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Weekly Update Volume 31, Issue 16

06/04/2001

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

red bar graphic  ESA, BIOLOGICAL OPINIONS, TIMBER SALES:

The Ninth Circuit affirmed a district court decision that the National Marine Fisheries Service (NMFS) acted arbitrarily and capriciously in concluding that proposed timber sales were not likely to jeopardize the continued existence of the Umpqua River cutthroat trout and the Oregon Coast coho salmon. In determining aquatic conservation strategy (ACS) consistency for the timber projects at issue, the NMFS analyzed the entire watershed, as opposed to each individual project, which effectively masked all project level degradation. The appropriate analysis of ACS compliance is undertaken at both the watershed and project levels. Additionally, the record contained no proof that the cumulative effect of site specific degradation was considered in reaching a no-jeopardy opinion at the regional watershed level. Unless the effects of individual projects are aggregated to ensure that their cumulative effects are perceived and measured in future ESA consultations, it is difficult to have any confidence in a wide regional no-jeopardy opinion. Further, the NMFS failed to adequately consider the short-term effects of the projects. There is no evidence in the record to support the conclusion that natural vegetation regrowth will adequately mitigate the degradation caused by the logging projects and ensure that fish that never hatched could return to the recovered spawning habitat. Pacific Coast Federation of Fishermen's Ass'n v. National Marine Fisheries Service, No. 99-36027 (9th Cir. May 31, 2001) (14 pp.).


red bar graphic  NEPA, HIGHWAY PROJECTS:

The Fourth Circuit held that the U.S. and South Carolina Departments of Transportation did not violate NEPA by segmenting their environmental analysis for federally-funded highway projects in South Carolina into two projects and by not issuing a final EA. Although NEPA does not allow segmenting a project into smaller parts to avoid preparation of an EIS, the departments did not improperly segment the projects at issue here because each project had independent utility and logical termini. Additionally, the EA adequately addressed air quality and induced growth impacts for the projects and considered alternatives. Further, the departments gave proper notice of the public hearing and did not act improperly by issuing a final EA on the same day as the FONSI. Wilds v. South Carolina Department of Transportation, No. 00-1808 (4th Cir. May 9, 2001) (6 pp.).


red bar graphic  SMCRA, STATE BONDING SYSTEM, SOVEREIGN IMMUNITY:

A district court held that it lacked jurisdiction to enforce state law in a SMCRA citizen suit against a state environmental agency brought by an environmental group and claiming that the state alternative bonding program for surface mine reclamation bonds was inadequate to meet the minimum requirements of SMCRA. The Office of Surface Mining found that the state's alternative bonding system no longer met the requirements of SMCRA and was not achieving the objectives and purposes of the bonding program set forth in SMCRA. Therefore, in a previous holding, this court found that the state's alternative bonding program was superseded by the federal bonding program and allowed the citizen suit to proceed against the state defendant. However, in Bragg v. West Virginia Coal Ass'n, the Fourth Circuit held that SMCRA allows for either state or federal regulation of surface coal mining, but not both. The state program at issue here has not been revoked pursuant to SMCRA §1271, nor has a §1271 enforcement proceeding been initiated. Thus, the citizen group is challenging a state program that is still effective state law. Because of the doctrine of sovereign immunity, the court lacks jurisdiction to order a state official to follow state law, and, therefore, the citizen group's claim must be dismissed. West Virginia Highlands Conservancy v. Norton, No. 2:00-1062 (S.D. W. Va. May 29, 2001) (17 pp.).

red bar graphic  NEPA, CWA, AERIAL FOREST SPRAYING:

A district court held that the U.S. Forest Service did not violate NEPA or the CWA in its preparation of an EIS for the aerial spraying of a pesticide over approximately 628,000 acres of national forests in Oregon and Washington to control the Douglas Fir Tussock Moth (DFTM). Although some of the pesticide sprayed will reach nearby waters either directly or through run-off, the spraying at issue does not violate CWA §301(a), which prohibits discharge of a pollutant from a point source without an NPDES permit, because the spraying at issue is a pest control activity that is not considered point source pollution, and is not within the scope of the NPDES permitting program. Additionally, the Forest Service's EIS properly considered the impact of the spraying on butterflies and other non-target species, birds, sensitive bat species, and aquatic species. The EIS also adequately examined the potential human health effects of the spraying; the cumulative effects of the spray project; the true scale of the DFTM outbreak and its potential harm; the beneficial role of the DFTM; and the risk of compromising the DFTM's strongest natural predator, the DFTM virus. Further, site-specific impact assessments are not required or even feasible for this project. The Forest Service was also granted its motion to strike the testimony of three of the environmental group's experts because the testimonies were not included in the administrative record. League of Wilderness Defenders v. Forsgren, No. CV 00-1383-RE (D. Or. May 7, 2001) (65 pp.) (Council for the government included Thomas C. Lee of the U.S. Department of Justice Portland OR).

red bar graphic  CERCLA §117(f), CONTRIBUTION, PCB CONTAMINATION:

A district court held that a corporation is liable for discharging PCBs into the Kalamazoo River in Michigan from two of its three automotive manufacturing plants. The district court had previously found in favor of the corporation in this contribution action based on a lack of evidence showing that any of the three facilities released sufficient quantities of PCBs to satisfy the "threshold of significance standard." The Sixth Circuit reversed the district court on the basis that the district court applied an incorrect liability standard to the CERCLA contribution action. A CERCLA §117(f) contribution plaintiff, like a CERCLA §107 plaintiff, is not required to show any direct causal link between the waste each defendant sent to the site and the environmental harm. Consideration of causation and other equitable contribution factors is proper only in allocating response costs, not in determining liability. Therefore, the only relevant inquiry is whether the corporation discharged any PCBs to the site, regardless of the quantity. Based on the evidence before the district court, it is more probable than not that some of the PCBs used at two of the corporation's facilities leaked into the Kalamazoo River. There was, however, only a single low-level detection of PCBs at the third facility, which the court found unreliable. Therefore, the corporation is liable for the discharge of PCBs into the Kalamazoo River from two of its facilities. Kalamazoo River Study Group v. Eaton Corp., No. 1:95-CV-838 (W.D. Mich. May 9, 2001) (31 pp.).

red bar graphic  CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES), SENTENCING:

The Second Circuit held that a district court relied on several erroneous bases in reducing two individuals' sentences for smuggling sturgeon roe into the United States without a CITES permit and in violation of the Lacey Act. The district court granted a downward departure in the sentencing in large part because it found the market value of the smuggled roe overstated the seriousness of the offense. The district court arrived at this conclusion, however, by erroneously assuming that the seriousness of the offense should be measured by the economic loss caused by those offenses. The reference in the U.S. Sentencing Guidelines §2Q2.1 instructing the court to use a table found in §2F1.1 does not incorporate that section's concept of loss. Rather, the table in §2F1.1 should be used to enhance the offense level, but the enhancement level must be based on the market value or fair-market retail price of the endangered species involved. Further, the district court incorrectly concluded that the case fell outside the heartland of cases concerning offenses involving fish and wildlife. Instead of analyzing the facts of the case and comparing them with those of other cases that typically fall within §2Q2.1, the district court carved out a general exception to §2Q2.1 for all cases involving the illegal importation of sturgeon roe. United States v. Koczuk, No. 00-1504(L) (2d Cir. May 21, 2001) (8 pp.).

