Jump to Content

Weekly Update Volume 31, Issue 15

05/21/2001

 LITIGATION
large red bar graphic

red bar graphic CAA, NITROGEN OXIDE (NOx), ELECTRIC GENERATING UNITS (EGUs):


The D.C. Circuit remanded two aspects of a final EPA rule that requires many NOx-emitting facilities in several midwestern and southeastern states to conform to emission limits set by EPA and to participate in an emissions trading program. Petitioners challenged the rule as inconsistent with the CAA, arbitrary and capricious, and technically deficient. The court, however, upheld all but two portions of the final rule. First, EPA's use of growth rates generated by a computer model for 2001-2010 to estimate facility utilization growth for the period 1996 to 2007 was arbitrary. EPA's resulting projections significantly underestimated growth rates in some states, yet EPA never explained why it adopted this particular methodology. The EGU growth factor determinations were therefore remanded so that EPA could engage in reasoned decisionmaking on how to set EGU growth factors and explain why results that appear arbitrary on their face are, in fact, reasonable determinations. Second, the court remanded EPA's classification for large cogenerators that sell electricity to the electric grid as EGUs. Classifying the cogenerators as EGUs rather than non-EGUs requires the cogenerators to comply with more stringent standards, but the Agency failed to justify the new classification. Appalachian Power Co. v. Environmental Protection Agency, Nos. 99-1200 et al. (D.C. Cir. May 15, 2001) (40 pp.).

red bar graphic ENVIRONMENTAL JUSTICE, CIVIL RIGHTS ACT TITLE VI, 42 U.S.C. §1983:


A district court held that although the U.S. Supreme Court held in Alexander v. Sandoval, 121 S. Ct. 1511 (2001), that there is no private right of action to enforce the disparate impact regulations promulgated under Civil Rights Act Title VI §602, a community group may enforce the §602 disparate impact regulations promulgated by EPA under 42 U.S.C. §1983. Prior to the Sandoval decision, the district court had held that the New Jersey environmental agency's grant of air permits to a cement manufacturing facility located in a predominantly minority community violated EPA's §602 regulations and that the community group had established a prima facie cases of disparate impact discrimination based on race and national origin in violation of EPA's §602 regulations. After the Sandoval decision, the state and the cement manufacturer sought to vacate the district court's opinion. However, the same disparate impact regulations that can no longer be enforced through a private right of action directly under §602 of Title VI can be enforced under 42 U.S.C. §1983. The Sandoval decision does not invalidate §602 disparate impact regulations, and the decision does not foreclose the community from seeking to vindicate the rights they allege §602 and its implementing regulations create through §1983. Moreover, valid regulations, which may have the force and effect of law, may create rights that are enforceable under §1983. Here, EPA's §602 implementing regulations confer a federal right on the community group enforceable under §1983. Section 602 disparate impact regulations were intended to benefit the class of person to which the members of the community group belong, namely persons of color. Further, the rights asserted by the group -- to be free of discrimination resulting from the adverse disparate impact of a facially neutral air permitting policy implemented by a recipient of federal funding -- is neither vague nor amorphous and is well within the competence of the judiciary to enforce. Title VI and EPA's implementing regulations also unambiguously impose a binding obligation on the states that is enforceable under §1983. In addition, Congress has neither expressly nor impliedly foreclosed the group's ability to enforce EPA's disparate impact regulations. Last, injunctive relief vacating the air permits does not constitute prohibited retrospective relief in violation of the Eleventh Amendment. Therefore, the district court's original order issued prior to Sandoval remains in full force and effect. South Camden Citizens in Action v. New Jersey Department of Environmental Protection, No. 01-702 (D.N.J. May 10, 2001) (Orlofsky, J.) (37 pp.).

red bar graphic CWA, CITIZEN SUITS, CIVIL PENALTIES, MOOTNESS:


A district court dismissed as moot a citizen suit brought under the CWA against two cities for discharging storm water into the Mississippi River and related waterways without NPDES permits. The citizens originally sought declaratory and injunctive relief along with the assessment of civil penalties against the cities. The cities, however, received NPDES permits that rendered the citizens' request for injunctive relief moot. Additionally, a declaration that the cities violated the CWA in the past would not redress the citizens' injuries, and an award of litigation costs is insufficient to confer standing. Further, the citizens' claim for civil penalties is moot. The assessment of civil penalties against the cities will not provide effective redress for the citizens because the penalties are payable to the U.S. Treasury, not the citizens. Moreover, civil penalties will not deter the cities from discharging storm water without a permit. The cities ceased violating the CWA and no evidence in the record supports an inference that the cities are likely to violate their NPDES permits in the future. Mississippi River Revival, Inc. v. City of Minneapolis, Nos. Civ. 99-1596 DDA/FLN, -1597 DDA/FLN (D. Minn. May 2, 2001) (Alsop, J.) (5 pp.).

red bar graphic ESA, CONTRACTUAL WATER RIGHTS, TAKINGS:


The Court of Federal Claims held that California water users' contractually conferred rights to use water in the Tulare Lake Basin were taken from them when the federal government imposed water use restrictions under the ESA, and, therefore, the users may seek compensation for their loss. The case arose after time and manner limitations were imposed in the basin that caused water that would otherwise have been available to be unavailable. The government cannot argue that the contracts' purpose was merely frustrated by lawful government action. Only where the contract right remains separate and distinct from the property that is the subject of the contract does no taking occur. Here, the water users can claim an identifiable interest in a stipulated volume of water. In addition, to the extent that the government, by preventing the users from using the water to which they would otherwise have been entitled, has rendered the usufructuary right to that water valueless, they have effected a physical taking. Moreover, the government enjoys no contractual immunity from liability. Last, the public trust doctrine, the doctrine of reasonable use, and nuisance law do not limit the users' property rights. The users' right to divert water in the manner specified by their contracts and in conformance with state law continued until a determination to the contrary was made by the California courts or by the state water board, and no such determination was made. Tulare Lake Basin Water Storage District v. United States, No. 98-101 L (Fed. Cl. Apr. 30, 2001) (Wiese, J.) (14 pp.).

