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Weekly Update Volume 31, Issue 18

06/25/2001

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

red bar graphic WATER LAW, ELEVENTH AMENDMENT, DAMAGES, PREJUDGMENT INTEREST:

The U.S. Supreme Court held that Colorado must pay damages, including prejudgment interest from the year the complaint was filed, to Kansas for violating the Arkansas River Compact, which the parties entered in 1949 to equitably divide and apportion Arkansas River water to the states and their citizens. After the Court adopted a Special Master's conclusion that Colorado violated the Compact, the Special Master recommended that damages be awarded to Kansas. Both states filed objections to the Special Master's recommendations. The Eleventh Amendment does not preclude damages based on losses sustained by individual Kansas farmers because Kansas has a direct interest of its own and is not merely seeking recovery for the benefit of individuals who are the real parties in interest. Further, the unliquidated nature of Kansas' money damages does not bar an award of prejudgment interest. In addition, the Special Master correctly concluded that the economic consequences of Colorado's breach could best be remedied by an interest award that mirrors the cost of any additional borrowing the individual farmers may have been forced to undertake in order to compensate for lost revenue rather than by the lower interest rate available to states. The Special Master also properly determined the value of the crop losses attributable to Compact violations. Colorado failed to mount an effective challenge to Kansas' experts on their own terms and failed to provide a plausible alternative estimate of crop damage. However, although the Special Master properly determined that interest should be awarded according to fairness considerations, the Special Master erred in concluding that prejudgment interest should accrue in 1969 when Colorado knew or should have known that it was violating the Compact. Given the uncertainty over the damages' scope and the fact that Kansas had the power to advance its claim as soon as it knew the Compact was being violated, prejudgment interest should begin to accrue in 1985, the year the complaint was filed. Justice Stevens delivered the opinion of the Court. Justice O'Conner filed an opinion concurring in part and dissenting in part, in which Justices Scalia and Thomas joined. Kansas v. Colorado, No. 105 (U.S. June 11, 2001) (27 pp.).

red bar graphic  QUIET TITLE ACTION, NATIVE AMERICAN RESERVATION, SUBMERGED LANDS:   

The U.S. Supreme Court held that the federal government holds title, in trust for the Coeur d'Alene Tribe, to submerged lands underlying portions of Lake Coeur d'Alene and the St. Joe River in Idaho. The reservation was created by executive order in 1873, but it was never ratified by Congress. In 1890, the Senate passed a bill ratifying 1887 and 1889 agreements between the tribe and the federal government, but while the bill was pending in the House, Congress passed the Idaho Statehood Act, admitting Idaho to the Union. The 1887 and 1889 agreements were then ratified in 1891.  Despite the strong presumption that states hold title to land under navigable waters within their boundaries, courts must look to Congress' declarations and intent when resolving conflicts over submerged lands claimed to be reserved by the United States before statehood. Moreover, where the Executive Branch initially reserved the land, the test for determining congressional intent is satisfied when an Executive reservation clearly includes submerged lands, and when Congress recognizes that reservation in a way that demonstrates its intent to defeat state title. Here, Idaho conceded that the Executive Branch intended the 1873 reservation to include submerged lands. Moreover, the record demonstrates that Congress recognized the full extent of the executive order reservation and that it intended to bar passage to Idaho of title to the submerged lands at issue. The manner in which Congress dealt with the tribe shows clearly that preservation of the land within the reservation, absent contrary agreement with the tribe, was central to Congress' complementary objectives of dealing with pressures of white settlement and establishing the reservation by permanent legislation. Moreover, although the Idaho Statehood Act was passed eight months prior to the ratifying act, there is no evidence that the act confirming the reservation was delayed for any reason but to assure that the House and Senate bills were identical prior to the House's passage of the Senate's version. Justice Souter delivered the opinion of the Court. Chief Justice Rehnquist filed a dissenting opinion, in which Justices Scalia, Kennedy, and Thomas joined. Idaho v. United States, No. 00-189 (U.S. June 18, 2001) (29 pp.).

red bar graphic   ADMINISTRATIVE ACTION, JUDICIAL DEFERENCE TO AGENCIES:

The U.S. Supreme Court held that although an administrative ruling may not be entitled to judicial deference under Chevron, U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 14 ELR 20507 (1984), it may still be entitled to some deference under Skidmore v. Swift & Co., 323 U.S. 134 (1944). The U.S. Customs Service issued a ruling letter reclassifying day planners as diaries subject to tariff under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 4820.10. A day planner manufacturer challenged the tariff ruling, and after appeal of a Court of International Trade ruling, the Federal Circuit rejected the tariff ruling and granted no deference to the interpretation of the U.S. Customs Service, which then appealed. Administrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority. Delegation of such authority may be shown in a variety of ways, as by an agency's power to engage in adjudication or notice-and-comment rulemaking, or by some other indication of congressional intent. However, the Customs ruling here fails to qualify for such deference. On the face of the HTSUS, the terms of the congressional delegation give no indication that Congress meant to delegate the authority to Customs to issue classification rulings with the force of law. Also, there is no indication that in making the rulings Customs set out with a lawmaking pretense in mind because it does not generally engage in notice-and-comment practice when issuing classification rulings, and such a ruling's binding power stops short of third parties. Thus, classification rulings are best treated like interpretations contained in policy statements, agency manuals, and enforcement guidelines, which are beyond the pale of Chevron. However, that the classification rulings do not fall within Chevron does not mean they are due no deference at all. Chevron did not eliminate Skidmore's holding that an agency's interpretation may merit some deference whatever its form, given the specialized experience and broader investigations and information available to the agency and given the value of uniformity in its administrative and judicial understandings of what a national law requires. There is room to raise a Skidmore claim here where the regulatory scheme is highly detailed and Customs can bring the benefit of specialized experience to bear on the subtle questions of the case. Moreover, judicial deference is not an either or choice between Chevron deference or no deference. Skidmore is not anachronistic and judicial responses to administrative action must continue to differentiate between Chevron and Skidmore. Justice Souter delivered the opinion of the Court, which Chief Justice Rehnquist and Justices Stevens, O'Connor, Kennedy, Thomas, Ginsburg, and Breyer joined. Justice Scalia filed a dissenting opinion. United States v. Mead Corp., No. 99-1434 (U.S. June 18, 2001) (42 pp.).