red bar graphic  DUE PROCESS, REAL PROPERTY, CIVIL FORFEITURE:

The Eleventh Circuit held that, after property seized by the government in a civil forfeiture is foreclosed by the property's mortgagee, the government must only return the net rental proceeds and not mortgage payments. The government seized property in connection with a drug trafficking case and collected rents but did not make mortgage payments. The bank with title to the property foreclosed on the property, and the development companies filed motions to compel the government to make mortgage payments. Under United States v. James Daniel Good Real Property, 510 U.S. 43 (1993), the U.S. Supreme Court held that due process requires the government to provide the owner of real property notice and a meaningful opportunity to be heard before it seizes property, absent a showing of exigent circumstances. Here, the government failed to provide notice and hearing prior to seizing the property, and did not allege or establish the existence of exigent circumstances. Therefore, the development companies are entitled to the return of any rents received or other proceeds realized from the property during the period of illegal seizure. However, the development companies are not entitled to include mortgage payments in the "rents received" to which they are entitled. To do so would allow the companies' possible recovery of damages in another action for the loss of property to be unjustifiably duplicated. Similarly, the district court was correct in relying on sovereign immunity to exclude consideration of loss of enjoyment of the property, pre-judgment interest, and return of property under 28 U.S.C. §2465 from the amount of damages recoverable by the development companies. United States v. 1461 West 42nd Street, Hialeah, Florida, No. 99-11130 (11th Cir. May 22, 2001) (21 pp.).

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

THE FEDERAL AGENCIES
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Note: Citations below are to the Federal Register.

red bar graphic  AIR:



  • EPA finalized the NESHAPs for the nutritional yeast manufacturing source category. 66 FR 27876 (5/21/01). 

  • EPA announced the availability of a technical assistance document to aid state, local, and tribal air pollution control agencies in implementing the revised 40 C.F.R. part 63, subpart E provisions. 66 FR 29131 (5/29/01). 

  • EPA expanded the list of acceptable substitutes for ozone-depleting substances under EPA's significant new alternatives policy program. 66 FR 28379 (5/23/01). 

  • EPA made available for public review and comment new information obtained after the close of the comment period for its July 11, 2000, proposal concerning the use of hydrochlorfluorocarbons in foam blowing applications under the significant new alternatives policy program. 66 FR 28408 (5/23/01). 

  • EPA approved West Virginia's municipal solid waste landfill plan for controlling landfill gas emissions from existing landfills under CAA §111(d). 66 FR 28375 (5/23/01). 

  • EPA approved Colorado's petition to relax the federal Reid Vapor Pressure gasoline standard that applies to gasoline introduced into commerce in the Denver/Boulder area from June 1 to September 15, the ozone control season. 66 FR 28807 (5/24/01).

  • EPA proposed to find that the Anchorage, Alaska, nonattainment area attained the NAAQS for carbon monoxide as of December 31, 2000. 66 FR 28872 (5/25/01). 

  • EPA announced that North Dakota conducted a draft modeling analysis that shows numerous violations of the Class I prevention of significant deterioration increments for sulfur dioxide in four Class I areas: Theodore Roosevelt National Park, the Lostwood Wilderness Area, the Medicine Lakes Wilderness Area, and the Fort Peck Class I Indian Reservation. 66 FR 29127 (5/29/01). 

  • EPA determined that the Phoenix metropolitan serious ozone nonattainment area attained the one-hour ozone air quality standard by the November 15, 1999, deadline set forth in the CAA. 66 FR 29230 (5/30/01).

  • EPA proposed to redesignate the Pittsburgh-Beaver Valley ozone nonattainment area to attainment for the one-hour ozone NAAQS. 66 FR 29270 (5/30/01).

red bar graphic  ENDANGERED SPECIES:



  • The National Marine Fisheries Service (NMFS) established conditions for the closure of the large-mesh gillnet fishery for monkfish in the mid-Atlantic to prevent unauthorized takings of sea turtles listed as threatened or endangered under the ESA. 66 FR 28842 (5/25/01).

  • NMFS issued a final rule to list the white abalone as an endangered species. 66 FR 29046 (5/29/01).

  • NMFS announced that it received a petition to revise critical habitat for northern right whales by designating an area within the southeastern Bering Sea as critical habitat and also announced that the scientific information presented in the petition may warrant taking action on the petition. 66 FR 29773 (6/1/01).

  • FWS announced the availability of its 1997 and 1998 annual reports on marine mammals. 66 FR 29587 (5/31/01). 

red bar graphic  ENERGY:



  • President Bush issued Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, which requires agencies to prepare a Statement of Energy Effects when undertaking certain agency actions in order to appropriately weigh and consider the effects of the federal government's regulations on the supply, distribution, and use of energy. 66 FR 28355 (5/22/01). 

  • President Bush issued Executive Order 13212, Actions to Expedite Energy-Related Projects, which requires agencies to expedite their review of permits for energy-related projects or take other actions as necessary to accelerate the completion of such projects, while maintaining safety, public health, and environmental protections. 66 FR 28357 (5/22/01). 

  • DOE completed its review of the January 12, 2001, final rule entitled "Energy Efficiency Program for Commercial and Industrial Equipment: Efficiency Standards for Commercial Heating, Air Conditioning and Water Heating Equipment" and does not intend to initiate any further rulemaking activity to modify its provisions. 66 FR 27853 (5/21/01).

red bar graphic  ENVIRONMENTAL JUSTICE:



  • EPA announced the availability of a draft voluntary guide, "Waste Transfer Stations: A Manual for Decision-Making," that is intended to promote the use of best practices in transfer station siting, design, and operation to maximize the facilities' effectiveness and efficiency while minimizing their impact on the community. 66 FR 29132 (5/29/01). 

red bar graphic  DRINKING WATER:



  • EPA delayed the effective date of the arsenic in drinking water regulation published on January 22, 2001, to February 22, 2002. 66 FR 28341 (5/22/01). 

red bar graphic  HAZARDOUS AND SOLID WASTES:



  • EPA proposed to revise the Uniform Hazardous Waste Manifest regulations and the manifest form used to track hazardous waste from a generator's site to its site of ultimate disposition. 66 FR 28239 (5/22/01). 

  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with the San Fernando Valley Crystal Springs (Area 2) Superfund site--Glendale Operable Units, in California. 66 FR 29133 (5/29/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(h) in connection with the Service First Barrel and Drum site in Salt Lake City, Utah.  66 FR 29322 (5/30/01).

  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Frost Manufacturing Company site in Kenosha, Wis. 66 FR 28906 (5/25/01). 