red bar graphic ESA, CRITICAL HABITAT DESIGNATION (CHD), ECONOMIC IMPACT:


The Tenth Circuit set aside the CHD for the Southwestern Willow Flycatcher because the FWS' adoption of a baseline approach to measure the economic impact of the flycatcher CHD was an erroneous construction of the ESA. The baseline approach adopted by the FWS utilizes a "but for" method for determining what economic impacts result from the CHD. Thus, unless an economic impact would not result but for the CHD, that impact is attributable to a different cause and not included in the analysis. Congress, however, intended that the FWS conduct a full analysis of all of the economic impacts of a CHD, regardless of whether the impacts are attributable co-extensively to other causes. Thus, the FWS' baseline approach to economic analysis is not in accord with the language and intent of the ESA. New Mexico Cattle Growers Ass'n v. United States Fish & Wildlife Service, No. 00-2050 (10th Cir. May 11, 2001) (7 pp.).

red bar graphic ENDANGERED SPECIES, SMUGGLING, U.S. SENTENCING GUIDELINES:


The Eleventh Circuit upheld an individual's conviction for the illegal smuggling and trade of endangered tortoises, but vacated and remanded the individual's sentence. Despite the individual's claims of innocence, ample evidence in the record supports his conviction. However, in applying a five-level sentencing enhancement based on a valuation of the animals involved in the offense, the district court stated that it was sustaining the individuals' objections to the valuation calculation, but it failed to specify which of the individual's objections had merit. Thus, it is impossible for the court to conduct a meaningful review. The sentence was therefore vacated and remanded for the district court to re-sentence the individual, specifying which objections it deems to have merit and identifying and valuating the animals relied on to enhance the individual's sentence. United States v. Lawracy, No. 99-15212 (11th Cir. May 1, 2001) (4 pp.).

red bar graphic NATIVE AMERICANS, TIMBER SALES, BREACH OF FIDUCIARY DUTY:


The Federal Circuit vacated and remanded a trial court decision holding that Native American tribes were not entitled to damages attributable to the government's mismanagement of Native American timber resources. The trial court found that the government breached its fiduciary duty by mismanaging the tribes' timber resources in several ways, but nevertheless refused to award damages. The court, however, erred in refusing to award any damages for improperly harvested timber. To deny recovery on the ground that the tribes received the full value of the trees in the unfavorable market in which they were sold ignores the nature of the breach. Moreover, the court erred in refusing to award damages on the ground that any award would be speculative. Once a beneficiary has shown a breach of the trustee's duty and a resulting loss, the risk of uncertainty as to the amount of the loss falls on the trustee. Likewise, the court erred in refusing to award damages that arose due to accounting irregularities. There is no threshold minimum of loss that the tribes were required to prove, and the tribes' evidence is sufficient to call for a specific response from the government and specific findings by the trial court. Similarly, the court erred in refusing damages with respect to the tribes' timber trespass claim on the ground that the government's conduct was not willful. The tribes did not seek damages under an Oregon statute that permits treble damages in the event of willful misconduct. Rather, they sought double damages under the timber contract and under an Oregon statute applicable to unintentional trespass. On remand, the court must make specific determinations as to the issues raised on appeal and award damages to the tribes based on those determinations. Confederated Tribes of the Warm Springs Reservation of Oregon v. United States, No. 00-5002 (Fed. Cir. May 10, 2001) (20 pp.).

red bar graphic NATIVE AMERICANS, TRUSTEE RELATIONSHIP, FIDUCIARY DUTY:


The Federal Circuit held that a 1960 Act of Congress obligates the United States to maintain or restore certain property and buildings held by the United States in trust for the White Mountain Apache Tribe and, therefore, the Tribe can maintain a suit for damages in the Court of Federal Claims. The government offered to terminate its trusteeship over some of the buildings and to transfer control of them to the Tribe, but the Tribe refused to accept that offer unless and until the government rehabilitates the buildings. The 1960 Act clearly created a trust, thus, the only issue was whether the trust also created a fiduciary obligation. The government argued a fiduciary obligation is created only when the pertinent statute or other authorizing document creating the trust relationship also directs the United States to manage the trust corpus for the benefit of the beneficiaries. However, case law makes it quite clear that control alone is sufficient to create a fiduciary relationship. Here, the 1960 Act authorizes the government to use the Tribe's trust property for governmental purposes, and to the extent the government actively used any part of the Tribe's trust property, it did so in a manner in which its control over the buildings was exclusive. Thus, the government's decision to use such trust property for its own purposes carries with it a responsibility to act as a fiduciary. On remand, the court must determine which portions of the property were under exclusive U.S. control and, thus, the subject of a fiduciary obligation. Moreover, the government has a fiduciary obligation to act reasonably to maintain and repair the trust property, and the government's breach of its obligation may give rise to a cognizable claim for money damages. White Mountain Apache Tribe v. United States, No. 00-5044 (Fed. Cir. May 16, 2001) (34 pp.).

red bar graphic NATIVE AMERICAN LANDS, PREEMPTION, PUBLIC HIGHWAYS:


The Ninth Circuit affirmed a district court decision holding that a Native American reservation's police vehicles do not fall within the California Vehicle Code's definition of "authorized emergency vehicles," and, therefore, the tribal police cannot affix emergency light bars to their vehicles when they leave the reservation. The tribe's reservation is non-contiguous, and the tribal police must leave the reservation to drive between the reservation's different parcels. However, the state vehicle code limits the display of emergency light bars to authorized emergency vehicles, and, consequently, a county sheriff cited several of the tribal police vehicles traveling on public roads outside the reservation on the ground that they were not authorized emergency vehicles. The tribe sought a declaratory judgment stating that the tribe's police vehicles should be treated like those of other law enforcement agencies in the state. Nevertheless, the tribe's sovereign authority to establish and operate a police department does not provide for the preemption of the vehicle code at issue here. Absent express federal law to the contrary, Native Americans going beyond reservation boundaries have generally been held subject to non-discriminatory state law otherwise applicable to all citizens of the state, and it is undisputed that the state vehicle code is non-discriminatory. Moreover, although the California Vehicle Code allows the police vehicles of other states to use emergency light bars inside California within 50 miles of the border, application of the emergency light bar provision against the tribe's vehicles does not discriminate against a similarly situated entity. The similarly situated rule is not applicable in all cases, and it does not apply here. Cabazon Band of Mission Indians v. Smith, No. 99-55229 (9th Cir. May 17, 2001) (21 pp.).

