Jump to Content

Weekly Update Volume 31, Issue 14

05/14/2001

LITIGATION
large red bar graphic

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

red bar graphic  ROADLESS AREA CONSERVATION RULE, NEPA, INJUNCTION:

A district court enjoined the U.S. Forest Service from implementing all aspects of the Roadless Area Conservation Rule, which prohibits the construction of roads on presently roadless areas in the national forests. The federal government has committed to amendments to its EIS for the roadless rule, and this commitment suggests that the requisite hard look was not taken when the EIS was originally prepared. Further, the government does not provide any explanation as to why the information to be obtained by virtue of the proposed amendments cannot be obtained prior to placing the rule into effect. In addition, those challenging the rule have shown that the roadless rule poses serious threats to the national forests and adjoining lands by restricting active management activities that have already been planned and by precluding Forest Service officials from considering certain management techniques in planning future management activities. Therefore, those challenging the rule have made the minimal showing of irreparable harm necessary to justify an injunction. State v. United States Forest Service, No. CV01-10-N-EJL (D. Idaho May 10, 2001) (Lodge, J.) (5 pp.).


red bar graphic  COMMERCE CLAUSE, SOLID WASTE, EQUAL PROTECTION, DUE PROCESS:

The Sixth Circuit affirmed a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county designated landfills that agreed to collect and remit to the county a fee for county waste disposed of at that landfill. The company disposed of most of its waste at an out-of-state landfill, and although that landfill was a designated facility, the county rescinded the designation the when the landfill refused to sign a designation agreement. The county, subsequently, adopted a resolution that designated eight landfills, one of which was out of state. The company then brought suit claiming that the county's designation rules violated the Commerce Clause and its equal protection and due process rights under the Fourteenth Amendment. However, the county's rules do not violate the Commerce Clause. The rules do not discriminate against interstate commerce on their face or in practical effect. The rules are not territorially based, and the company is not forbidden to dispose of its waste out of state. Likewise, the practical effect of any or all counties adopting the rules at issue does not strangle interstate commerce, and the rules do not deprive the company of a competitive advantage it gained by using the interstate market. What the company really challenges is its inability to dispose of waste in its favored landfill, but the county would have approved the landfill if it had signed the designation agreement. Moreover, the county's rules do not impose a burden on interstate commerce that is clearly excessive in relation to the putative local benefits. In addition, the county did not violate the company's equal protection rights by excluding it from the designation process. The county directed the designation process to all landfill facilities, and it is not the county's fault that the company, unlike its competitors, did not own its own landfill. Similarly, the county's adoption of its rules was not arbitrary and capricious and, thus, could not be said to violate the company's due process rights. Maharg, Inc. v. Van Wert Solid Waste Management District, No. 99-4035 (6th Cir. May 7, 2001) (11 pp.).

red bar graphic  ESA, FAIRY SHRIMP LISTING, JURISDICTION:

The D.C. Circuit affirmed a district court denial of summary judgment to a building industry association challenging the FWS' listing as endangered or threatened under the ESA four species of fairy shrimp that live in vernal pools in California. The district court granted summary judgment to the FWS on all claims except the association's claim that the FWS failed to designate the shrimps' critical habitat. The association appealed but it was dismissed for lack of jurisdiction because, with the habitat designation on remand, the district court decision was not final. After the association received an amended judgment striking from their original complaint the habitat designation claim, they again appealed the district court's grant of summary judgment. The dismissal of the habitat designation claim provided the D.C. Circuit with jurisdiction over the appeal. Although the original decision was not final, the dismissal of the only claim that survived that decision retroactively rendered the original decision final and appealable under the doctrine of cumulative finality. The FWS, however, did not violate the APA by failing to seek comment on a study, which was released after the listing proposal and during the comment period, that they relied heavily upon in listing the shrimp. A final rule that is a logical outgrowth of the proposal does not require additional notice and comment if the rule relies on data submitted during the comment period. The study provided additional support for the proposal, but it did not modify the proposal's hypothesis. Moreover, the FWS' measurement of shrimp populations solely in terms of groups of vernal pools called complexes did not violate the APA by failing to put the public on notice of the use of the complex methodology. The FWS' proposal discussed damage to the shrimp in terms of both individual pools and complexes, and, thus, the final rule's reliance solely on complexes was a logical outgrowth of the proposal. Last, the shrimps' listing is not invalid because the FWS failed to comply with its present peer review policy. The present policy came into force 22 months after the close of the comment period for the shrimp listing, and the listing did undergo peer review in accordance with the previous policy. Building Industry Ass'n v. Norton, No. 00-5143 (D.C. Cir. May 8, 2001) (7 pp.).

red bar graphic  ENERGY, NATURAL GAS PRICING, STANDING:

The D.C. Circuit held that a Northern California gas company lacked standing to challenge FERC's approval of a contract restructuring that provided for the transfer of the capacity to transport and sell gas from a middleman to a Canadian gas company's subsidiary. Under the restructuring, an entitlement to ship 244,000 million Btu per day of gas was transferred from the middleman to the subsidiary, and the subsidiary enjoyed the same low rate for shipping as the middleman. The California company claimed the subsidiary's lower rate provided it with a competitive advantage over the California company and that FERC should have calculated the rate under its capacity release program. However, the California company failed to allege an actual or imminent injury-in-fact sufficient to trigger standing. The California company only alleged that the subsidiary's enjoyment of a lower rate may injure the California company by enabling the subsidiary to sell gas in the Northern California market, thereby undercutting the California company's market. There is no claim that the subsidiary has yet attempted to sell any gas in Northern California. Further, under any of the possible outcomes that the court could order, the subsidiary will deliver gas to Oregon, a point several hundred miles away from the California company's market. Some of this gas may well find its way into the California company's market, but without more that is an inadequate basis for saying that FERC's decision will almost surely cause the California company to lose business. Therefore, the alleged injury is too speculative, and more is needed to move the injury from conjectural to imminent. DEK Energy Co. v. Federal Energy Regulatory Commission, No. 00-1020 (D.C. Cir. May 4, 2001) (5 pp.).

red bar graphic  FEDERAL AID IN SPORT FISH RECREATION ACT, RIGHT OF EQUAL ACCESS, AIRBOAT OPERATION:

The Eleventh Circuit held that the Federal Aid in Sport Fish Recreation Act and its regulations do not create a federal right of equal access for boats with common horsepower ratings and, therefore, a Florida city ordinance prohibiting the operation of airboats on the city's lakes does not violate such a right. A sportsman association claimed that its members have a federal right of equal access under 42 U.S.C. §1983 to the city's lakes regardless of the type of boat used. The association argued that a regulation under the Federal Aid in Sport Fish Recreation Act created the claimed right to equal access. The regulation at issue has two parts. First, it provides that 10% of all funds be allocated for recreational boating access facilities. Second, it states that facilities funded under the Act must accommodate power boats with common horsepower ratings. Although the regulation and the Federal Aid in Sport Fish Recreation Act may contemplate improvement of access generally for recreational boating, it does not create an equal access right because the regulation is too far removed from congressional intent to create this enforceable right. Nothing in the statute suggests a right based on equality or comparability. In fact, the regulation imposes new and distinct obligations not found in the statute itself and, thus, is too far removed from congressional intent to constitute a federal right enforceable under 42 U.S.C. §1983. Kissimmee River Valley Sportsman Ass'n v. City of Lakeland, No. 99-13951 (11th Cir. May 10, 2001) (8 pp.).

red bar graphic  NATIVE AMERICAN LANDS, INDIAN GAMING REGULATION ACT (IGRA), PRELIMINARY INJUNCTION:

The Tenth Circuit affirmed a district court injunction staying action on the National Indian Gaming Commission's (NIGC's) decision that a tract of non-reservation land in Kansas, under lease to the Miami Tribe of Oklahoma, constitutes Indian lands subject to the IGRA. In 1995, the tribe sought NIGC approval under the IGRA of a proposed gaming contract between the tribe and a corporation. The NIGC did not approve the plan because the land proposed for gaming did not constitute "Indian lands." Subsequently, the tribe removed its blood quantum requirement, adopted the owners of the leased tract into the tribe, and assumed jurisdiction over the land. Soon after, the tribe reapplied for NIGC approval of the gaming plan, but the NIGC again determined that the lands were not Indian lands. The tribe appealed, and a district court held that the NIGC failed to provide a reasoned explanation why the tribe did not have jurisdiction over the lands. Thus, the matter was remanded to the NIGC, and the NIGC approved the gaming plan after determining that the lands constituted Indian lands. After the tribe sought to negotiate IGRA Class III casino gambling with the state of Kansas, the state sought relief from the NIGC's decision that the lands constituted Indian lands. A district court properly granted the state a preliminary injunction. Considering the presence of three casinos currently operating in Kansas, the public will not be adversely affected by the preliminary injunction. Likewise, the state stands to suffer irreparable harm if deprived of its sovereign interests over the lands at issue.  Moreover, this threatened injury to the state outweighs any harm to the tribe and the corporation in delaying the casino's construction. Also, the state has established a likelihood of success on the merits of its claim to set aside the NIGC's decision. In its decision determining that the lands at issue were Indian lands, the NIGC failed to thoroughly analyze whether the tribe had jurisdiction over the lands. Such an inquiry focuses on congressional intent, and Congress abrogated the tribe's jurisdiction over lands in Kansas in 1924. In addition, the district court had jurisdiction to issue the injunction, the Quiet Title Act does not limit review of the NIGC's decision, and the tribe is not a necessary and indispensable party to the state's suit. Kansas v. United States, Nos. 00-3057 et al. (10th Cir. May 4, 2001) (14 pp.).

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

THE FEDERAL AGENCIES
large red bar graphic

Note: Citations below are to the Federal Register.

red bar graphic  AIR:



  • EPA approved South Carolina's CAA §§111(d)/129 plan to implement and enforce the emissions guidelines for existing hospital/medical/infectious waste incinerator units. 66 FR 22927 (5/7/01). 

  • EPA approved New York's supplementary submittal for meeting the Agency's conditional approval of the New York state plan for regulating existing municipal solid waste landfills. 66 FR 23851 (5/10/01).

  • EPA proposed to find that the Baton Rouge, La., serious ozone nonattainment area has failed to attain the one-hour ozone NAAQS standard by November 15, 1999, the date set forth in the CAA for serious nonattainment areas; however, the area may be eligible for an attainment date extension under EPA's Guidance on Extension of Attainment Dates for Downwind Transport Areas. 66 FR 23646 (5/9/01).

  • EPA proposed to redesignate the Denver-Boulder metropolitan "transitional" ozone nonattainment area to attainment for the one-hour ozone NAAQS. 66 FR 24075 (5/11/01).

  • EPA withdrew the final rule published on March 20, 2001, promulgating full approval of operating permit programs submitted by Tennessee and the Memphis-Shelby County Health Department. 66 FR 24061 (5/11/01). 

red bar graphic  DRINKING WATER:



  • EPA proposed to determine that additional federal underground injection control regulations are not needed at this time for all categories of Class V injection wells not included in the final rulemaking on Class V motor vehicle waste disposal wells and large-capactiy cesspools (64 Fed. Reg. 68546, December 7, 1999). 66 FR 22971 (5/7/01). 

red bar graphic  HAZARDOUS WASTE:



  • EPA entered into a proposed administrative agreement under CERCLA §122(i)(1) in connection with the Marina Cliffs/Northwestern Barrel hazardous waste site in South Milwaukee, Wis. 66 FR 23924 (5/10/01). 

  • EPA entered into a proposed de minimis settlement under CERCLA §122(g)(4) in connection with the Petroleum Products Superfund site in Georgia. 66 FR 23925 (5/10/01).