  • EPA entered into a proposed settlement under CERCLA §122(h)(1) in connection with the Standard Auto Bumper Superfund site in Hialeah, Fla. 66 FR 29801 (6/1/01). 

  • EPA promulgated a rule to assist in the implementation of a Project XL project for the U.S. Filter Recovery Services facility in Roseville, Minn., to encourage the use of the facility's waste water treatment ion exchange resin process, thereby increasing the recycling of metals derived from the treatment of electroplating waste waters subjected to this process. 66 FR 28066 (5/22/01). 

  • EPA clarified its codification of Wisconsin's authorized hazardous waste program. 66 FR 28397 (5/23/01). 

  • EPA approved revisions to Maryland's hazardous waste program. 66 FR 29712 (6/1/01). 

  • EPA approved a request to renew for one year a case-by-case extension of the May 26, 2001, effective date of the RCRA land disposal restrictions applicable to hazardous wastes generated at FMC/Astaris Idaho LLC's Pocatello, Idaho, facility. 66 FR 27961 (5/21/01). 

  • EPA granted Vickery Environmental, Inc., a modification of an exemption to the land disposal restrictions under RCRA. 66 FR 28464 (5/23/01). 

red bar graphic  MINING:



  • OSM revised its regulations governing abandoned mine land reclamation fee reporting to allow for the electronic filing of the information required on the OSM-1 Form. 66 FR 28633 (5/23/01).

red bar graphic  SMCRA PROGRAM APPROVALS:


red bar graphic  WATER QUALITY:



  • EPA issued a summary of data it has received or collected since its August 1, 2000, proposal for standards for cooling water intake structures at new facilities to implement CWA §316(b).  66 FR 28853 (5/25/01). 

  • EPA received a petition from Massachusetts requesting a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Three Bay/Centerville Harbor Area in Barnstable, Mass., to qualify as a No Dishcarge Area. 66 FR 28487 (5/23/01). 

  • EPA published a notice of availability for public review and comment of Missouri's continuing planning process under the CWA. 66 FR 28488 (5/23/01). 

  • EPA announced final agency action on 11 total maximum daily loads (TMDLs) prepared by Region 6 for waters listed in Louisiana's Mermentau and Vermilion/Tech river basins under CWA §303(d), and also announced final agency action removing 27 waterbody/pollutant combinations from the Louisiana §303(d) list because new data and information shows that water quality standards are being met. 66 FR 28488 (5/23/01). 

  • EPA announced the availability for comment of the administrative record file for one TMDL prepared by EPA Region 6 for waters listed in Louisiana's Mermentau and Vermilion/Tech river basins under CWA §303(d). 66 FR 28490 (5/23/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENT:



  • U.S. v. Applied Science Laboratories, Inc., No. 99CV834 (E.D. Va. May 12, 2001) (the estate of settling CERCLA defendants must sell real property in Richmond, Va., and pay the first $50,000 of the proceeds from the sale to the United States in reimbursement of past EPA response costs incurred in connection with the Applied Science Laboratories Superfund site in Richmond, Va.; the heirs will keep the next $10,000 and any balance above that will be divided evenly between the United States and the heirs), 66 FR 28199 (5/22/01);

  • U.S. v. Black Mesa Pipeline, Inc., No. CIV-01-0681-PCT-EHC (D. Ariz. Apr. 17, 2001) (a settling CWA defendant that allegedly discharged to U.S. waters coal slurry from its pipeline that runs from Peabody Western Coal Co.'s Black Mesa Mine near Kayenta, Ariz., to the Southern California Edison Co.'s Mohave Generating Station in Laughlin, Nev., must pay a $128,000 civil penalty, with $79,000 being paid to the United States and $49,000 being paid to Arizona, must implement a preventative measures plan to prevent further spills, and must continue to implement a protocol for addressing spills should any occur), 66 FR 28199 (5/22/01);

  • In re General Ceramics, Inc., No. 99-33406 (RG) (Bankr. D.N.J. May 14, 2001) (a settling CERCLA defendant must pay an allowed claim of $275,000 in U.S. response costs incurred and to be incurred at the Boarhead Farms Superfund site in Bridgeton Township, Pa.), 66 FR 28200 (5/22/01);

  • U.S. v. Marathon Ashland Petroleum LLC, No. 01-40119 (E.D. Mich. May 11, 2001) (a settling CAA, RCRA, EPCRA, and CERCLA defendant that allegedly violated the Acts at its refineries in Robinson, Ill.; Catlettsburg, Ky.; Garyville, La.;  Detroit, Mich.; St. Paul Park, Minn.; Canton, Ohio; and Texas City, Tex., must implement innovative pollution control technologies to greatly reduce nitrogen oxide and sulfur dioxide emissions from refinery process units, must adopt facility-wide enhanced monitoring and fugitive emission control programs, must pay a $3.8 million civil penalty, and must perform supplemental environmental projects totaling approximately $5.9 million), 66 FR 28200 (5/22/01);

  • United States v. Agway, Inc., No. 3:01cv0637 NAM/GLS (N.D.N.Y. May 1, 2001) (a total of 47 settling CERCLA defendants must perform remedial design/remedial action for the Tri-Cities Barrel Superfund site in Fenton, N.Y.), 66 FR 28543 (5/23/01);

  • U.S. v. Atlantic Richfield Co., Nos. 1:99-CV-1743, 5:98-CV-2645 (N.D. Ohio May 4, 2001) (a settling CERCLA defendant must pay $1,135,000 in U.S. response costs incurred and to be incurred at the Alsco Anaconda Superfund site in Gnadenhutten, Ohio), 66 FR 28543 (5/23/01);

  • U.S. v. James, No. 1999/145 (D.V.I. May 7, 2001) (a settling RCRA defendant that failed to employ the release detection methods required for USTs at its gas station in Christiansted, V.I., must permanently close the USTs, must perform a site assessment and perform corrective action, if necessary, and must pay a $6,000 civil penalty), 66 FR 28544 (5/23/01);

  • U.S. v. Shell Oil Co., No. 3:01CV00093 RNC (D. Conn. Apr. 27, 2001) (settling CAA defendants that violated the Act in connection with their operation of a bulk gasoline terminal located in Bridgeport and Stratford, Conn., must pay a $390,155 civil penalty, must purchase and permanently retire 22 tons worth of nitrogen oxide reduction credits during ozone season, must cease operation of loading bay no. 5 at the terminal, are permanently enjoined from resuming any further operation of that loading bay until and unless they obtain the appropriate permits, and are permanently enjoined from loading gasoline or other volatile organic compounds into barges at the terminal without the use of a vapor collection and disposal system), 66 FR 28544 (5/23/01);

  • U.S. v. V-1 Oil Co., No. 96-0454-E BLW (D. Idaho May 2, 2001) (an Oil Pollution Act, CWA, and RCRA defendant must pay $722,000 in U.S. removal costs incurred as a result of the release or substantial threat of a release of oil at a former gasoline service station in Preston, Idaho, and must pay $478,000 in civil penalties), 66 FR 28545 (5/23/01);

  • U.S. v. A&S Tribal Industries, No. CV-01-96M-DWM (D. Mont. May 14, 2001) (a CWA and RCRA defendant that violated hazardous waste generator requirements, treatment, storage, and disposal requirements, and pretreatment requirements at its facility near Poplar, Mont., must pay $40,000 over a three-year period, must take specified injunctive measures to prevent future RCRA violations, and must install, operate, and maintain pretreatment equipment necessary to achieve applicable discharge limits), 66 FR 29834 (6/1/01). 