red bar graphic SIXTH AMENDMENT, MIRANDA RIGHTS, TRIBAL LAW:


The Ninth Circuit held that the interrogation of an individual that occurred in the absence of counsel but after his tribal arraignment on charges stemming from the same incident was proper. The individual was charged with shooting and killing a man in Indian country. After he was arrested pursuant to a tribal arrest warrant, officers learned of the existence of a federal warrant for the individual's arrest on a murder charge arising out of the same incident. The officers chose to act pursuant to the tribal warrant, and the individual was arraigned in tribal court. He was not represented by counsel at the proceedings, as tribal law does not require appointment of counsel at arraignment, and he did not retain private counsel. Days later, a federal agent visited the individual and told him of his Miranda rights. The individual waived those rights and then proceeded to tell the agent his version of the events that occurred the night of the killing. He was later found guilty in federal court. The individual argued that the interrogation was improper and, thus, his statements should not have been introduced at trial because his Sixth Amendment right to counsel attached at his tribal arraignment. However, tribal proceedings do not afford criminal defendants the same protections as do federal proceedings. Moreover, even if his right to counsel had attached, the interrogation was proper because he executed a valid waiver of that right before submitting to questioning by federal agents. United States v. Percy, No. 99-10488 (9th Cir. May 11, 2001) (12 pp.).

red bar graphic STANDING, OIL AND GAS LEASING:


The Ninth Circuit held that a petroleum company lacks standing to sue the U.S. Forest Service for not offering particular lands within the Lewis & Clark National Forest for oil and gas leasing. The Forest Service has discretion whether to authorize the leasing of any Forest Service lands for mineral exploration, thus, the company has no "right" to bid for leases on any Forest Service land or to compel the Forest Service to authorize leasing of its land for mineral exploration. Lacking such a right, the company suffered no injury-in-fact and, therefore, lacks standing to bring its NEPA, National Forest Management Act, and Multiple-Use Sustained Yield Act claims against the Forest Service. The court also rejected the company's claim that the Forest Service violated the Establishment Clause. The Forest Service's decision has a secular purpose, was not intended to advance Native American religious beliefs, and does not foster excessive entanglement with religion. Rocky Mountain Oil & Gas Ass'n v. United States Forest Service, No. 00-35349 (9th Cir. May 3, 2001) (5 pp.).

red bar graphic LAND USE, ZONING, CONSTITUTIONAL LAW, DUE PROCESS:


The Sixth Circuit affirmed a district court decision holding that a city did not violate property owners' procedural and substantive due process rights when it granted a neighboring property owner a special use permit allowing the operation of a beauty salon and the paving of a yard. There was no violation of the complaining property owners' procedural due process rights. Although the complaining property owners dispute the overall conclusion that the city reached, the evidence in the record indicates that the decision to issue the special use permit was the result of an impartial inquiry. Moreover, the complaining property owners have not demonstrated that any actions of the city planning commission, the city's zoning board of appeals, or the zoning administrator were the result of favoritism or special treatment. Further, the complaining property owners were afforded the opportunity to speak at a hearing. They were also afforded the right to seek review in the state court, but chose not to pursue their claims. In addition, there is no violation of substantive due process. The approval of the special use permit came only after significant consideration of the arguments for and against issuance. Thus, the city had a sufficient factual basis so that the issuance of the special use permit was a rational and legitimate state action. Brody v. City of Mason, No. 99-1188 (6th Cir. May 17, 2001) (7 pp.).

red bar graphic TAKINGS, SEVERANCE DAMAGES, EQUAL ACCESS TO JUSTICE ACT (EAJA):


The Fifth Circuit affirmed a district court's refusal to grant attorneys fees and costs under the EAJA to a landowner who prevailed in recovering severance damages from the government in compensation for the diminution in value of the remainder of his land following a condemnation taking of another, contiguous portion of his property. The landowner and the government agreed on just compensation for the property actually taken but could not agree on severance damages to the remaining property so the case proceeded to trial. Despite testimony from the government's expert witnesses, the jury awarded the landowner severance damages for the land not taken. Although the landowner prevailed, the district court denied his request for fees and costs because the government was "substantially justified" in the position it took in the litigation. The record supports this conclusion, thus, the court affirmed the district court's denial. United States v. 14.38 Acres of Land, No. 00-60154 (5th Cir. May 4, 2001) (4 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 amended its regulations governing the interim approval of state and local operating permits programs by removing the provisions that allow the Agency to extend expiration dates of interim approvals beyond 2 years from the date the interim approval is originally granted. 66 FR 27007 (5/15/01).

  • EPA entered into a proposed consent decree in Our Children's Earth Foundation v. EPA, Civil No. C-01-1475 EDL (N.D. Cal.), that addressed the Agency's alleged failure to publish a comprehensive document for each state in Region 9 setting forth all requirements of each such state's applicable SIP. 66 FR 26854 (5/15/01).

  • EPA finalized its modification of the effective date of its March 19, 2001, rule entitled "Determination of Nonattainment as of November 15, 1996, and Reclassification of the St. Louis Ozone Nonattainment Area; States of Missouri and Illinois" (66 Fed. Reg. 15578) from May 18, 2001, until June 29, 2001. 66 FR 27036 (5/16/01).

  • EPA granted the New Hampshire Department of Environmental Services the authority to implement and enforce state permit terms and conditions that substitute for the NESHAPs from the pulp and paper industry and the NESHAPs for chemical recovery combustion standards at kraft, soda, sulfite, and stand-alone semi-chemical pulp mills. 66 FR 27032 (5/16/01).