red bar graphic  SMCRA, PERMITTING, MOOTNESS:

The D.C. Circuit dismissed a mining association's action challenging DOI regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and applicants, individuals, and corporations. The association argued that the regulations violated due process, were unconstitutionally vague, and violated state primacy. Since oral argument, however, the DOI has issued new regulations that render these challenges moot. The association also argued that the regulations exceeded DOI's statutory authority because they require applicants to submit a list of all outstanding violation notices received prior to the application date by any surface mining operation that is deemed to be owned or controlled by the applicant, regardless of the date of the violation. Although this claim was not rendered moot by the new regulations, SMCRA's three-year cutoff date for notice of violations applies only to violations by the applicant itself; it does not place any time limit on the other information the regulations require. Likewise, the regulations do not unlawfully place the burden of persuasion on those challenging the validity of a decision to rescind a permit as improvidently granted or to those challenging decisions regarding an ownership or control link in the computerized database. National Mining Ass'n v. United States Department of the Interior, No. 96-5274 (D.C. Cir. June 8, 2001) (7 pp.).

red bar graphic NATURAL GAS ACT (NGA), APA, JUDICIAL REVIEW:

The D.C. Circuit held that it lacked jurisdiction to hear petitioners' claim challenging FERC's decision to settle an enforcement action against two natural gas vendors for engaging in unauthorized service abandonment in violation of the NGA. In 1992, FERC discovered that the available capacity on one of the vendor's pipelines was lower than the level at which it had been certified and, thus, began an investigation to determine whether they began abandoning service without FERC approval. Four years later, FERC approved a settlement between the vendors and FERC's enforcement section. The settlement did not resolve whether the vendors violated the NGA and did not require the vendors to pay money damages. Petitioners, customers of the vendors, argue that FERC abused its discretion by approving the settlement without giving the petitioners an opportunity to participate in the procedure and by failing to order money damages. An agency's decision not to exercise its enforcement authority, or to exercise its authority in a particular way, is presumed to be immune from judicial review. Here, none of the three circumstances that can overcome that presumption is present. The NGA lacks guidelines against which to measure FERC's exercise of its enforcement discretion, FERC's decision to settle did not proceed from its mistaken belief that it lacked jurisdiction to bring an enforcement action, and the settlement is not an extreme policy that amounts to an abdication of FERC's statutory responsibilities. Consequently, the court lacks jurisdiction to hear the petitioners' claim. Baltimore Gas & Electric Co. v. Federal Energy Regulatory Commission, No. 00-1031 (D.C. Cir. June 15, 2001) (7 pp.).

red bar graphic  OUTER CONTINENTAL SHELF LANDS ACT (OCSLA), LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT (LHWCA):

The Fifth Circuit held that a drilling company must indemnify an equipment company contracted by an oil company after one of the drilling company's employees sued the contractor under the LHWCA for injuries sustained while working on a jacked-up drilling rig in the Gulf of Mexico. The drilling company, also a contractor of the oil company, entered into an indemnity agreement with the oil company that provided that the oil company would defend and indemnify the drilling company for any liabilities the drilling company owes to the oil company. In turn, the drilling company would defend and indemnify the oil company and all of its contractors and subcontractors against liabilities they may owe to the drilling company. After equipment caused one of the drilling company's employees to sustain injuries, the employee sued the equipment contractor, and pursuant to the indemnity agreement, the equipment contractor filed a third-party complaint against the drilling company seeking indemnity and defense. The drilling company argued that as applied to the case at hand, the indemnity agreement was voided by Louisiana law or the LHWCA. State law, however, does not apply. The drilling rig was not a vessel; rather, it was a device temporarily attached to the seabed over the outer continental shelf at the time the injury occurred. Thus, the OCSLA applies. Moreover, because the indemnity agreement and the injury are maritime in nature, Louisiana law does not act as a surrogate to federal law under the OCSLA. In addition, the LHWCA applies to this case. The employee was injured while doing casing work, which is included in the types of injuries covered by the LHWCA. Further, LHWCA §905(c) states that any reciprocal indemnity provision between the vessel and the employer is enforceable notwithstanding LHWCA §905(b), which bars employers from indemnifying the vessel from LHWCA liability. Since the drilling company and the oil company each indemnified the other, the indemnification is reciprocal and therefore valid under the LHWCA. Demette v. Falcon Drilling Co., No. 00-30165 (5th Cir. June 12, 2001) (33 pp.).

red bar graphic ENERGY POLICY ACT (EPACT), TAX LAW, REFUNDS:

The Eighth Circuit held that an electric utility company that was a 70% owner of a nuclear power plant in Iowa can deduct 15 years' worth of EPACT assessments in the tax year that the liability was determined. In 1992, Congress enacted the EPACT, which established a fund for the decontamination and decommissioning of uranium-enrichment plants. Each utility was assessed an amount based on that utility's previous use of uranium-enrichment services, regardless of whether those services were purchased directly from the DOE or on the secondary market. Also in 1992, pursuant to the EPACT, the company became liable for 15 special assessments totaling over $16 million. It made the first payment in 1993. The company filed an amended corporate federal income tax for 1992 seeking a tax refund, arguing that the liability for the entire $16 million assessment was incurred in 1992 even though none of it had been paid. The Internal Revenue Service denied the refund. However, as an accrual method taxpayer, income to the company is taxable in the year the income is accrued even if it is not received that year. Likewise, liability is incurred, and generally taken into account for federal income tax purposes, in the taxable year in which all events have occurred that establish the fact of the liability, the amount of the liability can be determined with reasonable accuracy, and economic performance has occurred with respect to liability. Here, the "all events" test was satisfied in 1992 with the passage of the EPACT, and the amount of liability was known in 1992. Moreover, economic performance occurred in 1992. The EPACT assessments are properly characterized as arising out of the provision of uranium-enrichment services, all of which had been provided by the time the EPACT payments were assessed in 1992. Thus, the company was entitled to a refund in 1992. In a separate matter, the court also held that because the company's American Depository Receipts transactions had both economic substance and business purpose and were valid for tax purposes, the company was entitled to a foreign tax refund. IES Industries, Inc. v. United States, Nos. 00-1221, -1535 (8th Cir. June 14, 2001) (16 pp.).

