Air Quality Management District


Final Regulations-Mobile Source Credits



Emergency Executive Orders Extended



Final Regulations



Proposed Regulations-RECLAIM Program



  • Final public hearing May 11. See http://www.aqmd.gov/hb/010335a.html The proposal includes: temporarily separating power plants from the RECLAIM market for the next several years and requiring them to install air pollution controls on an expedited schedule; establishing a mitigation fee program, where power plants would pay to AQMD $7.50 per pound of NOx emissions in excess of their RECLAIM credit holdings. AQMD would use the fees collected to seek emission reductions from mobile, area, and stationary sources. Excess emissions would be deducted from the facility's future account holdings. Once emission reductions were generated from the mitigation fees, deductions would be credited back to the facility's account; requiring other RECLAIM facilities that do not produce electricity but do emit more than 50 tons per year to submit compliance plans demonstrating how future RECLAIM allocations can be met; and creating a short-term Air Quality Investment Program for new and some small RECLAIM facilities to offset nitrogen oxide emissions by paying a fee of $7.50 per pound. In a related action, the Board agreed to pre-fund this program with $2 million.

Proposed Regulations-Gasoline Transfer and Dispensing



  • Proposed amendments to Rule 461 would allow reverification testing to be conducted on weekend days (Saturday and Sunday) and correct cross-reference errors. Public workshop Apr. 26. See http://www.aqmd.gov/pub_edu/pcn_par461_2.html

Final Regulations-Paint Spray Booths



Rule Development Workshop



  • Mar. 29 workshop concerned proposed amendments to Rule 1401--New Source Review of Toxic Air Contaminants (TAC), to update the list of TACs and to request comments on potential impacts for facilities subject to Rule 1402–Control of Toxic Air Contaminant Emissions from Existing Sources. Rule 1401 applies to new, modified, or relocated permit units and establishes risk-based thresholds for cancer and noncancer (acute and chronic) TACs. Rule 1402 applies to facility-wide TAC emissions and likewise sets risk-based thresholds for cancer and noncancer impacts. The workshop was held to solicit comments regarding the proposed Rule 1401 amendments and potential Rule 1402 impacts. On June 15, 2001, a public hearing is scheduled for Proposed Amended Rule 1401 and a Report to the Board for Rule 1402 on the impacts resulting from the updated list of TACs. See http://www.aqmd.gov/pub_edu/notice_r1401_1402_2.html

red bar graphic COLORADO


Legislature


Air Emission Fee Increase Bill Passes House



Air Quality Control Commission


Proposed Regulations



  • Revisions to the Common Provisions Regulation regarding the adoption of provisions that would provide an affirmative defense argument in enforcement actions for excess emissions during startup and shutdown. Hearing June 21. See http://www.cdphe.state.co.us/op/Com_Prov_06_01.htm

  • Possible revisions of Regulation Number 11; proposal pending to modify the vehicle repair waiver limit under the program. Vehicles failing the enhanced vehicle emissions inspection are eligible for a waiver of repair costs if the vehicle repairs necessary to bring the emissions into compliance exceed $450. The Commission may consider increasing the repair waiver limit, decreasing the repair waiver limit, eliminating the repair waiver altogether, or taking no action at all. Hearing June 21. See http://www.cdphe.state.co.us/op/Reg11_06_01.htm

  • Proposed revisions to Regulation No. 8, Part A and Part E to adopt U.S. EPA revisions and updates to the NESHAPs and maximum achievable control technology standards. The Commission will consider the adoption of minor amendments to stationary source testing and monitoring rules, the adoption of Performance Specification 15, and reformatting the requirements with technical/editorial revisions. The Commission will also consider clarification and redefinition of terms, adoption of new emission limitations for exterior primers on large commercial aircraft, modifications to certain standards in Part E.III.M,P,Q,R,S, and X, and regulations implementing provisions for stationary source combustion turbines. Hearing June 21. See http://www.cdphe.state.co.us/op/Reg8A&E_06_01.htm

Water Quality Control Commission



May 14-15 Meeting Agenda



U.S. EPA Disapprovals of Colorado Water Quality Standards




Proposed Regulations



  • Hearings May 15 and July 9: Supplemental Hearing Notice. For consideration of the adoption of revised water quality classifications, standards, and designations for multiple segments in the San Juan and Dolores River Basins, Regulation #34 (5 CCR 1002-34), the Gunnison and Lower Dolores River Basins, Regulation #35 (5 CCR 1002-35), and the Lower Colorado River Basin, Regulation #37 (5 CCR 1002-37). The original notice for this rulemaking, dated Nov. 22, 2000, called for a Mar.12, 2001, rulemaking hearing. Since that time, the Commission has decided to bifurcate and reschedule the hearing on the issues to be considered. See http://www.cdphe.state.co.us/op/wqcc/0107lowercolo2.pdf 

  • May 14 comment deadline (no hearing) regarding (1) revisions to the Basic Standards and Methodologies for Surface Water, Regulation #31 (5 CCR 1002-31) to make corrections to Table III and (2) revisions to the Classifications and Numeric Standards for the Arkansas River Basin (Regulation #32), the Upper Colorado River Basin and North Platte River (Regulation #33), and the Rio Grande Basin (Regulation #36), (5 CCR 1002-32, 33 and 36), to make these regulations consistent with revisions to the Basic Standards and Methodologies for Surface Water resulting from a July 2000 rulemaking hearing. See http://www.cdphe.state.co.us/op/wqcc/0514metalswcrm.pdf

Hazardous Waste Commission


Proposed Regulations-Universal Waste


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Dept. of Envtl. Protection


Sound Health 2001: Status and Trends in the Health of Long Island Sound



Civil Penalty Policy



Listing of Title V Clean Air Act Permit Holders, Issued Permits



Final Regulations-General Permits



Permit Hearings-Calendar


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Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices



Request for Proposals for Nonpoint Source Implementation Grant Funds 


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Legislature


Permitting of Aquifer Storage and Recovery Wells



Dept. of Environmental Protection


Proposed Regulations-Solid Waste Management Facilities



  • DEP is proposing numerous changes to Chapter 62-701, F.A.C., regarding solid waste landfills, construction and demolition debris facilities, transfer stations, and materials recovery facilities. New definitions have been added; changes have been made to the operator training requirements; revisions to the landfill construction requirements pertaining to the standards for geosynthetic components; changes to the groundwater monitoring requirements; consolidation and clarification of the gas system requirements for landfills; a new waste processing facilities section has been added; changes made to the financial assurance requirements regarding the filing date for updated closure cost estimates; and revisions to the general permit for construction and demolition debris facilities, as well as to forms for permit transfers and for estimation of closure cost estimates for financial assurance. Hearing was Mar. 29.  

Proposed Regulations-Air Quality



  • Proposed amendments would introduce a new Application for Transfer of Air Permit form (DEP Form 61-210.900(7)).

  • Proposed rule amendments would clarify when separate processing of an Acid Rain Part of a Title V permit may be requested, clarify that an Acid Rain Part issued separately from a Title V permit is not a separate permit, allow the permit duration of an initial Title V permit for Acid Rain sources to be less than five years, change the phrase "material balance" to "inventory balance," clarify that an asbestos manufacturing and fabrication facility must have obtained an air construction permit prior to using a Title V air general permit, clarify who is liable for corrective actions when a facility with a Title V permit is transferred, clarify that a Title V permit shall only be issued for a new term through the renewal process, and clarify that when a permit condition is changed, both the revised and superseded conditions shall remain in the permit for the duration of the term with an effective date for the revised condition. See http://www.dep.state.fl.us/air/regulate/project/norm97.pdf

Proposed Regulations-Identification of Impaired Surface Waters 



  • The purpose of the proposed new rule is to establish a methodology to identify impaired waters that will be included on the state’s verified list of impaired waters, for which the Department will calculate TMDLs, pursuant to subsection 403.067(4), Florida Statutes (F.S.), and which will be submitted to the U.S. EPA pursuant to CWA §§303(d)(1)(A) and 303(d)(1)(C). As directed by 403.067, F.S., the development of the state’s 303(d) list will be a two-step process; waters will first be identified as potentially impaired and then any impairment will be verified before listing the water. The rule implements this statutory direction by providing a methodology to identify surface waters of the state that will be included on a "planning list" of waters. Pursuant to subsections 403.067(2) and (3), F.S., the DEP will evaluate the data used to place these waters on the planning list, verify that the data meet quality assurance and data sufficiency requirements of the "verified list," and collect additional data, as needed, to complete the assessment. The rule also provides information about the listing cycle, the format of the verified list, and delisting procedures. Hearing Apr. 26. 