  • EPA determined that the Weirton, W. Va., moderate nonattainment area for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) attained the PM10 NAAQS. 66 FR 27034 (5/16/01).

  • EPA proposed to find that the Spokane, Wash., nonattainment area has attained the NAAQS for PM10 as of December 31, 1997. 66 FR 27055 (5/16/01).

red bar graphic DRINKING WATER:



  • EPA withdrew the final rule entitled Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; National Primary Drinking Water Regulations and National Secondary Drinking Water Regulations; Methods Update; Direct Final Rule. 66 FR 26795 (5/15/01).

red bar graphic  ENDANGERED SPECIES:



  • The National Marine Fisheries Service issued an interim final rule to add the double cover flap turtle exclude device (TED) to the list of hard TEDs approved for use by shrimp trawlers operating in the Atlantic Ocean off the southeastern United States and in the Gulf of Mexico and as a TED approved for use without modification in a closed portion of the leatherback conservation zone. 66 FR 24287 (5/14/01). 

  • FWS announced decisions made by the 11th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and incorporated those decisions in 50 C.F.R. §23.23. 66 FR 27601 (5/18/01).

red bar graphic  HAZARDOUS WASTES & SUBSTANCES:



  • EPA finalized its proposal to provide increased flexibility to facilities that manage low-level mixed waste and technologically enhanced naturally occurring and/or accelerator-produced radioactive material containing hazardous waste. 66 FR 27217 (5/16/01). 

  • EPA finalized the retention of the mixture rule and the derived-from rule in RCRA, with two revisions: the first revision is an expanded exclusion for mixtures and/or derivatives of wastes listed solely for the ignitability, corrosivity, and/or reactivity characteristics; and the second revision is a new conditional exemption from the mixture and derived-from rules for "mixed wastes'' (that is, wastes that are both hazardous and radioactive). 66 FR 27266 (5/16/01). 

  • EPA removed its rules relating to the standards of hazardous waste combustors as wells as the parameter limits of baghouses and electrostatic precipitators from the Code of Federal Regulations in response to Chemical Manufacturers Association v. EPA, 217 F. 3d 861, 30 ELR 20782 (D.C. Cir. 2000), in which the court vacated these rules. 66 FR 24270 (5/14/01). 

  • DOJ announced that a proposed prospective purchaser agreement was executed by the DOJ, EPA, and the prospective purchaser, Solutions Way Management of Huntington, W. Va., under CERCLA and RCRA in connection with a commercial property located in Waynesboro, Va. 66 FR 27537 (5/17/01).

  • EPA granted a petition to exclude from the list of hazardous wastes under RCRA a certain hazardous waste generated at Tyco Printed Circuit Group's Melbourne, Fla., facility. 66 FR 24272 (5/14/01). 

red bar graphic  RULEMAKING:



  • The federal agencies issued their semiannual regulatory agendas providing specific information on the status of regulations under development and revision. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the October 2000 agenda. (5/14/01). 

red bar graphic  SMCRA PROGRAM APPROVAL:


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

THE CONGRESS
large red bar graphic

red bar graphic BILLS INTRODUCED



  • S. 876 (Inhofe, R-Okla.) (National Environmental Education Act) would amend the National Environmental Education Act to redesignate that Act as the "John H. Chafee Environmental Education Act," would establish the John H. Chafee Memorial Fellowship Program and the Theodore Roosevelt Environmental Stewardship Grant Program, and would extend the programs under that Act. 147 Cong. Rec. S4890 (daily ed. May 14, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 877 (Nelson, D-Fla.) (arsenic-treated wood) would amend the Agricultural Marketing Act of 1946 to require that a warning label be affixed to arsenic-treated wood sold in the United States. 147 Cong. Rec. S4890 (daily ed. May 14, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 883 (Dodd, D-Conn.) (energy) would ensure the energy self-sufficiency of the United States by 2011. 147 Cong. Rec. S4940 (daily ed. May, 15, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1830, was introduced in the House this period.

  • S. 892 (Haarkin, D-Iowa) (CAA) would amend the CAA to phase out the use of methyl tertiary butyl ether in fuels or fuel additives and would promote the use of renewable fuels. 147 Cong. Rec. S4940 (daily ed. May 15, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 900 (Durbin, D-Ill.) (energy prices) would establish a Consumer Energy Commission to assess and provide recommendations regarding recent energy price spikes from the perspective of consumers. 147 Cong. Rec. S5005 (daily ed. May 16, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 901 (Boxer, D-Cal.) (mineral leasing) would amend the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to cease mineral leasing activity on the Outer Continental Shelf seaward of a coastal state that has declared a moratorium on mineral exploration, development, or production activity in state water. 147 Cong. Rec. S5005 (daily ed. May 16, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 903 (Allard, R-Colo.) (Cache La Poudre River) would amend the Cache La Poudre River Corridor Act to make technical amendments. 147 Cong. Rec. S5005 (daily ed. May 16, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1880, was introduced in the House this period.

  • H.R. 1830 (Larson, D-Conn.) (energy) would ensure the energy self-sufficiency of the United States by 2011. 147 Cong. Rec. H2182 (daily ed. May 15, 2001). The bill was referred to the Committees on Energy and Commerce, Science, and Government Reform. A companion bill, S. 883, was introduced in the Senate this period.

  • H.R. 1831 (Shimkus, R-Ill.) (CERCLA) would provide certain relief for small businesses from liability under CERCLA. 147 Cong. Rec. H2183 (daily ed. May 15, 2001). The bill was referred to the Committees on Energy and Commerce, and Transportation and Infrastructure.