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

THE CONGRESS
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red bar graphic  CHAMBER ACTION



  • H.R. 581 (wildland fire management; ESA), which would authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, and would reimburse the FWS and the NMFS to facilitate the interagency cooperation required under the ESA of 1973 in connection with wildland fire management, was passed by the Senate. 147 Cong. Rec. S5668 (daily ed. May 24, 2001). 

red bar graphic  BILLS INTRODUCED



  • S. 947 (Feinstein, D-Cal.) (CAA) would amend the CAA to permit the governor of a state to waive the oxygen content requirement for reformulated gasoline. 147 Cong. Rec. S5615 (daily ed. May 24, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 950 (Smith, R-N.H.) (CAA) would amend the CAA to address problems concerning methyl tertiary butyl ether. 147 Cong. Rec. S5615 (daily ed. May 24, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 972 (Murkowski, R-Alaska) would amend the Internal Revenue Code of 1986 to improve electric reliability, enhance transmission infrastructure, and would facilitate access to the electric transmission grid. 147 Cong. Rec. S5694 (daily ed. May 24, 2001). The bill was referred to the Committee on Finance. 

  • S. 973 (Wyden, D-Or.) (fisheries) would expedite relief provided under the Magnuson-Stevens Fishery Conservation and Management Act for commercial fishery failure in the Pacific Coast Groundfish Fishery and would improve fishery management and enforcement in that fishery. 147 Cong. Rec. S5694 (daily ed. May 25, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 975 (Chafee, R-R.I.) (land use) would improve environmental policy by providing assistance for state and tribal land use planning and would promote improved quality of life, regionalism, and sustainable economic development. 147 Cong. Rec. S5694 (daily ed. May 25, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 976 (Feinstein, D-Cal.) (water resources) would provide authorization and funding for the enhancement of ecosystems, water supply, and water quality of California. 147 Cong. Rec. S5694 (daily ed. May 25, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 978 (Craig, R-Idaho) (federal lands) would provide for improved management of, and increased accountability for, outfitted activities by which the public gains access to and occupancy and use of federal land. 147 Cong. Rec. S5695 (daily ed. May 25, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • H.R. 1985 (Calvert, R-Cal.) (water resources) would authorize funding through the Secretary of the Interior for the implementation of a comprehensive program in California to achieve increased water yield and environmental benefits, as well as improved water system reliability, water quality, water use efficiency, watershed management, water transfers, and levee protection. 147 Cong. Rec. H2709 (daily ed. May 24, 2001). The bill was referred to the Committees on Resources, and Transportation and Infrastructure.

  • H.R. 1989 (Gilchrest, R-Md.) (fisheries) would reauthorize various fishery conservation management programs. 147 Cong. Rec. H2710 (daily ed. May 24, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1999 (Nussle, R-Iowa) (CAA) would amend the CAA to prohibit the use of MTBE as a fuel additive and would require federal vehicles to use ethanol fuel. 147 Cong. Rec. H2710 (daily ed. May 24, 2001). The bill was referred to the Committees on Energy and Commerce, and Ways and Means.

  • H.R. 2000 (Nussle, R-Iowa) (renewable energy) would encourage the use of agricultural products in producing renewable energy. 147 Cong. Rec. H2710 (daily ed. May 24, 2001). The bill was referred to the Committees on Ways and Means, Agriculture, and Government Reform. 

  • H.R. 2016 (DeGette, D-Colo.) (CERCLA) would amend CERCLA to ensure full federal compliance with that Act. 147 Cong. Rec. H2847 (daily ed. May 25, 2001). The bill was referred to the Committees on Energy and Commerce, and Transportation and Infrastructure.

  • H.R. 2017 (Green, R-Wis.) (gasoline) would direct the Administrator of EPA to conduct a study of the feasibility of developing regional vehicle fuel specifications for the United States and of the feasibility of implementing the use of a uniform blend of gasoline in the Midwest region of the United States. 147 Cong. Rec. H2847 (daily ed. May 25, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 2028 (Ney, R-Ohio) (hydroelectric power) would extend the deadline for commencement of construction of a hydroelectric project in Ohio. 147 Cong. Rec. H2847 (daily ed. May 25, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 2039 (Thompson, D-Cal.) (gasoline pricing) would prohibit certain discriminatory pricing policies in wholesale motor fuel sales. 147 Cong. Rec. H2847 (daily ed. May 25, 2001). The bill was referred to the Committee on Energy and Commerce.

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

IN THE STATES
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red bar graphic ALABAMA


Dept. of Envtl. Management


Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Legislature


Special Session Called to Address Cruise Ship Environmental Standards



Dept. of Envtl. Conservation


Proposed Regulations-Administrative Procedures Regulations,18 AAC 15



Proposed Regulations-Alaska Clean Water and Drinking Water Revolving Loan Fund
Regulations, 18 AAC 76


red bar graphic ARIZONA


Dept. of Envtl. Quality


Safe Drinking Water Workshops Announced



Development of an Aquifer Water Quality Standard for MTBE



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, $2,000 penalty;  Sonny Woods, Marshall Asbestos Section, $600 penalty; Village Square Shopping Center, Garland County NPDES/Water Division, $1,000 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, $2,500 penalty; Coastal Unilube, Inc., West Memphis Air Division, no penalty.

red bar graphic CALIFORNIA


Air Resources Board


Public Consultation Meeting to Discuss Ozone Transport Mitigation Requirements



Vapor Recovery Certification and Compliance Test Procedures Workshop



Aboveground Storage Tanks Vapor Recovery Workshop



Rice Straw Burning--2001 Report to the Legislature



Proposed Regulations-Zero Emission Vehicles



  • June 28 public hearing to consider proposed amendments to the California zero-emission vehicle 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 

Clean Air Plan Workshop



Dept. of Toxic Substances Control


Guidance Document Availability



Draft Public Participation Policy Manual



Public Notices



Integrated Waste Management Board


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. Following this action, the Board received feedback from parties concerned about the potential impacts of the emergency regulations. In response to the feedback, staff brought the regulations back to the Board for re-evaluation and discussion of the issues at its April 24-25 meeting. The Board directed staff to make changes to the regulations and then submit to the Office of Administrative Law (OAL) with a request for a delayed effective date (length to be determined) as an emergency rulemaking. Staff is currently preparing the file for submittal to the OAL.