  • EPA proposed to grant a petition to exclude from the lists of hazardous wastes certain solid wastes generated by Tenneco Automotive, Inc., at its Paragould, Ark., facility. 66 FR 24085 (5/11/01).

red bar graphic  NUCLEAR WASTE:



  • DOE announced the availability of the Yucca Mountain Science and Engineering Report, which provides the public with a summary of the information and data collected to date by the DOE in its multiyear study and characterization of the Yucca Mountain site as a potential spent nuclear fuel and high-level waste repository. 66 FR 23013 (5/7/01). 

red bar graphic  PROJECT XL:



  • EPA issued a final rule to facilitate the implementation of a Project XL program that will provide site-specific regulatory flexibility under RCRA for the Autolive ASP, Inc., facility in Promontory, Utah. 66 FR 23617 (5/9/01). 

  • EPA proposed a site-specific rule to implement a project under the Project XL program that will provide regulatory flexibility under RCRA for the Yolo County Landfill in Yolo County, Cal. 66 FR 23652 (5/9/01).

red bar graphic  RIGHT-TO-KNOW:



  • EPA granted a petition to delete chromite ore mined in the Transvaal Region of South Africa and the unreacted ore component of the chromite ore processing residue from the reporting requirements of EPCRA §313 and Pollution Prevention Act §6607. 66 FR 24066 (5/11/01).

red bar graphic  SMCRA PROGRAM APPROVALS:


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

THE CONGRESS
large red bar graphic

red bar graphic CHAMBER ACTION



  • S. 700 (agriculture; mad cow disease), which would establish a federal interagency task force for the purpose of coordinating actions to prevent the outbreak of bovine spongiform encephalopathy (commonly known as mad cow disease) and foot-and-mouth disease in the United States, was passed by the House, clearing the measure for the President. 147 Cong. Rec. H2051 (daily ed. May 9, 2001).

  • H.R. 581 (wildfire management), which would authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, was passed by the House. 147 Cong. Rec. H2053 (daily ed. May 9, 2001). The bill would also reimburse the FWS and the National Marine Fisheries Service to facilitate the interagency cooperation required under the ESA in connection with wildland fire management. 

red bar graphic COMMITTEE ACTION



  • S. 206 (Public Utility Holding Act; electric utilities) was reported by the Senate Committee on Banking, Housing, and Urban Affairs. S. Rep. No. 15, 147 Cong. Rec. S4589 (daily ed. May 9, 2001). The bill would repeal the Public Utility Holding Company Act of 1935, to enact the Public Utility Holding Company Act of 2001.

red bar graphic  BILLS INTRODUCED



  • S. 834 (Murkowski, R-Alaska) (nuclear facilities) would provide duty-free treatment for certain steam or other vapor generating boilers used in nuclear facilities. 147 Cong. Rec. S4400 (daily ed. May 4, 2001). The bill was referred to the Committee on Finance. 

  • S. 835 (Levin, R-Mich.) (Detroit River International Wildlife Refuge) would establish the Detroit River International Wildlife Refuge in Michigan. 147 Cong. Rec. S4400 (daily ed. May 4, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 845 (Crapo, R-Idaho) (renewable energy) would amend the Internal Revenue Code of 1986 to include agricultural and animal waste sources as a renewable energy resource. 147 Cong. Rec. S4508 (daily ed. May 8, 2001). The bill was referred to the Committee on Finance.

  • S. 855 (Boxer, D-Cal.) (toxic substances and pollutants) would protect children and other vulnerable subpopulations from exposure to environmental pollutants. 147 Cong. Rec. S4590 (daily ed. May 9, 2001). The bill would also protect children from exposure to pesticides in schools, and would provide parents with information concerning toxic chemicals that pose risks to children. The bill was referred to the Committee on Environment and Public Works. 

  • H.R. 1750 (Dingell, D-Mich.) (CWA) would amend the CWA to authorize funding for the state water pollution control revolving fund program for fiscal year 2002 through 2006. 147 Cong. Rec. H2021 (daily ed. May 8, 2001). The bill was referred to the Committee on Transportation and Infrastructure. 

  • H.R. 1751 (Dingell, D-Mich.) (CWA) would amend the CWA to authorize appropriations for fiscal years 2002 through 2006 for the municipal construction grant program. 147 Cong. Rec. H2021 (daily ed. May 8, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 1772 (Cannon, R-Utah) (land exchange) would provide for an exchange of certain property between the United States and Ephraim City, Utah. 147 Cong. Rec. H2081 (daily ed. May 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1776 (Green, D-Tex.) (Buffalo Bayou National Heritage Area) would authorize the Secretary of the Interior to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas. 147 Cong. Rec. H2081 (daily ed. May 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1781 (Lofgren, D-Cal.) (energy; fusion) would require the Secretary of Energy to develop a plan for a magnetic fusion burning plasma experiment for the purpose of accelerating the scientific understanding and development of fusion as a long-term energy source. 147 Cong. Rec. H2081 (daily ed. May 9, 2001). The bill was referred to the Committee on Science.

  • H.R. 1790 (Smith, R-Mich.) (agriculture) would reauthorize the tree loss assistance program to compensate orchardists and tree farmers who plant trees for commercial purposes but lose the trees as a result of a natural disaster. 147 Cong. Rec. H2082 (daily ed. May 9, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 1791 (Traficant, D-Ohio) (Millennium Cultural Cooperative Park) would provide a grant under the Land and Water Conservation Fund Act of 1965 to assist in the development of a Millennium Cultural Cooperative Park in Youngstown, Ohio. 147 Cong. Rec. H2082 (daily ed. May 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1800 (Kind, D-Wis.) (Mississippi River) would establish the Upper Mississippi River Stewardship Initiative to monitor and reduce sediment and nutrient loss in the Upper Mississippi River. 147 Cong. Rec. H2140 (daily ed. May 10, 2001). The bill was referred to the Committees on Agriculture, and Resources.

  • H.R. 1814 (Olver, D-Mass.) (national trails) would amend the National Trails System Act to designate the Metacomet-Monadnock-Sunapee-Mattabesett Trail extending through western New Hampshire, western Massachusetts, and central Connecticut for study for potential addition to the National Trails System. 147 Cong. Rec. H2141 (daily ed. May 10, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1815 (Olver, D-Mass.) (fuel efficiency) would amend title 49, United States Code, to require phased increases in the fuel efficiency standards applicable to light trucks. 147 Cong. Rec. H2141 (daily ed. May 10, 2001). The bill would also require fuel economy standards for automobiles up to 10,000 pounds gross vehicle weight and would raise the fuel economy of the Federal fleet of vehicles. The bill was referred to the Committees on Energy and Commerce, and Government Reform.

  • H.R. 1823 (Udall, D-N.M.) (land claims) would establish a Presidential commission to determine and evaluate the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848 involving the descendants of persons who were Mexican citizens at the time of the Treaty. 147 Cong. Rec. H2142 (daily ed. May 10, 2001). The bill was referred to the Committee on Resources. 

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

IN THE STATES
large red bar graphic


red bar graphic ALABAMA


Dept. of Envtl. Management


Fish Tissue Monitoring Program Results



  • Results from the Fiscal Year 2001 fish tissue monitoring program reveal that most fish sampled from river basins targeted for sampling last fall do not have elevated levels of contaminants, according to ADEM. However, polychlorinated biphenyl (PCB) levels in a composite sample of striped bass from upper Lay Reservoir and a composite sample of channel catfish from upper Neely Henry Reservoir were above U.S. Food and Drug Administration guideline levels. No, or very little, bioaccumulation of pollutants was detected in bass and catfish from Claiborne, Dannelly, and Jones Bluff Reservoirs within the Alabama River basin. Similar results were recorded in fish from Guntersville Reservoir in the Tennessee River basin; Harris, Martin, Yates, and Thurlow Reservoirs in the Tallapoosa River basin; and Weiss Reservoir in the Coosa River basin. See http://www.adem.state.al.us/EduInfo/PressReleases/4fish01.htm

Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Legislature


Special Session Called to Address Cruise Ship Environmental Standards



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


Permit Application




  • DEQ proposes to issue a hazardous waste management permit modification to Weyerhaeuser Company; De Queen Treating Plant, De Queen. The proposed permit modification pertains to the final RCRA post-closure Permit 25H (effective on Feb. 23, 1995). Comments due June 11. 


Proposed Consent Orders, Penalty Assessments




  • Comments due June 10. APAC-Arkansas, Inc., Fayetteville Air Division, $500 penalty; City of Dermott (Amendment to CAO No. 3), Dermott Water/NPDES Division, no penalty; City of Plummerville, Plummerville Water Division, no penalty; City of Wabbaseka, Wabbaseka NPDES/Water Division, $750 penalty; Cook Communications Ministries (CCM Properties), Siloam Springs Hazardous Waste Division, no penalty; General Dynamic OTS (Hietech), Inc. (Amendment to CAO), East Camden Hazardous Waste Division, no penalty; General Dynamic OTS (Hietech), Inc. (Amendment to CAO), East Camden Hazardous Waste Division, no penalty; James William Land, Jr., Little Rock Air/Solid Waste Division, $12,000 penalty; Mueller Copper Tube Products, Inc., Wynne Air Division, no penalty; Osceola Waste to Energy Facility, Osceola Air Division, no penalty; Jimmy A. Patton Contractor, Inc. (Amendment No. 1 to CAO), Little Rock Air Division, no penalty; Ray Stain, Cleburne County NPDES/Water Division, $3,000 penalty; Runyan Sanitary Sewer Improvement #211, Pulaski County NPDES/Water Division, $2000 penalty;  Sonny Woods, Marshall Asbestos Section, $600 penalty; Village Square Shopping Center, Garland County NPDES/Water Division, $1000 penalty; Vlasic Foods International, Fayetteville Air Division, no penalty; Arkansas State Police Troop F Headquarters, Warren Regulated Storage Tank Division, $500 penalty;  Arkansas State Police Troop L Headquarters, Springdale Regulated Storage Tank Division. $500 penalty; Jerry White/Radford Equipment Company, Little Rock Regulated Storage Tank Division, $2500 penalty; Coastal Unilube, Inc., West Memphis Air Division, no penalty.

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



May 17 Board Meeting Agenda



Dept. of Toxic Substances Control


Draft Public Participation Policy Manual



Public Notices



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. 

Final 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


May 17 Board Meeting Agenda



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



Proposed Regulations-Procedures for Selecting Private Architectural, Landscape Architectural, Engineering,
Environmental, Land Surveying, or Construction Project Management Firms



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 Regulation-Proposed Amended Rule (PAR) 1122–Solvent Degreasers



  • SCAQMD Rule 1122–Solvent Degreasers, currently establishes VOC emission reduction requirements for batch-loaded cold cleaners, open-top vapor degreasers, all types of conveyorized degreasers, and air-tight and airless cleaning systems that carry out solvent degreasing operations with a solvent containing VOCs. Solvent degreasing operations that are regulated by this rule include, but not limited to, the removal of contaminants from parts, products, tools, machinery, and equipment.

    The proposed amendments to Rule 1122 are summarized as follows:

1. Modify rule applicability to include NESHAP halogenated solvent cleaners (methylene chloride, carbon tetrachloride, chloroform, perchloroethylene, trichloroethylene, and 1,1,1-trichloroethane)
2. Require the use of airless or air-tight cleaning system for NESHAP halogenated solvents and VOC open-top vapor degreasing operations by July 2003; 
3. Lower the material VOC limit for cold cleaners from 50 grams/liter to 25 grams/liter by 2005; 
4. Delete obsolete rule requirements; 
5. Clarify rule exemption criteria; and 
6. Add exemption for film cleaning and printing equipment that use perchloroethylene to process motion picture films. Workshop May 30. See http://www.aqmd.gov/pub_edu/notice_r1122.html 


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

red bar graphic COLORADO


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


red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Environmental Compliance History Policy



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



Permit Hearings-Calendar


red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Proposed Regulations-On-Site Wastewater Treatment and Disposal Systems



Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection



Final Regulations-Water Quality



DEP Project Director to Receive National Wetlands Award



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.