red bar graphic NEPA, CATEGORICAL EXCLUSION, AIRPORT CLOSURE:

The Eighth Circuit denied petitions to review the Federal Aviation Administration's (FAA's) decision to categorically exclude the closure of a public use airport in Kansas City, Missouri, from NEPA's EA requirement, and to release Kansas City's federal obligations to maintain the property as an airport so the city could maintain the property as a rail-truck distribution facility. Petitioners argued that the FAA acted arbitrarily and capriciously in determining that a categorical exclusion applied to the airport's closure and asserted that several extraordinary circumstances required the FAA to take a closer look by completing an EA. The closure, however, was not highly controversial on environmental grounds.Further, the FAA considered the distribution facility's potential for community disruption, traffic, and noise in deciding that a categorical exclusion applied, and it adequately determined that the facility's air quality effects would not rise to a significant level. The FAA also considered relevant factors pertaining to impacts on historical property and the availability of relocation housing. In addition, the FAA's decision to release the city's federal obligations to maintain the property as an airport was not arbitrary, capricious, or contrary to law under the Surplus Property Act. The FAA reasonably determined that the release provides a net benefit to aviation and, therefore, is "necessary" to advance and protect civil aviation within the meaning of the statute. Friends of Richards-Gebaur Airport v. Federal Aviation Administration, No. 00-1050 (8th Cir. June 11, 2001) (26 pp.).

red bar graphic HYDROELECTRIC PROJECT, LICENSING, FISH POPULATIONS:

The Ninth Circuit denied environmental groups' petitions to review FERC's decision not to bring an enforcement action against a city for violating the terms of its operating license for a hydroelectric project on the Cowlitz River, Washington. In 1967, the city and a Washington state environmental agency entered into an agreement whereby the city agreed to maintain specified levels of fish populations in the river. Thirty years later, environmental groups filed a complaint before FERC alleging that the city was in violation of the agreement. FERC summarily dismissed the complaint because the agreement was a private contract between the city and the state agency, thus, violations of the agreement did not amount to violations of the license. Although FERC was correct in concluding that any violations of the agreement did not constitute violations of the license, it erred in summarily dismissing the groups' complaint. The groups raised material issues of fact that would, if proven true, amount to license violations. Moreover, FERC's preference for addressing the problem of potential license violations and declining fish stocks through the relicensing process does not constitute a valid legal basis for disposing of the complaint. Nevertheless, FERC did not err in failing to bring an enforcement action against the city. An agency's decision not to take enforcement action is presumed to be immune from judicial review unless Congress has provided guidelines for the agency to follow in exercising its enforcement powers. No such guidelines are provided in the Federal Power Act; thus, the court lacks jurisdiction to compel FERC to enforce the terms of the license. Likewise, FERC did not abuse its discretion in failing to investigate the groups' complaint or to hold an evidentiary hearing. Friends of the Cowlitz v. Federal Energy Regulatory Commission, No. 99-70373 (9th Cir. June 14, 2001) (20 pp.).

red bar graphic ESA, CANDIDATE SPECIES, PETITION TO LIST, PETITION MANAGEMENT GUIDANCE POLICY:

The Ninth Circuit held that the FWS' petition management guidance policy violated the plain terms of the ESA and that the DOI Secretary improperly relied on it when she refused to issue 12-month findings in response to a biodiversity group's petitions to list the Chiricahua leopard frog and the Gila chub. The policy provides that a petition for an action on a species identical or equivalent to a petition still pending does not require a response in the Federal Register and instead only requires a 30-day response informing the petitioners of the prior petition and its status. The policy also equates species identified as candidates for listing with those species designated "warranted but precluded" under ESA §4(b)(3)(B)(iii). Here, the frog and chub were already candidate species when the group submitted its petitions. Thus, the Secretary, relying on the policy, never issued findings as required by the ESA. The petition management guidance policy, however, is invalid. A species identified as a candidate for listing does not constitute a finding that the petitioned action is warranted but precluded. When a species is designated as a candidate for listing, the Secretary need not explain why more immediate action is needed. Yet when the listing of a species is deemed warranted but precluded, the Secretary must publish a description and evaluation of the reasons and data on which the finding is based. Moreover, the Secretary's warranted but precluded findings are subject to judicial review, but candidate status does not provide an adequate basis for judicial review. Last, the policy allows the Secretary to sidestep the ESA's mandatory deadlines for action on species subject to petitions. The Secretary, therefore, improperly refused to make the necessary findings in response to the groups' petitions. Center for Biological Diversity v. Norton, No. 00-16020 (9th Cir. June 20, 2001) (16 pp.).

red bar graphic CERCLA, STANDING, MEDICAL MONITORING:

The Ninth Circuit held that an individual lacks standing to compel the DOE to make budget requests and to reprogram existing funds for the Agency for Toxic Substances and Disease Registry's (ATSDR's) implementation of a medical monitoring program in connection with a DOE facility listed on the NPL. The ATSDR had concluded that the DOE facility presented a significant increased risk of adverse health effects in humans from exposure to hazardous substances due to toxic waste at the site. Once this "significant risk" determination was made, the ATSDR was required to implement a medical monitoring program under CERCLA §104(i)(9). The ATSDR has yet to do so. Because the individual, who grew up near the facility, was injured due to exposure from the site, she is eligible to participate in the medical monitoring program. The individual, however, failed to show how including funding for the ATSDR's medical monitoring program in the DOE's budget request would result in the program actually being carried out. The individual's injury is manifestly the product of the independent action of the ATSDR, a third party not before the court. Although the DOE is liable for the costs of the program, the ATSDR is responsible for implementing the program. Thus, her injury is not "fairly traceable" to the DOE's actions. Moreover, requiring the DOE to include the program in its budget request would not necessarily result in the ATSDR's implementation of that program. Thus, she also failed to demonstrate the redressibility prong of standing. Pritikin v. Department of Energy, No. 99-35581 (9th Cir. June 13, 2001) (16 pp.).

red bar graphic  ESA, MONK SEALS, BOTTOMFISH FISHERY MANAGEMENT PLAN (FMP):

