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Weekly Update Volume 31, Issue 13

05/07/2001

LITIGATION

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


red bar graphic  TITLE VI, PROMULGATING REGULATIONS, PRIVATE RIGHT OF ACTION:

The Supreme Court held that there is no private right of action to enforce the disparate-impact regulations promulgated pursuant to Title VI of the Civil Rights Act. Because the Alabama Department of Public Safety is a recipient of federal financial assistance, it is subject to Title VI and the regulations promulgated under it. Section 602 of Title VI authorizes federal agencies to issue regulations that implement Title VI, and the U.S. Department of Justice (DOJ) promulgated a regulation forbidding funding recipients from utilizing criteria or administrative methods that have the effect of subjecting individuals to discrimination based on race, color, or national origin. An individual brought this suit against the Alabama Department of Public Safety claiming that the department's decision to administer driving tests only in English discriminated on the basis of national origin in violation of Title VI. The Court, however, has never held that Title VI disparate-impact regulations, like those created by the DOJ, may be enforced by a private right of action, nor is there any indication that Congress intended such a private right of action. The disparate-impact regulations do not simply apply §601, which has a private right of action, they also forbid conduct that §601 permits, and, therefore, the private right of action to enforce §601 does not include a private right of action to enforce §602 regulations. Further, the "rights-creating" language in §601 is missing from §602. Justice Scalia delivered the opinion for the Court in which Chief Justice Rehnquist, and Justices O'Connor, Kennedy, and Thomas joined. Alexander v. Sandoval, No. 99-1908 (U.S. Apr. 24, 2001) (46 pp.).

red bar graphic  MOUNTAINTOP COAL MINING, SMCRA, SOVEREIGN IMMUNITY:

The Fourth Circuit held that the doctrine of sovereign immunity bars citizens from bringing suit against West Virginia state officials in federal court to enjoin the state from granting mountaintop mining permits. Citizens brought this suit against the state officials alleging that in granting mountaintop coal mining permits, the officials engaged in an ongoing pattern and practice of violating non-discretionary duties under SMCRA. In accordance with SMCRA, West Virginia enforces the mountaintop coal mining program for the state under a DOI approved program. SMCRA provides for either state regulation of mountaintop coal mining or federal regulation, but not both. Thus, even though a state ultimately remains subject to SMCRA, the Act grants exclusive jurisdiction to a primacy state, thereby conditionally divesting the federal government of direct regulatory authority. Therefore, after the DOI approves a state's program, the court can look only to state law on matters involving the enforcement of the minimum national standards. Contrary to the citizens' argument, the national minimum standards set out in SMCRA do not retain operative force, and the citizens cannot bring suit in federal court to enforce them. To construe SMCRA in such a manner would circumvent the carefully designed balance that Congress established between the federal government and the states because the effect of a citizen suit to enjoin officials in a primacy state to comport with the federal provisions establishing the core standards for mountaintop coal mining would end the exclusive state regulation and undermine the federalism established by the Act. By giving states exclusive regulatory control through enforcement of their own approved laws, Congress intended that federal law establishing minimum national standards would drop out as operative law and that state laws would become the sole operative law. Because SMCRA establishes minimum standards that have been adopted by West Virginia and approved by the DOI, any violation of this standard involves state law, not federal law, and any injunction against state officials to enforce this provision would comport with the state's own law, and, therefore, cannot be enforced in federal court. Further, West Virginia did not waive its sovereign immunity in federal court when it elected to submit its program to the DOI for approval. Bragg v. West Virginia Coal Ass'n, No. 99-2443 et al. (4th Cir. Apr. 24, 2001) (28 pp.).

red bar graphic  TAKINGS, SMCRA, MINING LEASES:

The Federal Circuit held that the DOI's suspension of a mining company's permits did not constitute a taking in violation of the Takings Clause of the Fifth Amendment. The company acquired permits to conduct coal mining on property in Tennessee. After mining for a period of time the DOI concluded that a portion of the property contained high levels of potentially toxic materials and that acid mine drainage could pollute the surrounding area's groundwater. Therefore, the DOI suspended the permits and prohibited the company from mining most of the coal covered by the mining leases. Viewing the regulation of the company's mining program as it pertains to the entire permitted area and from the beginning of regulation, the DOI's restraints significantly limited the company's rights to mine, but even with those limits the company was able to mine a significant amount of coal that earned it a substantial profit on its investment in the leases. Therefore, it is not appropriate to characterize the DOI's restraints as a prohibition of all economically viable use of the property in question. Further, in light of SMCRA, which was enacted before the company purchased the coal leases, the company could not reasonably have expected that it would be free from regulatory oversight with regard to the potential for acid mine drainage, and it could not reasonably have expected that it would not be required to adopt potentially expensive measures to avoid acid mine drainage if the DOI determined that its mining activities could result in the release of those or other toxins. Moreover, the company cannot challenge the lawfulness of the DOI's suspension and permit denial in this present takings action. Rith Energy, Inc. v. United States, No. 99-5153 (Fed. Cir. May 2, 2001) (18 pp.).

red bar graphic  OIL POLLUTION ACT (OPA), DISCHARGE OF OIL, NAVIGABLE WATERS:

The Fifth Circuit affirmed a district court's grant of summary judgment to an oil company on landowners' claims that the company discharged oil into or upon navigable waters in violation of the OPA. The landowners claimed that surface water on their property was contaminated in violation of the OPA when the oil company's discharges seeped through the ground into groundwater and, in turn, contaminated several bodies of surface water. The term "navigable waters" in the OPA has the same meaning as it does in the CWA, and, based on the Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 121 S. Ct. 675, 31 ELR 20382 (2001), it appears that a body of water is subject to regulation under the CWA if the body of water is actually navigable or is adjacent to an open body of navigable water. The bodies of water the landowners seek to protect are consistently referred to in the record as intermittent streams that only infrequently contain running water, and there is nothing in the record to prove that these waters are sufficiently linked to an open body of navigable water as to qualify for protection under the OPA. Further, there is no evidence of oil discharge directly into any water on the landowners' property. It would be an unwarranted expansion of the OPA to conclude that a discharge onto dry land, some of which eventually reaches groundwater and some of the latter of which still later may reach navigable waters, is the equivalent of a discharge into or upon the navigable waters. The landowners further claimed that the oil company discharged oil onto land and, thereby, violated the OPA by contaminating groundwater on the landowners' property. However, groundwater is not within the class of waters protected by the CWA, and the landowners failed to provide any reason to construe the term "waters of the United States" more expansively in the OPA than in the CWA. Therefore, subsurface waters are not waters of the United States under the OPA. Rice v. Harken Exploration Co., No. 99-11229 (5th Cir. Apr. 25, 2001) (11 pp.).