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 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. 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 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 and SB 744 (1993 statutes) the Board has been regulating the storage, disposal, and hauling of waste tires. This last year SB 876 was passed by the Legislature to make changes to the tire management statutes in order to better serve the regulated community and to protect public health and safety and the environment. The Board staff has proposed changes in the existing regulations to implement, interpret, and make specific the provisions of SB 876, as well as implementing certain recommendations from the AB 117 Tire Report. See http://www.ciwmb.ca.gov/RuleArchive/2000/Exclusions/

Proposed Regulations-Withdrawal of LEA Designation



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

Proposed Regulations-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 Oct. 1, 2000. OAL approved an extension through May 30, 2001. Board staff has initiated the process to adopt permanent regulations. The Board conducted a public workshop on Jan. 17, 2001, to discuss the proposed permanent regulations. At its Mar. 20-21 meeting, the Board approved the proposed permanent regulations to be noticed for 45-day public comment period. Staff is currently preparing the regulation package for noticing. See http://www.ciwmb.ca.gov/Rulemaking/nonhaz/

Proposed Regulations-Compostable Materials



  • Placement of solid waste facilities and operations that handle compostable materials (green material--not composted, woody material--not composted) into regulatory tiers, development of minimum standards, and adjustment of existing regulations to accommodate the above placement. Public workshops in Sept. 1999 were focused on odor monitoring and enforcement at compostable materials handling sites, as well as on regulatory concepts for the revision of the composting regulations. From early July through early Aug. 2000, in eight venues throughout the state, the Board held workshops to discuss proposed changes to the regulations. Staff analyzed the information gathered at the workshops and revised the draft regulations accordingly. In Dec. 2000, Board staff solicited feedback from an external working group and in Jan. 2001, revised the regulations based on this feedback. The Board discussed issues related this package at its Feb. 20-22, 2001, meeting. The Board will consider approval of the regulations for a 45-day public comment period at its 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 Mar. 7. The Board held a public workshop on Mar. 12 to discuss the draft regulations. The Board will consider approval of the regulations for a 45-day public comment period at its May 22-23 meeting. See http://www.ciwmb.ca.gov/Rulemaking/Monofill/

Water Resources Control Board


Board Workshop Agenda



TMDL Development Public Notices, Drafts



South Coast Air Quality Management District


Proposed Regulation-Regional Clean Air Incentives Market (RECLAIM)



  • June 6 workshop regarding proposed amendments to Rule 2000-General, of Regulation XX-Regional Clean Air Incentives Market (RECLAIM). The purpose of the proposed amendments is to expand the definition of Structural Buyer in Rule 2000 to include certain small refineries. The proposed amendments will provide these facilities access to RECLAIM Trading Credits (RTCs) available through the newly approved RECLAIM AQIP adopted in Rule 2020 at the May 11, 2001, AQMD Governing Board meeting. See http://www.aqmd.gov/pub_edu/pcn_par2000.html

Proposed Regulation-New Source Review of Toxic Air Contaminants



  • 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 Mar. 12, 2001, rulemaking hearing. Since that time, the Commission has decided to bifurcate and reschedule the hearing on the issues to be considered. See http://www.cdphe.state.co.us/op/wqcc/0107lowercolo2.pdf 

Hazardous Waste Commission


Proposed Regulations-Universal Waste


red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Permit Hearings-Calendar


red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection



Draft Fla. Proposal for a Water Allocation Agreement for the Apalachicola-Chattahoochee-Flint River
Basin



Cooperative Agreement Between the International Paper Co. and Escambia County Utility Authority (ECUA)



Proposed Regulations-Coastal Protection



  • Will update Chapter 62E-41, F.A.C., accounting for the departmental reorganization, to amend definitions and clarify policy regarding sand specifications. The regulations provide the standards and procedures for application for coastal construction permits. Hearing, if timely requested, will be June 12.

Proposed Regulations-Water Quality



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

Proposed Regulations-Air Quality



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


Update on Electronic Reporting/Permitting



2000 Ombudsman Annual Report



South Florida Water Management District


Comprehensive Everglades Restoration Plan (CERP)




  • Series of public workshops early June with U.S. Army Corps of Engineers to solicit final comments for the (1) draft Public Outreach Management Plan and (2) draft Socio-Economic and Environmental Justice Management Plan–both of which are part of the CERP. A copy of the agenda may be obtained by contacting: South Florida Water Management District, Attention: Ellen Underwood, MS #6390, P. O. Box 24680, West Palm Beach, Fla. 33416-4680.

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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. Proposed changes to the plan include an extension in the attainment deadline of the ozone air quality standard and the inclusion of updated motor vehicle data. Will be presented to Board June 27 for approval. See http://www.ganet.org/dnr/environ/

  • Revised plan to control air pollution sources in metro Atlanta. The plan includes all of the air pollution controls that were in the previous version (annual vehicle emission testing, low sulfur gasoline, open burning ban, controls on power plants and industrial sources, etc.). Proposed changes to the plan include an extension in the attainment deadline of the ozone air quality standard and the inclusion of updated motor vehicle data. Hearing June 28; comments due same date. 

Air Permit Applications


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Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


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Dept. of Envtl. Quality


Outstanding Resource Waters-Petitions



Pending Permit Applications



Draft TMDL


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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 



  • In the Matter of: RCRA Subtitle C Update, USEPA Amendments (July 1, 2000 through Dec. 31, 2000). Board adopted final Opinion and Order 05/17/01.



  • In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2000 through Dec. 31, 2000). Proposal for Public Comments adopted 05/17/01; Illinois Register publication anticipated 06/01/01.   



  • 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



Envtl. Protection Agency


Permit Application/Public Hearings



 



red bar graphic  INDIANA


Dept. of Envtl. Management


Pending Permit Applications


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 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


Permit Applications/Hearing Notices 



Dept. for Envtl. Protection, Division of Water


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


Final Regulations-Ch. 592, The Small Community Wastewater Program




  • The Chapter 592 rules define the administration and operation of the Small Community Grant program, which
    provides grant funding for wastewater treatment facilities which are polluting the environment or causing a public health hazard. The amendments modified the rule to make it consistent with the current statute and to incorporate current formatting requirements. Other minor changes were made to improve the operation of the grant program. Effective May 20. See http://www.state.me.us/sos/cec/rcn/apa/notices/052301.htm


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 Dec. 30, 2004, and final emission limitations thereafter. The final emission limitations, which become effective on Jan. 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


Public Meetings/Hearings     



Water Quality Standard-Triennial Review


red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


2001 Recycling Services Directory and Markets Guide for Massachusetts



Drinking Water Quality-Guidelines and Policies for Public Water Systems



Proposed Regulations-Air Quality 



Enforcement Actions



BWSC Audit & Enforcement Update for March 2001



Heating Oil Delivery Lines-A Homeowner's Guide to Preventing Leaks


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



  • Department intends to develop a proposed revision to the Air Pollution Control Rules (ORR 2001-040EQ). The proposed amendment will provide new rules regarding monitoring, reporting, recordkeeping, and written programs relating to emissions from malfunction, start-up, and shutdown of source processes and/or process equipment. The new rules will be incorporated into Part 9, Emission Limitations and Prohibitions-Miscellaneous, of the Air Pollution Control Rules. Contact: Kendra Spielberg, DEQ Air Quality Division, 517-373-7084.