A district court reversed a holding that mooted an environmental group's ESA §7 claim pertaining to the bottomfish fishery in the Northwest Hawaiian Islands, but the court held that the National Marine Fisheries Service (NMFS) adequately assessed whether the FMP implementation would jeopardize the continued existence of the monk seal and denied the group's motion for an injunction against the implementation of the bottomfish FMP. The district court originally held that the group's ESA §7 bottomfish fishery claim was moot because the claim only sought reinitiation of formal consultation on the bottomfish FMP, and not a declaratory judgment that past FMP consultations were inadequate. Therefore, the NMFS' voluntary reinitiation of formal consultation mooted the group's ESA §7 claim. Nevertheless, Fed. R. Civ. P. 15(b) allowed amendment of the group' s pleadings because the pleadings put the government on notice that the group might pursue declaratory relief as to the adequacy of the NMFS consultation on the bottomfish FMP, and the government would not be prejudiced. The group's ESA §7 claim should then be construed as a claim for declaratory judgment that past FMP consultation violated ESA §7(a)(2) and, thus, FMP implementation should be enjoined. However, the NMFS adequately assessed whether implementation of the bottomfish FMP would jeopardize the continued existence of the Hawaiian monk seal. The NMFS prepared two biological opinions that found the FMP is not likely to jeopardize the continued existence of the monk seal. Moreover, the opinions are not arbitrary and capricious. Evidence of the impact of prey competition on the fishery did not arise until after the completion of the opinions. The NMFS addressed evidence of intentional harm to the seals and reasonably concluded that harm was unlikely. And, the record at the time of the opinions did not include evidence that bottomfish fishers impacted seals by discarding by-catch containing toxins that intoxicated the seals. In addition, the group's motion to permanently enjoin FMP implementation until the NMFS completes an EIS and new biological opinion is denied. The record indicates that the FMP implementation would not present a reasonable likelihood of injury or result in irreparable harm to the monk seals. Greenpeace Foundation v. Evans, No. 00-00068 SPK-KSC (D. Haw. June 14, 2001) (15 pp.) (Defense counsel included Mark A. Brown of the DOJ in Washington DC).


  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 proposed rule revisions that would modify the existing requirements for sources affected by the federal Nitrogen Oxide (NOx) Budget Trading Program, the Acid Rain Program, and the October 27, 1998, NOx SIP Call. The proposed revisions would streamline and add flexibility to the monitoring and reporting requirements in response to the significant changes that have occurred in power generation in recent years due to deregulation and recent environmental actions initiated by EPA to reduce NOx emissions. 66 FR 31977 (6/13/01). 

  • EPA withdrew two provisions from its April 10, 2001, direct final rule concerning standards of performance for electric utility steam generating units for which construction is commenced after September 18, 1978, and for industrial-commercial-institutional steam generating units (66 Fed. Reg. 18546), due to adverse comments. 66 FR 31177 (6/11/01).

  • EPA proposed a federal plan to implement emission guidelines for small municipal waste combustion units located in states and tribal lands without EPA-approved and effective state or tribal plans.  66 FR 32483 (6/14/01). 

  • EPA announced the availability of a preliminary draft document, Review of the National Ambient Air Quality Standards for Particulate Matter: Policy Assessment of Scientific and Technical Information (Preliminary Draft Staff Paper). 66 FR 32621 (6/15/01). 

  • EPA proposed to change the boundaries of the Searles Valley, California, moderate nonattainment area for particulate matter with an aerodynamic diameter of 10 microns or less (PM10) by dividing the area into three separate nonatainment areas: Coso Junction, Indian Wells Valley, and Trona, and proposed to find that the proposed Coso Junction and Indian Wells Valley nonattainment areas have not attained the 24-hour and annual PM10 NAAQS by the CAA mandated attainment date for moderate nonattainment areas. 66 FR 31873 (6/13/01). 

  • EPA proposed to find that the Spokane, Washington, nonattainment area attained the NAAQS for carbon monoxide as of December 31, 2000. 66 FR 32595 (6/15/01). 

  • EPA proposed to approve Kentucky's and Indiana's requests to redesignate the Louisville area to attainment for the one-hour ozone NAAQS. 66 FR 33505 (6/22/01). 

  • EPA proposed to fully approve the operating permit programs of the North Carolina Department of Environment and Natural Resources, the Mecklenburg County Department of Environmental Protection, and the Western North Carolina Regional Air Quality Agency. 66 FR 31575 (6/12/01). 

red bar graphic  ENDANGERED SPECIES:



  • FWS and the U.S. Forest Service amended the operating regulations of the Federal Subsistence Management Program in Alaska by expanding the authority that the Federal Subsistence Board may delegate to agency field officials and clarifying the procedures for enacting emergency or temporary restrictions, closures, or openings. 66 FR 31533 (6/12/01). 

  • FWS and the U.S. Forest Service announced that the Federal Subsistence Board issued emergency closures to protect chinook and chum salmon escapement in the Kuskokwim River drainage and chinook and summer-run chum salmon escapement in the Yukon River drainage. 66 FR 32750 (6/18/01).

  • FWS is reevaluating its decision with respect to grizzly bear recovery in the Bitterroot Ecosystem, published November 17, 2000 (65 Fed. Reg. 69644), and is proposing to select the No Action Alternative as its preferred alternative for reintroducing grizzly bears in the area. 66 FR 33619 (6/22/01). 

  • The National Marine Fisheries Service, in order to protect threatened and endangered sea turtles, is requiring all Virginia permitted fishermen deploying pound nets with leaders measuring 8 inches or greater stretched mesh and leaders with stringers to tie up such leaders in the Virginia waters of the mainstem Chesapeake Bay and tributaries for 30 days. 66 FR 33489 (6/22/01). 

red bar graphic  HAZARDOUS AND SOLID WASTES:



  • EPA entered into a proposed administrative settlement under CERCLA §122(h) in connection with the Economy Plating Co., Inc., site in Cleveland, Ohio. 66 FR 32809 (6/18/01). 