  • H.R. 1832 (Towns, D-N.Y.) (hydroelectric power) would improve the federal licensing process for hydroelectric projects. 147 Cong. Rec. H2183 (daily ed. May 15, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1834 (Smith, R-Mich.) (fuel prices) would require DOE to study potential regulatory improvements that may help alleviate high fuel prices. 147 Cong. Rec. H2183 (daily ed. May 15, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1852 (Thompson, D-Miss.) (Natural Gas Act) would amend the Natural Gas Act to limit the extent to which natural gas prices charged to end users may be increased. 147 Cong. Rec. H2183 (daily ed. May 15, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1863 (Camp, R-Mich.) (electricity) would amend the Internal Revenue Code of 1986 to expand the credit for electricity produced from certain renewable resources to energy produced from landfill gas. 147 Cong. Rec. H2280 (daily ed. May 16, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 1864 (Camp, R-Mich.) (fuel cell technology) would amend the Internal Revenue Code of 1986 to encourage and accelerate the nationwide production, retail sale, and consumer use of new motor vehicles that are powered by fuel cell technology, hybrid technology, battery electric technology, alternative fuels, or other advanced motor vehicle technologies. 147 Cong. Rec. H2280 (daily ed. May 16, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 1870 (Gibbons, R-Nev.) (land transaction) would provide for the sale of certain real property within the Newlands Project in Nevada, to the city of Fallon, Nevada. 147 Cong. Rec. H2280 (daily ed. May 16, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1880 (Schaffer, R-Colo.) (Cache La Poudre River) would amend the Cache La Poudre River Corridor Act to make technical amendments. 147 Cong. Rec. H2280 (daily ed. May 16, 2001). The bill was referred to the Committee on Resources. A companion bill, S. 903, was introduced in the Senate this period.

  • H.R. 1882 (Udall, D-Colo.) (cultural heritage) would establish the Cultural Heritage Assistance Partnership Program in the DOI. 147 Cong. Rec. H2280. The bill was referred to the Committee on Resources.

  • H.R. 1883 (Walden, R-Or.) (water resources) would authorize the Secretary of the Interior to conduct a feasibility study on water optimization in the Burnt River, Malheur River, Owyhee River, and Powder River basins in Oregon. 147 Cong. Rec. H2280 (daily ed. May 16, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1891 (Bryant, R-Tenn.) (CAA) would amend CAA §211 to eliminate the phase-in period for the reduction of sulfur content in diesel fuel. 147 Cong. Rec. H2333 (daily ed. May 17, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1894 (Clayton, D-N.C.) (agriculture) would supplement current activities in the exchange of agricultural and farming expertise by establishing a grant program to support bilateral exchange programs whereby African American and other American farmers share technical knowledge with African and Caribbean Basin farmers regarding maximization of crop yields, use of risk management tools, expansion of agricultural trade, use of new financial instruments to increase access to credit, and other ways to improve farming methods. 147 Cong. Rec. H2333 (daily ed. May 17, 2001). The bill was referred to the Committees on Agriculture, and International Relations.

  • H.R. 1906 (Mink, D-Haw.) (Pu'uhonua O Honaunau National Historical Park) would amend the Act that established the Pu'uhonua O Honaunau National Historical Park to expand the boundaries of that park. 147 Cong. Rec. H2333 (daily ed. May 17, 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


ADEM Begins Monitoring for Mercury Deposition



  • ADEM has begun the state’s first program to measure pollution deposited through rainwater in Mobile and Baldwin counties. Samples taken from the monitoring stations will be used to determine how much mercury and nutrients are deposited in local watersheds through rainfall. The data gathered will be part of the National Atmospheric Deposition Program, which consists of about 250 monitoring sites from Alaska and the continental U.S. to Puerto Rico and the Virgin Islands. Rainwater will be analyzed for total mercury, sulfate, nitrate, ammonia, sodium, potassium, calcium and magnesium. Each sample will also be checked for pH (a measure of acidity/alkalinity) and specific conductance. See http://www.adem.state.al.us/EduInfo/PressReleases/5mercury.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

red bar graphic ARIZONA


Legislature


Vetoed Bill



Dept. of Envtl. Quality


Safe Drinking Water Workshops Announced



Proposed Regulations-Air Quality



  • Agricultural best management practices-May 30 public hearing and comment deadline on the proposed Maricopa County PM10 State Implementation Plan revision pertaining to Agricultural Best Management Practices. See http://www.adeq.state.az.us/environ/air/plan/download/0530pn.pdf and http://www.adeq.state.az.us/lead/osc/public.html

  • Guide to Agricultural PM10 Best Management Practices, Maricopa County PM10 Nonattainment Area. See http://www.adeq.state.az.us/environ/air/plan/download/web_guide.pdf The guide was developed for use by individual farmers as they implement the best management practices (BMPs) and by organizations who will be working with the farmers. The document includes an overview of the agricultural PM10 best management practices program, descriptions of the BMPs, suggestions for implementation, and a sample record form that commercial farmers can use to document compliance.

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


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


Clean Air Plan: Strategies for a Healthy Future



Proposed Regulations-Zero Emission Vehicles



  • June 28 public hearing to consider proposed amendments to the California zero-emission vehicle (ZEV) regulations regarding the treatment of small or intermediate volume manufacturers that are majority-owned by other manufacturers and infrastructure standardization. See http://www.arb.ca.gov/regact/charger/notice.htm 

Workshop-Vapor Recovery Draft Defects List 



Dept. of Toxic Substances Control


15-day Notice of Changes made, Assessment of Administrative Penalties



Draft Public Participation Policy Manual



Public Notices



Recission of Management Memos



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-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


Emergency Regulations



TMDL Development Public Notices, Drafts



Office of Environmental Health Hazard Assessment


Proposed Proposition 65 Listing



Practices, Needs, and Methodologies for Human Exposure Assessment at Cal/EPA: Final Interim Report of the MMRA Team



Department of Pesticide Regulation


Semiannual Report Summarizing the Revaluation Status of Pesticide Products



South Coast Air Quality Management District


Final Regulations-RECLAIM Program



  • AQMD took the following actions: Power plants will be separated from the rest of the RECLAIM market until at least 2004; Power plants will be put under enforceable plans that require them to install pollution control equipment over the next two to three years; Power plants will pay into a mitigation fund for any excess emissions at the rate of $7.50 per pound of pollution; and AQMD will use this money to reduce pollution by cleaning up equipment at the ports and other areas–such as tug boats, yard hostlers used to move containers in shipping yards, trash trucks, and agricultural water pumps. According to AQMD, this will provide permanent reductions in emissions of both smog-forming pollution and cancer-causing diesel soot. See http://www.aqmd.gov/news1/Governing_Board/Bs5_11_01.htm#RECLAIM and http://www.aqmd.gov/hb/010535a.html