Proposed Regulations-Water Quality




  • Proposed rule modifies Rule 62-4.050(4)(d)3., F.A.C., to delete certain language and thereby more accurately incorporate the appropriate language to describe the "no exposure" conditional exclusion from NPDES stormwater permitting. This change is consistent with language as promulgated by U.S. EPA and is substantially identical to the federal regulation as set out in 40 C.F.R. §122.26(g). Comments were accepted through Apr. 19. 

  • The proposed rule incorporates the "no exposure" exclusion from NPDES stormwater permitting as promulgated by U.S. EPA and is substantially identical to the federal regulation as set out in 40 C.F.R. §122.26(g). Rule 62-620.100(3) incorporates by reference certain regulations and documents necessary to implement the NPDES program in Florida including The Department Guide to Permitting Wastewater  Facilities or Activities Under Chapter 62-620, F.A.C., dated Oct. 10, 2000. The proposed rule updates the guide, as incorporated by reference, and incorporates the 2000 edition of the applicable federal rules as published in the Code of Federal Regulations. Comments were accepted through Apr. 19. 

  • Proposed rule incorporates by reference a new Application Form 2A, Permit for Domestic Wastewater Treatment and Reuse or Disposal Facility. Additionally, the rule amendments incorporate a new form, Form 62-620.910(17), entitled "No Exposure Certification for Exclusion from NPDES Stormwater Permitting." This form is necessary to implement the "no exposure" exclusion from NPDES permitting whereby one may not need an NPDES permit if it can be established stormwater falling upon a facility has "no exposure" to industrial activity. Comments were due Apr. 19.

Proposed Regulations-Comprehensive Artificial Fishing Reef Program Control Code



  • Proposal will repeal all rules within Chapter 62R-9, Fla. Admin. Code. The DEP's statutory authority for these rules has been transferred to the Florida Fish and Wildlife Conservation Commission, which now administers its grant program under section 370.023, Fla. Stat. (amended by section 237, Chap. 99-245, Laws of Fla.), and the artificial reef program under section 370.25, Fla. Stat. (amended by section 45, Chap. 2000-364, Laws of Fla.). The Florida Fish and Wildlife Commission has asked that the Department repeal its rule as the Commission has initiated its own rule development to implement the revised statute. 

Proposed Regulations-Land and Water Conservation Fund Program



  • Proposal describes grant procedures. Hearing, if timely requested, would be May 9. 


Update on Electronic Reporting/Permitting



2000 Ombudsman Annual Report



Southwest Florida Water Management District


Proposed Regulations-Irrigation Wells



  • Rule amendment will modify the circumstances in which Form No. 42.10-005 must be submitted. The amendment will effectively create an exemption from the requirement to submit the form for irrigation wells constructed on residential property of one acre or less.

  • Proposed amendments will remove several exemptions from environmental resource permitting, specifically for projects that had received some form of regulatory or governmental approval prior to Oct. 1, 1984. Those projects will now be required to obtain environmental resource permits. 

  • Proposed amendments will clarify scope of exemptions from environmental resource permitting for certain seawall construction or restoration activities. 

South Florida Water Management District


Proposed Regulations-Everglades Phosphorus Load



  • Proposed regulations will implement the Everglades Forever Act by mandating a 25% reduction in the total phosphorus load discharged from the Everglades Agricultural Area. See http://www.sfwmd.gov.rules

Proposed Regulations




  • Regulations would establish criteria for conditions of permit issuance consistent with Rule 40E-8, F.A.C., regarding minimum flows and levels. The rulemaking would also update citations to and modify the "Basis of Review for Water Use Permit Applications within the South Florida Water Management District – October 1997" to incorporate changes consistent with Rule 40E-8, F.A.C.  Consumptive use permittees (including those owned or operated by local governments) in the Lower East Coast planning area, including the Lake Okeechobee Service area and the Lower West Coast planning area, will be required to comply with rule criteria for permit renewals, new permits, and permit modifications for allocations either directly or indirectly from MFL water bodies, depending upon the applicable recovery or prevention strategy for the subject MFL water body. Hearing May 10. 

  • Proposed regulations would establish minimum flows and levels for Lake Okeechobee, the Everglades (which includes the freshwater regions of Everglades National Park, Water Conservation Areas, and the Holeyland and Rotenberger Wildlife Management Areas), the Biscayne Aquifer in southeastern Florida, the Lower West Coast Aquifers, and the Caloosahatchee River, in accordance with Ch. 373, F.S. The proposed rule established Minimum Flows and Levels (MFLs) for the Everglades, the Caloosahatchee River, Lake Okeechobee, the Biscayne Aquifer and the Lower West Coast Aquifers to correct or prevent significant harm to the water resources and ecology of an area. The MFLs are established using best available information (peer reviewed) and will be reviewed no less than every 5 years. Review of the Caloosahatchee MFL will occur within a year of rule adoption, and the MFL will be modified modified as necessary. Resource protection standards in Chap. 373, F.S., are defined. The proposed rule distinguished between an MFL exceedance (falling below the MFL) and an MFL violation (falling below the MFL in excess of the allowable frequency). Recovery and prevention strategies for the subject areas are outlined. Consumptive use permitting and water shortage criteria are outlined. The Governing Board retains the ability to balance water supply, flood protection, natural resource protection, and water quality protection goals in implementing the MFLs. The MFLs will become effective immediately upon adoption of the proposed rules. Implementation of recovery and prevention strategies will be phased in, as required by the regional water supply plan. In MFL Recovery Areas (the Everglades and the Caloosahatchee River) existing water use permits will not be revoked or modified by the District prior to expiration based on their impact on an MFL water body, unless an approved alternative source is concurrently provided to offset any reduction. Public hearing May 10. 
  • Proposed amendments would clarify the District's interpretation of the statutory scope of the consumptive use program.

  • Proposed regulations would establish criteria for conditions for permit issuance consistent with Rule 40E-8, F.A.C., regarding minimum flows and levels. The purpose is also to update references to the "Basis of Review for Water Use Permit Applications within the South Florida Water Management District–October 1997."  Public hearing May 10. 

  • Proposed regulations implements the MFLs proposed for the Everglades, the Caloosahatchee River, Lake Okeechobee, the Biscayne Aquifer, and the Lower West Coast Aquifers (see above) through the water shortage plan. Water condition evaluations, water shortage restrictions, and declarations are modified to incorporate Ch. 40E-8,  F.A.C., provisions and specific phase cutbacks for uses in the Lake Okeechobee Service Area are included. Hearing May 10. 
  • Proposed rules would implement the Everglades Forever Act by addressing annual average loading of phosphorus. 

  • Proposed regulations establish a regional water shortage plan for Lake Okeechobee consistent with Ch. 40E-8, F.A.C. Water levels within Lake Okeechobee that will be considered by the Governing Board in declaring a water shortage pursuant to Rule 40E-21.231, F.A.C., are identified. The rules in this section apply to the withdrawal of surface water from Lake Okeechobee and its connected canal system. Hearing May 10. 


Dept. of Community Affairs-Fla. Coastal Management Program


Proposed Regulations-Grant Funds



  • Proposed rules are intended to clarify the Florida Coastal Management Program competitive subgrant application process and improve the overall operation of the competitive award program. 

Dept. of Agriculture and Consumer Services-Div. of Agricultural Envtl. Services


Proposed Regulations-Nitrogen Best Management Practices



  • Proposed rule amendment will adopt a specific interim measure for forage crops (Bahiagrass and Bermuda grass) grown within the Suwannee River Water Management District boundaries. 