  • Pursuant to Act 451, the Air Quality Division is operating a work group to assist in the revision of rules regulating the New Source Review (NSR) program for rules packages 2000-077EQ and 2000-078EQ (formerly part of rules package 98-036EQ). The proposed NSR rule revisions will address program approval issues raised by U.S. EPA, findings of the Office of the Auditor General, and possible new exemptions from the requirement to obtain a Permit to Install. The fifteenth work group meeting will be held in the AQD Conference Room, Hollister Building, 4th Floor, 106 West Allegan Street, Lansing Michigan. Information Contact: Jerry Trautman, Air Quality Division, 517-335-4855, or e-mail at trautmaj@state.mi.us

Change in Procedure-Review of Applications



  • Effective June 1, 2001, the Land and Water Management Division (LWMD) will implement a change in procedure involving review of applications for permits under Part 31, Water Resources Protection (Floodplain Regulatory Authority); Part 301, Inland Lakes and Streams; Part 303, Wetlands Protection; Part 323, Shorelands Protection and Management; Part 325, Great Lakes Submerged Lands; and Part 353, Sand Dunes Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Many of these parts contain mandatory timeframes for a final decision; i.e., approval or denial of a permit application. These time limits often make it difficult for LWMD staff and an applicant to complete discussions on a mutually agreeable project modification for which a permit could be issued. As an alternative to receiving a denial, the applicant may withdraw the application prior to the deadline for decision. The applicant can revise the application and request that the LWMD reactivate the application within six months from the date of withdrawal. If the applicant does not withdraw the application before the decision deadline, the LWMD will deny the permit application. An applicant who has received a denial of an application has a right to appeal the denial to the Office of Administrative Hearings through the contested case hearing process. The decision rendered at the conclusion of the contested case process is a final decision of the department. An applicant who has received a denial may also submit a new application with the appropriate fee to have a modified project considered. A copy of the procedure may be obtained by contacting Kimberly Rice, Land and Water Management Division, 517-335-3190.

Jurisdictional Change-Certain Wetlands



  • The U.S. Census Bureau has released the official 2000 census figures. The population for Allegan and Eaton Counties each now exceeds 100,000, which will significantly change the regulatory status of certain wetlands within these counties. Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires permits for certain activities in regulated wetlands. Specifically, a permit is required from the DEQ to dredge or remove soil or minerals from a wetland; to deposit or place fill material in a wetland; to construct, operate, or maintain a use or development in a wetland; or to drain surface water from a wetland. Section 30301 of pt. 303 defines regulated wetlands as those contiguous to the Great Lakes; Lake St. Clair; or any inland lake, pond, river, or stream; and as those noncontiguous wetlands larger than five acres in counties with a population of 100,000 or more. The term "contiguous" is defined in the administrative rules promulgated under pt. 303. Allegan and Eaton counties have not met the 100,000 population criterion in the past, and noncontiguous wetlands more than five acres in size have not been subject to pt. 303 jurisdiction in these counties. Now that the 2000 census has officially established the population in these two counties at 100,000 or more, noncontiguous wetlands more than five acres in size will come under pt. 303 jurisdiction. Permits will be required as of July 1, 2001, for all activities described above in noncontiguous wetlands more than five acres in size, in Allegan and Eaton counties, regardless of when the activity began. Information Contact: Wetlands Assessment Program, Land and Water Management Division, 517-373-8000, or at http://www.deq.state.mi.us/lwm

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



Report on the Transparency of Minnesota Lakes



Report on Air and Water Emissions in Minnesota


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


Temporary Regulations-Groundwater




  • Commission approved, on May 10, temporary amendment to NAC 445A.810 to 445A.925, the underground injection control program. The 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


Final, Temporary 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. Approved May 10. See http://ndep.state.nv.us/sec/p2000-12.pdf



  • Temporary amendment to NAC 445B.001 to 445B.395. The 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. Approved May 10. See http://ndep.state.nv.us/sec/t2001-05.pdf


Temporary 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 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 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. Approved May 10. See http://ndep.state.nv.us/sec/t2001-03.pdf



  • Temporary amendment to NAC 232 and/or NAC 444A. The 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. Approved 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-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 


Proposed Regulations-Air Quality




  • June 27 hearing regarding Env-A 607.01, 704.06, 903.06, 907.03, and 3700: NOx Emissions Reduction Fund. Env-A 3700 is a proposed new chapter titled “NOx Emissions Reduction Fund for NOx-Emitting Generation Sources.” Proposed rule Env-A 704.06 is also a new rule, while the remaining proposed rules are amendments of existing rules. All of the proposals are designed to implement HB 649, codified at RSA 125-J:13 and 14. This law requires those who go off the power grid and install high polluting diesel engine generation sources to submit NOx emission data to the Department and to either reduce NOx emissions or pay a fee. Comments due July 9. See http://www.des.state.nh.us/hearings.htm

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 CWA 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) 



New Ozone Information Available


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. NRC. 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



New York State Drinking Water State Revolving Fund Intended Use Plan



  • The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated Sept. 20, 2000, to adjust the estimated project costs for 11 DWSRF projects listed in the Project Readiness List. Project descriptions and explanations of the reason for the cost increases are set forth at http://www.dec.state.ny.us/website/enb/20010523/not0.html Comments accepted through June 7.

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 Apr. 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 Jan. 1, 2007, and 56,000 tons by Jan. 1, 2009. S.B. 1078 passed the Senate on Apr. 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. Hearing June 5. Under the rules, allowable utility emissions would drop from 89,000 tons of NOx per year in 2000 to 37,294 tons in 2004 (a 58% reduction), then to 28,100 tons in 2006 (a 68% reduction). Reductions also would be required at other NOx sources including large industrial boilers, electric co-generation plants, and petroleum pipeline compressor stations. See http://daq.state.nc.us/Calendar/Planning/publicnotice.pdf and http://daq.state.nc.us/Rules/Hearing/


Neuse River Basinwide Water Quality Plan



Temporary Buffer Protection Rules For Parts Of Catawba River Basin



  • Approved by Environmental Management Commission May 10. The rules protect existing 50-foot wide buffers along the Catawba River mainstem below Lake James and along the shorelines of the mainstem lakes from Lake James to Lake Wylie. They do not apply to the mainstem above Lake James nor any other streams in the Catawba Basin. The approved temporary rules arescheduled to take effect by June 30, 2001. Rules to establish buffer protection in additional areas of the basin are in the process of being developed. Under the temporary rules, new buffers would not be created unless the land use is changed. Existing uses, such as agriculture, industrial and commercial facilities, maintained lawns, utility lines and on-site wastewater systems, are exempt. The temporary buffer protection rules also allow local governments to enforce a local buffer protection ordinance instead of the proposed rules if the Division of Water Quality determines it provides greater or equal water quality protection. See http://h2o.enr.state.nc.us/admin/pubinfo/pubinfo.html