red bar graphic  ELECTRIC POWER, OVERCHARGE, FALSE CLAIMS ACT:

The Eighth Circuit affirmed in part and reversed in part a district court decision finding that a power company violated the False Claims Act by overcharging a customer for the cost of electric power. The power cooperative admitted to having overcharged the customer $2.4 million as a result of the sale and leaseback of one of its power stations. The district court erred, however, in concluding that the total amount of overcharge was approximately $15.5 million and then multiplying the damages based on the power company's violation of the False Claims Act. An accounting firm hired to audit the power company came to the $15.5 million figure based on the incorrect assumption that the power company maintained separate pools of debt for the different power stations in its facility and abandoned that figure once it recognized the mistake. Therefore, reliance on the audit at trial was misplaced. Additionally, the power company's use of the money from the sale of the power station was not inappropriate. Further, the power company did not violate the False Claims Act by overcharging its customer because it did not know or act in reckless disregard of the fact that the customer was being improperly charged. Moreover, the power company did not breach its contract with the customer by choosing a 10- instead of 20-year amortization period for the facility, by including post-construction interest for the purpose of billing the customer its proportionate share of those costs, or by only including a proportionate share of a coal quantity discount when determining the cost of coal burned in the power station, and, therefore, the price the customer paid. However, the power company breached its contract with the customer in regard to the amortization rate it paid to a coal company and the resulting costs to the customer. Therefore, the court remanded the issue to the district court. United States v. Basin Electric Power Cooperative, No. 99-3122 et al. (8th Cir. Apr. 30, 2001) (55 pp.).

red bar graphic  LEAD POISONING, FEDERAL TORT CLAIMS ACT (FTCA):

The Second Circuit held that HUD did not violate the FTCA by failing to supervise a city housing authority's compliance with the Lead-Based Paint Poisoning Prevention Act (LPPPA), and, therefore, affirmed a district court's grant of summary judgment to HUD. Individuals in Connecticut brought suit against HUD and the city housing authority alleging violations of the LPPPA and the FTCA and seeking redress for injuries resulting from lead-based paint poisoning. The individuals, however, failed to state a viable claim under the FTCA. They did not present authority establishing or any cogent theory upon which to establish that HUD is under a legal duty to supervise local housing authorities and ensure their compliance with the responsibilities imposed on them by the LPPPA. Further, even if federal law imposed a duty on HUD to supervise the city housing authority and the individuals could prove that HUD breached that duty, the individuals failed to show that a private person in HUD's position would be liable to them under state law, as is required under the FTCA. However, the court reversed the district court's grant of a new trial to the city housing authority on damages based on improper jury instructions and, therefore, reinstated the jury awards to the individuals from the original verdict. Shade v. Housing Authority of the City of New Haven, No. 00-6160 (2d Cir. Apr. 30, 2001) (8 pp.).

red bar graphic  NATIVE AMERICANS, SELF-GOVERNANCE COMPACT, FUNDING:

The Tenth Circuit affirmed a district court's dismissal for failure to join indispensable parties to a Native American tribe's claims challenging the DOI's methods for calculating the funding the tribe receives under its tribal self-governance compact. In 1988, the tribe entered an agreement with four other tribes that created a formula for dividing future federal appropriations. Ten years later, the tribe brought this suit challenging the methods used by the DOI for determining the tribe's funding. Fed. R. Civ. P. 19 does not require the absent party to actually possess an interest, it only requires that the absent party claims an interest relating to the subject of the action. Because the tribe's present action may alter future funding for the absent tribes, the tribes can claim interests relating to the subject of the action. Similarly, one absent tribe does not present a patently frivolous claim that it shares a service area with the tribe bringing the suit. Additionally, the DOI could not adequately protect the absent tribes' interests because the absent tribes have varied and potentially conflicting interests that one party could not represent. Further, the district court did not err by relying on the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity, and the fact that the absent tribes would suffer substantial prejudice if the action proceeded without them and that there was no way to lessen that prejudice as reasons for dismissing the case, even though it meant that there would be no way to challenge the conduct in question. Citizen Potawatomi Nation v. Norton, No. 99-6077 (10th Cir. Apr. 25, 2001) (8 pp.).


red bar graphic  CAA, NAAQS, TITLE VI, ENVIRONMENTAL JUSTICE:

A district court held that the New Jersey environmental agency's grant of air permits to a cement manufacturing plant located in a predominately minority community violated EPA's regulations promulgated pursuant to Title VI of the Civil Rights Act and that the community members who brought the suit established a prima facie case of disparate impact discrimination based on race and national origin in violation of those regulations. The state claimed that by basing its permit decisions on the NAAQS and other emissions standards, it had complied with its obligations under Title VI. However, based on Title VI, EPA's implementing regulations to Title VI, EPA's administrative guidelines, an EPA administrative decision, and the New Jersey state environmental agency's own administrative orders, all of which prevent actions that have the effect of discriminating against individuals based on race, color, or national origin, it is clear that the state's interpretation of Title VI is erroneous and would eviscerate Title VI's intent. Additionally, the community members demonstrated that the permitting and operation of the facility, when considered in the context of the current health conditions and existing environmental burdens in the area, is likely to adversely affect their health to a degree that meets the standard of adversity under Title VI. Therefore, the community members have made a prima facie showing of adverse impact. Further, by showing that pollutant-producing facilities in New Jersey are disproportionately located in communities of color, the community members adequately established a prima facie case of disparate impact. Moreover, the community members sufficiently showed that the state environmental agency's facially neutral permitting policy is the cause of the adverse disparate impact. The court, therefore, granted the community members a preliminary injunction and vacated the air permits granted by the state environmental agency to the cement plant. South Camden Citizens in Action v. New Jersey Department of Environmental Protection, No. 01-702 (D.N.J. Apr. 19, 2001) (48 pp.).

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

A district court denied an environmental group's request for attorneys fees and costs under the EAJA in a case lost by the group when it attempted to require the U.S. Army Corps of Engineers to conduct an EIS before filling wetlands in Louisiana. The group alleged that it had achieved substantial success on the merits because the court required the Corps to conduct mercury testing at the site. However, the group was not a prevailing party in the case and the Corps' position was substantially justified. Although the group was successful in regard to obtaining the mercury testing, it was not successful on its main claims, and the Corps' position on the testing issue and in the litigation as a whole was substantially justified. The group's minor testing issue victory is not sufficient to entitle it to prevailing party status or to an award of attorneys fees and costs under the EAJA. Save Our Wetlands, Inc. v. Conner, No. Civ.A. 98-3625 (E.D. La. Apr. 19, 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 entered into a proposed consent decree under CAA §113(g) in a lawsuit, Bayview Hunters Point Community Advocates v. EPA, No. C-01-0050 THE (N.D. Cal.), that addresses the Agency's alleged failure to meet a mandatory deadline under CAA §110(k) to take final action to approve or disapprove the 1999 San Francisco Bay area ozone attainment plan. 66 FR 21754 (5/1/01). 