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Office of the Governor


S.B. 130-Metropolitan North Georgia Water Planning District, Signed Into Law



Dept. of Natural Resources, Envtl. Protection Division


Air Permit Applications


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Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


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Legislature


Agricultural Nuisance Odor Legislation Enacted



Animal Feedlot Siting Legislation Enacted



Dept. of Envtl. Quality


Water Quality-Draft Guidance Documents




  • DEQ is seeking comment on three draft guidance documents. Methods used by DEQ to evaluate physiochemical, physical habitat, and biological data on water bodies are described in the “Water Body Assessment Guidance” draft document. In addition, the document outlines various strategies DEQ will use to determine water quality impairment. Two additional draft documents, “Idaho River Ecological Assessment Framework” and “Idaho Small Stream Ecological Assessment Framework,” detail DEQ’s technical methods used to assess the aquatic life of rivers and streams. Comments due May 1. See http://www2.state.id.us/deq/news/jan29_01a.htm Workshops Apr. 24, May 2, and May 8. See http://www2.state.id.us/deq/water/wbag2000/wbag_workshop.pdf


Outstanding Resource Waters-Petitions



Pending Permit Applications



Water Quality-Teton River Streams




  • Public comment extended through May 7 regarding proposed sediment load limits in Badger, Darby, Fox,
    Packsaddle, South Leigh, Spring, and North Leigh Creeks and in the upper Teton River, and maximum nitrogen loads in the Teton River from Highway 33 to Bitch Creek. See http://www2.state.id.us/deq/news/april10_01b.htm


Fuel Spills Workshop



Sediment Control/Wetlands Technology Workshops


red bar graphic ILLINOIS


Pollution Control Board


Minutes from Apr. 5 Board Meeting



Proposed Regulations





  • In the Matter of: Proposed Amendments to 35 Ill. Adm. Code 217.Subpart V, Electrical Power Generation-The Board on Apr. 5 adopted a final opinion and order in this matter to amend the Board’s air pollution control regulations.



  • In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart U, NOx Control and Trading Program for Specified NOx Generating Units, Subpart X, Voluntary NOx Emissions Reduction Program, and Amendments to 35 Ill. Adm. Code 211–On Apr. 5, the Board adopted a final opinion and order in this matter to amend the Board’s air pollution control regulations.



  • In the Matter of: Progressive Environmental Services, Inc. d/b/a Antifreeze Recycling for an Adjusted Standard from 35 Ill. Adm. Code 720.313(c)–Pending receipt of the certificate of publication, the Board on Apr. 5 held this Sangamon County facility’s petition for an adjusted standard from the Board’s hazardous waste regulations.



  • Proposed revisions to the nondegradation rules (In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm. Code 302.105, 303.205, 303.206 and 106.990-106.995). The proposed revisions are part of the triennial water quality standards review. Included in the proposal is changing the rules’ name to Antidegradation to conform with federal rules. See http://www.ipcb.state.il.us/RULES/R01-013/HearingRecords.htm and   http://www.ipcb.state.il.us/RULES/106prop.pdf 



  • In the Matter of: Amendments to Livestock Waste Regulations, 35 Ill. Adm. Code 506. The Board accepted for hearing the Department of Agriculture’s Jan. 22 proposal to amend the Board’s livestock waste regulations, granted the motion to waive the filing requirement of nine copies of documents incorporated by reference, and adopted a first notice opinion and order in this matter. The proposed rules concern design and construction standards for livestock waste lagoons and non-lagoon livestock waste handling facilities. Additionally, the Department’s proposal seeks to amend the Board’s current livestock management rules by repealing Board rules that have been effectively superceded by rules promulgated by the Department. See 8 Ill. Adm. Code 900. In the Matter of: Amendments to Livestock Waste Regulations (Feb.15, 2001), R01-28. Public hearing was Apr. 17. Written comments are accepted through May 1. See http://www.ipcb.state.il.us/RULES/proposal.htm Questions for the Department of Agriculture concerning the proposed amendments available at http://www.ipcb.state.il.us/rules/R01-028/R01-28HO3.pdf



  • Proposed amendments to UST regulations--The amendments that the agency is proposing are intended primarily to clarify and refine certain provisions, taking into account the experience the agency has gained in administering the UST Program and changes in the law since its adoption. Included in the proposed amendments is the addition of MTBE as an indicator contaminant in gasoline in response to increased national health concerns. The agency is proposing to recognize the role of licensed professional geologists in UST site evaluations. It is also proposing to let only accredited laboratories perform quantitative analyses of samples for use in UST remediation projects. Second hearing was Apr. 3. In the Matter of: Amendments to Regulation of Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732. See http://www.ipcb.state.il.us/RULES/R01-026/Agency_Proposal.pdf 



Open Regulatory Dockets



March PCB Environmental Register



Envtl. Protection Agency


Permit Application/Public Hearings



 




Leaking Underground Storage Tank Program, 2000 Annual Report 


red bar graphic INDIANA


Dept. of Envtl. Management


Final Regulations-Solid Waste



  • Amends 329 IAC 3.1 to require two paper copies and an electronic report of groundwater laboratory analytical data and field parameters. Amends 329 IAC 12-7 to allow some flexibility in when the accredited training course for solid waste facility operators must be taken and adjusting the length of time the recertification is valid. Amends 329 IAC 13 to clarify secondary containment for used oil containers and aboveground tanks.

Proposed Regulations-Air Quality



  • Redesignation Request-Hearing Apr. 26. Clark and Floyd Counties, which are part of the Louisville Moderate Ozone Nonattainment Area, would be redesignated from nonattainment to attainment of the one-hour ozone standard. See http://www.state.in.us/idem/calagenda/notice21.pdf

  • Proposal adds 326 IAC 10-3 for the control of NOx emissions from specific source categories. Adds 326 IAC 10-4 for the establishment of a NOx budget trading program. Comments due Apr. 23. 

  • Draft rule language for amendments to 326 IAC 2 as required by P.L.112-2000 (HEA 1343). IDEM has also made changes to 326 IAC 2 regarding amendments necessary to obtain U.S. EPA's approval of the prevention of significant deterioration (PSD) rules as part of the SIP and federal approval of the Title V permit program. IDEM proposes language to revise 326 IAC 2 to reflect P.L.112-2000 to provide clear exemptions to the different types of permittees. The general provisions of 326 IAC 2-1.1 are amended by:

    (1) deleting the permitting thresholds based on potential to emit in section 326 IAC 2-1.1-3(b);


    (2) revising insignificant activities as necessary to ensure that potential-to-emit is below the applicable thresholds;


    (3) conditioning the exemptions to ensure that adding activities will not result in violations of federal requirements for major sources (major new source review in attainment and nonattainment areas and a federally enforceable state operating permit source becoming a Title V operating permit source) without review; and


    (4) specifying exemptions for Title V operating permit sources in 326 IAC 2-7 along with the special requirements of 40 CFR Part 70.


    The language also addresses U.S. EPA, permittee, and IDEM concerns regarding the expiration of certain conditions in permits that need to remain in effect during the operating life of the facility. Comments due Apr. 30. 


Proposed Regulations-Water Quality



  • Amendments to general permit rules under 327 IAC 15 that affect Storm Water Run-Off Associated with Construction Activity, and Storm Water Discharges Associated with Industrial Activity. The amendments to Article 15, Rules 5 and 6, seek to modify and revise the existing rules to add the federal Phase II requirements, add changes to the Phase I program, and add clarity and effectiveness to the existing program. The environmental benefit to be achieved from this rulemaking is that it regulates stormwater run-off, which is known to be a leading cause of pollution in water bodies. Comments due May 2. 

  • Amendments to 327 IAC 5 concerning stormwater discharges and on the development of new rule under the 327 IAC 15 general permit rule program to add the federal requirements for Municipal Separate Storm Sewer Systems (MS4s). Comments due May 2. 

Proposed Regulations-Solid Waste



  • IDEM has opened for periodic review and readoption the following rules in Title 329 of the Indiana Administrative Code pursuant to comments received under IC 13-14-9.5: 329 IAC 1-1, 329 IAC 12-2, and 329 IAC 13-3. This rulemaking is required pursuant to IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of IC 13 and was in effect on Dec. 31, 1995, expires no later than Jan. 1, 2002. All rules adopted after that date under IC 13-14-9, with some exceptions listed in IC 13-14-9.5-1, expire on Jan. 1 of the seventh year after the year in which each rule takes effect. The First Notice of Comment Period and Continuation of First Notice of Comment Period opened all rules required to be opened in Title 329 for readoption, regardless of their initial effective date. Other comments received are being included and considered within other currently existing rulemakings. Public hearing May 15, at 1:30 p.m., at the Indiana Government Center-South, 402 West Washington Street, Conference Center Room A, Indianapolis.

  • IDEM opened the following rules in Title 329 of the Indiana Administrative Code pursuant to comments received under IC 13-14-9.5: 329 IAC 11-9, 329 IAC 11-11, and 329 IAC 11-14. This rulemaking is required pursuant to IC 13-14-9.5. Comments due May 1. 