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 are 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


Proposed Regulations



  • Hearing 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 

Hazardous Waste Commission


Proposed Regulations-Universal Waste


red bar graphic CONNECTICUT


Dept. of Envtl. Protection


$8.3 Million in Open Space Grants Awarded



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


Legislature


Adopted Bills



  • H.B. 1635 will simplify and pull together the DEP's administrative fine authority provisions. Specific aspects of the bill will: Clarify enforcement powers with respect to aquatic plant control; authorize the water management districts to assess penalties related to management and storage of surface waters; Permit DEP to assess penalties related to energy resource violations and phosphateland reclamation; create a process for use of administrative law provisions for certain penalties; provide an administrative penalty schedule for violations of the following: drinking water contamination, dredge and fill stormwater, first-time mangrove trimming or altering, solid waste, air emissions, and storage tank systems; allow DEP to consider a violator’s history with respect to violations; establish penalty limits and reductions; make numerous conforming changes; and require a report describing the number of notices and the results, including fines collected. The bill provides that the act shall take effect July 1, 2001. See http://www.leg.state.fl.us/data/session/2001/House/bills/analysis/pdf/2001h1635.nrep.pdf and http://www.leg.state.fl.us/session/index.cfm

  • S.B. 1524 would create the Comprehensive Everglades Restoration Act. This bill creates the Comprehensive Everglades Restoration Plan Regulation Act, providing an expedited permitting program for project components of the Comprehensive Everglades Restoration Plan (CERP). The bill authorizes the use of state funds for land purchases contained in the Florida Forever Water Management District Work Plan and revises the due date for the annual comprehensive plan report. It provides standards for permitting of construction, operation, and maintenance of facilities in the South Florida ecosystem. See http://www.leg.state.fl.us/data/session/2001/Senate/bills/analysis/pdf/2001s1524.nr.pdf and http://www.leg.state.fl.us/session/index.cfm

Dept. of Environmental Protection


Struhs Names Allan F. Bedwell as Deputy Secretary



Final Regulations-Water Quality



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.

  • May 22 workshop to continue discussion and receive public comments on proposed rule amendments to Chapter 18-21,>F.A.C., to establish location zones and fees for the placement of fiber optic cables on sovereign submerged lands in the territorial sea of the Atlantic Ocean. This workshop will be held in conjunction with a rule development workshop to discuss proposed amendments to Section 62-341.625, F.A.C., which will provide for a new Noticed Environmental Resource General Permit for installation of offshore fiber optic cables.

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, LakeOkeechobee, 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-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


Proposed Regulations--Nitrate-Contaminated Groundwater



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

  • 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


  • 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


Permit Application/Public Hearings


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.

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


Proposed Regulations-Solid/Hazardous Waste



  • Would rescind Chapter 118, “Removal and Disposal of Polychlorinated Biphenyls (PCBs) from White Goods Prior to Processing,” and adopt new Chapter 118, “Discarded Appliance Demanufacturing,” Iowa Admin. Code. The existing rules require that only PCB capacitors be removed from discarded appliances and anyone removing capacitors must be registered with the Department. DNR believes the requirements of the registration program are minimal and are difficult to enforce. Also, it contends that the present rules do not protect the environment from releases of refrigerants or mercury during the recycling and shredding of discarded appliances. The proposed rules establish a permit program requiring anyone wanting to engage in the demanufacture of discarded appliances to obtain a permit prior to starting operation. The proposed rules require that all electrical parts containing PCBs, components containing mercury, and refrigerants be removed prior to being recycled or disposed of. Materials removed from discarded appliances must be properly stored and recycled or disposed of properly. Comments due June 5. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010516.html

Final Regulations-Onsite Wastewater Treatment



  • Chapter 93, “Onsite Wastewater Treatment System Assistance Program,” Iowa Admin. Code. This new chapter establishes a revolving loan program for onsite wastewater treatment systems (e.g., septic systems). Under the program, qualifying rural homeowners can obtain low–interest loans for the improvement or rehabilitation of onsite systems. The onsite wastewater systems assistance fund created by 2001
    Iowa Acts, Senate File 479, will be used as the source of loan funds. Effective June 20. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010516.html

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


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 October 13, 2000. 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


DEQ Signs Agreement With Marathon to Reduce Air Pollution



Permit Applications


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


Susquehanna River Fish Kill 



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

Guidance-Wetlands



Guidance-Drinking Water Quality



Enforcement Actions


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Permitting Calendar  



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Permit Applications, Other Notices



Animal Feedlot/Storage Area Registration Update


red bar graphic  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Water Quality



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

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

Final Regulations-Air Quality



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

Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphic MONTANA


Dept. of Envtl. Quality


Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphic NEVADA


Division of Envtl. Protection/Environmental Commission


Proposed Regulations-Groundwater



  • Commission 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

red bar graphic NEW HAMPSHIRE


Dept. of Envtl. Services


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

Proposed Regulations-Bad Actors



  • Env-C 209.01 et al. Chronic Violators; Permit Conditions. The public hearing for this proposed rule is scheduled for: Friday, May 25, 2001, at 9:00 a.m. to be held at the Offices of the NH Department of Environmental Services, 6 Hazen Drive, Concord, NH, in room 112. The deadline for submission of written comments is: Friday, June 8, 2001, by 4:00 P.M. See http://www.des.state.nh.us/hearings.htm#may25