  • EPA approved Rhode Island's CAA §§111(d)/129 plan for controlling emissions from existing hospital/medical/infectious waste incinerators. 66 FR 21092 (4/27/01).

red bar graphic  DRINKING WATER:



  • EPA proposed a nine-month delay of the current May 22, 2001, effective date of the arsenic standard for drinking water. 66 FR 20579 (4/23/01). 

  • EPA announced that it has tentatively decided to approve revisions to South Carolina's public water system supervision program. 66 FR 20990 (4/26/01).

  • EPA announced that it approved revisions related to the public water system supervision programs for Massachusetts, New Hampshire, Rhode Island, and Vermont. 66 FR 21143 (4/27/01).

red bar graphic  ENERGY:



  • DOE's Office of Energy Efficiency and Renewable Energy completed its review of the final rule entitled Alternative Fuel Transportation Program; Biodiesel Fuel Use Credit, which was published on January 11, 2001 (66 Fed. Reg. 2207), and determined that it will not initiate any further rulemaking action to modify the rule. 66 FR 21851 (5/2/01). 

red bar graphic  HAZARDOUS & SOLID WASTES:



  • EPA entered into an administrative settlement under CERCLA §122(h) in connection with the Boro Wood Products Superfund site in Bennettsville, S.C. 66 FR 21976 (5/2/01). 

  • DOT's Research and Special Programs Administration announced, consistent with the President's fiscal year 2002 budget request to Congress, that it is delaying final action on its December 7, 2000, proposals to temporarily lower the registration fees paid by persons who transport or offer for transportation in commerce certain categories and quantities of hazardous materials; charge not-for-profit organizations the same registration fee as a small business; and use the North American Industry Classification System for size criteria for determining if an entity is a small business. 66 FR 22079 (5/2/01).

  • EPA issued a notice providing the acute exposure guideline level values and executive summaries for 18 hazardous chemicals. 66 FR 21940 (5/2/01).

  • EPA granted a petition to exclude from the list of hazardous waste certain hazardous waste generated at the BMW Manufacturing Corporation's Greer, S.C., facility. 66 FR 21877 (5/2/01). 

  • EPA denied a petition to delist methanol from the list of hazardous air pollutants under CAA §112(b)(1). 66 FR 21929 (5/2/01). 

red bar graphic  PESTICIDES:



  • EPA announced the availability of a draft Pesticide Registration Notice entitled Pesticide Label Identification for Pesticide Products Meeting the Requirements of the National Organic Program. 66 FR 21141 (4/27/01). 

red bar graphic  OSHA:



  • OSHA removed its Ergonomics Program Standard from the Code of Federal Regulations. 66 FR 20403 (4/23/01). 

  • OSHA's Review Commission eliminated its rules for the ethics and conduct of commission employees; the ethics and conduct of commission employees are now governed by the rules issued by the Office of Government Ethics. 66 FR 21670 (5/1/01).

red bar graphic  SMCRA PROGRAM APPROVAL:


red bar graphic  TOXIC SUBSTANCES:



  • The Agency for Toxic Substances and Disease Registry released its quarterly list of sites for which it has completed public health assessments during the period from January through March 2001. 66 FF 22577 (5/4/01). 

red bar graphic  WATER QUALITY:



  • EPA made a tentative affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Port Jefferson Harbor Complex in Suffolk County, N.Y. 66 FR 20989 (4/26/01).

red bar graphic  WILDLIFE:



  • FWS announced that it approved the creation of the Coldwater River National Wildlife Refuge for the existing Black Bayou Unit of the Tallahatchie National Wildlife Refuge in Grenada, Quitman, and Tallahatchi Counties, Mississippi, to eliminate public confusion and to assist in the FWS' administration and management activities. 66 FR 20680 (4/24/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENT:



  • U.S. v. ASARCO, No. 96-0122-N-EJL (D. Idaho Apr. 18, 2001) (settling CERCLA defendants must pay $3,871,924 in U.S. response costs and damages incurred at the Bunker Hill Superfund facility in Cour d'Alene Basin in northern Idaho; must pay the United States 50% of any future insurance recovery in excess of $600,000; must convey title to a 74-acre parcel of land for possible use as a waste repository; must perform cleanup work and/or institute institutional controls on a closed mine site and pay for EPA's oversight costs; and commencing five years after entry of the consent decree, must pay royalties to the United States on all of its silver and gold mining revenues whenever the market price of silver exceeds $6.50 per ounce or the price of gold exceeds $325 per ounce, up to a ceiling of $3 million), 66 FR 20476 (4/23/01);

  • U.S. v. Bernard Liedman, No. JFM-00-111 (D. Md. Apr. 9, 2001) (a settling CERCLA defendant must pay $575,000 in past EPA response costs incurred at the Mid-Atlantic Wood Preservers Superfund site in Harmans, Md.), 66 FR 20477 (4/23/01);

  • U.S. v. Nalco Chemical Co., No. 91-C-4482 (N.D. Ill. Apr. 9, 2001) (a settling CERCLA defendant must pay $122,866 in past U.S. response costs incurred at the Byron Salvage Superfund site in Ogle County, Ill.), 66 FR 20477 (4/23/01);

  • U.S. v. University of Rhode Island, No. 01165ML (D.R.I. Apr. 5, 2001) (a settling CAA, CWA, and RCRA defendant must pay a $194,560 civil penalty, must undertake a comprehensive environmental audit of its Kingston, R.I., campus, and must undertake two supplemental environmental projects with a total cost of $550,000), 66 FR 20476 (4/23/01);

  • In re Teplitz Auto Parts, Inc., No. 00-13384 (ash) (Bankr. S.D.N.Y. Mar. 23, 2001) (a bankrupt settling CERCLA defendant involved in an action concerning U.S. response costs incurred in connection with a removal action at the Woodward Metal Processing Corporation site in Jersey City, N.J., must allow the United States a general unsecured claim of $375,000 in the defendant's bankruptcy action), 66 FR 22005 (5/2/01);

  • U.S. v. American Scrap Co., No. 1:99-CV-2047 (M.D. Pa. Apr. 20, 2001) (settling CERCLA defendants must pay $45,000 in past U.S. response costs incurred at the Jack's Creek/Sitkin Smelting Superfund site in Mifflin County, Pa.), 66 FR 22258 (5/3/01);