See http://www.ai.org/legislative/register/April-1-2001.html


Permit Applications



Indiana Environment Online


red bar graphic IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Final Regulations-Solid Waste




  • Rescinds Chapter 101, “General Requirements Relating to Solid Waste Management and Disposal,” and Chapter 109, “Fees for Disposal of Solid Waste at Sanitary Landfills,” and adopts new Chapter 101, “Solid Waste Comprehensive Planning Requirements,” Iowa Admin. Code. These amendments revise the rules pertaining to solid waste comprehensive planning. The content of Chapter 109 has been incorporated into new Chapter 101. The guidance document, “Guidelines for Solid Waste Comprehensive Planning: Integrated Solid Waste Management Systems,” which provides additional assistance to those filing comprehensive plans and is adopted by reference herein, has also been updated. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010418.html


Final Regulations-Groundwater Protection




  • Amends Ch. 1, “Description of Organization,” Ch. 2, “Public Records and Fair Information Practices,” Ch. 3, “Submission of Information and Complaints-Investigations,” and Ch. 9, “Groundwater Hazard Documentation,” and rescinds Ch. 15, “Groundwater Protection Program Evaluation,” Iowa Administrative Code. These amendments update the description of the agency, the administrative subdivisions of the agency and the programs implemented by each of them, the mission statement of the agency, and the office locations of the agency; update information related to the Department’s records and update rule references and procedures; add private burial sites to the Groundwater Hazard Form; and remove the requirement that the social security numbers of the transferor and transferee be included on the form. Ch. 15 is rescinded.


Emergency Regulation-Household Hazardous Waste Regional Collection Centers




  • Amends Chapter 211, “Grants for Regional Collection Centers of Conditionally Exempt Small Quantity Generators and Household Hazardous Wastes,” Iowa Admin. Code. The purpose of this amendment is to reflect OSHA training requirements for the duties of a regional collection center (RCC) operator more accurately and require training for mobile unit operators to ensure safety in hazardous waste transportation. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010418.html


Proposed Regulations-Waivers/Variances




  • Ch. 13, “Waivers or Variances from Administrative Rules,” Iowa Admin. Code. The purpose of this rulemaking is to adopt waiver rules to implement Iowa Code §17A.9A and Executive Order No. 11, signed by Governor Vilsack on Sept. 14, 1999. The proposed action is to adopt by reference the currently proposed new 561-Chapter 10, “Waivers or Variances from Administrative Rules.” Notice of Intended Action proposing 561-Chapter 10 was published in the Iowa Administrative Bulletin as ARC 0495B on February 21, 2001. Comments were due Apr. 10. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html


Proposed Regulations-Air Quality




  • Amendments to Ch. 22, “Controlling Pollution,” Iowa Admin. Code. Item 1 incorporates the Department’s existing Title V Periodic Monitoring Guidance into the rule and allows the option for facilities to submit their own periodic monitoring plan. Periodic monitoring is required by 40 C.F.R. pts. 70.6 and 71.6 where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring. Item 2 adopts by reference 40 C.F.R. pt. 64, Compliance Assurance Monitoring (CAM) for major stationary sources of air pollution that are required to obtain operating permits under Title V of the CAA. The fundamental requirements of CAM are to: (a) monitor compliance in a manner that is sufficient to yield data that provide a reasonable assurance of compliance and allow an owner or operator to make an informed certification of compliance; (b) take necessary corrective actions in response to the monitoring data; (c) report on the results of such monitoring; and (d) maintain records of such monitoring. Comments due May 4; public hearing Apr. 27. See http://www.state.ia.us/dnr/organiza/epd/airoper/aqoper.htm and http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html


Proposed Regulations-Water Quality




  • Amendments to Ch. 60, “Scope of Title-Definitions-Forms-Rules of Practice,” and Ch. 64, “Wastewater Construction and Operation Permits,” Iowa Admin. Code. These amendments adopt by reference a new general permit for dewatering and process water discharge from mining and quarrying operations. Iowa Code §455B.173(12) allows the Commission to adopt general permits that will cover numerous facilities to the extent they are representative of a class of facilities that can be identified and conditioned by a single permit. The primary water quality concerns with discharges from mining and quarrying operations relate to suspended solids and pH. Therefore, a general permit with limits for those parameters and associated monitoring/reporting requirements will be protective of water quality. Under the terms of the general permit rule, the Department of Natural Resources could require an individual discharge permit if it was determined that the general permit was not protective enough or would cause violations of state water quality standards. The definition of “general permit” found in Chapter 60 is also being changed to conform with the existing statute. In addition, some extraneous language is being eliminated and corrections are being made. Under present general permit rules, the information needed for a complete application is listed for each type of general permit. Inasmuch as the information required is clearly identified on the application forms, and the forms are rule-referenced documents, the item-by-item listing of the information is not needed. The public notice provisions for General Permits Nos. 1, 2, and 3 are also being consolidated and language relating to General Permit No. 3 is being added to Ch. 60. Comments were due Apr. 10; hearing was same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html


Proposed Regulations-Animal Feeding Operations




  • Amendments to Ch. 65, “Animal Feeding Operations,” Iowa Admin. Code. The proposed amendments add several provisions pertaining to certification and related fees for manure applicators, including implementation of statutory provisions that exempt certain family members from payment of the confinement site manure applicator certification fee. The proposed amendments would also convert differential expiration dates for manure applicator certificates to a uniform date, add four lakes as major water sources and make editorial corrections. The proposed amendments also change the definition of “freeboard” to allow for the gravity unloading of an aboveground manure storage tank provided the tank is equipped with redundant valves and barricades, and an emergency response plan is available on site. Comments due Apr. 24; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html



  • Proposed amendment would extend until July 1, 2002, the period during which the owner of a confinement feeding operation may remove and apply manure from a manure storage structure in accordance with a manure management plan that has been submitted to, but not yet approved by, DNR. Comments due Apr. 24; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html 


Final Regulations-Air Quality



Final Regulations-Water Quality


red bar graphic KANSAS


Department of Health & Environment, Division of Environment


KDHE "Kansas Environmental News"


red bar graphic KENTUCKY


Dept. for Envtl. Protection, Division of Air Quality


Proposed Regulations



Permit Applications/Hearing Notices 



Dept. for Envtl. Protection, Division of Water


Final Regulations-Drinking Water 




  • Drinking water regulations were approved by the Administrative Regulations Review Subcommittee (ARRS) on Mar. 7. All regulations will be republished in the April Administrative Register. See http://water.nr.state.ky.us/dow/regs.htm#DW


Proposed Regulations-General Permit



Permit Applications  


red bar graphic LOUISIANA


Dept. of Envtl. Quality


Permit Applications



DEQ Environmental Update


red bar graphic MAINE


Dept. of Envtl. Protection


Final Regulations-Lead Management




  • Minor revisions to Ch. 424, Lead Management Regulations, to ensure consistency with a new federal rule, 24 C.F.R. pt. 35, HUD's Lead-Safe Housing Regulations, and to encourage the development of adequate capacity of lead professionals to comply with the federal rule. Other proposed revisions were intended to clarify certain requirements of the rule. Effective Apr. 11. See http://www.state.me.us/sos/cec/rcn/apa/notices/041801.htm

red bar graphic MARYLAND


Dept. of the Environment


Interim Guidance-Cleanup Standards for Soil and Groundwater



Proposed Regulations-Underground Storage Tanks




  • The purpose of these proposed amendments is to carry out the following law changes resulting from the passage of Chapter 604, Acts of 2000, as summarized: establish a reimbursement program for heating oil releases and utilize 25% of the annual Oil Contaminated Site Environmental Cleanup Fund revenues specifically for residential heating oil release reimbursement; terminate the eligibility of tank owners experiencing petroleum releases from tank systems installed or upgraded to meet the 1998 deadline requirements of Subtitle I of RCRA; disqualify those tank owners seeking reimbursement who were not in compliance with the requirements of Subtitle I of RCRA on Dec. 22, 1998. In addition, the amendments include a provision not associated with Ch. 604, to encourage expeditious cleanup of sites and provide more reimbursement flexibility for remediation methods that result in timely completion of cleanups. The amendments include the following revisions: (1) reimbursement eligibility is established for heating oil releases from both non-residential underground storage tanks and residential heating oil tank systems--residential heating oil tanks include by definition, aboveground and underground tank systems; (2) certain heating oil cleanup costs incurred on or after Oct. 1, 2000, are eligible for reimbursement; (3) a provision to approve reimbursement amounts beyond the limits of stated categories if the cleanup achieved closure within two years of the corrective action plan approval; (4) reimbursement for certain residential heating oil cleanup costs up to $10,000, less a $1,000 deductible; and (5) residential heating oil cleanup costs reimbursement applies only once per the period of home ownership. Public hearing May 24. See http://www.mde.state.md.us/was/oilcont/ust/ph_comar.htm


General Permit-Poultry Manure Management



Public Meetings/Hearings     



Scrap Tire Program's Annual Report for Fiscal Year 2000



Water Quality Standard-Triennial Review


red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


319 Nonpoint Source Pollution Competitive Grant Program-Request for Proposals



Proposed Regulations-Air Quality



Proposed Regulations-Hazardous Waste




  • Draft-Quality Assurance and Quality Control Requirements and Performance Standards for SW-846 Method 8260B.