Florida, Georgia, Alabama Resume ACF Negotiations



  • Advisors for Florida, Georgia, and Alabama have concluded mediation aimed at finding a consensus for a water allocation formula for the Apalachicola-Chattahoochee-Flint Rivers. The mediation was concluded by the mutual agreement of the states, and Florida began scheduling its stakeholder meetings. See http://www.dep.state.fl.us/comm/releases/2001/01-097.htm

DEP Begins Ozone Forecasting in Pensacola Area



Proposed Regulations-Water Quality



  • Proposed rule is intended to help ensure consistent implementation of the Department’s lead/chief operator staffing requirements for domestic wastewater treatment plants and for drinking water treatment plants. The proposed rule would require an operator whose license meets the lead operator classification level of the plant to be available during all periods of plant operation. "Available" would be defined to mean "able to be contacted as needed to initiate the appropriate action in a timely manner." Further, it would clarify the requirement that the lead operator be on duty for one full shift each duty day by eliminating the requirement and instead requiring the lead operator to be employed at the plant full time. "Full time" would be defined to mean "at least 4 days per week, working a minimum of 35 hours per week, including leave time." The proposed rule would allow the lead operator to supervise the operation of multiple plants connected to a single distribution or collection system when such plants are under an electronic surveillance and control system upon receiving written approval from the Department.  The lead/chief operator’s time shall be allocated, and the shift time may be equally divided between or among the two plants based upon the size and complexity of the plants and the availability of electronic surveillance and control for the plants. Hearing, if timely requested, will be June 7. 

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.


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 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 was 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 was 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 was 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 was 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


Proposed Regulations-Drinking Water Quality



  • Proposed revisions to Rules for Safe Drinking Water, Ch. 391-3-5 and Rules and Regulations for Water Quality Control, Ch. 391-3-6. Public hearing was May 2. See http://www.ganet.org/dnr/environ/

Proposed Regulations-Air Quality



  • Amendments to Rules for Air Quality Control, Chapter 391-3-1; Amendments to Georgia's Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20; Amendments to the Procedures for Testing and Monitoring Sources of Air Pollutants; Procedures for Calculating Air Permit Fees for Calendar Year 2000 ("Permit Fee Manual"). Public hearing June 6; comments due same date. Will be presented to Board June 27 for approval. See http://www.ganet.org/dnr/environ/

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


Outstanding Resource Waters-Petitions



Pending Permit Applications



Fuel Spills Workshop



Sediment Control/Wetlands Technology Workshops


red bar graphic ILLINOIS


Pollution Control Board


Proposed Regulations





  • PCB is considering a proposal by IEPA to update and clarify rules and to make some substantive changes to the Site Remediation Program (SRP). Hearings have been held concerning In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code 740 (R01-27). The Board is also considering a proposal submitted by Citizens for a Better Environment (R01-29), which has been consolidated with R01-027. In R01-27 there are two proposed substantive changes to the Site Remediation Program. The first is establishment of "soil management zones" (SMZs) that would be used for on-site placement of contaminated soils for structural fill or land reclamation, consolidation of contaminated soils within the remediation site, and removal and re-deposit of contaminated soils following on-site treatment. The second change would require that chemical analyses of soil and groundwater samples be performed by accredited laboratories. In R01-29 the Citizens for a Better Environment are calling for additional public hearing, recordkeeping, and reporting requirements on all Site Remediation Program sites intended to be used as schools. The original proposal would have applied to all SRP sites intended to be used as a school, playground, or public park; however, it was amended following questions at the first public hearing. The Board tentatively plans to move these rulemakings to first notice in the coming months. See http://www.ipcb.state.il.us/RULES/R01-027/HearingRecords.htm and http://www.ipcb.state.il.us/RULES/R01-029/HearingRecords.htm.  



  • 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 Hearings June 7, 2001, in Springfield; and June 20, 2001, in Chicago. As that order provided, the deadlines for the Clerk of the Board (Clerk) to receive prefiled testimony are as follows: May 23, 2001, for persons who wish to testify at the Springfield hearing; and June 13, 2001, for persons who wish to testify at the Chicago hearing. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-13884/html



  • 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



April 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 


red bar graphic  INDIANA


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, 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




  • 401 KAR 5:074. The proposal concerns KPDES permit conditions for beef, dairy, poultry, and swine concentrated animal feeding operations. Hearing May 22. See http://water.nr.state.ky.us/dow/5-074E_NOI.pdf and http://water.nr.state.ky.us/dow/hrgnots.htm; see generally http://water.nr.state.ky.us/dow/cafo.htm. A new emergency regulation, 401 KAR 5:074E, became effective on March 23, 2001, taking the place of 401 KAR 5:072 which expired at the close of the legislative session on March 23, 2001. A public hearing to receive comments on a proposed regulation, 401 KAR 5:074, has been scheduled for 6:30 p.m. CT on May 22 in the Byrnes Auditorium, Madisonville Community College. The Division of Water has issued the final KPDES CAFO General Permits effective 10/13/00. These general permits will be issued to selected swine, poultry, beef and dairy CAFO operations after application to the Division. All operations between 1,000 and 1,500 animal units are required to be permitted and are eligible for coverage under a KPDES CAFO General Permit with some exceptions.


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




  • The Department is proposing to amend Chapters 100, 115, and 140 of the Department's regulations to address remaining requirements for federal approval of Maine's Title V Operating Permit Program. These changes include enhancing EPA and public participation review process for minor license revisions, incorporating provisions in Chapter 140 whereby a facility may make changes with a simple 7-day advance notice if the changes do not result in an increase in emissions, removing certain activities from the list of insignificant (exempt) activities contained in Appendix B to Chapter 115 and Chapter 140, incorporating the latest federal air quality modeling requirements, and amending the Chapter 100 definitions to include definitions consistent with federal requirements for the construction or reconstruction of hazardous air pollutant sources and maximum available control technology determinations. The proposed amendments will also establish provisions in Chapter 115 and Chapter 140 requiring an applicant to notify any affected federal land manager and Indian governing body of all major modifications or new major source license applications and provide at least 30 days for comment. Public hearing June 7; comments due June 18. See http://www.state.me.us/sos/cec/rcn/apa/notices/051601.htm 



  • Another proposal would require 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


Proposed Regulations-No Adverse Environmental Effect Standard of the Site Location Law




  • To ensure consistency between regulatory programs, the proposed rule eliminates the discrepancies between
    gravel pit performance standards. Specifically, the rule repeals the gravel pit buffer standards required under the Site Location Law and replaces them with the buffer standards contained in the Performance Standards for Excavations, 38 MRSA §490-D. Public hearing June 7; comments due June 28. See http://www.state.me.us/sos/cec/rcn/apa/notices/051601.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


Northern Blackstone Lakes Draft TMDL



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




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

Permitting Calendar  



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Legislature


Prohibition on Sale and Distribution of Mercury-Containing Thermometers Enacted



Pollution Control Agency


Unlined Manure Storage Systems-New Report



Permit Applications, Other Notices



Animal Feedlot/Storage Area Registration Update


red bar graphic  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Water Quality




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



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


Final Regulations-Air Quality




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


Proposed TMDLs



Water Pollution Control-Permit Applications




red bar graphic MONTANA


Dept. of Envtl. Quality


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 considered, 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 was 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 was 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 was 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 was 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-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


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.

Dept. of Envtl. Conservation


Emergency Regulations-Air Quality



  • Amendments to the following parts and subparts of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York: Part 200, General Provisions, Part 201, Permits and Registration, Subpart 225-1, Fuel Composition and Use- Sulfur Limitations and Subpart 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx). The New York State Public Service Commission, the New York State Energy Research and Development Authority, the New York Independent System Operator (the NYISO), and the New York State Reliability Council, have expressed deep concern about the ability of the electricity generation, transmission, and distribution system (the electric grid) in New York State to accommodate increasing loads without additional generation. These parties, all of whom share some responsibility for assuring the reliability of the electric grid in New York, are concerned that, during the summertime peak electricity demand periods, existing generation capacity in New York may be insufficient and power outages may occur. This potential supply shortfall is expected to disappear when the first new central electricity generating plants, currently being sited pursuant to the Public Service Law Article X process, begin operating. This should happen prior to the summer of 2003.

    In response to the above-described concerns, the NYISO developed an Emergency Demand Response Program (EDRP) for the 2001 and 2002 peak demand periods. The EDRP is meant to encourage certain electricity customers to reduce electrical demand during emergency situations to help assure that demand will not outstrip supply and the need for load shedding (rolling blackouts) will not arise. Much of this demand reduction potential will come from the availability of emergency generation capacity. Currently, the Department’s regulations only allow emergency generators to operate when the usual source of power is actually interrupted rather than when interruption is imminent. A regulatory change is needed to permit the use of these emergency generators before the power supply is interrupted.

    These amendments will permit emergency generators that are part of the EDRP to operate for up to 200 hours per year when called on by the NYISO in situations where load shedding is imminent. The emergency generators that take part in the EDRP will be defined as "centrally dispatched emergency power generating units" and the emergency generators that may be used when the primary source of power is actually unavailable will be defined as "facility specific emergency power units.""Centrally dispatched emergency power generating units" must refuel with fuel having a sulfur content of no more than 30 parts per million sulfur unless deemed unavailable by the President of NYSERDA. These units, "centrally dispatched emergency power generating units" and "facility specific emergency power generating units," will retain their exemption from the NOx RACT requirements of Subpart 227-2 provided they operate within the parameters of their Part 201 exemptions.

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 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.

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


Proposed Regulations-Air Quality




  • Adoption, amendments, and repeal of rules on emissions of nitrogen oxides to implement new federal state implementation plan requirements for emissions of nitrogen oxides. Proposal will address the appropriateness and interpretation of the requirement for using continuous emission monitors that meet the specifications of 40 C.F.R. pt. 75 for all sources covered under the NOx SIP call. Hearings May 21 and June 5. See http://daq.state.nc.us/Calendar/Planning/publicnotice.pdf and http://daq.state.nc.us/Rules/Hearing/


Division of Air Quality Permit Applications, Hearings



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


OPEA Actions, Notices by County



Public Meetings



Pending Air Permits


red bar graphic OKLAHOMA


Dept. of Envtl. Quality


Draft Source Water Assessment and Protection Program Document


red bar graphic OREGON


Dept. of Envtl. Quality


DEQ Levies Penalties Totaling $158,693 During April



Proposed Regulations-Air Quality



  • General Air Contaminant Discharge Permits (ACDP) for 18 air pollution source categories. The rule amendments would allow a facility that currently has an individual ACDP to be assigned to a General ACDP, if the facility meets the criteria. Each general permit will include the relevant requirements for the source category. These requirements include Plant Site Emission Limits for individual pollutants, and associated testing, monitoring, recordkeeping, and reporting requirements. DEQ would issue each general permit for 10 years. Most individual ACDPs must be renewed every five years. More than 50% of the facilities that currently have ACDPs are eligible for assignment to general permits. The proposed general permits will also allow regulated facilities to have more flexibility in their operations while maintaining compliance with state regulations. The 18 source categories are:

    Hard chrome platers 
    Decorative chrome platers 
    Degreasers–batch cold 
    Degreasers–batch vapor and in-line 
    Degreasers-all 
    Dry cleaners that have not been submitting required reports 
    Asphalt plants 
    Rock crushers, 25,000 or more tons per year 
    Ready-mix/concrete plants 
    Sawmills/millwork, 25,000 board feet or more per 8-hour shift 
    Boilers: Oil fired 10 or more million and natural gas fired 30 or more million Btu per hour heat input boilers 
    Crematories 
    Grain elevators, 10,000 or more tons per year 
    Prepared feeds/cereal/flour, 10,000 or more tons per year 
    Seed cleaning, 5,000 tons or more per year 
    Coffee roasters, 30 or more tons per year 
    Bulk Gasoline Plants 
    Electric Power Generators


Workshops May 21-24. See http://www.deq.state.or.us/aq/ and http://www.deq.state.or.us/news/releases/203.htm



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



Coastal Zone Management Program; Minor Changes


red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Proposed Regulations-Wetlands Management



Local Open Space and Public Recreation Development Grants



  • Public meeting May 31 at DEM headquarters.  