  • U.S. v. Arco Pipe Line Co., No. 99 2161 GTV (D. Kan. Apr. 16, 2001) (a settling CWA defendant that discharged 3,869 barrels of oil into navigable waters of the United States must pay a $804,700 civil penalty and must spend $145,300 on a supplemental environmental project consisting of remodeling/reconstructing the concrete drinking water intake for the city of Osawatomie, Kan.), 66 FR 22258 (5/3/01);

  • U.S. v. Drum Service Co. of Fla., No. 98-697-Civ-Orl-28C (M.D. Fla. Apr. 13, 2001) (settling CERCLA defendants must pay $502,813, as well as a portion of the proceeds of certain real property sold, to the Hazardous Substances Superfund in reimbursement of past U.S. response costs incurred at the Zellwood Groundwater Contamination Superfund site in Zellwood, Fla.), 66 FR 22258 (5/3/01);

  • U.S. v. General Motors Corp., No. 01-CV-0589 (N.D.N.Y. Apr. 23, 2001) (a settling CERCLA defendant must pay $1,245,832.73, plus interest, in past U.S. response costs incurred in connection with the aluminum diecasting facility owned by General Motors Corp. in Massena, N.Y.), 66 FR 22259 (5/3/01);

  • U.S. v. Massachusetts Institute of Technology, No. 01-cv10646-JLT (D. Mass. Apr. 18, 2001) (a settling  CAA, CWA, and RCRA defendant must pay a $155,000 civil penalty, must undertake three supplemental environmental projects, and must comply with a variety of injunctive measures to achieve full compliance with RCRA, the CAA, and the CWA), 66 FR 22259 (5/3/01).

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

THE CONGRESS
large red bar graphic

red bar graphic BILLS INTRODUCED



  • S. 785 (Brownback, R-Kan.) (carbon sequestration) would amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish a carbon sequestration program to permit owners and operators of land to enroll the land in the program to increase the sequestration of carbon. 147 Cong. Rec. S3994 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. 

  • S. 786 (Durbin, D-Ill.) (wilderness land) would designate certain federal land in Utah as wilderness. 147 Cong. Rec. S3994 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 796 (Boxer, D-Cal.) (SDWA) would amend the SDWA to ensure that drinking water consumers are informed about the risks posed by arsenic in drinking water. 147 Cong. Rec. S3994 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 804 (Feinstein, D-Cal.) (fuel efficiency standards) would amend title 49, United States Code, to require phased increases in the fuel efficiency standards applicable to light trucks. 147 Cong. Rec. S4099 (daily ed. May 1, 2001). The bill would also require fuel economy standards for automobiles up to 10,000 pounds gross vehicle weight, and it would raise the fuel economy of the federal fleet of vehicles. The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 817 (Domenici, R-N.M.) (national trails) would amend the National Trails System Act to designate the Old Spanish Trail as a National Historic Trail. 147 Cong. Rec. S4175 (daily ed. May 2, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 820 (Wyden, D-Or.) (carbon sequestration) would amend the Energy Policy Act of 1992 to assess opportunities to increase carbon storage on national forests derived from the public domain and to facilitate voluntary and accurate reporting of forest projects that reduce atmospheric carbon dioxide concentrations. 147 Cong. Rec. S4245 (daily ed. May 3, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 828 (Lieberman, D-Conn.) (energy-efficient property) would amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property. 147 Cong. Rec. S4245 (daily ed. May 3, 2001). The bill was referred to the Committee on Finance.

  • S. 830 (Chafee, R-R.I.) (environmental health) would amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer. 147 Cong. Rec. S4245 (daily ed. May 3, 2001). The bill was referred to the Committee on Health, Education, Labor, and Pensions.

  • H.R. 1601 (McInnis, R-Colo.) (electric power) would amend the Internal Revenue Code of 1986 to facilitate electric cooperative participation in a competitive electric power industry. 147 Cong. Rec. H1657 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Ways and Means. 

  • H.R. 1613 (Hinchey, D-N.Y.) (wilderness land) would designate certain federal land in Utah as wilderness. 147 Cong. Rec. H1659 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1621 (McKinney, D-Ga.) (Arabia Mountain and National Heritage Area) would establish the Arabia Mountain and National Heritage Area in Georgia. 147 Cong. Rec. H1659 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1623 (Pickering, R-Miss.) (historic preservation) would provide for the preservation and restoration of historic buildings at historically women's public colleges or universities. 147 Cong. Rec. H1659 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1628 (Rodriguez, D-Tex.) (national trails) would amend the National Trails System Act to designate El Camino Real de los Tejas as a national historic trail. 147 Cong. Rec. H1659 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1631 (Scarborough, R-Fla.) (offshore drilling) would permanently prohibit the conduct of offshore drilling on the outer continental shelf off of the coast of Florida. 147 Cong. Rec. H1659 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1634 (Stupak, D-Mich.) (Native American lands) would provide for and approve the settlement of certain land claims of the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians. 147 Cong. Rec. H1659 (daily ed. Apr. 26, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1647 (Barton, R-Tex.) (electricity) would provide for electricity emergencies. 147 Cong. Rec. H1714 (daily ed. May 1, 2001). The bill was referred to the Committees on Energy and Commerce, and Resources.

  • H.R. 1654 (Green, R-Wis.) (land conveyance) would provide for the conveyance of certain National Forest System lands to the towns of Laona and Wabeno, Wisconsin. 147 Cong. Rec. H1715 (daily ed. May 1, 2001). The bill was referred to the Committee on Agriculture.

  • H.R. 1661 (Miller, D-Cal.) (fisheries) would extend indefinitely the authority of the states of Washington, Oregon, and California to manage a Dungeness crab fishery until the effective date of a fishery management plan for the fishery under the Magnuson-Stevens Fishery Conservation and Management Act. 147 Cong. Rec. H1715 (daily ed. May, 1, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1664 (Ose, R-Cal.) (electricity) would authorize the Secretary of the Interior or the Secretary of the Army to waive any restriction on operation of any of certain Bureau of Reclamation facilities or Corps of Engineers facilities, respectively, as necessary to address an emergency electric power shortage declared by the state governor to which power from that facility can be transmitted. 147 Cong. Rec. H1715 (daily ed. May 1, 2001). The bill was referred to the Committees on Resources, and Transportation and Infrastructure.

  • H.R. 1667 (Rivers, D-Mich.) (solid waste) would amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and it would provide resources for state pollution prevention and recycling programs. 147 Cong. Rec. H1715 (daily ed. May 1, 2001). The bill was referred to the Committee on Energy and Commerce.