Division of Air Quality Permit Applications, Hearings



Division of Air Quality Penalty Assessments



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



$85,628 Civil Penalty Assessed


red bar graphic OKLAHOMA


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



  • OAC 252:100-5-2.2(b), Registration, Emission Inventory and Annual Operating Fees [AMENDED]. The proposed revision will provide for an increase in annual operating fees. OAC 252:100-7-15(b), Permits for Minor Facilities [AMENDED]. The proposed change will provide coverage under a general permit through the filing of a notice of intent when allowed by the specific general permit. OAC 252:100-31, Control of Emission of Sulfur Compounds [AMENDED]. The proposed changes will simplify and clarify the subchapter as part to the agency-wide re-right/de-wrong initiative. Substantive changes are proposed to the hydrogen sulfide standards in subsection 26(a) for new petroleum and natural gas processes. Hearing June 20 in Tulsa. See http://www.deq.state.ok.us/MayJune2001New.htm

Draft Source Water Assessment and Protection Program Document


red bar graphic OREGON


Dept. of Envtl. Quality


Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations/General Permits-Air Quality



  • Hearings June 18, comments due June 19, regarding proposed General Air Contaminant Discharge Permits (ACDP) for 18 source categories. Each permit will include the relevant requirements for the source category, including Plant Site Emission Limits and other emission standards, as well as associated testing, monitoring, recordkeeping, and reporting requirements. The permits will have a duration of 10 years. See http://www.deq.state.or.us/aq/notices/PN_GPermits.htm

Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


Proposed Revisions--State Implementation Plan for the Philadelphia Ozone Nonattainment Area



  • The first SIP revision seeks to demonstrate to U.S. EPA that the Department considered additional control measures by clarifying relevant documentation previously submitted to EPA. The second SIP revision establishes a new 2005 motor vehicle emission budget for 2005 for the purposes of transportation conformity. Areas must include in their SIPs all control measures which will be in place by the attainment year and which are assumed in the air quality attainment demonstration. This proposed SIP includes emission reductions attributable to the Federal new car program (Tier 2/Low Sulfur) that begins with the 2004 model year. Hearings June 28; comments due June 29. See http://www.pabulletin.com/secure/data/vol31/31-21/909.html

Public Meetings/Hearings on Draft Antidegradation Guidance



  • Series of three meetings. This implementation guidance provides a general description of the program and its legislative history, an explanation of existing and designated uses and presents discussion on the following topics: (1) Processing of petitions, evaluations and assessments to change a designated use; (2) Qualifying as HQ or EV waters; (3) Protection of HQ and EV waters including nondischarge alternatives, nondegrading discharge alternatives and minimum technology-based standards (antidegradation best available combination of technologies); (4) Social or economic justification needed to lower water quality; (5) Nonpoint source controls; and (6) Public participation during implementation of antidegradation requirements. See http://www.pabulletin.com/secure/data/vol31/31-21/910.html

NPDES Permit Applications



Stream Redesignation Evaluations; Water Quality Standards Review



Final Guidance Document



  • Policy for Implementing the General Operating Permit Strategy for Aboveground Storage Tanks. The purpose of this guidance is to provide continuity and direction to DEP staff concerning the compliance with the October 11, 2000, inspection and upgrade deadline and for the implementation of the General Operating Permit Program for Aboveground Storage Tanks (ASTs). DEP will apply this guidance in its General Operating Permit process for large ASTs (tanks with capacities greater than 21,000 gallons) and for storage tanks with capacities greater than 1,100 gallons containing highly hazardous substance(s). This only applies to tanks that were installed (constructed) and registered with the Division of Storage Tanks prior to Oct. 11, 1997, under Chapter 245, Subchapter C (relating to Permitting of underground and
    AST systems and facilities). 

General NPDES Permit for Wet Weather Discharges from Combined Sewer Systems (PAG-6)



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


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



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 Apr. 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


Proposed Regulations-Air Quality




  • Control of Air Pollution from Volatile Organic Compounds. This rulemaking would amend sections of 30 TAC, Chapter 115, Control of Air Pollution for VOCs to clarify and add flexibility to existing requirements by accomplishing the following changes: (1) correct the typographical and technical errors, (2) update references to a variety of terms, (3) incorporate clarifications based on rule interpretation, (4) delete redundant or obsolete language, and (5) add a recordkeeping requirement so that compliance with exemptions can be determined. Public hearing July 3; comments due July 9. See http://www.tnrcc.state.tx.us/oprd/hearings/ph01005.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01005.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). Comments due June 4. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00051.pdf

  • Quadrennial Review of Chapter 111 (Control of Air Pollution From Visible Emissions and Particulate Matter). Comments due June 25. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc99063r.pdf

Proposed Regulations-Water Quality



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



Permit Hearings



Public Hearings/Proposed Rules


red bar graphic  UTAH


Dept. of Envtl. Quality


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 WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


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.

  • 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



  • Representatives of 127 countries, meeting in Stockholm, signed the persistent organic pollutants (POPs) treaty. Under it, 25 developing counties will continue to be able to use DDT to seek to control malaria until a safe substitute is found. See http://www.sunspot.net/news/printedition/bal-te.chemicals23may23.story?coll=bal%2Dpe%2Dasection and http://www.timesofindia.com/250501/25hlth5.htm

  • Representatives of South American and Caribbean countries met in San Jose, Costa Rica, to plan for next year's "Rio + 10" summit in South Africa.

  • The World Trade Organization supported a U.S. law that prohibits imports from countries that do not have proper programs for sea turtle conservation, rejecting a challenge from Malaysia. 

  • World Biodiversity Day was marked by a statement by UNEP Executive Director Klaus Toepfer that "[i]nvasive alien species are thought to be the biggest threat to biological diversity after habitat destruction. The dramatic growth in tourism and trade is offering these unwanted visitors more and more opportunities to travel hundreds or thousands of kilometers beyond their natural habitat via boat or aircraft. Some thrive in their new homes, but at great cost to native species and ecosystems, and at a cost of billions of dollars to local economies." An international conference on biodiversity was held at Columbia University. 

red bar graphic CLIMATE CHANGE



  • Two studies published in Nature argue that the potential use of forests as carbon "sinks" to offset carbon dioxide emissions is quite limited. One study, conducted in a forest owned by Duke University, concluded that while loblolly pine trees growing in an artificially CO2-enriched atmosphere saw an initial growth spurt, growth returned nearly to normal after three years. One of the authors observed that "estimates of increases in carbon sequestration of forests, which is expected to partially compensate for increasing CO2 in the atmosphere, are unduly optimistic." In the second study, researchers at Duke noted that carbon in leaf litter and soil was found to break down rapidly, sending the carbon back into the atmosphere after about three years. The fast turnover times "appear to constrain the potential size of this carbon sink," meaning that "significant, long-term net carbon sequestration in forest soils is unlikely." See http://www.nature.com/nature/links/010524/010524-1.html, http://www.thetimes.co.uk/article/0,,429-2001171110,00.html, http://www.guardian.co.uk/international/story/0,3604,496209,00.html, http://www.timesofindia.com/250501/25hlth3.htm and http://news.bbc.co.uk/hi/english/sci/tech/newsid_1347000/1347068.stm

  • Scientists, writing in Nature, have linked global warming and the decreased populations of several species of amphibians in areas such as Central America, North America, and Australia over the past decade. The study addresses more than 200 amphibian species whose populations have declined and around 20 that are presumed to be extinct. 