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

  • Comments due May 29, hearing June 14. R.61-62.99, Nitrogen Oxides (NOx) Budget Program Requirements for Stationary Sources not in the Trading Program and the South Carolina State Implementation Plan. See http://www.scdhec.net/eqc/


  • Amended Regulation 61-62, Air Pollution Control Regulations and Standards. Comments due May 28. Revisions intended to adopt U.S. EPA final rules for new and existing commercial and industrial solid waste incineration (CISWI) units and small municipal waste combustion (MWC) units.


    DHEC proposes to amend Regulation 61-62.5, Standard Number 3, Waste Combustion and Reduction. The purpose of this notice is to extend the drafting period previously established by the July 28, 2000, drafting notice published in Volume 24, Issue 7 of the State Register. Comments due May 28. On June 25, 1999, a revision to Regulation 61-62.5, Standard 3, Waste Combustion and Reduction, was published in the State Register (Document Number 2352). DHEC undertook this revision for the purpose of clarifying portions of the regulation, not to add new requirements or make the regulation any more stringent. However, as the regulation was in the final steps of being promulgated, several industry groups brought forward concerns about the interpretation of certain aspects of the regulation. Specifically, when the emission limitations for industrial and utility boilers were converted from lb/1000 gallons of liquid waste or waste fuel being burned to lb/106 BTU total heat input, some facilities that burned coal in addition to waste fuel found that the metals inherent to coal would possibly preclude them from meeting the emission limitations if the unit also combusted waste. To resolve this issue, DHEC published a Notice of General Public Interest in the State Register on June 25, 1999. The notice established three options for determining emission limitations for industrial and utility boilers that burn coal and waste and stated that these options would be available to facilities until such time as DHEC  revised the regulation. DHEC proposes to revise Regulation 61-62.5, Standard 3, Waste Combustion and Reduction, to review the emission limitations stated above. In addition, DHEC intends to review the exemption provided for total reduced sulfur control devices that burn other waste fuels and may consider other amendments as determined to be necessary.


Proposed Regulations-Drinking Water



    DHEC proposes to amend R.61-58, State Primary Drinking Water Regulations. Comments due June 1. DHEC proposes to revise the regulations to add requirements for distribution system certified operators for all community and non-community, non-transient water systems. In addition, DHEC proposes to revise the regulations to eliminate requirements that no longer apply, add design requirements to address new drinking water treatment technologies, address design and operational issues associated with pumping drinking water into aquifers for storage and recovery and clarify existing requirements where necessary. These revisions may include rearranging and renumbering the regulations to improve overall readability and organization. The proposed revisions will require legislative review.


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


  • Proposed amendment to Regulation 61-69, Classified Waters. Comments due May 28. DHEC is considering reclassifying the waters of Hunting Island State Park, from Class Shellfish Harvesting Areas (SFH) to Class Outstanding Resource Waters (ORW) to protect recreational and ecological resources. These waters are located in Beaufort County. The amendment requires legislative review.



  • DHEC proposes to amend R.61-56, Individual Waste Disposal Systems. A Notice of Drafting was previously published in the State Register on May 23, 1997. Comments due May 28. This regulation establishes procedures and criteria for evaluation of sites, issuance of permits, and the installation of individual waste disposal systems.



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

  • 30 TAC Chapter 106: Permits by Rule Revision. Revision of Title 30 Texas Administrative Code (TAC) Chapter 106 to ensure consistency with the 30 TAC Chapter 101 upset/mainenance rules and to make minor changes to clarify the rule. Also, inclusion of a general recordkeeping requirements for permits by rule to express concerns addressed by U.S. EPA. Minor changes to sections 106.181, 106.332, and 106.454 that clarify rule applicability and correct typos. Sections 106.263 and 106.335 will be revised to account for facilities and or activities covered under sections 101.6 and 101.7 (upset/maintenance). Additionally, a new section will be added to the rule that provides general recordkeeping requirements for permits by rule. (Amendments to §§106.181, 106.232, 106.332, 106.355, 106.454). Public hearing May 29. See http://www.tnrcc.state.tx.us/oprd/hearings/ph00051.pdf. Comments due June 4. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00051.pdf

Proposed Regulations-Water Quality



Proposed Regulations-Quad Review of 317-Design Criteria for Sewage Systems



Proposed Regulations-Quadrennial Review of Ch. 332, Composting



Proposed Regulations-Petroleum Storage Tanks



Draft Guidance Documents



Permit Hearings



Public Hearings/Proposed Rules



East Austin Tank Farm Proposed Penalties



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


Revised Landfill Closure Schedule (H.B. 1205-Affected Facilities 



Proposed Regulations-Solid Waste



Proposed Regulations-Water Quality



Draft Interim Nutrient Cap Strategy for the Shenandoah and Potomac River Basins



Draft TMDLs



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Legislature


Prohibition on Methyl Tertiary Butyl Ether (MTBE) Fuel Additive



Renewable Energy Source/Air Pollution Control Equipment Tax Credit 



Sales/Use Tax Credit for Solar, Wind-Powered Generation Facilities



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


Legislature


Isolated Wetlands Protection Legislation Enacted



Dept. of Natural Resources


Strategic Plan for Wisconsin Lakes Partnership



Air Rules Development



Public Hearing and Meeting Schedule



 



  • Authorization for hearing on revision of Chapter NR 809, Wis. Adm. Code, pertaining to establishing drinking water standards for radionuclides. Before Board at its May 22-23 meeting.

  • Adoption of Order RR-31-00–revision of Chapters NR 716, 726, 749, 811 and 812, Wis. Adm. Code, pertaining to replacing requirements for recording of groundwater use restrictions for properties granted closure with exceedances of Chapter NR 140 groundwater enforcement standards with a requirement for listing on the GIS Registry of Closed Remediation Sites. Before Board at its May 22-23 meeting. See http://www.dnr.state.wi.us/org/nrboard/agenda/05.pdf
  • Available at http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html



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



  • More than 500,000 tons of old and unused pesticides that have been banned or expired are seriously threatening the health of millions of people and the environment in nearly all developing countries and countries in transition, the U.N. Food and Agriculture Organization (FAO) warned in a report issued today  The figures are dramatically higher than previous estimates of around 100,000 tons. "The lethal legacy of obsolete pesticides is alarming and urgent action is needed to clean up waste dumps," said Alemayehu Wodageneh, FAO expert on obsolete pesticides. "These 'forgotten' stocks are not only a hazard to people's health but they also contaminate natural resources like water and soil. Leaking pesticides can poison a very large area, making it unfit for crop production." The pesticide waste has accumulated over more than 30 years and products are being added continuously, FAO said. The waste sites contain some of the most dangerous insecticides like the Persistent Organic Pollutants (POPs) aldrin, chlordane, DDT, dieldrin, endrin and heptachlor that have been banned in most countries, and organophosphates. As pesticides deteriorate, they form byproduct that may be more toxic than the original substance. In addition to pesticides, waste sites contain contaminated sprayers, empty pesticide containers, and huge quantities of heavily polluted soil. Many stocks are situated near farm fields and wells in poor rural areas, as well as near houses, food stores, and markets in urban areas. The dumps are often abandoned, unmanaged and in very poor condition, FAO said. In many cases pesticides are left in the open; stores are built in a traditional way, using mud and straw, with earth floors; metal containers are corroding; and toxic substances are leaking into the ground. See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0128.htm 

  • Urgent measures are needed to protect the vast hidden treasures of the deep seas from over-exploitation, according to a report by WWF, the conservation organization, and IUCN, the World Conservation Union. The report, The Status of Natural Resources on the High Seas, says that the deep sea, and the creatures that live within it, are threatened by unregulated fishing and oil exploration, CO2 dumping, biotechnology, and the exploitation of gas hydrates and hydrothermal vent heat. See http://www.panda.org/news/press/news.cfm?id=2321

  • A IUCN report says that invasive species are destroying ecosystems worldwide and inflicting billions of dollars' worth of damage every year. See http://www.iucn.org/biodiversityday/index.html. Another report, by IUCN and Future Harvest, found that half the world's natural reserves are being farmed. See http://www.futureharvest.org/pdf/biodiversityen.pdf The report is entitled Common Ground, Common Future: How Ecoagriculture Can Help Feed the World and Save Wild Biodiversity. It says that "unless agricultural practices are improved--among smallholders and large-scale agribusiness alike--habitats and species will continue to disappear at an alarming rate," and "unless agricultural production in the tropics increases,"  "poverty will deepen." "The challenge is to protect wild species and conserve habitat while increasing agricultural production." 

red bar graphic CLIMATE CHANGE



  • Dutch Environment Minister Jan Pronk said he would consult with several countries in an effort to draft an outline pact on meeting greenhouse gas reduction targets in preparation for the resumed climate change talks in July (16-27) in Bonn. He expects to have an informal discussion in the Netherlands in June.  

  • European Union Environment Commissioner Margot Wallstrom, while expressing hope that the U.S. returns to the Kyoto fold, said that American allies such as Canada, Japan, and Australia could take President Bush's lead.  

  • "Sealing" the ozone layer through the use of hydroxyl could have an adverse effect, according to a paper published in New Scientist

red bar graphic ASIA/MIDDLE EAST



  • A report published in Science says that forests on the Sundra Shelf, on the Indonesian island of Sumatra, will be completely destroyed within five years if current essentially unregulated practices continue. 

red bar graphic  EUROPE



  • Representatives from Bulgaria, Croatia, Estonia, Georgia, Hungary, Latvia, Lithuania, Moldova, and Poland met to discuss ways to protect the ozone layer and promote environmentally sustainable agricultural practices, particularly through developing methyl bromide alternatives for soil uses.

  • The U.K. announced that it would strengthen standards for offshore oil drilling and exploration. 

  • The European Commission began a three-year "Clean Air for Europe" assessment. "We have come a long way in reducing air pollution, but we have not yet achieved our final objective, that is to make sure that everybody in Europe, even those who are particularly vulnerable to bad air, can breathe freely," EU Environment Commissioner Margot Wallstrom said.

  • Belgium's Prime Minister Guy Verhofstadt said that his country, upon taking the reins of the European Union presidency on July 1, would emphasize the development of rules governing genetically modified organisms.

  • Montenegro is apparently asking for international assistance to clean up an area contaminated by depleted uranium due to the 1999 NATO air strikes on Yugoslavia.

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.


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


ELR® UPDATE 
large red bar graphic

Vol. 31

May 14, 2001

No. 14


TABLE OF CASES

LITIGATION

THE FEDERAL AGENCIES

THE CONGRESS

IN THE STATES

INTERNATIONAL


Please send comments to: orders@eli.org
Environmental Law Reporter®, An Environmental Law Institute® Publication, Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved.

ELR EVENTS
large red bar graphic

red bar graphic   May 17, 2001, Significant Developments in Maryland State Environmental Law, Baltimore, MD

ELI is pleased to collaborate with the Maryland Bar Association to convene leading practitioners from the area to discuss the most significant legal developments in the state. The speakers will review important developments during 2000 and preview those developments likely to occur during 2001. Please join Marc Cohen (Ober, Kaler, Grimes & Shriver), Anthony Gorski (Schaller & Gorski, LLP), and John Griffith (Piper Marbury Rudnick & Wolfe LLP) for a discussion of significant developments in Maryland environmental law. Tim Henderson (Rich & Henderson, PC) will moderate this evening program.


red bar graphic  May 23, 2001, Compliance Assistance and Enforcement Directions in the Whitman EPA, New York, NY

ELI, in conjunction with the law firm of Kelley Drye & Warren LLP, is holding a breakfast seminar on key emerging environmental trends in the new EPA under the Bush Administration. This seminar will focus on what the regulated industry can expect to see from EPA under its new Administrator, Christie Whitman, the former governor of New Jersey. CLE credit will be provided.