red bar graphic NEW JERSEY


Dept. of Envtl. Protection


2002 Water Quality Limited Segments List



  • DEP is requesting submission of water quality related data to support the development of the 2002 Water Quality Limited Segments List under Section 303(d) of the federal Clean Water Act and Subchapter 6 of the New Jersey Watershed Management Planning Rules (N.J.A.C. 7:15-6). The Water Quality Limited Segments List is used to establish priorities for implementation of water quality improvement measures including, as appropriate, development of total maximum daily loads (TMDLs). Data received through this solicitation may be used to: (1) confirm impairment of a waterbody and/or presence of a pollutant that is currently on the 1998 Water Quality Limited Segments List; (2) delist a waterbody and/or a pollutant that is currently on the 1998 Water Quality Limited Segments List; or (3) list a waterbody and/or a pollutant that is not included on the 1998 Water Quality Limited Segments List. Submit material to DEP, Division of Science, Research and Technology, Water Assessment Team, 1st Floor, 401 East State Street, P.O. Box 409, Trenton, New Jersey 08625-0409. Data packages will be accepted for a period of six months. Data packages submitted after this time period may be considered for subsequent Water Quality Limited Segments Lists and/or other Department assessments such as Water Quality Inventory Reports.

Current DEP Bulletin (Permit Applications; Proposed Regulations)


red bar graphic NEW MEXICO


Water Quality Control Commission


Proposed Regulations



  • Hearing June 11 regarding Proposed Amendments to 20.6.2 NMAC–Ground Water Discharge Permit Public Notice Requirements. Written notices/comments due June 1. See http://www.nmenv.state.nm.us/

  • Hearing June 11 regarding Proposed Amendments to 20.6.4 NMAC–Standards for Interstate and Intrastate Surface Waters. The Environment Department is proposing to change the current definition of "surface waters of the State" and "waters," make changes to the antidegradation policy and implementation plan, and to change the description of designated uses for the Canadian River Basin. Written notices for the hearing due June 1. See http://www.nmenv.state.nm.us/

red bar graphic NEW YORK


Dept. of Envtl. Conservation


Proposed Regulations-Hazardous Waste



  • Proposal to amend regulations contained in pts. 370, 371, 372, 373, 374, and 376 (pt. 370 series) and associated changes to pt. 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York. The proposed amendments incorporate federal hazardous waste management regulations promulgated during the period Dec. 5, 1997, through July 6, 1999, into the New York state regulations. In addition, typographical errors and inconsistencies discovered in the regulations compared to federal regulations are corrected. Adoption of many of these federal amendments is necessary for the state to maintain final authorization from the U.S. EPA to administer and enforce NYSDEC's hazardous waste management program in lieu of the federal hazardous waste management program. Adoption of the proposed amendments will also eliminate duplicative state and federal regulations of several hazardous waste management activities. Hearing July 19; comments due July 24. See http://www.dec.state.ny.us/website/enb/20010516/not0.html

Emergency Regulations-Radioactive Waste



  • Effective May 7; to amend 6 NYCRR Part 380 to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. Nuclear Regulatory Commission. This emergency rule was proposed for permanent adoption in the State Register on Nov. 15, 2000. It allows for this rule to be in effect while it goes through the rulemaking process for permanent adoption. The purpose of the rule is to control the disposal of wastes contaminated with the radioactive wastes from the extraction of uranium and thorium from ores. The rule requires that these radioactive wastes be disposed of at facilities authorized to accept radioactive waste, and will effectively exclude them from pt. 360 and pt. 373 landfills, unless a variance to pt. 380 is requested and granted. Variances may be granted for slightly contaminated wastes, if the proposed disposal will have no significant adverse impact on the public health and safety or the environment. This emergency rule will be effective for 60 days from date of filing with Department of State; until July 6, 2001.

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


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


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


Mutual Agreement and Order for Aquatic Herbicide Application in Irrigation Systems



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



Pennsylvania Infrastructure Investment Authority (PENNVEST)-DEP Meeting



Diesel School Bus Retrofit Demonstration Project Grant


red bar graphic RHODE ISLAND


Dept. of Envtl. 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



  • 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/ and http://www.lpitr.state.sc.us/regs/2593.doc

  • 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 was 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.



Final Regulations-Hazardous Waste



  • R. 61-107.18, Solid Waste Management: Off-site Remediation of Soil Contaminated with Nonhazardous Constituents. New regulation that establishes minimum standards for the site selection, design, operation, and closure of facilities treating contaminated soil which is not hazardous waste as defined by Resource Conservation and Recovery Act (RCRA) and R.61-79, Hazardous Waste Management Regulations, that has been excavated and is being treated off-site. This regulation will allow and encourage the recycling/treatment of contaminated soil in lieu of landfilling. The regulation is not applicable to in-site treatment of contaminated soil, on-site ex-situ treatment of contaminated soil, nor treatment of soil contaminated with hazardous waste. The regulation categorizes contaminated soil into three (3) classes based on the contaminants present in the soil. Treatment standards are based, in part, on the intended use of the soil after treatment. The regulation allows for innovative approaches regarding treatment of contaminated soil as well as utilization of readily available data on treatment methods. The DHEC Board approved this regulation after public hearing on Oct. 12, 2000. The final proposed regulation was submitted Jan. 9, 2001, for General Assembly review. If no action is taken by the legislature to either approve or disapprove the proposed regulation during the review period, the regulation will receive automatic approval at the close of the review period on May 9, 2001, and will become effective as law by publication in the State Register on May 25, 2001, or thereafter. The proposed new regulation and legislative status can be viewed on the Internet at http://www.lpitr.state.sc.us/regs/2532.doc

Final Regulations-Water Classifications



  • Proposed Amendment of R.61-68, Water Classifications and Standards. DheC proposed to amend R.61-68 to clarify, strengthen and improve the existing regulation, and make appropriate revisions of the State's water quality standards in accordance with §3039(c)(2)(B) of the federal CWA. Section 303(c)(2)(B) requires that South Carolina's water quality standards be reviewed and revised, where necessary, at least every three years for the purpose of considering the U.S. EPA's most recent numeric and narrative criteria and to comply with recent Federal regulatory revisions and recommendations. DHEC has also included several revisions that will clarify and improve the regulation. R.61-68 will be replaced in its entirety because of recodification and stylistic changes made throughout the existing regulation. After public hearing on Dec. 14, 2000, the DHEC Board approved the proposed amendments with modifications. Document 2572 was submitted Jan. 16, 2001, for General Assembly review. At the request of the House Agriculture and Natural Resources Committee, on April 20, 2001, the Department withdrew and resubmitted proposed amendment of R.61-68 with changes. Document 2572 and legislative status information can be viewed on the Internet at http://www.lpitr.state.sc.us/regs/2572.doc. The 120-day legislative review period expired May 16, 2001.