  • Draft-Quality Assurance and Quality Control Requirements and Performance Standards for SW-846 Method 6010B.


See http://www.state.ma.us/dep/new.htm


Guidance-Wetlands



Guidance-Drinking Water Quality



Enforcement Actions


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Public Meeting with DEQ Director



Proposed Regulations-Air Quality



  • Public hearing May 16 on the proposed rescission of R 336.1913 and R 336.1914 (ORR No. 2001-001EQ). The proposed rescission of the start-up, shutdown, and malfunction rules will address interim approval issues regarding Michigan’s Renewable Operating Permit Program raised by the U.S. EPA as necessary to gain full program approval and state delegation. Comments due same date. See http://www.deq.state.mi.us/aqd/rules/rules.html

Draft TMDL



 



  • The Surface Water Quality Division has issued the Coldwater River Biota TMDL for comment. This water body was included in Michigan’s Year 2000 Section 303(d) report as a threatened water body due to reduced biological community, as affected by elevated sedimentation. The biota TMDL is established to better meet Water Quality Standards by reducing controllable solids loadings through the implementation of best management practices. Comments on the TMDL may be submitted to John Wuycheck, Michigan Department of Environmental Quality, Surface Water Quality Division, P.O. Box 30273, Lansing, Michigan 48909-7773, by May 10, 2001. Copies of the draft report and list are available through Laura Smith at 517-335-4184, E-mail at smithla3@state.mi.us,  or on the Web at www.deq.state.mi.us/swq/gleas/gleas.htm.


Permitting Calendar  



Regional Pollution Prevention (P2) Funding Available



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Proposed Regulations-Listed Metals Product Prohibitions



  • Proposed regulations would implement the Listed Metals in Specified Products program created by Minn. Stat. §115A.9651. If adopted, the proposed rule will make effective the recommendations of the Listed Metal Advisory Counsel (LMAC). The LMAC has recommended that the MPCA prohibit the distribution for sale or use of 22 “specified” or “new products” that contain “listed metals” as described in Minn. Stat. §115A.9651, Listed metals in specified products; enforcement. Comments were due Apr. 18. See http://www.pca.state.mn.us/news/publicnotice/rule-0319a01.html

Proposed Regulations-Water Quality



  • MPCA is considering rule amendments that correct errors and omissions in the existing rules governing individual sewage treatment facilities. MPCA is proposing the following changes: (1) reestablishment of the minimum suitable soil requirement for placement and use of mound systems; (2) clarification of pipe requirements; and (3) clarify the cross-reference to existing Minn. Stat. §115.55, subd. 5a(c) and (d). Comments due Apr. 27. See http://www.pca.state.mn.us/news/publicnotice/rule-031901.html  

Permit Applications, Other Notices



Animal Feedlot/Storage Area Registration Update


red bar graphic  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Water Quality




  • Proposed amendments to 10 CSR 20-4.023, State Forty Percent Construction Grant Program. The amendment allows public water supply districts wishing to construct wastewater treatment/collection systems to be eligible for 40% grants and corrects various non-substantive errors. At present, public water supply districts cannot qualify for the program. Hearing May 23; comments due June 6. 



  • Proposed amendments to 10 CSR 20-4.043, Hardship Grant Program. The proposed amendment broadens the methodology for determining unemployment criteria. Hearing May 23; comments due June 6. 


Final Regulations-Air Quality




  • Adoption of 10 CSR-2.215, Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area. 


Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphic MONTANA


Dept. of Envtl. Quality


Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphic NEVADA


Division of Envtl. Protection/Environmental Commission


Proposed Regulations-Groundwater




  • Commission will consider, on May 10, temporary amendment to NAC 445A.810 to 445A.925, the underground injection control (UIC) program. The proposed amendment provides that "other Sensitive Groundwater Areas" can be determined to meet compliance with the proposed regulations. The regulations revise outdated Nevada Revised Statute references, the expansion of minor permit modification criteria and logistics, the expansion of temporary permit criteria, methods to establish permit limits in the absence of specific standards, and the prohibition on treated effluent is to be repealed. New definitions for cesspool, Class V Rule, delineation, drywell, groundwater protection area, improved sinkhole, other sensitive groundwater area, motor vehicle waste disposal well, point of injection, sanitary waste, septic system, source water assessment and protection program, subsurface fluid distribution system, are proposed amendments. Restrictions are imposed on Motor Vehicle Waste Disposal wells. Fees for renewals in NAC 445A.872 are reduced, repealed and incorporated into the existing annual fee. This fee category is expanded to included major modifications. See http://ndep.state.nv.us/sec/t2001-07.pdf


Proposed Regulations-Air Quality




  • Permanent amendment to NAC 445B.001 to 445B.395, the air pollution control regulations. Amended is NAC 445B.194, which limits the criteria for temporary sources. NAC 445B.287 redefines the requirement when an operating permit or permit to construct is required. NAC 445B.288 redefines insignificant activities. NAC 445B.290 requires new stationary Class I sources to submit an application. NAC 445B.295 redefines the requirements for compliance plans. NAC 445B.316 amends the description of emissions trading to be modified to ensure consistency with 40 CFR Part 70 and provides conditions governing a permit shield. NAC 445B.331 is amended for change of location fees for Class I and II sources requiring 10 days advanced notice. Hearing May 10. See http://ndep.state.nv.us/sec/p2000-12.pdf



  • Temporary amendment to NAC 445B.001 to 445B.395. The proposed temporary regulation amends NAC 445B by creating and defining a new classification of operating permits. The new Class III permit will provide eligible sources (those emitting 5 tons or less of specific pollutants) a streamlined permitting process, which includes accelerated permit review and issuance and lower permitting fees. Hearing May 10. See http://ndep.state.nv.us/sec/t2001-05.pdf


Proposed Regulations-Recycling




  • Temporary amendment to NAC 444A.005 to 444A.470 to extend programs for separating at the source recyclable material from other solid waste to include public buildings in counties with populations greater than 100,000. The proposed temporary regulations add for public buildings the minimum standards and a model plan that were previously established for the source separation of recyclables at residential premises. Definitions for public building, paper, and paper product are added. NAC 444A.120 is proposed to be amended to add public buildings, and 444A.130 is amended to provide for a municipality to make available a source separation of recyclable materials at public buildings. Hearing May 10. See http://ndep.state.nv.us/sec/t2001-03.pdf



  • Temporary amendment to NAC 232 and/or NAC 444A. The proposed temporary regulation prescribes the paper and paper product recycling procedures for state agencies. The temporary regulation provides criteria for exemption from the recycling requirements, provides for clearly labeled containers, establishes reporting criteria by state agencies, and requires a building recycling plan to be submitted to the DEP. Hearing May 10. See http://ndep.state.nv.us/sec/t2001-04.pdf Draft guidance available at http://ndep.state.nv.us/sec/modplan.pdf


Final Guidance Documents


red bar graphic NEW HAMPSHIRE


Dept. of Envtl. Services


Proposed Regulations-Water Quality



Proposed Regulations-Restricted Use Areas



Proposed Regulations-Air Quality




  • Env-A 205.03, Env-A 205.04, and various sections of Env-A 623. The proposed amendments to these rules clarify public notice requirements for applications for prevention of significant deterioration (PSD) and new source review (or nonattainment) permits, and add provisions to the Department's PSD rules so that they will be consistent with requirements set by the U.S. EPA. The purpose of these changes is to obtain EPA's approval of New Hampshire's PSD permit program so that the Department will have full authority to draft, issue, and enforce PSD permits for facilities located in New Hampshire. This rulemaking is being conducted pursuant to RSA 125-C:4. Hearing May 22; comments due June 1. See http://www.des.state.nh.us/hearings.htm#may22

red bar graphic NEW JERSEY


Dept. of Envtl. Protection


Current DEP Bulletin (Permit Applications; Proposed Regulations) 


red bar graphic NEW MEXICO


Office of the Governor


Natural Gas Pipeline Safety Legislation Signed Into Law



Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal


red bar graphic NEW YORK


Dept. of Envtl. Conservation


Final Guidance-Pesticides



  • Revised Technical and Administrative Guidance Memorandum (TAGM) DSHM99-10: Guidance Concerning Compliance with the Pesticide Reporting Law (Chapter 279, Laws of1996), . This revision is being issued as TAGM: PES 99-10. The revised TAGM contains additional guidance on complying with requirements of the Pesticide Reporting Law (Chapter 279, Laws of 1996). This law added a new Title 12, "Pesticide Sales and Use Data Base and Recordkeeping and Reporting," to Article 33 of the Environmental Conservation Law. Title 12 became effective on Jan.1,1997. Regulated entities must report pesticides sales and use information no later than Feb.1 for the prior calendar year. This revision was necessary in order to comply with new requirements of Part 325 Rules and Regulations Relating to the Application of Pesticides (revised Jan. 21, 2000). It also contains an amendment to allow regulated entities making aerial applications of pesticides to report by county, municipality, and zip code. 