TABLE OF CASES
large red bar graphic

red bar graphicFEDERAL  

LITIGATION
large red bar graphic

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

red bar graphic  ROADLESS AREA CONSERVATION RULE, NEPA, INJUNCTION:

A district court enjoined the U.S. Forest Service from implementing all aspects of the Roadless Area Conservation Rule, which prohibits the construction of roads on presently roadless areas in the national forests. The federal government has committed to amendments to its EIS for the roadless rule, and this commitment suggests that the requisite hard look was not taken when the EIS was originally prepared. Further, the government does not provide any explanation as to why the information to be obtained by virtue of the proposed amendments cannot be obtained prior to placing the rule into effect. In addition, those challenging the rule have shown that the roadless rule poses serious threats to the national forests and adjoining lands by restricting active management activities that have already been planned and by precluding Forest Service officials from considering certain management techniques in planning future management activities. Therefore, those challenging the rule have made the minimal showing of irreparable harm necessary to justify an injunction. State v. United States Forest Service, No. CV01-10-N-EJL (D. Idaho May 10, 2001) (Lodge, J.) (5 pp.).

red bar graphic  COMMERCE CLAUSE, SOLID WASTE, EQUAL PROTECTION, DUE PROCESS:

The Sixth Circuit affirmed a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county designated landfills that agreed to collect and remit to the county a fee for county waste disposed of at that landfill. The company disposed of most of its waste at an out-of-state landfill, and although that landfill was a designated facility, the county rescinded the designation the when the landfill refused to sign a designation agreement. The county, subsequently, adopted a resolution that designated eight landfills, one of which was out of state. The company then brought suit claiming that the county's designation rules violated the Commerce Clause and its equal protection and due process rights under the Fourteenth Amendment. However, the county's rules do not violate the Commerce Clause. The rules do not discriminate against interstate commerce on their face or in practical effect. The rules are not territorially based, and the company is not forbidden to dispose of its waste out of state. Likewise, the practical effect of any or all counties adopting the rules at issue does not strangle interstate commerce, and the rules do not deprive the company of a competitive advantage it gained by using the interstate market. What the company really challenges is its inability to dispose of waste in its favored landfill, but the county would have approved the landfill if it had signed the designation agreement. Moreover, the county's rules do not impose a burden on interstate commerce that is clearly excessive in relation to the putative local benefits. In addition, the county did not violate the company's equal protection rights by excluding it from the designation process. The county directed the designation process to all landfill facilities, and it is not the county's fault that the company, unlike its competitors, did not own its own landfill. Similarly, the county's adoption of its rules was not arbitrary and capricious and, thus, could not be said to violate the company's due process rights. Maharg, Inc. v. Van Wert Solid Waste Management District, No. 99-4035 (6th Cir. May 7, 2001) (11 pp.).

red bar graphic  ESA, FAIRY SHRIMP LISTING, JURISDICTION:

The D.C. Circuit affirmed a district court denial of summary judgment to a building industry association challenging the FWS' listing as endangered or threatened under the ESA four species of fairy shrimp that live in vernal pools in California. The district court granted summary judgment to the FWS on all claims except the association's claim that the FWS failed to designate the shrimps' critical habitat. The association appealed but it was dismissed for lack of jurisdiction because, with the habitat designation on remand, the district court decision was not final. After the association received an amended judgment striking from their original complaint the habitat designation claim, they again appealed the district court's grant of summary judgment. The dismissal of the habitat designation claim provided the D.C. Circuit with jurisdiction over the appeal. Although the original decision was not final, the dismissal of the only claim that survived that decision retroactively rendered the original decision final and appealable under the doctrine of cumulative finality. The FWS, however, did not violate the APA by failing to seek comment on a study, which was released after the listing proposal and during the comment period, that they relied heavily upon in listing the shrimp. A final rule that is a logical outgrowth of the proposal does not require additional notice and comment if the rule relies on data submitted during the comment period. The study provided additional support for the proposal, but it did not modify the proposal's hypothesis. Moreover, the FWS' measurement of shrimp populations solely in terms of groups of vernal pools called complexes did not violate the APA by failing to put the public on notice of the use of the complex methodology. The FWS' proposal discussed damage to the shrimp in terms of both individual pools and complexes, and, thus, the final rule's reliance solely on complexes was a logical outgrowth of the proposal. Last, the shrimps' listing is not invalid because the FWS failed to comply with its present peer review policy. The present policy came into force 22 months after the close of the comment period for the shrimp listing, and the listing did undergo peer review in accordance with the previous policy. Building Industry Ass'n v. Norton, No. 00-5143 (D.C. Cir. May 8, 2001) (7 pp.).

red bar graphic  ENERGY, NATURAL GAS PRICING, STANDING:

The D.C. Circuit held that a Northern California gas company lacked standing to challenge FERC's approval of a contract restructuring that provided for the transfer of the capacity to transport and sell gas from a middleman to a Canadian gas company's subsidiary. Under the restructuring, an entitlement to ship 244,000 million Btu per day of gas was transferred from the middleman to the subsidiary, and the subsidiary enjoyed the same low rate for shipping as the middleman. The California company claimed the subsidiary's lower rate provided it with a competitive advantage over the California company and that FERC should have calculated the rate under its capacity release program. However, the California company failed to allege an actual or imminent injury-in-fact sufficient to trigger standing. The California company only alleged that the subsidiary's enjoyment of a lower rate may injure the California company by enabling the subsidiary to sell gas in the Northern California market, thereby undercutting the California company's market. There is no claim that the subsidiary has yet attempted to sell any gas in Northern California. Further, under any of the possible outcomes that the court could order, the subsidiary will deliver gas to Oregon, a point several hundred miles away from the California company's market. Some of this gas may well find its way into the California company's market, but without more that is an inadequate basis for saying that FERC's decision will almost surely cause the California company to lose business. Therefore, the alleged injury is too speculative, and more is needed to move the injury from conjectural to imminent. DEK Energy Co. v. Federal Energy Regulatory Commission, No. 00-1020 (D.C. Cir. May 4, 2001) (5 pp.).

red bar graphic  FEDERAL AID IN SPORT FISH RECREATION ACT, RIGHT OF EQUAL ACCESS, AIRBOAT OPERATION:

The Eleventh Circuit held that the Federal Aid in Sport Fish Recreation Act and its regulations do not create a federal right of equal access for boats with common horsepower ratings and, therefore, a Florida city ordinance prohibiting the operation of airboats on the city's lakes does not violate such a right. A sportsman association claimed that its members have a federal right of equal access under 42 U.S.C. §1983 to the city's lakes regardless of the type of boat used. The association argued that a regulation under the Federal Aid in Sport Fish Recreation Act created the claimed right to equal access. The regulation at issue has two parts. First, it provides that 10% of all funds be allocated for recreational boating access facilities. Second, it states that facilities funded under the Act must accommodate power boats with common horsepower ratings. Although the regulation and the Federal Aid in Sport Fish Recreation Act may contemplate improvement of access generally for recreational boating, it does not create an equal access right because the regulation is too far removed from congressional intent to create this enforceable right. Nothing in the statute suggests a right based on equality or comparability. In fact, the regulation imposes new and distinct obligations not found in the statute itself and, thus, is too far removed from congressional intent to constitute a federal right enforceable under 42 U.S.C. §1983. Kissimmee River Valley Sportsman Ass'n v. City of Lakeland, No. 99-13951 (11th Cir. May 10, 2001) (8 pp.).

red bar graphic  NATIVE AMERICAN LANDS, INDIAN GAMING REGULATION ACT (IGRA), PRELIMINARY INJUNCTION:

The Tenth Circuit affirmed a district court injunction staying action on the National Indian Gaming Commission's (NIGC's) decision that a tract of non-reservation land in Kansas, under lease to the Miami Tribe of Oklahoma, constitutes Indian lands subject to the IGRA. In 1995, the tribe sought NIGC approval under the IGRA of a proposed gaming contract between the tribe and a corporation. The NIGC did not approve the plan because the land proposed for gaming did not constitute "Indian lands." Subsequently, the tribe removed its blood quantum requirement, adopted the owners of the leased tract into the tribe, and assumed jurisdiction over the land. Soon after, the tribe reapplied for NIGC approval of the gaming plan, but the NIGC again determined that the lands were not Indian lands. The tribe appealed, and a district court held that the NIGC failed to provide a reasoned explanation why the tribe did not have jurisdiction over the lands. Thus, the matter was remanded to the NIGC, and the NIGC approved the gaming plan after determining that the lands constituted Indian lands. After the tribe sought to negotiate IGRA Class III casino gambling with the state of Kansas, the state sought relief from the NIGC's decision that the lands constituted Indian lands. A district court properly granted the state a preliminary injunction. Considering the presence of three casinos currently operating in Kansas, the public will not be adversely affected by the preliminary injunction. Likewise, the state stands to suffer irreparable harm if deprived of its sovereign interests over the lands at issue.  Moreover, this threatened injury to the state outweighs any harm to the tribe and the corporation in delaying the casino's construction. Also, the state has established a likelihood of success on the merits of its claim to set aside the NIGC's decision. In its decision determining that the lands at issue were Indian lands, the NIGC failed to thoroughly analyze whether the tribe had jurisdiction over the lands. Such an inquiry focuses on congressional intent, and Congress abrogated the tribe's jurisdiction over lands in Kansas in 1924. In addition, the district court had jurisdiction to issue the injunction, the Quiet Title Act does not limit review of the NIGC's decision, and the tribe is not a necessary and indispensable party to the state's suit. Kansas v. United States, Nos. 00-3057 et al. (10th Cir. May 4, 2001) (14 pp.).

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

THE FEDERAL AGENCIES
large red bar graphic

Note: Citations below are to the Federal Register.

red bar graphic  AIR:



  • EPA approved South Carolina's CAA §§111(d)/129 plan to implement and enforce the emissions guidelines for existing hospital/medical/infectious waste incinerator units. 66 FR 22927 (5/7/01). 

  • EPA approved New York's supplementary submittal for meeting the Agency's conditional approval of the New York state plan for regulating existing municipal solid waste landfills. 66 FR 23851 (5/10/01).

  • EPA proposed to find that the Baton Rouge, La., serious ozone nonattainment area has failed to attain the one-hour ozone NAAQS standard by November 15, 1999, the date set forth in the CAA for serious nonattainment areas; however, the area may be eligible for an attainment date extension under EPA's Guidance on Extension of Attainment Dates for Downwind Transport Areas.66 FR 23646 (5/9/01).

  • EPA proposed to redesignate the Denver-Boulder metropolitan "transitional" ozone nonattainment area to attainment for the one-hour ozone NAAQS. 66 FR 24075 (5/11/01).

  • EPA withdrew the final rule published on March 20, 2001, promulgating full approval of operating permit programs submitted by Tennessee and the Memphis-Shelby County Health Department. 66 FR 24061 (5/11/01). 

red bar graphic  DRINKING WATER:



  • EPA proposed to determine that additional federal underground injection control regulations are not needed at this time for all categories of Class V injection wells not included in the final rulemaking on Class V motor vehicle waste disposal wells and large-capactiy cesspools (64 Fed. Reg. 68546, December 7, 1999). 66 FR 22971 (5/7/01). 

red bar graphic  HAZARDOUS WASTE:



  • EPA entered into a proposed administrative agreement under CERCLA §122(i)(1) in connection with the Marina Cliffs/Northwestern Barrel hazardous waste site in South Milwaukee, Wis. 66 FR 23924 (5/10/01). 

  • EPA entered into a proposed de minimis settlement under CERCLA §122(g)(4) in connection with the Petroleum Products Superfund site in Georgia. 66 FR 23925 (5/10/01).

  • EPA proposed to grant a petition to exclude from the lists of hazardous wastes certain solid wastes generated by Tenneco Automotive, Inc., at its Paragould, Ark., facility. 66 FR 24085 (5/11/01).

red bar graphic  NUCLEAR WASTE:



  • DOE announced the availability of the Yucca Mountain Science and Engineering Report, which provides the public with a summary of the information and data collected to date by the DOE in its multiyear study and characterization of the Yucca Mountain site as a potential spent nuclear fuel and high-level waste repository. 66 FR 23013 (5/7/01). 

red bar graphic  PROJECT XL:



  • EPA issued a final rule to facilitate the implementation of a Project XL program that will provide site-specific regulatory flexibility under RCRA for the Autolive ASP, Inc., facility in Promontory, Utah. 66 FR 23617 (5/9/01). 