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


Alaska Railroad (ARRC) Settlement




  • Under the agreement, the Railroad will pay over $530,000 to reimburse the state for its expenses related to responding to five railroad spills between Oct. 31, 1999, and July 12, 2000. The railroad will also expedite developing a new oil spill prevention and response contingency plan and will conduct annual spill drills to test its preparedness to respond to future accidents. See http://www.state.ak.us/local/akpages/ENV.CONSERV/press/2001/rel_0416.htm


Alaska Materials Exchange Catalogue, 2nd quarter 2001 



Charter for Development of the Alaskan North Slope


red bar graphic ARIZONA


Dept. of Envtl. Quality


Safe Drinking Water Workshops Announced



Proposed Regulations-Air Quality



Air Quality-Proposed General Permit



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

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



Current Air Quality Readings/Forecasts



Alternative Fuel and Bi-fuel Vehicle Testing Information


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 was 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. 

red bar graphic CALIFORNIA


Air Resources Board


Children's Health Studies Funded



  • ARB approved over $600,000 for two research projects to study the effects of air pollution
    on children’s health. One of the studies approved will determine children’s exposure to pollutants while riding on school buses, waiting at stops and waiting near idling buses during loading. The $500,000 study, to be conducted by U. of Cal./Riverside, will also use different school bus commute scenarios, sampling locations and bus fuel types, such as compressed natural gas and buses using soot traps, to characterize the range of children’s exposures during their daily school bus commute. The results, expected in 2003, will be used to estimate children’s exposure to toxic diesel exhaust particles and other bus-related pollutants. Results of the study may be used as guidance for future air quality rules with regard to children’s health, as well as serving as a basis for evaluating the benefits of alternative fuel and emission control technologies for buses. See http://www.arb.ca.gov/newsrel/nr042701.htm

Regulatory & Non-Regulatory Fuel Activities for 2001 Public Meeting



Clean Air Plan: Strategies for a Healthy Future



Retrofit Verification Procedure Public Workshop



Draft Airborne Toxic Control Measure (ATCM)



Dept. of Toxic Substances Control


Draft Public Participation Policy Manual



Proposed Response Action Regulations-Workshops Public Notice



Integrated Waste Management Board


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 April 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 March 20-21, 2001, meeting. The Board approved the regulations for a 45-day comment period at its April 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 March 19, 2001. OAL published the regulations on March 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 January 17, 2001, to discuss the proposed permanent regulations. At its March 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 September 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 August 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 December 2000, Board staff solicited feedback from an external working group and in January 2001, revised the regulations based on this feedback. The Board discussed issues related this package at its February 20-22, 2001 meeting. The Board will consider approval of the regulations for a 45-day public comment period at its June 19-20 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 March 7. The Board held a public workshop on March 12 to discuss the draft regulations. The Board will consider approval of the regulations for a 45-day public comment period at its May 22-23 meeting. See http://www.ciwmb.ca.gov/Rulemaking/Monofill/

Water Resources Control Board


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 U.S. 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



Office of Environmental Health Hazard Assessment


Proposed Proposition 65 Listing



Department of Pesticide Regulation


Semiannual Report Summarizing the Revaluation Status of Pesticide Products



South Coast Air Quality Management District


Final Regulations-School Buses



Emergency Executive Orders Extended



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 NOx 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.

Rule Development Workshop



  • March 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

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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 November 22, 2000, called for a March12, 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


Rapid Bioassessment in Wadeable Streams and Rivers By Volunteer Monitors-Year 2000 Summary Report



Permit Hearings-Calendar


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Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection



Public Workshop-Water Quality-State Revolving Fund



  • Public workshop May 11 regarding the State Revolving Fund (SRF) rule. The SRF would provide low-interest rate loans for wastewater, stormwater, and nonpoint source pollution control. Governmental and nongovernmental project sponsors would be eligible for loans. The SRF would be capitalized by federal and state match appropriations, loan repayments, investment earnings, and revenue bonds. Funding prerequisites would be linked to the federal CWA and Florida’s Water Pollution Control Financial Assistance Act. DEP is considering rule revisions to expand eligibilities to nonpoint source pollution control projects sponsored by governmental or nongovernmental entities. The workshop will be held for the first phase of rule development. Phase 1 would expand eligibilities to the funding of nonpoint source pollution control projects sponsored by entities with documented financial resources and financial management capabilities. Phase 2, yet to be initiated, would extend funding to entities with less secure resources and capabilities. Financial hardship loans, at reduced interest rates, would be available for projects to serve small communities. Preconstruction loans would become available for all categories and sizes of projects. Design/build projects would be funded initially with preconstruction loans. Simplified planning requirements would be established for all categories of projects. An integrated priority system would be used to rank all categories of projects. To qualify a project for inclusion on the priority list for financing of construction (or implementation of best management practices not involving construction) during any fiscal year, a project sponsor would have to complete project planning. The period for development of the priority list would be extended to provide additional time for project sponsors to achieve readiness-to-proceed before the end of the SRF fiscal year.

Public Workshop-Grants



  • May 16, to receive testimony and public comment and to take final action on adoption of the fiscal year 2002 Disadvantaged Small Community Grant priority list in accordance with Rule 62-505, Florida Administrative Code. Approximately $2.8 million is expected to be available for grants in aid to qualifying disadvantaged small communities.

Proposed Regulations-Air Quality



  • The Department is proposing to amend the non-Title V air general permit notification forms to incorporate general procedures and conditions added to Rule 62-210.300(4), F.A.C., in a recent rule amendment, add new categorical exemptions from air permitting for relocatable screening-only operations and for brownfield site remediation, add a new non-Title V air general permit for nonmetallic mineral processing plants, remove public notice requirements for relocation of concrete batching plants with air general permits, add language allowing multiple concrete batching plants with air general permits to operate at the same location, add language allowing concrete batching plants with air general permits and nonmetallic mineral processing plants with air general permits to operate at the same location, add language allowing a single facility to hold air general permits for both human and animal crematories, and change the Notification of Intent to Relocate Air Pollutant Emitting Facility (DEP Form No. 62-210.900(6)) and associated rule language.

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



  • Proposed rules would incorporate new and modified forms for water well construction and contractor licensing. 

South Florida Water Management District


Proposed Regulations




  • 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. 

red bar graphic GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Air Permit Applications


red bar graphic HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphic IDAHO


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 were due May 1. See http://www2.state.id.us/deq/news/jan29_01a.htm Workshop 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


Proposed Regulations





  • In the Matter of: Provisional Variances from Water Temperature Standards:
    Proposed New 35 Ill. Adm. Code 301.109. Rulemaking proposal filed by IEPA 4/13/01; Accepted for hearing 4/19/01. See http://www.ipcb.state.il.us/rules/R01-31/r01-31.pdf



  • 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 April 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 April 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 January 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 (February15, 2001), R01-28. Public hearing was April 17. Written comments were 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


IEPA Responds To American Lung Association Study



Permit Application/Public Hearings



 




Leaking Underground Storage Tank Program, 2000 Annual Report 


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Dept. of Envtl. Management


Final Regulations-Air Quality



  • Adds 326 IAC 20-25 concerning emissions from reinforced plastics composites fabricating emission units. House Enrolled Act 1919 from the 1999 legislative session requires the Air Pollution Control Board to adopt rules to control styrene emissions from this industry. 