Draft Enforcement Directive



  • Draft Enforcement Directive entitled Management of Coal Tar Waste and Coal Tar Contaminated Soils and Sediment From Former Manufactured Gas Plants Sites. This Enforcement Directive outlines the criteria wherein coal tar waste and soils and sediment that have been contaminated with coal tar waste from former manufactured gas plants only exhibiting the toxicity characteristic for benzene (D018) may be conditionally excluded from the requirements of 6 NYCRR pts. 370-374 and 376 when they are destined for permanent thermal treatment. These materials will remain subject to the applicable Solid Waste Regulations, 6 NYCRR pts. 360, 364. Comments due May 4. Contact erobrech@gw.dec.state.ny.us

State Pollutant Discharge Elimination System (SPDES) Priority Ranking List



ALJ Rulings



Environmental Notice Bulletin (Permit Applications) 



Permit Applications



Coastal Management Program Notices



New York City, Department of Sanitation


Agreement on Retrofitting of Diesel-Fueled Trucks Reached


red bar graphic  NORTH CAROLINA


Environmental Management Commission


Regulation of Isolated Wetlands Affirmed Post-Solid Waste Agency



North Carolina Clean Smokestacks Plan-Introduced Compromise Bills



  • Issued by the Clean Air Coalition; endorses additional legislation to address air emission concerns. The plan recommends reductions in NOx, sulfur dioxide, and mercury; a cap on summertime NOx emissions at 23,000 tons, an 80% reduction compared to 1998 levels; a cap on year-round NOx emissions at 50,000 tons, an 80% reduction compared to 1998 levels; a cap on sulfur dioxide emissions at 85,000 tons annually, an 82% reduction compared to 1998 levels; a 90% reduction in mercury emissions compared to 1998 levels; and a reduction in greenhouse gas emissions to 1990 levels. See http://www.environmentaldefense.org/pubs/NewsReleases/2001/Mar/c_NCcleanair.html

  • Compromise companion bills, S.B. 1078 and H.B. 1015, were introduced. (See DEHR Secretary's response,  below). While the bills do not go as far as the Clean Air Coalition proposed, they would cap total statewide emissions of nitrogen oxides from coal-fired plants at 60,000 tpy by Jan. 1, 2007, and 56,000 tons by Jan. 1, 2009. See http://www.ncga.state.nc.us/gascripts/billnumber/billnumber.pl?Session=2001&BillID=s1078

Dept. of Env't and Natural Resources


Statement From DENR Secretary Bill Ross On Proposed Clean Air Legislation



Division of Air Quality Penalty Assessments



Division of Air Quality Draft Regulations



DENR Enforcement Data



Water Quality-Basinwide Assessment Reports



Two-Year Action Plan for Livestock Operations


red bar graphic  NORTH DAKOTA


Legislative Assembly


Wind Energy Generation Tax Exemption/Credit Legislation Enacted


red bar graphic  OHIO


Envtl. Protection Agency


OPEA Actions, Notices by County



Public Meetings



Pending Air Permits


red bar graphic OKLAHOMA


Dept. of Envtl. Quality


Draft Source Water Assessment and Protection Program Document


red bar graphic OREGON


Dept. of Envtl. Quality


DEQ Levies Penalties Totaling $93,140 During March



Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


NPDES Permit Applications



Stream Redesignation Evaluations; Water Quality Standards Review



Final Guidance Document



Draft Guidance Document



Water Resources Forums



Environmental Hearing Board


Proposed Regulations-Air Quality


red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Upcoming Events


red bar graphic SOUTH CAROLINA


Dept. of Health and Envtl. Control


Proposed Regulations-Air Quality



  • Hearing May 17; comments due Apr. 23. Proposed amendments to Reg. 61-62.l, and to the SIP to incorporate U.S. EPA "credible evidence" provisions (62 Fed. Reg. 8314 (Feb. 24, 1997)). See http://www.scstatehouse.net

Proposed Regulations-Water Quality



  • Hearing May 17; comments due May 23. Proposed amendments will provide consolidation of control criteria for sediment and erosion control; address methods and procedures for making permit calculations and related activities with regard to chemical specific and whole effluent toxicity permit limitations and other biological monitoring requirements; examine requirements for standard NPDES language and/or conditions, operation and maintenance of wastewater facilities, fecal coliform limits for land application and/or surface waters, monitoring frequencies, and miscellaneous administrative revisions. See http://www.scstatehouse.net

Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Proposed Regulations-Radioactive Materials



  • Proposed rules intended to bring DEC, Division of Radiological Health, standards into compliance with various changes that the U.S. NRC has made to Title 10, C.F.R. The rulemaking affects Chapters 1200-2-4, 1200-2-5, 1200-2-7, 1200-2-8, 1200-2-10, and 1200-2-12. Its various additions and modifications will incorporate: new definitions and changes in low-level waste shipment manifest requirements; new definitions and additions to transportation of radioactive material requirements, bringing them into compatibility with those of the NRC and of the International Atomic Energy Agency; resolution of dual regulation of airborne radioactive material effluents, currently subject to regulation by both the Division of Radiological Health and the Division of Air Pollution Control under the CAA; clarification of the reciprocal recognition of licenses issued by the Division in areas under exclusive federal jurisdiction; criteria for the release of individuals administered radioactive material as radiopharmaceuticals or permanent implants; changes to industrial radiography requirements, including certification of radiographers, use of two-man teams, and equipment performance requirements; radiological criteria for termination of radioactive material licenses; provision for the receipt, possession, use, transfer, ownership, or acquisition of a radioactive drug that contains one microcurie (1 m Ci) of carbon-14 urea; revised definitions of "occupational dose," "member of the public," "public dose," and "misadministration"; and changes to 1200-2-10-.13, Special Requirements for Issuance of Specific Licenses, affecting the manufacture, preparation, or transfer for commercial distribution of radiopharmaceuticals containing radioactive material for medical use under group licenses. Hearing Apr. 23. See http://www.state.tn.us/environment/rad/radppo/apr2301sum.htm and http://www.state.tn.us/environment/rad/radppo/apr2301.htm

Permit Hearings



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook


red bar graphic  TEXAS


Natural Resource Conservation Commission


Edwards Aquifer Protection Program (EAPP)-Public Hearing



Proposed Regulations-Air Quality



  • Repeal of Airport Ground Support Equipment Rules in Dallas/Fort Worth (DFW). As a result of the litigation over the airport ground support equipment rules adopted for the DFW area on Apr. 19, 2000, the Commission is negotiating with the major airlines and airport operators to replace the existing rules with agreed orders. The existing rules are being repealed. Comments due Apr. 27; hearing same date. See http://www.tnrcc.state.tx.us/oprd/hearings/ph01013a114.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01013a114.pdf

  • Corrections to Cap and Trade Rules-Applicability. Revisions will provide that any facility, or group of facilities, located at site in the Houston/Galveston ozone nonattainment area, that has (have) NOx emission standards in Chapter 117 and emissions of 10 tons or more per year is required to comply with Chapter 101, Subchapter H, Division 3, Mass Cap and Trade. Comments due Apr. 26. See http://www.tnrcc.state.tx.us/oprd/hearings/ph01015101.pdf (notice) and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01015101.pdf

  • Quadrennial Review of Chapter 115 (Control of Air Pollution from Volatile Organic Compounds). See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00029.pdf

  • Vehicle Fleet Management-House Bill 3125 during the 76th Legislative Session requires state agencies to
    adopt rules consistent with a fleet management plan adopted by the Office of Vehicle Fleet Management as directed. TNRCC recieved a letter from the Govenor's Office stating, "Agencies and institutions shall adopt rules or proceedures consistent with the plan by Feb. 28, 2001." However, on Dec. 20, an e-mail clarifed that state agencies must adopt rules, rather than proceedures. This Chapter will describe under what circumstatces an agency vehicle may be assigned to an individual. There is a moratorium on state agencies purchasing vehicles until they pass rules to comply with Section 2171.1045 of the Texas Government Code. A determination that a draft rule with finished policies would be sufficient to waive the ban on purchasing vehicles as long as we continue to show a good faith effort in moving our rule toward adoption. Comments due May 21; no hearing. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01004.pdf

Proposed Regulations-Water Quality



Proposed Regulations-Quadrennial Review of Ch. 332, Composting



Proposed Regulations-Petroleum Storage Tanks



Draft Guidance Documents



Permit Hearings



  • Upcoming hearings listed at http://www.tnrcc.state.tx.us/comm/opa/opacal/index.html

  • AquaSource Development Co., Harris County, for a TPDES permit. Hearing Apr. 23. 