  • EPA proposed a site-specific rule to implement a project under the Project XL program that will provide regulatory flexibility under RCRA for the Yolo County Landfill in Yolo County, Cal. 66 FR 23652 (5/9/01).

red bar graphic  RIGHT-TO-KNOW:



  • EPA granted a petition to delete chromite ore mined in the Transvaal Region of South Africa and the unreacted ore component of the chromite ore processing residue from the reporting requirements of EPCRA §313 and Pollution Prevention Act §6607. 66 FR 24066 (5/11/01).

red bar graphic  SMCRA PROGRAM APPROVALS:


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

THE CONGRESS
large red bar graphic

red bar graphicCHAMBER ACTION



  • S. 700 (agriculture; mad cow disease), which would establish a federal interagency task force for the purpose of coordinating actions to prevent the outbreak of bovine spongiform encephalopathy (commonly known as mad cow disease) and foot-and-mouth disease in the United States, was passed by the House, clearing the measure for the President. 147 Cong. Rec. H2051 (daily ed. May 9, 2001).

  • H.R. 581 (wildfire management), which would authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, was passed by the House. 147 Cong. Rec. H2053 (daily ed. May 9, 2001). The bill would also reimburse the FWS and the National Marine Fisheries Service to facilitate the interagency cooperation required under the ESA in connection with wildland fire management. 

red bar graphicCOMMITTEE ACTION



  • S. 206 (Public Utility Holding Act; electric utilities) was reported by the Senate Committee on Banking, Housing, and Urban Affairs. S. Rep. No. 15, 147 Cong. Rec. S4589 (daily ed. May 9, 2001). The bill would repeal the Public Utility Holding Company Act of 1935, to enact the Public Utility Holding Company Act of 2001.

red bar graphic  BILLS INTRODUCED



  • S. 834 (Murkowski, R-Alaska) (nuclear facilities) would provide duty-free treatment for certain steam or other vapor generating boilers used in nuclear facilities. 147 Cong. Rec. S4400 (daily ed. May 4, 2001). The bill was referred to the Committee on Finance. 

  • S. 835 (Levin, R-Mich.) (Detroit River International Wildlife Refuge) would establish the Detroit River International Wildlife Refuge in Michigan. 147 Cong. Rec. S4400 (daily ed. May 4, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 845 (Crapo, R-Idaho) (renewable energy) would amend the Internal Revenue Code of 1986 to include agricultural and animal waste sources as a renewable energy resource. 147 Cong. Rec. S4508 (daily ed. May 8, 2001). The bill was referred to the Committee on Finance.

  • S. 855 (Boxer, D-Cal.) (toxic substances and pollutants) would protect children and other vulnerable subpopulations from exposure to environmental pollutants. 147 Cong. Rec. S4590 (daily ed. May 9, 2001). The bill would also protect children from exposure to pesticides in schools, and would provide parents with information concerning toxic chemicals that pose risks to children. The bill was referred to the Committee on Environment and Public Works. 

  • H.R. 1750 (Dingell, D-Mich.) (CWA) would amend the CWA to authorize funding for the state water pollution control revolving fund program for fiscal year 2002 through 2006. 147 Cong. Rec. H2021 (daily ed. May 8, 2001). The bill was referred to the Committee on Transportation and Infrastructure. 

  • H.R. 1751 (Dingell, D-Mich.) (CWA) would amend the CWA to authorize appropriations for fiscal years 2002 through 2006 for the municipal construction grant program. 147 Cong. Rec. H2021 (daily ed. May 8, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 1772 (Cannon, R-Utah) (land exchange) would provide for an exchange of certain property between the United States and Ephraim City, Utah. 147 Cong. Rec. H2081 (daily ed. May 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1776 (Green, D-Tex.) (Buffalo Bayou National Heritage Area) would authorize the Secretary of the Interior to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas. 147 Cong. Rec. H2081 (daily ed. May 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1781 (Lofgren, D-Cal.) (energy; fusion) would require the Secretary of Energy to develop a plan for a magnetic fusion burning plasma experiment for the purpose of accelerating the scientific understanding and development of fusion as a long-term energy source. 147 Cong. Rec. H2081 (daily ed. May 9, 2001). The bill was referred to the Committee on Science.

  • H.R. 1790 (Smith, R-Mich.) (agriculture) would reauthorize the tree loss assistance program to compensate orchardists and tree farmers who plant trees for commercial purposes but lose the trees as a result of a natural disaster. 147 Cong. Rec. H2082 (daily ed. May 9, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 1791 (Traficant, D-Ohio) (Millennium Cultural Cooperative Park) would provide a grant under the Land and Water Conservation Fund Act of 1965 to assist in the development of a Millennium Cultural Cooperative Park in Youngstown, Ohio. 147 Cong. Rec. H2082 (daily ed. May 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1800 (Kind, D-Wis.) (Mississippi River) would establish the Upper Mississippi River Stewardship Initiative to monitor and reduce sediment and nutrient loss in the Upper Mississippi River. 147 Cong. Rec. H2140 (daily ed. May 10, 2001). The bill was referred to the Committees on Agriculture, and Resources.

  • H.R. 1814 (Olver, D-Mass.) (national trails) would amend the National Trails System Act to designate the Metacomet-Monadnock-Sunapee-Mattabesett Trail extending through western New Hampshire, western Massachusetts, and central Connecticut for study for potential addition to the National Trails System. 147 Cong. Rec. H2141 (daily ed. May 10, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1815 (Olver, D-Mass.) (fuel efficiency) would amend title 49, United States Code, to require phased increases in the fuel efficiency standards applicable to light trucks. 147 Cong. Rec. H2141 (daily ed. May 10, 2001). The bill would also require fuel economy standards for automobiles up to 10,000 pounds gross vehicle weight and would raise the fuel economy of the Federal fleet of vehicles. The bill was referred to the Committees on Energy and Commerce, and Government Reform.

  • H.R. 1823 (Udall, D-N.M.) (land claims) would establish a Presidential commission to determine and evaluate the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848 involving the descendants of persons who were Mexican citizens at the time of the Treaty. 147 Cong. Rec. H2142 (daily ed. May 10, 2001). The bill was referred to the Committee on Resources. 

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

IN THE STATES
large red bar graphic


red bar graphicALABAMA


Dept. of Envtl. Management


Fish Tissue Monitoring Program Results



  • Results from the Fiscal Year 2001 fish tissue monitoring program reveal that most fish sampled from river basins targeted for sampling last fall do not have elevated levels of contaminants, according to ADEM. However, polychlorinated biphenyl (PCB) levels in a composite sample of striped bass from upper Lay Reservoir and a composite sample of channel catfish from upper Neely Henry Reservoir were above U.S. Food and Drug Administration guideline levels. No, or very little, bioaccumulation of pollutants was detected in bass and catfish from Claiborne, Dannelly, and Jones Bluff Reservoirs within the Alabama River basin. Similar results were recorded in fish from Guntersville Reservoir in the Tennessee River basin; Harris, Martin, Yates, and Thurlow Reservoirs in the Tallapoosa River basin; and Weiss Reservoir in the Coosa River basin. See http://www.adem.state.al.us/EduInfo/PressReleases/4fish01.htm

Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphicALASKA


Legislature


Special Session Called to Address Cruise Ship Environmental Standards



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 graphicARIZONA


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 graphicARKANSAS


Dept. of Environmental Quality


Permit Application




  • DEQ proposes to issue a hazardous waste management permit modification to Weyerhaeuser Company; De Queen Treating Plant, De Queen. The proposed permit modification pertains to the final RCRA post-closure Permit 25H (effective on Feb. 23, 1995). Comments due June 11. 


Proposed Consent Orders, Penalty Assessments




  • Comments due June 10. APAC-Arkansas, Inc., Fayetteville Air Division, $500 penalty; City of Dermott (Amendment to CAO No. 3), Dermott Water/NPDES Division, no penalty; City of Plummerville, Plummerville Water Division, no penalty; City of Wabbaseka, Wabbaseka NPDES/Water Division, $750 penalty; Cook Communications Ministries (CCM Properties), Siloam Springs Hazardous Waste Division, no penalty; General Dynamic OTS (Hietech), Inc. (Amendment to CAO), East Camden Hazardous Waste Division, no penalty; General Dynamic OTS (Hietech), Inc. (Amendment to CAO), East Camden Hazardous Waste Division, no penalty; James William Land, Jr., Little Rock Air/Solid Waste Division, $12,000 penalty; Mueller Copper Tube Products, Inc., Wynne Air Division, no penalty; Osceola Waste to Energy Facility, Osceola Air Division, no penalty; Jimmy A. Patton Contractor, Inc. (Amendment No. 1 to CAO), Little Rock Air Division, no penalty; Ray Stain, Cleburne County NPDES/Water Division, $3,000 penalty; Runyan Sanitary Sewer Improvement #211, Pulaski County NPDES/Water Division, $2000 penalty;  Sonny Woods, Marshall Asbestos Section, $600 penalty; Village Square Shopping Center, Garland County NPDES/Water Division, $1000 penalty; Vlasic Foods International, Fayetteville Air Division, no penalty; Arkansas State Police Troop F Headquarters, Warren Regulated Storage Tank Division, $500 penalty;  Arkansas State Police Troop L Headquarters, Springdale Regulated Storage Tank Division. $500 penalty; Jerry White/Radford Equipment Company, Little Rock Regulated Storage Tank Division, $2500 penalty; Coastal Unilube, Inc., West Memphis Air Division, no penalty.

red bar graphicCALIFORNIA


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



May 17 Board Meeting Agenda



Dept. of Toxic Substances Control


Draft Public Participation Policy Manual



Public Notices



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. 

Final 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


May 17 Board Meeting Agenda



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



Proposed Regulations-Procedures for Selecting Private Architectural, Landscape Architectural, Engineering,
Environmental, Land Surveying, or Construction Project Management Firms



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 Regulation-Proposed Amended Rule (PAR) 1122–Solvent Degreasers



  • SCAQMD Rule 1122–Solvent Degreasers, currently establishes VOC emission reduction requirements for batch-loaded cold cleaners, open-top vapor degreasers, all types of conveyorized degreasers, and air-tight and airless cleaning systems that carry out solvent degreasing operations with a solvent containing VOCs. Solvent degreasing operations that are regulated by this rule include, but not limited to, the removal of contaminants from parts, products, tools, machinery, and equipment.

    The proposed amendments to Rule 1122 are summarized as follows:

1. Modify rule applicability to include NESHAP halogenated solvent cleaners (methylene chloride, carbon tetrachloride, chloroform, perchloroethylene, trichloroethylene, and 1,1,1-trichloroethane)
2. Require the use of airless or air-tight cleaning system for NESHAP halogenated solvents and VOC open-top vapor degreasing operations by July 2003; 
3. Lower the material VOC limit for cold cleaners from 50 grams/liter to 25 grams/liter by 2005; 
4. Delete obsolete rule requirements; 
5. Clarify rule exemption criteria; and 
6. Add exemption for film cleaning and printing equipment that use perchloroethylene to process motion picture films. Workshop May 30. See http://www.aqmd.gov/pub_edu/notice_r1122.html 


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

red bar graphicCOLORADO


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


red bar graphicCONNECTICUT


Dept. of Envtl. Protection


Environmental Compliance History Policy



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



Permit Hearings-Calendar


red bar graphicDELAWARE


Dept. of Nat. Resources and Envtl. Control


Proposed Regulations-On-Site Wastewater Treatment and Disposal Systems



Notices of Violation



Regulatory Update/Public Notices


red bar graphicFLORIDA


Dept. of Environmental Protection


Final Regulations-Water Quality



DEP Project Director to Receive National Wetlands Award



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.