  • Amends 326 IAC 2-2 to incorporate federal prevention of significant deterioration requirements in order to seek federal approval of this rule. Adds 326 IAC 2-2-13, 326 IAC 2-2-14, 326 IAC 2-2-15, and 326 IAC 2-2-16 to add federal permitting requirements.

  • Amends 326 IAC 21-1-1 concerning acid deposition control.

Final Regulations-Solid/Hazardous Waste



  • Amends 329 IAC 3.1-1-7, 329 IAC 3.1-6-2, 329 IAC 3.1-9-2, 329 IAC 3.1-10-2, and 329 IAC 3.1-13-2 pertaining to the hazardous waste management program to achieve consistency with federal hazardous waste management regulations by incorporating by reference changes to 40 C.F.R. 260 through 40 C.F.R. 270 that were issued by U.S. EPA between May 11, 1999, through June 8, 2000. Amends 329 IAC 3.1-7 to be consistent with Public Law 143-2000, sec. 3, effective January 1, 2001, that will repeal the provisions of IC 13-22-4 relating to the Indiana Hazardous Waste Manifest and will require hazardous waste generators to use the Uniform Hazardous Waste Manifest Form adopted by the U.S. EPA rather than the version of those forms currently provided by IDEM to generators for a fee. Amends 329 IAC 3.1-12-2 to clarify a provision regarding one time notification for wastes that exhibited a characteristic of hazardous waste and are no longer hazardous to be consistent with the federal requirement. Amends 329 IAC 3.1-14-6, 329 IAC 3.1-14-16, 329 IAC 3.1-15-4, and 329 IAC 3.1-15-6 to correct a provision in the financial assurance requirements that made Indiana's rules less stringent than the federal hazardous waste program, as required by 42 U.S.C. §6926. Amends 329 IAC 3.1-16-2 to incorporate by reference the federal universal waste requirements for mercury-containing lamps and to prohibit intentional crushing of lamps in conjunction with recycling.

  • 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-Water Quality



  • Amends 328 IAC 1, which governs the administration of the UST Excess Liability Trust Fund (ELTF) and the payment of claims thereunder, to reflect the expiration of the 1998 deadline for upgrade of USTs, amends the cost schedule for reimbursement, and adds updates of statutory references. Repeals 328 IAC 1-1-5, 328 IAC 1-1-11, and 328 IAC 2.

  • 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 were 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 were due May 2. 

  • IDEM seeks public comment on new rules and amendments to rules concerning water quality standards applicable to state waters, including uses, water quality criteria, methodologies for developing the criteria for aquatic life, human health, and wildlife criteria, and antidegradation standards and implementation procedures. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • IDEM is soliciting public comment on new rules and amendments to rules concerning variances to a water quality criterion under water quality standards applicable to state waters. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • IDEM is soliciting public comment on new rules and amendments to rules concerning the NPDES permitting program requirements. Additionally, this rulemaking will review 327 IAC 2-1-4 concerning guidelines for mixing zones in consideration of water quality standards. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • IDEM is soliciting public comment on new rules and amendments to rules concerning the NPDES general permit rule program requirements of 327 IAC 15. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Proposed Regulations-Solid Waste



  • Adds 329 IAC 3.1-6-6 to conditionally exclude from regulation under 329 IAC 3.1 electric arc furnace dust that is treated to be nonhazardous by Heritage Environmental Services, LLC at Nucor Steel Corporation, Crawfordsville.

  • 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.

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


Permit Applications



Indiana Environment Online


red bar graphic IOWA


Dept. of Natural Resources-Envtl. Protection Commission


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 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

red bar graphic KANSAS


Department of Health & Environment, Division of Environment


KDHE "Kansas Environmental News"


red bar graphic KENTUCKY


Office of the Governor


Certified Clean County Program




  • An executive order signed by Governor Patton provides approximately $4 million to fund a program that calls for counties that mandate curbside collection of solid waste to receive state grants for the costs of remediation of dump sites. Twenty-eight counties presently have such systems in place; there are approximately 3,000 identified dump sites within the Commonwealth.


Dept. for Envtl. Protection, Division of Air Quality


Proposed Regulations



Permit Applications/Hearing Notices 



Dept. for Envtl. Protection, Division of Water


Proposed Regulations-General Permit



Permit Applications  


red bar graphic LOUISIANA


Dept. of Envtl. Quality


Permit Applications




2001-2002 Litter Abatement Grant Applications



DEQ Environmental Update

red bar graphic MAINE


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • This proposal requires affected sources to install selective non-catalytic reduction or a control technology
    determined by the Board to achieve essentially equivalent NOx reductions on each unit by May 1, 2003. In addition to a control technology requirement, the proposal establishes interim emission limitations for the period from June 15, 2003 through December 30, 2004 and final emission limitations thereafter. The final emission limitations, which become effective on January 1, 2005, and target electric generating units with a maximum heat input capacity of less than 750 million Btu per hour, require these units to meet a 0.22 lb/rnm Btu emission limit. Electric generating units with a maximum heat input capacity of 750 million Btu per hour or greater must meet a 0.15 lb/mm Btu emission limit. Finally, indirect heat exchangers, primary boilers and resource recovery units with a maximum heat input capacity greater than 250 million Btu per hour must continue to meet the 0.20 lb/mm Btu emission limit. The Department is also proposing that an alternative emission limitation be established in the event a source cannot achieve the final emission limitations after installing and optimizing an approved control technology. Any source seeking an alternative emission
    limitation would need to apply to the Board before the January 1, 2005, final emission limitation deadline, and would have the burden of proof in demonstrating that achieving the final limits was technically infeasible. Comments due June 11. See http://www.state.me.us/sos/cec/rcn/apa/notices/050901.htm

red bar graphic MARYLAND


Dept. of the Environment


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 December 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 October 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     



Water Quality Standard-Triennial Review




red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


Hazardous Waste/QA-QC



Proposed Regulations-Air Quality 



Final Regulations-Air Quality




  • 310 CMR 7.29 Emissions Standards for Power Plants. The regulations are unique in that they control emissions of carbon dioxide as well as NOx, sulfur dioxide, and mercury. The regulations become effective in June. They apply to six electric-generating facilities. See http://www.state.ma.us/dep/bwp/daqc/daqcpubs.htm#regs 