  • EPA proposed to authorize revisions to California's hazardous waste program under RCRA. 66 FR 33037 (6/20/01). 

red bar graphic  MINING:



  • DOI revised the Abandoned Mine Land (AML) Reclamation Program Guidelines by incorporating new procedures found in the AML Enhancement rule, which was published on February 12, 1999 (64 Fed. Reg. 7470). 66 FR 31250 (6/11/01). 

red bar graphic  SMCRA PROGRAM APPROVALS:


red bar graphic  RADIOACTIVE WASTE:



  • EPA promulgated public health and safety standards for radioactive material stored or disposed of in the potential repository at Yucca Mountain, Nevada. 66 FR 32073 (6/13/01). 

red bar graphic  UNDERGROUND STORAGE TANKS:



  • EPA granted final approval to North Carolina to operate its UST program for petroleum and hazardous substances. 66 FR 32564 (6/15/01). 

  • EPA codified its approval of North Carolina's UST program and incorporated by reference into 40 C.F.R. part 282 appropriate provisions of the state's statutes and regulations. 66 FR 32566 (6/15/01).

red bar graphic  DOJ NOTICES OF SETTLEMENT:



  • U.S. v. Ameron International Corp., No. S01-CV-1544 (D. Md. May 29, 2001) (settling CERCLA defendants must pay $799,500 in past U.S. response costs incurred at the Ainsworth Paint and Chemical Superfund site in Baltimore, Maryland), 66 FR 31692 (6/12/01);

  • U.S. v. Johnson, No. 1-00-0575-22 (D.S.C. May 22, 2001) (settling CERCLA defendants must pay $976,000 in EPA response costs incurred and to be incurred at the U.S. Steel Agrichem Old Blue Chemical Superfund site in Fairfax, South Carolina), 66 FR 31693 (6/12/01);

  • U.S. v. Central Illinois Public Service Co., No. 01-00586CV-W1 (W.D. Mo. June 6, 2001) (settling CERCLA defendants must pay $173,700.49 in past U.S. response costs incurred in connection with the Martha C. Rose Chemicals, Inc., Superfund site in Holden, Missouri), 66 FR 33556 (6/22/01);

  • U.S. v. IBM Corp., No. 01-B-1017 (D. Colo. June 4, 2001), (a settling CERCLA defendant must pay $460,000 in past U.S. response costs incurred at the Rocky Flats Industrial Park Superfund site in Jefferson County, Colorado), 66 FR 33557 (6/22/01);

  • U.S. v. J.H. Baxter & Co., No. C01-2024-SC (N.D. Cal. May 30, 2001) (settling CERCLA defendants must pay $1,310,300 in past U.S. response costs incurred at the J.H. Baxter Superfund site in Weed, California, to the Hazardous Substance Superfund and must pay response costs incurred in the future), 66 FR 33557 (6/22/01);

  • U.S. v. Wal-Mart Stores, Inc., No. 01-5115 (W.D. Ark. June 7, 2001) (settling CWA defendants that violated the Act in connection with 17 construction sites located in Massachusetts, New Mexico, Oklahoma, and Texas, must pay a $1 million civil penalty and must implement an environmental management plan at future construction sites), 66 FR 33557 (6/22/01).

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

THE CONGRESS
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red bar graphic  CHAMBER ACTION



  • H.R. 1157 (salmon habitat restoration), which would authorize the Secretary of Commerce to provide financial assistance to Alaska, California, Idaho, Oregon, and Washington for salmon habitat restoration projects in coastal waters and upland drainages, was passed by the House. 147 Cong. Rec. H3082 (daily ed. June 13, 2001).

  • H.R. 2217 (appropriations; DOI), which would make appropriations for the DOI and related agencies for the fiscal year ending September 30, 2002, was passed by the House. 147 Cong. Rec. H3363 (daily ed. June 21, 2001). 

red bar graphic  COMMITTEE ACTION



  • H.R. 643 (African Elephant Conservation Act) was reported by the House Committee on Resources. H. Rep. No. 107-93, 147 Cong. Rec. H3066 (daily ed. June 12, 2001). The bill would reauthorize the African Elephant Conservation Act.

  • H.R. 700 (Asian Elephant Conservation Act) was reported by the House Committee on Resources. H. Rep. No. 107-94, 147 Cong. Rec. H3066 (daily ed. June 12, 2001). The bill would reauthorize the Asian Elephant Conservation Act of 1997.

red bar graphic  BILLS INTRODUCED



  • S. 1006 (Hagel, R-Neb.) (renewable fuels) would provide for the energy security of the United States and promote environmental quality by enhancing the use of motor vehicle fuels from renewable sources. 146 Cong. Rec. S6008 (daily ed. June 8, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1008 (Byrd, D-W. Va.) (climate change) would amend the Energy Policy Act of 1992 to develop the United States Climate Change Response Strategy with the goal of stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, while minimizing adverse short-term and long-term economic and social impacts, aligning the Strategy with United States energy policy, and promoting a sound national environmental policy. 147 Cong. Rec. S6008 (daily ed. June 8, 2001). The bill would also establish a research and development program that focuses on bold technological breakthroughs that make significant progress toward the goal of stabilization of greenhouse gas concentrations and would establish the National Office of Climate Change Response within the Executive Office of the President. The bill was referred to the Committee on Governmental Affairs.

  • S. 1010 (Helms, R-N.C.) (hydroelectric power) would extend the deadline for commencement of construction of a hydroelectric project in North Carolina. 147 Cong. Rec. S6055 (daily ed. June 11, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1011 (Graham, D-Fla.) (national parks) would provide the financial mechanisms, resource protections, and professional skills necessary for high quality stewardship of the National Park System and to recognize the importance of high quality outdoor recreational opportunities on federally managed land. 147 Cong. Rec. S6055 (daily ed. June 11, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1023 (Snowe, R-Me.) (land conveyance) would modify the land conveyance authority with respect to the Naval Computer and Telecommunications Station, Cutler, Maine. 147 Cong. Rec. S6127 (daily ed. June 12, 2001). The bill was referred to the Committee on Armed Services. 

  • S. 1028 (Daschle, D-S.D.) (land conveyance) would direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal Features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission. 147 Cong. Rec. S6211 (daily ed. June 13, 2001). The bill was referred to the Committee on Energy and Natural Resources.  