Florida, Georgia, Alabama Resume ACF Negotiations



  • Advisors for Florida, Georgia, and Alabama have concluded mediation aimed at finding a consensus for a water allocation formula for the Apalachicola-Chattahoochee-Flint Rivers. The mediation was concluded by the mutual agreement of the states, and Florida began scheduling its stakeholder meetings. See http://www.dep.state.fl.us/comm/releases/2001/01-097.htm

DEP Begins Ozone Forecasting in Pensacola Area



Proposed Regulations-Water Quality



  • Proposed rule is intended to help ensure consistent implementation of the Department’s lead/chief operator staffing requirements for domestic wastewater treatment plants and for drinking water treatment plants. The proposed rule would require an operator whose license meets the lead operator classification level of the plant to be available during all periods of plant operation. "Available" would be defined to mean "able to be contacted as needed to initiate the appropriate action in a timely manner." Further, it would clarify the requirement that the lead operator be on duty for one full shift each duty day by eliminating the requirement and instead requiring the lead operator to be employed at the plant full time. "Full time" would be defined to mean "at least 4 days per week, working a minimum of 35 hours per week, including leave time." The proposed rule would allow the lead operator to supervise the operation of multiple plants connected to a single distribution or collection system when such plants are under an electronic surveillance and control system upon receiving written approval from the Department.  The lead/chief operator’s time shall be allocated, and the shift time may be equally divided between or among the two plants based upon the size and complexity of the plants and the availability of electronic surveillance and control for the plants. Hearing, if timely requested, will be June 7. 

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.

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 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 was 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 was 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 was 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 was 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 graphicGEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Proposed Regulations-Drinking Water Quality



  • Proposed revisions to Rules for Safe Drinking Water, Ch. 391-3-5 and Rules and Regulations for Water Quality Control, Ch. 391-3-6. Public hearing was May 2. See http://www.ganet.org/dnr/environ/

Proposed Regulations-Air Quality



  • Amendments to Rules for Air Quality Control, Chapter 391-3-1; Amendments to Georgia's Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20; Amendments to the Procedures for Testing and Monitoring Sources of Air Pollutants; Procedures for Calculating Air Permit Fees for Calendar Year 2000 ("Permit Fee Manual"). Public hearing June 6; comments due same date. Will be presented to Board June 27 for approval. See http://www.ganet.org/dnr/environ/

Air Permit Applications


red bar graphicHAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphicIDAHO


Dept. of Envtl. Quality


Outstanding Resource Waters-Petitions



Pending Permit Applications



Fuel Spills Workshop



Sediment Control/Wetlands Technology Workshops


red bar graphicILLINOIS


Pollution Control Board


Proposed Regulations




  • PCB is considering a proposal by IEPA to update and clarify rules and to make some substantive changes to the Site Remediation Program (SRP). Hearings have been held concerning In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code 740 (R01-27). The Board is also considering a proposal submitted by Citizens for a Better Environment (R01-29), which has been consolidated with R01-027. In R01-27 there are two proposed substantive changes to the Site Remediation Program. The first is establishment of "soil management zones" (SMZs) that would be used for on-site placement of contaminated soils for structural fill or land reclamation, consolidation of contaminated soils within the remediation site, and removal and re-deposit of contaminated soils following on-site treatment. The second change would require that chemical analyses of soil and groundwater samples be performed by accredited laboratories. In R01-29 the Citizens for a Better Environment are calling for additional public hearing, recordkeeping, and reporting requirements on all Site Remediation Program sites intended to be used as schools. The original proposal would have applied to all SRP sites intended to be used as a school, playground, or public park; however, it was amended following questions at the first public hearing. The Board tentatively plans to move these rulemakings to first notice in the coming months. See http://www.ipcb.state.il.us/RULES/R01-027/HearingRecords.htm and http://www.ipcb.state.il.us/RULES/R01-029/HearingRecords.htm.  



  • 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 Hearings June 7, 2001, in Springfield; and June 20, 2001, in Chicago. As that order provided, the deadlines for the Clerk of the Board (Clerk) to receive prefiled testimony are as follows: May 23, 2001, for persons who wish to testify at the Springfield hearing; and June 13, 2001, for persons who wish to testify at the Chicago hearing. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-13884/html



  • 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



April 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 


red bar graphic  INDIANA


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, 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 graphicIOWA


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 graphicKANSAS


Department of Health & Environment, Division of Environment


KDHE "Kansas Environmental News"


red bar graphicKENTUCKY


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




  • 401 KAR 5:074. The proposal concerns KPDES permit conditions for beef, dairy, poultry, and swine concentrated animal feeding operations. Hearing May 22. See http://water.nr.state.ky.us/dow/5-074E_NOI.pdf and http://water.nr.state.ky.us/dow/hrgnots.htm; see generally http://water.nr.state.ky.us/dow/cafo.htm. A new emergency regulation, 401 KAR 5:074E, became effective on March 23, 2001, taking the place of 401 KAR 5:072 which expired at the close of the legislative session on March 23, 2001. A public hearing to receive comments on a proposed regulation, 401 KAR 5:074, has been scheduled for 6:30 p.m. CT on May 22 in the Byrnes Auditorium, Madisonville Community College. The Division of Water has issued the final KPDES CAFO General Permits effective 10/13/00. These general permits will be issued to selected swine, poultry, beef and dairy CAFO operations after application to the Division. All operations between 1,000 and 1,500 animal units are required to be permitted and are eligible for coverage under a KPDES CAFO General Permit with some exceptions.


Permit Applications  


red bar graphicLOUISIANA


Dept. of Envtl. Quality


Permit Applications



2001-2002 Litter Abatement Grant Applications



DEQ Environmental Update


red bar graphicMAINE


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • The Department is proposing to amend Chapters 100, 115, and 140 of the Department's regulations to address remaining requirements for federal approval of Maine's Title V Operating Permit Program. These changes include enhancing EPA and public participation review process for minor license revisions, incorporating provisions in Chapter 140 whereby a facility may make changes with a simple 7-day advance notice if the changes do not result in an increase in emissions, removing certain activities from the list of insignificant (exempt) activities contained in Appendix B to Chapter 115 and Chapter 140, incorporating the latest federal air quality modeling requirements, and amending the Chapter 100 definitions to include definitions consistent with federal requirements for the construction or reconstruction of hazardous air pollutant sources and maximum available control technology determinations. The proposed amendments will also establish provisions in Chapter 115 and Chapter 140 requiring an applicant to notify any affected federal land manager and Indian governing body of all major modifications or new major source license applications and provide at least 30 days for comment. Public hearing June 7; comments due June 18. See http://www.state.me.us/sos/cec/rcn/apa/notices/051601.htm 



  • Another proposal would require 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


Proposed Regulations-No Adverse Environmental Effect Standard of the Site Location Law




  • To ensure consistency between regulatory programs, the proposed rule eliminates the discrepancies between
    gravel pit performance standards. Specifically, the rule repeals the gravel pit buffer standards required under the Site Location Law and replaces them with the buffer standards contained in the Performance Standards for Excavations, 38 MRSA §490-D. Public hearing June 7; comments due June 28. See http://www.state.me.us/sos/cec/rcn/apa/notices/051601.htm

red bar graphicMARYLAND


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 graphicMASSACHUSETTS


Dept. of Envtl. Protection


Northern Blackstone Lakes Draft TMDL



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


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

Permitting Calendar  



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphicMINNESOTA


Legislature


Prohibition on Sale and Distribution of Mercury-Containing Thermometers Enacted



Pollution Control Agency


Unlined Manure Storage Systems-New Report



Permit Applications, Other Notices



Animal Feedlot/Storage Area Registration Update


red bar graphic  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Water Quality




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



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


Final Regulations-Air Quality




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


Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphicMONTANA


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



Public Comment Notices


red bar graphicNEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphicNEVADA


Division of Envtl. Protection/Environmental Commission


Proposed Regulations-Groundwater




  • Commission considered, 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 was 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 was 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 was 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 was 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 graphicNEW HAMPSHIRE


Dept. of Envtl. Services


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 graphicNEW JERSEY


Dept. of Envtl. Protection


Current DEP Bulletin (Permit Applications; Proposed Regulations) 


red bar graphicNEW MEXICO


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal


red bar graphicNEW YORK


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.

Dept. of Envtl. Conservation


Emergency Regulations-Air Quality



  • Amendments to the following parts and subparts of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York: Part 200, General Provisions, Part 201, Permits and Registration, Subpart 225-1, Fuel Composition and Use- Sulfur Limitations and Subpart 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx). The New York State Public Service Commission, the New York State Energy Research and Development Authority, the New York Independent System Operator (the NYISO), and the New York State Reliability Council, have expressed deep concern about the ability of the electricity generation, transmission, and distribution system (the electric grid) in New York State to accommodate increasing loads without additional generation. These parties, all of whom share some responsibility for assuring the reliability of the electric grid in New York, are concerned that, during the summertime peak electricity demand periods, existing generation capacity in New York may be insufficient and power outages may occur. This potential supply shortfall is expected to disappear when the first new central electricity generating plants, currently being sited pursuant to the Public Service Law Article X process, begin operating. This should happen prior to the summer of 2003.

    In response to the above-described concerns, the NYISO developed an Emergency Demand Response Program (EDRP) for the 2001 and 2002 peak demand periods. The EDRP is meant to encourage certain electricity customers to reduce electrical demand during emergency situations to help assure that demand will not outstrip supply and the need for load shedding (rolling blackouts) will not arise. Much of this demand reduction potential will come from the availability of emergency generation capacity. Currently, the Department’s regulations only allow emergency generators to operate when the usual source of power is actually interrupted rather than when interruption is imminent. A regulatory change is needed to permit the use of these emergency generators before the power supply is interrupted.

    These amendments will permit emergency generators that are part of the EDRP to operate for up to 200 hours per year when called on by the NYISO in situations where load shedding is imminent. The emergency generators that take part in the EDRP will be defined as "centrally dispatched emergency power generating units" and the emergency generators that may be used when the primary source of power is actually unavailable will be defined as "facility specific emergency power units.""Centrally dispatched emergency power generating units" must refuel with fuel having a sulfur content of no more than 30 parts per million sulfur unless deemed unavailable by the President of NYSERDA. These units, "centrally dispatched emergency power generating units" and "facility specific emergency power generating units," will retain their exemption from the NOx RACT requirements of Subpart 227-2 provided they operate within the parameters of their Part 201 exemptions.

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 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.

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


Proposed Regulations-Air Quality



  • Adoption, amendments, and repeal of rules on emissions of nitrogen oxides to implement new federal state implementation plan requirements for emissions of nitrogen oxides. Proposal will address the appropriateness and interpretation of the requirement for using continuous emission monitors that meet the specifications of 40 C.F.R. pt. 75 for all sources covered under the NOx SIP call. Hearings May 21 and June 5. See http://daq.state.nc.us/Calendar/Planning/publicnotice.pdf and http://daq.state.nc.us/Rules/Hearing/

Division of Air Quality Permit Applications, Hearings



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


OPEA Actions, Notices by County



Public Meetings



Pending Air Permits


red bar graphicOKLAHOMA


Dept. of Envtl. Quality


Draft Source Water Assessment and Protection Program Document


red bar graphicOREGON


Dept. of Envtl. Quality


DEQ Levies Penalties Totaling $158,693 During April



Proposed Regulations-Air Quality



  • General Air Contaminant Discharge Permits (ACDP) for 18 air pollution source categories. The rule amendments would allow a facility that currently has an individual ACDP to be assigned to a General ACDP, if the facility meets the criteria. Each general permit will include the relevant requirements for the source category. These requirements include Plant Site Emission Limits for individual pollutants, and associated testing, monitoring, recordkeeping, and reporting requirements. DEQ would issue each general permit for 10 years. Most individual ACDPs must be renewed every five years. More than 50% of the facilities that currently have ACDPs are eligible for assignment to general permits. The proposed general permits will also allow regulated facilities to have more flexibility in their operations while maintaining compliance with state regulations. The 18 source categories are:

    Hard chrome platers 
    Decorative chrome platers 
    Degreasers–batch cold 
    Degreasers–batch vapor and in-line 
    Degreasers-all 
    Dry cleaners that have not been submitting required reports 
    Asphalt plants 
    Rock crushers, 25,000 or more tons per year 
    Ready-mix/concrete plants 
    Sawmills/millwork, 25,000 board feet or more per 8-hour shift 
    Boilers: Oil fired 10 or more million and natural gas fired 30 or more million Btu per hour heat input boilers 
    Crematories 
    Grain elevators, 10,000 or more tons per year 
    Prepared feeds/cereal/flour, 10,000 or more tons per year 
    Seed cleaning, 5,000 tons or more per year 
    Coffee roasters, 30 or more tons per year 
    Bulk Gasoline Plants 
    Electric Power Generators

Workshops May 21-24. See http://www.deq.state.or.us/aq/ and http://www.deq.state.or.us/news/releases/203.htm


Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphicPENNSYLVANIA


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



Coastal Zone Management Program; Minor Changes


red bar graphicRHODE ISLAND


Dept. of Envtl. Management


Proposed Regulations-Wetlands Management



Local Open Space and Public Recreation Development Grants



  • Public meeting May 31 at DEM headquarters.  