Proposed Regulations, Business Compliance




  • These proposed regulatory amendments affect two facilities (UMASS Boston and Boston College) and serve to implement a partnership agreement between the DEP and U.S. EPA's XL ("eXcellence and Leadership") Project. Specifically, the DEP is implementing a pilot program that addresses some of the problems associated with managing hazardous waste in university laboratories. Hearings through May 15; comments accepted through May 18. See http://www.state.ma.us/dep/bwp/dhm/files/xlregnot.htm


Guidance-Wetlands



Guidance-Drinking Water Quality



Enforcement Actions



ExxonMobil ToPay $14,000 For Missing Deadlines On Site Cleanup Near Housatonic River In Pittsfield




red bar graphic  MICHIGAN


Dept. of Envtl. Quality


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  



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Unlined Manure Storage Systems-New Report



Permit Applications, Other Notices



Animal Feedlot/Storage Area Registration Update



Environmental Penalties Require Projects Totalling Nearly $1 Million


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


Proposed Regulations-Air 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 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


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal


red bar graphic NEW YORK


Office of Attorney General


Junkyard Owners/Employees Indicted for Illegal Disposal



Environmental Facilities Corporation


Public Hearing-Special Obligation Bonds



  • Public hearing on May 16, 2001, at 9:00 a.m., in the Executive Conference Room, Room 602, 50 Wolf Road, Albany, New York, to consider the issuance of special obligation bonds (the “Bonds”) under the New
    York Environmental Facilities Corporation Act.

    Proceeds of the Bonds are proposed to: (i) finance certain drinking water filtration projects (the “Projects”), as described below, to be owned and operated by the New York Water Service Corporation (the "Company"); and (ii) refinance, in whole, $7,500,000 Water Facilities Revenue Bonds (New York Water Service Corporation Project), Series 1990 (the “1990 Series”), as identified below. The aggregate face amount of the Bonds is presently estimated not to exceed $11,500,000. The Bonds to be issued by EFC will be special obligations of EFC payable solely from the revenues pledged to the payment thereof, and will not be a general obligation of, or be secured by, the taxing power of the State of New York.

    The Projects, with a proposed aggregate cost not to exceed $4,000,000, consist of the planning, design and construction of two new water filtration plants, one being located at the Seamans Neck Road well site on Seamans Neck Road between Regal Lane and Peter Street in Levittown and the other being located at the Newbridge Road well site on Newbridge Road just south of the intersection with Jerusalem Avenue in Merrick. Each Project is composed of the design and construction of filtration plants on existing well sites; new on-site tanks for backwash waste storage; new backwash supply pumps and sewer connectors; the connection of existing production wells to the filtration plants; and the purchase and installation of standby generators to run the plants if there is a primary power failure.

    The 1990 Series is identified as “$7,500,000 New York State Environmental Facilities Corporation Water Facilities Revenue Bonds (New York Water Service Corporation Project), Series 1990”, issued pursuant to an EFC resolution, dated December 17, 1989, and an Indenture of Trust, dated as of January 15, 1990, by
    and between EFC and Manufacturers and Traders Trust Company, as Trustee. The 1990 Series bonds, dated January 15, 1990 and maturing on January 15, 2020, financed the acquisition, construction and installation of various facilities for the supply control, treatment and distribution of water in the Company's franchise territory (which is in southeastern Nassau County and includes the unincorporated areas of Merrick, North Merrick, Bellmore, North Bellmore, Wantagh, Seaford and portions of Levittown and Massapequa), consisting of the following: (1) flow meters at all pump stations, (2) pH control meters at all chemical feed locations, (3) master control panel at the Company's office at 60 Brooklyn Avenue in Merrick, (4) water main extension at Old Mill Road in Merrick, (5) water main extension at Island Channel Road in Seaford, (6) refurbish electrical system for well #4 and install emergency generator equipment, both at Jerusalem Station in Wantagh, (7) replace fuel storage tank and install elevated storage tank at DeMott Avenue Station in Wantagh, (8) install transmission water main at Bellmore Avenue in Bellmore, (9) install transmission water main for Mandalay School, Penninsula in Wantagh, (10) install transmission water main from Merrick Avenue to Roanoke Avenue in Seaford, (11) install transmission water main from Merrick Avenue to Frankel Boulevard in Merrick, (12) install transmission water main for Hewlett Avenue in Merrick, (13) install transmission water main at Sunrise Highway crossing in Massapequa, (14) replace water main at Main Grundy and Elliot Place in Merrick, (15) replace water main at Shoreman and Beverly Way in Merrick, (16) replace water main at Brompton Road and Euston Road in Merrick, and (17) replace water main at Erwin Court, Waterview Avenue, Ripplewater Avenue and Bayview Street in Massapequa.

Dept. of Envtl. Conservation


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Second Quarter Update of the FFY 2001 Intended Use Plan (IUP)



  • Information updated in the priority lists includes: new projects added, projects that will be ready for financing during Federal Fiscal Year (FFY) 2001, projects requiring additional funds, revised project scores, and miscellaneous changes. Notations have been added to the lists to facilitate identification of new projects and project changes. Projects added to the Annual PPL are those expected to qualify for and receive long-term financing prior to Sept. 30, 2001.

    The Multi-Year PPL is an inventory of all projects for which municipalities have expressed interest in CWSRF financing. New projects are added to the Multi-Year PPL as they are identified by municipalities. This facilitates applications for short-term financing as a municipality could immediately qualify for a short-term loan, provided the project meets environmental significance criteria, has a project score above any long-term funding line in its project category, the municipality has an approved technical planning report, and has completed the environmental review process for CWSRF projects. There is no priority list for short-term loans, which are processed on a first-come, first-served basis upon receipt of a complete application up to the amount allocated for short-term loans in the IUP.

    Comments on the Second Quarter Update will be accepted by fax or mail until close of business, Friday, May 18, 2001. Comments can be addressed by fax at (518) 485-8494 or by mail to Mr. David Morseman, Program Services Representative III, Division of Program Management, New York State Environmental
    Facilities Corporation, 50 Wolf Road, Room 502, Albany, New York 12205-2603.