  • S. 1033 (Stabenow, D-Mich.) (CWA) would amend the CWA to protect one fifth of the world's fresh water supply by directing the Administrator of EPA to conduct a study on the known and potential environmental effects of oil and gas drilling on land beneath the water in the Great Lakes. 147 Cong. Rec. S6212 (daily ed. June 13, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1034 (Stabenow, D-Mich.) (aquatic nuisance) would amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Secretary of Transportation to promulgate and review regulations to ensure, to the maximum extent practicable, that vessels entering the Great Lakes do not spread nonindigenous aquatic species, and to require treatment of ballast water and its sediments through the most effective and efficient techniques available. 147 Cong. Rec. S6212 (daily ed. June 13, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1035 (Stabenow, D-Mich.) (Great Lakes) would establish programs to protect the resources of and areas surrounding the Great Lakes. 147 Cong. Rec. S6212 (daily ed. June 13, 2001). The bill was referred to the Committee on Banking, Housing, and Urban Affairs. 

  • S. 1043 (Reid, D-Nev.) (hydroelectric power) would extend the deadline for commencement of construction of a hydroelectric project in Nevada. 147 Cong. Rec. S6318 (daily ed. June 14, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1044 (Sarbanes, D-Md.) (CWA) would amend the CWA to provide assistance for nutrient removal technologies to states in the Chesapeake Bay watershed. 147 Cong. Rec. S6318 (daily ed. June 14, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1045 (Sarbanes, D-Md.) (Chesapeake Bay; appropriations) would amend the National Oceanic and Atmospheric Administration Authorization Act of 1992 to revise and enhance authorities and would authorize appropriations for the Chesapeake Bay Office. 147 Cong. Rec. S6318 (daily ed. June 14, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation. 

  • S. 1051 (Warner, R-Va.) (land acquisition) would expand the boundary of the Booker T. Washington National Monument. 147 Cong. Rec. S6318 (daily ed. June 14, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1057 (Akaka, D-Haw.) (land acquisition) would authorize the addition of lands to Pu'uhonua o Honaunau National Historical Park in Hawaii. 147 Cong. Rec. S6318 (daily ed. June 14, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1061 (McConnell, R-Ky.) (Cumberland Gap National Historic Park) would authorize the Secretary of the Interior to acquire Fem Lake and the surrounding watershed in Kentucky and Tennessee for addition to Cumberland Gap National Historic Park. 147 Cong. Rec. S6448 (daily ed. June 19, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1064 (Bond, R-Mo.) (CERCLA) would amend CERCLA to provide certain relief from liability for small businesses.147 Cong. Rec. S6448 (daily ed. June 19, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1068 (Boxer, D-Cal.) (electric energy prices) would provide refunds for unjust and unreasonable charges on electric energy. 147 Cong. Rec. S6518 (daily ed. June 20, 2001). The bill was referred to the Committee on Energy and Natural Resources.  

  • S. 1069 (Levin, D-Mich.) (national trails) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers from the majority of the trails in the system. 147 Cong. Rec. S6518 (daily ed. June 20, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1071 (Bond, R-Mo.) (air emissions; congestion mitigation) would amend title 23, United States Code, to require consideration under the congestion mitigation and air quality improvement program of the extent to which a proposed project or program reduces sulfur or atmospheric carbon emissions and would make renewable fuel projects eligible under that program. 147 Cong. Rec. S6518 (daily ed. June 20, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1078 (Levin, D-Mich.) (brownfields) would promote brownfields redevelopment in urban and rural areas and spur community revitalization in low-income and moderate-income neighborhoods. 147 Cong. Rec. S6601 (daily ed. June 21, 2001). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.

  • S. 1079 (Levin., D-Mich.) (brownfields) would amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfields sites. 147 Cong. Rec. S6601 (daily ed. June 21, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1082 (Torricelli, D-N.J.) (environmental remediation costs) would amend the Internal Revenue Code of 1986 to expand the expensing of environmental remediation costs. 147 Cong. Rec. S6601 (daily ed. June 21, 2001). The bill was referred to the Committee on Finance.

  • S. 1086 (Corzine, D-N.J.) (offshore drilling) would amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the Outer Continental Shelf in the Mid-Atlantic and North Atlantic planning areas. 147 Cong. Rec. S6601 (daily ed. June 21, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 2119 (Simpson, R-Idaho) (national forests) would establish a program to designate, restore, and sustain historic native forests on National Forest System lands. 147 Cong. Rec. H3002 (daily ed. June 8, 2001). The bill was referred to the Committees on Agriculture, and Resources.

  • H.R. 2131 (Portman, R-Ohio) (forest conservation) would reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2004. 147 Cong. Rec. H3067 (daily ed. June 12, 2001). The bill was referred to the Committee on International Relations. 

  • H.R. 2141 (Thompson, D-Cal.) (electricity) would require electric generation facilities owned and operated by the Department of Defense in the western United States to generate electricity and to conserve energy in electric emergencies. 147 Cong. Rec. H3068 (daily ed. June 12, 2001). The bill was referred to the Committees on Armed Services, and Energy and Commerce.

  • H.R. 2144 (Woolsey, D-Cal.) (forestry) would direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to establish a Sudden Oak Death Syndrome Advisory Committee. 147 Cong. Rec. H3068 (daily ed. June 12, 2001). The bill was referred to the Committee on Agriculture.

  • H.R. 2150 (Baldaci, D-Me.) (land conveyance) would modify the land conveyance authority with respect to the Naval Computer and Telecommunications Station, Cutler, Maine. 147 Cong. Rec. H3149 (daily ed. June 13, 2001). The bill was referred to the Committee on Armed Services. 

  • H.R. 2154 (Filner, D-Cal.) (DOD environmental compliance) would amend title 10, United States Code, to require the DOD and all other defense-related agencies of the United States to fully comply with federal and state environmental laws, including certain laws relating to public health and worker safety, that are designed to protect the environment and the health and safety of the public, particularly those persons most vulnerable to the hazards incident to military operations and installations, such as children, members of the Armed Forces, civilian employees, and persons living in the vicinity of military operations and installations. 147 Cong. Rec. H3149 (daily ed. June 13, 2001). The bill was referred to the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, Resources, Education and the Workforce, and the Judiciary. 

  • H.R. 2167 (Stupak, D-Mich.) (CWA) would amend the CWA to protect one fifth of the world's fresh water supply by directing the Administrator of EPA to conduct a study on the known and potential environmental effects of oil and gas drilling on land beneath the water in the Great Lakes. 147 Cong. Rec. H3150 (daily ed. June 13, 2001). The bill was referred to the Committee on Transportation and Infrastructure, Energy and Commerce, and Resources.