  • Olmos Construction, Inc., Comal County, for a rock crushing facility permit. Hearing May 1. 

  • Hearings scheduled for Apr. 24, South Haven Public Water System; Apr. 24, Fort Clark Springs Association; Apr. 24, City of Brackettville; May 1, Olmos Construction, Inc.; May 3, City of Hereford; May 7, Total Roll Offs, LLC.

Public Hearings/Proposed Rules



Sunset Advisory Commission



Railroad Commission


Final Regulations-Pipeline Integrity Testing/Monitoring



  • Adopted §8.101, Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines. See http://www.rrc.state.tx.us/tac/16tac8101.pdf Commissioner Tony Garza said that the regulations are "a major step forward," and that they are the "first of its kind in the nation." See http://www.rrc.state.tx.us/news-releases/2001/010410.html "While the United States Department of Transportation has adopted a rule for liquid pipelines with more than 500 miles of pipe, it only applies to high population and unusually environmentally sensitive areas," Garza said. "Texas goes much further with this new rule, applying these more stringent requirements more broadly to include all intrastate pipelines." The new rule applies to intrastate natural gas transmission lines, intrastate hazardous liquid lines and jurisdictional gathering lines. Generally, the rule will require operators to conduct internal inspections, pressure tests or other forms of assessment on a regular basis. Operators may select a prescriptive testing plan, risk-based plan, or a combination of the two measures for their intrastate pipelines. 

red bar graphic  UTAH


Legislature


Radioactive Waste Taxes



Dept. of Envtl. Quality


Proposed Regulations-Water Quality



Proposed Regulations-Solid/Hazardous Waste



  • Amendments to R315-101-6(d) and Subsection R315-101-6(e). Proposal intends to correct the rule where the requirements are contradictory, to correct inadvertent omissions when the rule was drafted, and to identify how the Division of Solid and Hazardous Waste intends to interpret the results of the ecological risk assessment in decisionmaking for site management. Comments due May 1. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010401/23554.htm and http://www.deq.state.ut.us/eqshw/phw-1.htm

  • Proposed amendments to R315-301, Solid Waste Authority, Definitions, and General Requirements; R315-302, Facility Location Standards, General Facility Requirements, and Closure Requirements; R315-303, Landfilling Standards; R315-304, Industrial Solid Waste Facility Requirements; R315-305;  Class IV Landfill Requirements; R315-306, Energy Recovery and Incinerator Standards; R315-307,  Landtreatment Disposal Standards; R315-308, Ground Water Monitoring Requirements; R315-309,  Financial Assurance; R315-310, Permit Requirements for Solid Waste Facilities; R315-312, Recycling and Composting Facility Standards; R315-313, Transfer Stations and Drop Box Facilities; R315-314, Facility Standards for Piles Used for Storage and Treatment; R315-316, Infectious Waste Requirements; R315-320, Waste Tire Transporter and Recycler Requirements. Comments due May 31. See http://www.deq.state.ut.us/eqshw/pswr-1.htm 

Proposed Regulations-Drinking Water



Draft Regulations-Water Quality



Permit Applications


red bar graphic VERMONT


Dept. of Envtl. Conservation


Permit Applications


red bar graphic VIRGINIA


Dept. of Envtl. Quality


Waste Mangement Board Meeting 



Proposed Regulations-Water Quality



Proposed Regulations-Air Quality



Draft TMDLs



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Dept. of Ecology


Regulatory Notices



Water Quality



Final Regulations



Semiannual Rule Agenda


red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


Response to U.S. Supreme Court Solid Waste Agency Ruling



Strategic Plan for Wisconsin Lakes Partnership



Air Rules Development



Public Hearing and Meeting Schedule



red bar graphic WYOMING


Dept. of Environmental Quality


Coal Bed Methane-Guidance Documents


Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved. 

INTERNATIONAL
large red bar graphic

red bar graphic GENERAL



  • U.S. President George W. Bush, in one of several pro-environment steps taken in response to criticism from environmental groups and U.S. allies, said he would agree to sign the U.N. treaty on persistent organic pollutants, giving a significant boost to the treaty. Two other nations have signed on. See http://news.bbc.co.uk/hi/english/world/americas/newsid_1286000/1286274.stm

  • An international conference on endocrine disruptors and coastal pollution in East Asia was held. See http://www.unu.edu/hq/rector_office/press2001/pre09.01.html

  • The U.N. Food and Agriculture Organization and the World Health Organization, through the Codex Alimentarius Commission, published recommendations to protect consumers with food allergies to risks from some genetically modified organisms. See http://www.fao.org/es/ESN/gm/allergygm.pdf and http://www.fao.org/es/ESN/gm/biotec-e.htm

  • The U.N., citing a lack of funding support, changed the date and location of the 5th session of the Convention to Combat Desertification. The conference will now be held in Geneva from Oct. 1-12. 

  • At least 25 million cases of pesticide poisoning occur each year, most often in developing countries, according to the U.N. Food and Agriculture Organization's Program for Community Integrated Pest Management in Asia. See http://www.communityipm.org/news/ToxicTrail-PR.html 

  • The Global Environment Facility (GEF) and the International Finance Corporation (IFC) introduced Solar Development Capital (SDC), a 10-year, nearly $30 million private equity fund designed to invest in solar photovoltaic (PV) and PV-related businesses in developing countries and those with economies in transition. See http://wbln0018.worldbank.org/news/pressrelease.nsf/

  • The Organization for Economic Cooperation and Development, in their Environmental Outlook, called for worldwide implementation of a "green taxation" scheme. See http://www.oecd.org

  • President Ricardo Lagos Escobar of Chile said his country would agree to the inclusion of provisions in a U.S.-Chile trade agreement that call for the imposition of monetary penalties for violations of workers' rights and environmental protection requirements.

red bar graphic CLIMATE CHANGE



  • U.S. President Bush's advisors said that a comprehensive global climate change proposal was being worked up, with the possibility that it would be available as early as July. 

  • In kicking off a meeting of 41 environment ministers in New York City, Dutch Environment Minister Jan Pronk furnished the U.S. a "carbon sink" proposal that was intended to jump-start Kyoto talks. He said that Kyoto would not significantly damage the U.S. economy and that the Protocol was "the only game in town." See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1285000/1285557.stm

  • Australian Environment Minister Robert Hill said his country will not ratify the Kyoto Protocol unless the U.S. does, a position that caused a strong response from environmental groups. Hill said the position was not a new one and that he agrees with a letter written to U.S. President Bush by Prime Minister John Howard endorsing a "facilitative rather than punitive compliance system." See http://www.smh.com.au/news/0104/16/pageone/pageone3.html

  • Sweden's Environment Minister said that the European Union members are "sticking to [their] obligation to ratify the [Kyoto] treaty next year."  

  • U.K. Deputy Minister John Prescott intended to raise the issue during meetings with U.S. officials, see http://news.bbc.co.uk/hi/english/uk_politics/newsid_1278000/1278749.stm, but ended up not meeting. See http://www.telegraph.co.uk

  • Norwegian Prime Minister Jens Stoltenberg said the U.S. position on Kyoto would "brake work" on the protocol "over the whole world."