James H. Ferreira Named DEC Deputy Commissioner and General Counsel



State Pollutant Discharge Elimination System Priority Ranking List



ALJ Rulings



Environmental Notice Bulletin (Permit Applications) 



Permit Applications



Coastal Management Program Notices


red bar graphic  NORTH CAROLINA


General Assembly


Environmental Legislation-House of Representatives



  • Bills approved on April 26, the "crossover" deadline for bills originating in one chamber, include H.B. 1312, which would extend a moratorium on the construction and expansion of hog farms from July 1 through July 1, 2003; H.B. 1007, regarding the allocation of funds pursuant to the Clean Water Management Trust Fund; H.B. 1063, pertaining to underground storage tank remediation; H.B. 1009, regarding the use of risk-based cleanups; and H.B. 1301, which would extend the current exemption from deed inclusion requirements for underground storage tank remediations. See http://www.ncga.state.nc.us

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 January 1, 2007, and 56,000 tons by January 1, 2009. S.B. 1078 passed the Senate on April 23, by a 43-5 margin. 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  OHIO


Envtl. Protection Agency


Proposed Regulations-Water Quality



  • OEPA has released draft revisions in rules governing the beneficial use designations for selected water bodies throughout the state. Changes in beneficial uses are being considered for 178 water body segments in 13 of the state's 23 drainage basins. Comments are due May 7. See http://www.epa.state.oh.us/dsw/rules/draftrules.html

BP Oil Company Toledo Refinery Agrees to Pay $36,000 Penalty



Mid-Toll, Inc. Agrees to Pay $8,000 for Storm Water Violations



OEPA Assumes Responsibility for Solid Waste Rules Enforcement in Auglaize County



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 Asks Wastewater Treatment Facilities to Take Voluntary Measures to Prevent Water Quality Problems



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



Draft Guidance Documents



Water Resources Forums



Pennsylvania Infrastructure Investment Authority (PENNVEST)-DEP Meeting


red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Upcoming Events


red bar graphic SOUTH CAROLINA


Office of the Governor


Hog Farm Executive Order-Moratorium



Dept. of Health and Envtl. Control


Proposed Regulations-Air Quality



  • Hearing May 17; comments due April 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


Legislature


Lead-Hazard Education Bills Signed Into Law



Dept. of Environment and Conservation


Permit Hearings



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook


red bar graphic  TEXAS


Legislature


"Grandfathered" Air Emissions




  • H.B. 2912, passed by the House of Representatives on April 19, would require mandatory permitting of currently grandfathered facilities by 2005/2007, replacing a voluntary program. The bill would also reauthorize the TNRCC and rename it the Department of Environmental Quality, pursuant to a Sunset Advisory Commission recommendation. See http://www.capitol.state.tx.us/


Natural Resource Conservation Commission


Proposed Regulations-Air Quality



  • 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 received a letter from the Governor's Office stating, "Agencies and institutions shall adopt rules or procedures consistent with the plan by February 28, 2001." However, on December 20, an e-mail clarified that state agencies must adopt rules, rather than procedures. This Chapter will describe under what circumstances 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



Public Hearings/Proposed Rules



Sunset Advisory Commission


red bar graphic  UTAH


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 were 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



Draft TMDLs



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Dept. of Ecology


Emergency Regulation



Final Regulations




red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


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



red bar graphic CLIMATE CHANGE



  • EPA issued a study conducted by the Johns Hopkins University Bloomberg School of Public Health and the Centers for Disease Control and Prevention which called for additional measures to address the human health effects of climate change. See http://www.jhsph.edu/nationalassessment-health/

  • Warmer temperatures are responsible for a reduced rate of thinning of the ozone layer over the Northern Hemisphere, according to the World Meteorological Organization. The depletion of the ozone layer since December was about 5% less than the average pre-1980 levels. See http://www.wmo.ch/index-en.html

  • New Zealand's Energy Efficiency and Conservation Authority and Ministry for the Environment issued a discussion draft, "Proposed Implementation of Mandatory Energy Performance Standards and Labeling," for public comment. See http://www.eeca.govt.nz/content/meps/default.asp

  • The European Commission report "Annual European Community Greenhouse Gas Inventory 1990-1999" showed a 4% reduction in greenhouse gas emissions between 1990 and 1999. See http://reports.eea.eu.int

  • Ford Motor Company announced, through its 2000 Corporate Citizenship Report, that it believes global warming is a serious issue and that the company is committed to reducing greenhouse gas emissions. And Entergy, a utility company, said it would reduce carbon dioxide emissions at its coal-fired plants.

red bar graphic ASIA/MIDDLE EAST



  • China began a five-year project to address water shortages, particularly in western China, that affect help 24 million residents in 21 provinces.

  • Piracy in southeastern Asian waters is posing such a threat to navigation that increased oil spills are inevitable, according to the International Maritime Bureau. See http://www.intertanko.com/artikkel.asp?id=2489

  • The largest mangrove forest in the world, the Sundarbans in southwest Bangladesh, is threatened with environmental ruin, according to a report. See http://www.unesco.org/whc/nwhc/pages/sites/main.htm

  • Russian Siberian tigers face possible extinction, according to a Russian television report. See http://news.bbc.co.uk/hi/english/world/monitoring/media_reports/newsid_1291000/1291366.stm

  • Japanese Environment Minister Yoriko Kawaguchi affirmed his country's support of the Kyoto Protocol.

  • Japan's Ministry of Economy, Trade, and Industry issued draft alternatives for fees for new and older cars to promote automotive recycling. The program would begin in fiscal year 2004. See (in Japanese) http://www.meti.go.jp/report/committee/index.html

  • Japan's Home Electric Appliance Recycling law became effective, with fees on the sale of various appliances, including refrigerators.

red bar graphic EUROPE



  • Approximately 30 Norwegian whaling ships undertook an annual whale hunt. Norway intends to resume the export of whale meat and blubber, in contravention of a prohibition on the export of products from minke whales under the U.N. Convention on International Trade in Endangered Species.

  • Sales of pesticides and herbicides declined in France during 2000 as a result of a new environmental tax, although applications did not, according to the French Crop Protection Association.

  • A summit opened in Romania to address, among other topics, protection of the Danube River. See http://news.bbc.co.uk/hi/english/world/europe/newsid_1303000/1303140.stm

  • The UNEP reports that fighting in Albania and Kosovo has left an environmental impact that places many residents at risk. The environmental damage is worst at five "hot spots" in Albania. Many of the estimated 500,000 refugees who fled the war in Kosovo live on two of the sites. According to the report, some of the families in Durres are exposed to a levels of contamination from a banned pesticide that is more than 100 times the level that would be defined as hazardous waste in developed countries. 

  • Germany's environment ministry confirmed that it intends to begin a mandatory deposit program for disposable beverage containers next year. The affirmation came in the form of a rejection of a "pledge" by retailer groups that they would voluntarily ensure sales of at least 23 billion liters of beverages in reusable containers, with at least 90% being recycled.

  • Concerns were raised in the U.K. regarding dioxin releases from the incineration of animals affected or potentially affected with foot-and-mouth disease.

red bar graphic AFRICA



  • The Global Crop Protection Federation said that its members have agreed to help pay for the disposal of 3,000 metric tons of obsolete toxic pesticides in Ethiopia.

  • South Africa said it would relocate 1,000 elephants to Mozambique, the site of a new wildlife park that is intended to foster biodiversity.