  • H.R. 2169 (Wynn, D-Md.) (hydroelectric power) would extend the deadline under Part I of the Federal Power Act for commencement of construction of a hydroelectric project in Nevada. 147 Cong. Rec. H3150 (daily ed. June 13, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2181 (DeFazio, D-Or.) (forestry trade) would  impose certain restrictions on imports of softwood lumber products of Canada. 147 Cong. Rec. H3201 (daily ed. June 14, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 2183 (Engel, D-N.Y.) (SDWA) would amend the SDWA to allow public water systems to avoid filtration requirements. 147 Cong. Rec. H3201 (daily ed. June 14, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 2184 (Engel, D-N.Y.) (renewable energy) would amend the Internal Revenue Code of 1986 to expand the energy credit to include investment in property which produces energy from certain renewable sources and expenditures for cool roofing. 147 Cong. Rec. H3201 (daily ed. June 14, 2001). The bill was referred to the Committees on Ways and Means, Energy, and Commerce. 

  • H.R. 2186 (Goodlatte, R-Va.) (soil conservation) would amend the Soil Conservation and Domestic Allotment Act to ensure that states and local governments can quickly and safely remove flood debris so as to reduce the risk and severity of subsequent flooding. 147 Cong. Rec. H3201 (daily ed. June 14, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 2187 (Hefley, R-Colo.) (mineral leasing) would amend title 10, United States Code, to make receipts collected from mineral leasing activities on certain naval oil shale reserves available to cover environmental restoration, waste management, and environmental compliance costs incurred by the United States with respect to the reserves. 147 Cong. Rec. H3201 (daily ed. June 14, 2001). The bill was referred to the Committees on Resources, and Energy and Commerce. 

  • H.R. 2190 (McCarthy, D-Mo.) (renewable energy) would reauthorize and revise the Renewable Energy Production Incentive program. 147 Cong. Rec. H3202 (daily ed. June 14, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2202 (Rehberg, R-Mont.) (water resources) would convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts. 147 Cong. Rec. H3202 (daily ed. June 14, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 2204 (Rush, D-Ill.) (energy prices) would establish a Consumer Energy Commission to assess and provide recommendations regarding recent energy price spikes from the perspective of consumers. 147 Cong. Rec. H3202 (daily ed. June 14, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 2206 (Terry, R-Neb.) (energy efficient property) would amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy efficient property placed in service or installed in an existing principal residence or property used by businesses. 147 Cong. Rec. H3202 (daily ed. June 14, 2001). The bill was referred to the Committee on Ways and Means. 

  • H.R. 2207 (Thurman, D-Fla.) (water and sewer facilities) would amend the Internal Revenue Code of 1986 to provide that the volume cap for private activity bonds shall not apply to bonds for water and sewage facilities. 147 Cong. Rec. H3202 (daily ed. June 14, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 2249 (Blunt, R-Mo.) (CAA) would amend CAA §211 to require a more uniform formula for gasoline and diesel fuel so that gasoline and diesel fuel manufactured for one region of the country may be transported to and sold in other regions of the country. 147 Cong. Rec. H3357 (daily ed. June 20, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2264 (Weller, R-Ill.) (environmental remediation) would amend the Internal Revenue Code of 1986 to expand the expensing of environmental remediation costs. 147 Cong. Rec. H3463 (daily ed. June 21, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 2266 (Allen, D-Me.) (mercury contamination) would reduce the risk of the accidental release of mercury into the environment by providing for the temporary storage of private sector supplies of mercury at facilities of the DOD currently used for mercury storage and would require the EPA Administrator to appoint a task force to develop a plan for the safe disposal of mercury. 147 Cong. Rec. H3464 (daily ed. June 21, 2001). The bill was referred to the Committees on Energy and Commerce, and Armed Services.

  • H.R. 2285 (LoBiondo, R-N.J.) (oil and gas leases) would prohibit the Secretary of the Interior from issuing oil and gas leases on portions of the Outer Continental Shelf located off the coast of New Jersey. 147 Cong. Rec. H3464 (daily ed. June 21, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2289 (Paul, R-Tex.) (John H. Chafee Coastal Barrier Resources System) would exclude certain properties from the John H. Chafee Coastal Barrier Resources System. 147 Cong. Rec. H3465 (daily ed. June 21, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2298 (Wu, D-Or.) (Savannah River nuclear waste facility) would eliminate the use of the Savannah River nuclear waste separation facilities in South Carolina. 147 Cong. Rec. H3465 (daily ed. June 21, 2001). The bill was referred to the Committees on Energy and Commerce, and Armed Services.

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

IN THE STATES
large red bar graphic


red bar graphic ALABAMA


Dept. of Envtl. Management


Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Legislature


Cruise Ship Wastewater, Air Pollution Control Legislation Enacted



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


Final annual fee schedule for aquifer protection permitting actions during FY2002 



Proposed Regulations-Air Quality-Emission Banking



 




Safe Drinking Water Workshops Announced



Drinking Water-Monitoring Assistance Program (MAP) Current, Proposed Fees



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 January 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



Proposed Corrective Action-Remediation of Contaminated Soil/Groundwater



Current Air Quality Readings/Forecasts


red bar graphic CALIFORNIA


Office of the Governor


Energy Executive Orders




  • Executive Order D-40-01, issued June 12, intended to help avoid blackouts and minimize operation of backup diesel generators by allowing natural gas-fired power plants to run at maximum capacity during the summer of 2001. According to municipal utilities and other power facilities, the Governor's action could result in up to 1200 MW of additional power this summer by expanding the number of hours of operation at natural gas-fired plants. Natural gas-fired power plants will be allowed to operate in excess of their hourly, daily, quarterly and/or annual emission limitations if the additional power is sold to the California Department of Water Resources; serves a local load; or is sold to another California-based utility. The gas-fired plants must pay a mitigation fee to the local air districts of $7.50 per pound of oxides of nitrogen (NOx) and $1.10 per pound of carbon monoxide emitted. These mitigation fees will be used to clean up or retire other sources of pollution in the same air basin. The Order preempts any inconsistent activities by the Air Resources Board or by local regulators such as the South Coast Air Quality Management District. See http://www.governor.ca.gov/state/govsite/gov_html  