  • In the U.S., the "Save Our Environment" Coalition, see http://www.saveourenvironment.org/ began broadcasting paid television adds attacking the anti-Kyoto stance, and a small group of Japanese legislatures penned an ad in the Washington Post criticizing the U.S.'s position. Major U.S. businesses were said to be split on the issue. See http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT310CHZNLC&live=true

  • A coalition of environmental groups endorsed a consumer boycott of Exxon-Mobil, Esso, and TotalFinaElf. See http://www.global.greens.org.au/entrance.html

  • Caution was expressed that, particularly in a period of slow economic growth or retraction, European nations should be cautious about taking proactive steps on climate change that are not endorsed by other nations. See http://www.ireland.com/newspaper/opinion/2001/0411/opt2.htm

  • EU Environment Minister Margot Wallstrom suggested that Canada attempt to act as a "broker" between the U.S. and Europe on Kyoto implementation. No response from Canada on her suggestion that Canada link the issue to trade discussions, including an ongoing debate over timber.   

  • Two studies, both based on computer models and both published in Science, see http://www.sciencemag.org/, provide, in the words of one of the researchers, "some of the strongest evidence to date that human-induced effects are changing our climate." The studies found that computer models matched observed rises in the world's ocean temperatures only when greenhouse gases emitted by human activity were factored in. According to a co-author, "warming in the oceans is bad news and good news. It really does add strength to the claims that global warming is here. But it also suggests that the immediate impact may not be as great, because the oceans," by storing heat, "may slow things down a little." See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1274000/1274252.stm  

  • G-77 (developing nations) Chairman Bagher Asadi, the ambassador from Iran to the U.N., said that the U.S.'s decision on the Kyoto Protocol was "a bad and disappointing message from the new Republican administration in Washington to the international community." 

  • The Pew Center on Global Climate Change held a conference in Washington, D.C. See http://www.pewclimate.org/events/spring_conf.cfm and http://www.pewclimate.org/media/pr_410climate.cfm

  • A study prepared by the Dutch Central Planning Bureau concluded that trading in carbon dioxide emissions credits would significantly reduce the economic impact of the Kyoto Protocol for developed countries. The study predicts the average gross domestic product in developed countries will fall by 0.2% in 2010 if the protocol is adopted with emissions credit trading, compared with a drop of 0.5% in the absence of credit trading. 

  • U.N. Secretary-General Kofi Annan said the U.S.'s position on Kyoto implementation was "unfortunate," and hopefully not immutable.

  • China, not surprisingly, endorsed the Protocol. China issued a statement which was co-signed by Japan and Korea. 

  • The 12th Global Warming International Conference was held at Cambridge University. See http://inq.philly.com/content/inquirer/2001/04/10/national/WARM10.htm

  • A study published in Nature found that warmer weather in the South Pacific has a demonstrable adverse effect of Western toad embryos in Oregon. See http://www.nature.com/cgi-taf/DynaPage.taf?file=/nature/journal/v410/n6829/full/410681a0_fs.html In a separate commentary, the author said that "During the 1990s, there was controversy over whether the declines were real, or simply a consequence of natural population fluctuations and direct human disturbances such as habitat destruction. Meanwhile, a separate debate focused on climate change and its relationship to greenhouse-gas emissions. Today, there is little doubt that both phenomena--amphibian declines and global warming--are real. If there is indeed a link between the two, as the work of Kiesecker et al. suggests, there is clearly a need for a rapid transition to cleaner energy sources if we are to avoid staggering losses of biodiversity." See http://www.nature.com/cgi-taf/DynaPage.taf?file=/nature/journal/v410/n6829/full/410639a0_fs.html

  • The U.K. Department of Environment, Transport, and the Regions issued a statement saying that it had reached voluntary agreements with 40 industry sectors to achieve reductions in greenhouse gas emissions. See http://www.environment.detr.gov.uk/ccl/agreements.htm

  • An Asian Development Bank workshop on renewable energy and greenhouse gas reduction began in Manila. See http://www.adb.org/Documents/News/2001/nr2001042.asp

red bar graphic ASIA/MIDDLE EAST



  • Governments in eastern Asia have begun planning for a possible recurrence of "El Nino" weather conditions. See http://www.independent.co.uk/story.jsp?story=66605 

  • An oil slick from a sunken tanker was contained off the United Arab Emirates. The tanker may have been transporting oil from Iraq in contravention of U.N. restrictions. See http://news.bbc.co.uk/hi/english/world/middle_east/newsid_1279000/1279532.stm and http://news.independent.co.uk/world/middle_east/story.jsp?story=66793

  • Lebanon's Environment Ministry approved a $500,000 U.N.-supervised project for southern coastal management. The project, which will begin in May, is intended to "promote sustainable development for coastal areas, strengthen municipalities and protect . . . coastal resources."

  • The report "Indonesia: Environment and Natural Resource Management in a Time of Transition" was issued by the World Bank. See http://www.worldbank.org/developmentnews/stories/html/041001a.htm

  • Japan's Kyodo News Agency said that a fleet of whaling vessels took 440 minke whales in Antarctic waters since December, supposedly for scientific purposes. 

  • The population of pandas in China in "protected" areas is declining, according to a study published in Science. U.S. and Chinese scientists, looking at habitats in the 500,000-acre Wolong Nature Reserve, which is the location of 10% of the world's pandas, have been disappearing at least as quickly as those in unprotected areas.

red bar graphic  EUROPE



  • The World Wildlife Fund-UK reported that several rivers in England are in worse shape than their counterparts in eastern Europe. See http://www.wwf-uk.org/news/news188.htm There are problems in Scotland, as well. See http://news.bbc.co.uk/hi/english/uk/scotland/newsid_1286000/1286694.stm

  • Ukrainian President Leonid Kuchma called for increased international aid to address the legacy of the Chernobyl nuclear power plant incident. 

  • Legislation that would allow the importation and storage of foreign-generated nuclear waste in Russia was approved. See http://news.bbc.co.uk/hi/english/world/europe/newsid_1283000/1283454.stm

  • Parties to the Agreement on Small Cetaceans of the Baltic and North Seas (ASCOBANS) (including Belgium, Denmark, Finland, Germany, the Netherlands, Poland, Sweden, and the U.K.) urged the European Commission to establish "catch limits" to restrict the level of marine mammals dying annually in fishing nets to less than 1.7% of their populations. The use of pingers, which emit sounds to scare animals from nets, and underwater cameras was encouraged, as well as regulatory limits on the extent to which fishing vessels may operate in areas of high concentration of marine mammals. 

  • The E.U.'s Council of Foreign Affairs Ministers tentatively approved cutting back the number of environmental summits held with the U.S. to once a year, and to limit the scope of discussion to "strategic themes," including climate change. 

  • Italy banned single-hulled tankers from areas near seven major ports. The tankers are already banned from areas near Venice. 

  • The European Chemical Industry Council announced that its members have, on a voluntary basis, begun notification procedures described in the Rotterdam Convention on Prior Informed Consent Procedures for Certain Hazardous Chemicals and Pesticides in International Trade. See http://www.cefic.be/press/

  • Projects to involve communities in habitat conservation, to increase participation in waste reduction, and to promote the education of adults and children about sustainable development were among 115 proposals designed to promote sustainable living that received £4.2 million in U.K. government grants. See http://www.press.detr.gov.uk/0104/0201.htm 

  • The controversial Temelin nuclear power plant in the Czech Republic began generating power again after being essentially shutdown for two weeks. The plant is opposed by environmental groups. See http://news.bbc.co.uk/hi/english/world/europe/newsid_1283000/1283509.stm 

  • The Swiss Federal Office for Environment, Forests, and Landscapes issued guidelines for local governments on management of PCBs from building restoration or destruction. See http://www.umwelt-schweiz.ch/buwal/fr/news/artikel/20010410/396/index.html

  • Officials in Norway admitted that, for a number of years, nuclear waste was dumped into sewers and thereafter ended as farm fertilizer. See http://news.bbc.co.uk/hi/english/world/europe/newsid_1282000/1282130.stm 

  • The U.K. Department of the Environment, Transport, and the Regions issued a Consultation Document, "Foot and Mouth Disease (FMD): Disposal of Carcasses Etc. At Licensed Landfill Sites." See http://www.environment.detr.gov.uk/consult/fmd/index.htm

  • The Department also issued a report, "Transport 2010: Meeting the Local Transport Challenge." See http://www.local-transport.detr.gov.uk/2010challenge/index.htm

  • The Department issued "Overview of responses to the consultation on ACRE's proposals for Guidance on
    Best Practice in the Design of Genetically Modified (GM) Crops." See http://www.environment.detr.gov.uk/acre/bestprac/overview/index.htm 

red bar graphic  AFRICA



  • Kenya, in an effort to preserve local forests, announced that it would import lumber from other African countries.