  • Several European and Asian environment ministers criticized the U.S. President Bush's energy plan, saying it would undoubtedly lead to increased emissions of greenhouse gases. See  http://thestar.com.my/news/story.asp?file=/2001/5/24/nation/2424etma&sec=nation. Jan Pronk said the plan was a "disastrous development." Danish Environment and Energy Minister Svend Auken said "[t]he United States will also be hurt by climate changes due to increased CO2 emissions. Hopefully they will wake up at some point, but it could take some time." "If it comes to the crunch in climate change," Pacific Concerns Resources Center climate officer Patrina Dumaru proclaimed, "some communities and cultures here [in Fiji] will cease to exist. It's totally unjust." Dumaru suggested that the United States. be characterized as an "environmental criminal" and brought before an international panel of some sort. China, of course, agreed. U.S. EPA Administrator Christine Whitman strongly disagreed with these assessments of the plan, stating that "[t]here is some good environmental policy in that plan. It is well balanced to enhance conservation and renewable energy sources with new proposals that are coming out." France was silent, while Japan, largely reliant on nuclear energy, endorsed the plan. The U.S. plan's references to nuclear power caught the eye of several newspapers. See http://www.nzherald.co.nz/storydisplay.cfm?storyID=190798&thesection=news&thesubsection=world and http://independent-bangladesh.com/news/may/24/24052001ed.htm#A3

  • Britain's new Climate Change Levy is proving costly to industry, according to a report. But another report says that the levy should be higher, to reflect the actual costs to the environment. See http://www.clgenergy.clara.net/prod02.htm

  • It is still expected that the United States. will offer Kyoto alternatives at the June 27-28 meeting in the Netherlands. See http://www.yomiuri.co.jp/newse/20010525wo42.htm

  • Kofi Annan, speaking at Tufts University, said that "[t]he United States, as you probably know, is the
    world's leading emitter of greenhouse gases. That makes it especially important for it to join in reducing emissions, and in the broader quest for energy efficiency and conservation." See http://www.unfccc.int/media/presse/sgspeech200501.pdf

  • The scientific academies of Australia, Belgium, Brazil, Canada, the Caribbean, China, France, Germany, India, Indonesia, Ireland, Italy, Malaysia, New Zealand, Sweden, Turkey and the United Kingdom signed a  statement, published in Science, endorsing the Intergovernmental Panel on Climate Change findings and criticizing the U.S. position on the Kyoto Protocol. 

  • Australian Environment Minister Robert Hill said that Kyoto was dead without U.S. support. "The Europeans are still saying we should seek to complete the negotiations on rules for the Kyoto Protocol and proceed to ratify it, thus to accept legal obligations without the United States," but "[i]t doesn't make sense to me because the United States is 25% of global emissions. And without them you can't have an effective agreement. It cannot be an effective step forward towards a better greenhouse outcome without the United States." See http://www.timesofindia.com/today/18worl6.htm

  • A study published in Nature found that the penguin population has been reduced as much as 50%, due to global warming. See http://abcnews.go.com/sections/scitech/dailynews/penguins010511.html

red bar graphic ASIA/MIDDLE EAST


red bar graphic  EUROPE



  • Finland's parliament is reviewing a bill that would allow for below-ground disposal of nuclear waste.

  • The European Commission endorsed a new directive that would mandate the use of sulfur-free gasoline by 2011. See http://europa.eu.int/eur-lex/en/com/pdf/2001/com2001-0241en01.pdf

  • Similarly, the Commission's proposal to amend Directive 70/220/EEC, Approximation of the Laws of the Member States Relating to Measures to be Taken against Air Pollution by Gases from Engines of Motor Vehicles, was preliminarily approved by the European Parliament. The revisions would address vehicle emissions that result from "cold starts." 

  • The Commission released its report, "Sustainable Energy for a Better World: A European Union Strategy for Sustainable Development." See http://europa.eu.int/eur-lex/en/com/cnc/2001/com2001_0264en01.pdf

  • The Commission indicated that, based on results of an annual review of bathing water quality, Directive 76/160/EC, Bathing Water Quality, would be strengthened as well. See http://europa.eu.int/water/water-bathing/index-en.html

  • Greenpeace issued a report aimed at plans to increase incineration capacity in the U.K. See http://www.greenpeace.org.uk

  • New French legislation includes requirements for disclosure of environmental information in the annual reports of publicly traded companies. See http://www.assemblee-nationale.fr/ta

  • Italy confirmed that it would not seek to impose a ban on single-hulled tankers, but instead would rely upon industry self-regulation and an agreement that the use of such tankers would be discontinued after Dec. 2003.

red bar graphic CANADA



  • Canadian Finance Minister Paul Martin said Canada should develop a new set of indicators on the environment, assessing ways to measure factors such air quality and pollution, to help develop economic policy. Martin said new environmental indicators could be "a continuous call to arms--an ongoing protection against environmental complacency." "Environmental indicators will provide us with the hard, quantitative data to ensure a sound basis for both environmental and economic policy in the future," he said.

  • Auditor General Shelia Fraser issued a report critical of the Export Development Corp.'s environmental review standards. See http://www.oag-bvg.gc.ca

red bar graphic  AFRICA



  • Malawi began a program to eliminate use of methyl bromide by 2004. See http://www.undp.org/dpa/frontpagearchive/2001/may/22may01/index.html

  • Klaus Toepfer, noting that some experts believe most of the apes in Africa and southeast Asia will be extinct in five to 10 years, said "[w]e can no longer stand by and watch these wondrous creatures, some of whom share 98% of the DNA found in humans, die out. He said UNEP would begin a program, which will eventually spread to 23 countries, to provide conservation groups with communications equipment and vehicles, create wildlife corridors and educate the public.  

red bar graphic AUSTRALIA


red bar graphic CARIBBEAN, SOUTH AMERICA 



  • Delegates at the Caribbean Regional Hawksbill Turtle Dialogue meeting in Mexico City agreed to develop a program for protection of the hawksbill turtle. See http://www.cites.org/CITES/eng/news/press_hawksbill.shtml

  • Mexican Environment Secretary Victor Lichtinger continued to speak out, this time about the growing municipal refuse problem in Mexico City and other urban areas. He also said more steps need to be taken to protect the environment in tourist resort areas.