Upcoming Events


red bar graphicSOUTH 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

  • Comments due May 29, hearing June 14. R.61-62.99, Nitrogen Oxides (NOx) Budget Program Requirements for Stationary Sources not in the Trading Program and the South Carolina State Implementation Plan. See http://www.scdhec.net/eqc/


  • Amended Regulation 61-62, Air Pollution Control Regulations and Standards. Comments due May 28. Revisions intended to adopt U.S. EPA final rules for new and existing commercial and industrial solid waste incineration (CISWI) units and small municipal waste combustion (MWC) units.


    DHEC proposes to amend Regulation 61-62.5, Standard Number 3, Waste Combustion and Reduction. The purpose of this notice is to extend the drafting period previously established by the July 28, 2000, drafting notice published in Volume 24, Issue 7 of the State Register. Comments due May 28. On June 25, 1999, a revision to Regulation 61-62.5, Standard 3, Waste Combustion and Reduction, was published in the State Register (Document Number 2352). DHEC undertook this revision for the purpose of clarifying portions of the regulation, not to add new requirements or make the regulation any more stringent. However, as the regulation was in the final steps of being promulgated, several industry groups brought forward concerns about the interpretation of certain aspects of the regulation. Specifically, when the emission limitations for industrial and utility boilers were converted from lb/1000 gallons of liquid waste or waste fuel being burned to lb/106 BTU total heat input, some facilities that burned coal in addition to waste fuel found that the metals inherent to coal would possibly preclude them from meeting the emission limitations if the unit also combusted waste. To resolve this issue, DHEC published a Notice of General Public Interest in the State Register on June 25, 1999. The notice established three options for determining emission limitations for industrial and utility boilers that burn coal and waste and stated that these options would be available to facilities until such time as DHEC  revised the regulation. DHEC proposes to revise Regulation 61-62.5, Standard 3, Waste Combustion and Reduction, to review the emission limitations stated above. In addition, DHEC intends to review the exemption provided for total reduced sulfur control devices that burn other waste fuels and may consider other amendments as determined to be necessary.


Proposed Regulations-Drinking Water



    DHEC proposes to amend R.61-58, State Primary Drinking Water Regulations. Comments due June 1. DHEC proposes to revise the regulations to add requirements for distribution system certified operators for all community and non-community, non-transient water systems. In addition, DHEC proposes to revise the regulations to eliminate requirements that no longer apply, add design requirements to address new drinking water treatment technologies, address design and operational issues associated with pumping drinking water into aquifers for storage and recovery and clarify existing requirements where necessary. These revisions may include rearranging and renumbering the regulations to improve overall readability and organization. The proposed revisions will require legislative review.


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

    Proposed amendment to Regulation 61-69, Classified Waters. Comments due May 28. DHEC is considering reclassifying the waters of Hunting Island State Park, from Class Shellfish Harvesting Areas (SFH) to Class Outstanding Resource Waters (ORW) to protect recreational and ecological resources. These waters are located in Beaufort County. The amendment requires legislative review.



  • DHEC proposes to amend R.61-56, Individual Waste Disposal Systems. A Notice of Drafting was previously published in the State Register on May 23, 1997. Comments due May 28. This regulation establishes procedures and criteria for evaluation of sites, issuance of permits, and the installation of individual waste disposal systems.


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

  • 30 TAC Chapter 106: Permits by Rule Revision. Revision of Title 30 Texas Administrative Code (TAC) Chapter 106 to ensure consistency with the 30 TAC Chapter 101 upset/mainenance rules and to make minor changes to clarify the rule. Also, inclusion of a general recordkeeping requirements for permits by rule to express concerns addressed by U.S. EPA. Minor changes to sections 106.181, 106.332, and 106.454 that clarify rule applicability and correct typos. Sections 106.263 and 106.335 will be revised to account for facilities and or activities covered under sections 101.6 and 101.7 (upset/maintenance). Additionally, a new section will be added to the rule that provides general recordkeeping requirements for permits by rule. (Amendments to §§106.181, 106.232, 106.332, 106.355, 106.454). Public hearing May 29. See http://www.tnrcc.state.tx.us/oprd/hearings/ph00051.pdf. Comments due June 4. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00051.pdf

Proposed Regulations-Water Quality



Proposed Regulations-Quad Review of 317-Design Criteria for Sewage Systems



Proposed Regulations-Quadrennial Review of Ch. 332, Composting



Proposed Regulations-Petroleum Storage Tanks



Draft Guidance Documents



Permit Hearings



Public Hearings/Proposed Rules



East Austin Tank Farm Proposed Penalties



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 graphicVERMONT


Dept. of Envtl. Conservation


Permit Applications


red bar graphicVIRGINIA


Dept. of Envtl. Quality


Revised Landfill Closure Schedule (H.B. 1205-Affected Facilities 



Proposed Regulations-Solid Waste



Proposed Regulations-Water Quality



Draft Interim Nutrient Cap Strategy for the Shenandoah and Potomac River Basins



Draft TMDLs



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Legislature


Prohibition on Methyl Tertiary Butyl Ether (MTBE) Fuel Additive



Renewable Energy Source/Air Pollution Control Equipment Tax Credit 



Sales/Use Tax Credit for Solar, Wind-Powered Generation Facilities



Dept. of Ecology


Emergency Regulation



Final Regulations


red bar graphicWEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphicWISCONSIN


Legislature


Isolated Wetlands Protection Legislation Enacted



Dept. of Natural Resources


Strategic Plan for Wisconsin Lakes Partnership



Air Rules Development



Public Hearing and Meeting Schedule



  • Authorization for hearing on revision of Chapter NR 809, Wis. Adm. Code, pertaining to establishing drinking water standards for radionuclides. Before Board at its May 22-23 meeting.

  • Adoption of Order RR-31-00–revision of Chapters NR 716, 726, 749, 811 and 812, Wis. Adm. Code, pertaining to replacing requirements for recording of groundwater use restrictions for properties granted closure with exceedances of Chapter NR 140 groundwater enforcement standards with a requirement for listing on the GIS Registry of Closed Remediation Sites. Before Board at its May 22-23 meeting. See http://www.dnr.state.wi.us/org/nrboard/agenda/05.pdf

  • Available at http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html


red bar graphicWYOMING


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 graphicGENERAL



  • More than 500,000 tons of old and unused pesticides that have been banned or expired are seriously threatening the health of millions of people and the environment in nearly all developing countries and countries in transition, the U.N. Food and Agriculture Organization (FAO) warned in a report issued today  The figures are dramatically higher than previous estimates of around 100,000 tons. "The lethal legacy of obsolete pesticides is alarming and urgent action is needed to clean up waste dumps," said Alemayehu Wodageneh, FAO expert on obsolete pesticides. "These 'forgotten' stocks are not only a hazard to people's health but they also contaminate natural resources like water and soil. Leaking pesticides can poison a very large area, making it unfit for crop production." The pesticide waste has accumulated over more than 30 years and products are being added continuously, FAO said. The waste sites contain some of the most dangerous insecticides like the Persistent Organic Pollutants (POPs) aldrin, chlordane, DDT, dieldrin, endrin and heptachlor that have been banned in most countries, and organophosphates. As pesticides deteriorate, they form byproduct that may be more toxic than the original substance. In addition to pesticides, waste sites contain contaminated sprayers, empty pesticide containers, and huge quantities of heavily polluted soil. Many stocks are situated near farm fields and wells in poor rural areas, as well as near houses, food stores, and markets in urban areas. The dumps are often abandoned, unmanaged and in very poor condition, FAO said. In many cases pesticides are left in the open; stores are built in a traditional way, using mud and straw, with earth floors; metal containers are corroding; and toxic substances are leaking into the ground. See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0128.htm 

  • Urgent measures are needed to protect the vast hidden treasures of the deep seas from over-exploitation, according to a report by WWF, the conservation organization, and IUCN, the World Conservation Union. The report, The Status of Natural Resources on the High Seas, says that the deep sea, and the creatures that live within it, are threatened by unregulated fishing and oil exploration, CO2 dumping, biotechnology, and the exploitation of gas hydrates and hydrothermal vent heat. See http://www.panda.org/news/press/news.cfm?id=2321

  • A IUCN report says that invasive species are destroying ecosystems worldwide and inflicting billions of dollars' worth of damage every year. See http://www.iucn.org/biodiversityday/index.html. Another report, by IUCN and Future Harvest, found that half the world's natural reserves are being farmed. See http://www.futureharvest.org/pdf/biodiversityen.pdf The report is entitled Common Ground, Common Future: How Ecoagriculture Can Help Feed the World and Save Wild Biodiversity. It says that "unless agricultural practices are improved--among smallholders and large-scale agribusiness alike--habitats and species will continue to disappear at an alarming rate," and "unless agricultural production in the tropics increases,"  "poverty will deepen." "The challenge is to protect wild species and conserve habitat while increasing agricultural production." 

red bar graphicCLIMATE CHANGE



  • Dutch Environment Minister Jan Pronk said he would consult with several countries in an effort to draft an outline pact on meeting greenhouse gas reduction targets in preparation for the resumed climate change talks in July (16-27) in Bonn. He expects to have an informal discussion in the Netherlands in June.  

  • European Union Environment Commissioner Margot Wallstrom, while expressing hope that the U.S. returns to the Kyoto fold, said that American allies such as Canada, Japan, and Australia could take President Bush's lead.  

  • "Sealing" the ozone layer through the use of hydroxyl could have an adverse effect, according to a paper published in New Scientist

red bar graphicASIA/MIDDLE EAST



  • A report published in Science says that forests on the Sundra Shelf, on the Indonesian island of Sumatra, will be completely destroyed within five years if current essentially unregulated practices continue. 

red bar graphic  EUROPE



  • Representatives from Bulgaria, Croatia, Estonia, Georgia, Hungary, Latvia, Lithuania, Moldova, and Poland met to discuss ways to protect the ozone layer and promote environmentally sustainable agricultural practices, particularly through developing methyl bromide alternatives for soil uses.

  • The U.K. announced that it would strengthen standards for offshore oil drilling and exploration. 

  • The European Commission began a three-year "Clean Air for Europe" assessment. "We have come a long way in reducing air pollution, but we have not yet achieved our final objective, that is to make sure that everybody in Europe, even those who are particularly vulnerable to bad air, can breathe freely," EU Environment Commissioner Margot Wallstrom said.

  • Belgium's Prime Minister Guy Verhofstadt said that his country, upon taking the reins of the European Union presidency on July 1, would emphasize the development of rules governing genetically modified organisms.

  • Montenegro is apparently asking for international assistance to clean up an area contaminated by depleted uranium due to the 1999 NATO air strikes on Yugoslavia.

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.