Permit Application Notices


red bar graphic TENNESSEE


Dept. of Environment and Conservation


Permit Applications


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/ The Senate, on May 14, approved a version of H.B. 2912 that extends the permit deadlines to 2007 (east Texas) and 2008 (west Texas). The bill has been returned to the House for concurrence.

Natural Resource Conservation Commission


Final Regulations-Industrial Solid Waste and Municipal Hazardous Waste Recycling Rules (Rule Log No. 1997-174-335-WS)



  • Authorized May 9; effective May 30. These rule changes add criteria by which a nonhazardous waste which is to be recycled via land application can fall out of regulation as a waste. The rule also includes other changes and corrections to the definition of "solid waste" to conform to certain federal hazardous waste regulations. (§335.1)See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/pa97174.pdf

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, "[a]gencies 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



TNRCC Method 1005, Revision 03, Total Petroleum Hydrocarbons



Permit Hearings



Public Hearings/Proposed Rules


red bar graphic UTAH


Dept. of Envtl. Quality


Proposed Regulations-Solid/Hazardous Waste



  • 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


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


Enacted Legislation-Tax Credits for Water Reclamation



Dept. of Ecology


Draft TMDL Priority List



Emergency Regulations



Final Regulations


red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


Strategic Plan for Wisconsin Lakes Partnership



Air Rules Development



Public Hearing and Meeting Schedule



  • Public hearing June 11 on the repeal and recreation of ch. NR 166, Wis. Adm. Code, relating to the safe drinking water loan program. U.S. EPA recently interpreted federal laws to allow safe drinking water loan program funding of new public water systems. The proposed revisions to ch. NR 166 will enable safe drinking water loan program funding of new public water systems projects, revise the safe drinking water loan program priority scoring and ranking system to include scoring of new public water system projects and make general improvements to better reflect current policies and procedures.

  • 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



  • Organization for Economic Cooperation and Development (OECD) environment ministers, meeting in Paris, endorsed the elimination of governmental subsidies for agriculture, transportation, and energy activities that damage the environment. The ministers' final communique showed disagreement over the Kyoto Protocol. The ministers also called for eliminating overfishing by 2010, preserving biodiversity, limiting water waste and providing safe drinking water.

  • Logging in Brazil's rainforest increased in 2000, to a 5-year high, according to the government's National Institute for Space Research, from 6,664 square miles affected in 1999 to 7,659 in 2000. See http://news.bbc.co.uk/hi/english/world/americas/newsid_1332000/1332881.stm

  • U.N. Food and Agriculture Organization Director-General Jacques Diouf said genetically modified organisms can be beneficial in increasing agricultural productivity and reducing hunger. He said that "(a)ll our efforts must be directed to ensure that the potential benefits of biotechnology, with the necessary safeguard measures for health and the environment, are brought to within the reach of everybody, including the poor and most disadvantaged."

red bar graphic CLIMATE CHANGE



  • U.S. Energy Secretary Spencer Abraham, attending a OECD meeting in Paris, said climate change "is not an issue we have put on the back burner."

  • Reflecting on the OECD's mixed message on climate change, in light of the U.S. position, Danish Environment and Energy Minister Svend Auken said: "The OECD works by consensus and we did include references to the Kyoto Protocol and we did have a strong climate chapter in it, but of course we could not say that all OECD countries were prepared to ratify it knowing that a major emitter-the United States- was not going to ratify it. I think most countries, including many, many, many groups in the United States and, I think, also many people in the U.S. administration, are very concerned about how the world is moving, and sustainable development with the three components- the economic component, the social component and the environmental component- is in fact the wave for the future. The problem is to put teeth into such a concept and that's what we're trying to do in the strategy."

  • Ignoring the effects of climate change is a high-risk strategy for many governments, according to the annual report of the International Institute for Strategic Studies. Terence Taylor of the group says the issue has "got[ten] to the point where it is motivating governments and influencing policy. Climate changes have an impact mainly through enhancing already existing conflicts and political instabilities," he said. "It makes it even more difficult to overcome instabilities that are already inherent in those countries." The report notes that "(t)he [Bush] administration has got itself in some trouble with the outside world for its wholesale rejection of the Kyoto Treaty. Whatever the specific merits or demerits of Kyoto, its rejection by the administration would have been better tolerated by others if President Bush had admitted that environmental issues are a proper subject for multilateral discussions. It is neither helpful in fact, nor useful in terms of international diplomacy, for the US to see environmental issues solely through a domestic prism." See http://www.iiss.org/pub/tx/tx01006.asp and http://www.iiss.org/pub/stratsur.asp

  • Russia, which makes up for 17.4% of world greenhouse gas emissions, is becoming an important player to implementing the Kyoto treaty, which will not come into force until countries accounting for 55% of emissions have ratified it. If the U.S. remains outside the treaty, Europe, Japan and Russia could implement it if all of their nations ratified the agreement. Russian participation seems likely. See http://www.moscowtimes.ru/stories/2001/05/16/043.html

  • Nils-Emil Morner, president of the International Association of Quarternary Research's commission on sea level changes and coastal evolution, questioned the asserted relationship between rising sea levels and climate change.

  • The price of Norwegian whale blubber increased almost 60,000%, to about $6 a kilogram, following the decision to export whale product exports to Japan and elsewhere in contravention of the U.N. Convention on International Trade in Endangered Species.

red bar graphic ASIA/MIDDLE EAST



  • A coalition of political parties in Japan is preparing legislation that would mandate the collection and proper disposal of chlorofluorocarbons.

red bar graphic EUROPE