  • Executive Order No. D-38-01, signed June 6, mandates that each California Independent System Operator shall, no later than June 15, (1) forecast to the general public the potential for rolling blackouts 48 hours in advance and updated 24 hours in advance, based upon such factors as weather, outages, supply and demand; (2) provide frequent updates to the public during periods of forecasted electricity emergencies; and (3) notify utilities and public safety agencies at least one hour in advance of any firm load curtailment. See http://www.governor.ca.gov/state/govsite/gov_html


Air Resources Board


June 28-29 Board Meeting Agenda



  • Available at http://www.arb.ca.gov/board/ma/ma062801.htm

  • Public Hearing to Consider Proposed Amendments to the California Zero-Emission Vehicle Regulations Regarding Treatment of Majority Owned Small or Intermediate Volume Manufacturers and Infrastructure Standardization. Staff will be presenting two modifications to the California Zero Emission Vehicle Requirements for the Board's consideration. The first modification clarifies the way manufacturer vehicle volumes and their associated zero-emission vehicle requirements are calculated for companies involved in multi-manufacturer ownership arrangements. The second modification requires a single charging system, on-board conductive for battery electric vehicles. See http://www.arb.ca.gov/regact/charger/charger.htm

  • Public Meeting to Consider the Smoke Management Guidelines Program Implementation Status. In March 2000, the Board adopted amendments to California's Agricultural Burning Guidelines and established the Smoke Management Guidelines for Agricultural and Prescribed Burning. The Board directed staff to work with air districts and other stakeholders on the implementation of the Guidelines including development of a uniform smoke management plan template, program costs, and other program tools. The Board also directed staff to report back with recommendations on how to address backyard residential burning. Staff will summarize the status of air district program implementation working groups and provide recommendations for addressing residential burning. See http://www.arb.ca.gov/smp/activity/activity.htm

  • Public Meeting to Consider the 2001 Biennial Report to the Legislature on the Phase-Down of Rice Straw Burning in the Sacramento Valley Air Basin. The Connelly-Areas-Chandler Rice Straw Burning Reduction Act of 1991 requires the ARB and the California Department of Food and Agriculture to prepare and submit a report to the Legislature every two years on progress in reducing the amount of rice straw burned in the Sacramento Valley. This report focuses on activities occurring since the 1999 report. The ARB is also required to submit a report presenting findings regarding the air quality, public health, and economic impacts associated with the burning of rice straw during the years 1998 to 2000, when the phase-down schedule was paused at 200,000 acres. The "pause" report is incorporated in the 2001 biennial report. See http://www.arb.ca.gov/smp/rice/phsdown/phsdown.htm

45-Day Notice of Public Hearing--Adoption of Emission Standards and Test Procedures for New 2003 and Later Spark-Ignition Inboard and Sterndrive Marine Engines



45-Day Notice of Public Hearing--Adoption of Proposed Asbestos Airborne Toxic Control Measure (ACTM) for Construction, Grading, Quarrying, and Surface Mining Operations



Public Workshop Regarding New Emission Standards for In-Use Heavy-Duty Diesel-Fueled Refuse Removal Vehicles



Public Consultation Meetings Regarding Distributed Generation



Regulatory and Non-Regulatory Fuel Activities for 2001



Dept. of Toxic Substances Control


Guidance Document Availability



Draft Public Participation Policy Manual



Integrated Waste Management Board


Proposed Regulations-Insurance as a Financial Assurance Demonstration



  • Proposed regulatory amendments of two related financial assurance demonstration requirements under the general term of "insurance." The Board held a public hearing at their regularly scheduled meeting on May 22.  Following the hearing, the Board directed staff to initiate an extended 15-day comment period to allow for review of minor revisions to the regulations and additional stakeholder input. See http://www.ciwmb.ca.gov/Rulemaking/Insuranc/

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 August 25, 1993. On May 9, 1996, the Board’s Waste Tire Hauler Regulations became effective pursuant to Senate Bill (SB) 744. On January 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 Local Enforcement Agency (LEA) Designation



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

Proposed Regulations-Nonhazardous, Nonputrescible, Industrial Waste



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

Proposed Regulations-Compostable Materials



  • Placement of solid waste facilities and operations that handle compostable materials (green material--not composted, woody material--not composted) into regulatory tiers, development of minimum standards, and adjustment of existing regulations to accommodate the above placement. Public workshops in September 1999 were focused on odor monitoring and enforcement at compostable materials handling sites, as well as on regulatory concepts for the revision of the composting regulations. From early July through early August 2000, in eight venues throughout the state, the Board held workshops to discuss proposed changes to the regulations. Staff analyzed the information gathered at the workshops and revised the draft regulations accordingly. In December 2000, Board staff solicited feedback from an external working group and in January 2001, revised the regulations based on this feedback. The Board discussed issues related this package at its February 20-22, 2001, meeting. The Board will consider approval of the regulations for a 45-day public comment period at its June 19-20 meeting. See http://www.ciwmb.ca.gov/Rulemaking/organics/default.htm

Proposed Regulations-Tire Monofills



  • Staff is currently working on the permitting of tire monofills under the solid waste regulations. Staff distributed draft regulations for comment on March 7. The Board held a public workshop on March 12 to discuss the draft regulations. The Board approved the regulations for a 45-day public comment period at its May 22-23 meeting. See http://www.ciwmb.ca.gov/Rulemaking/Monofill/

Proposed Regulations-Grants-Use of Recycled Material



  • Playground Safety and Recycling Act Grants proposal. These regulations would implement the provisions of the Playground Safety and Recycling Act Grant Program relating to the award of grants to local public agencies and local public educational agencies to upgrade, repair, refurbish, install, or replace public playground facilities to prevent childhood injuries on public playgrounds while developing a market for recycled materials suitable for use in public playgrounds. The regulations will provide guidance to Board staff and to grant applicants in the administration of the grant program. Emergency Regulations for the Playground Safety and Recycling Act Grant Program, adopted by the Board at its April 18-19, 2000, meeting have been extended and are currently in effect. After directing staff to make some minor modifications to the proposed final rule, the Board at its April 24-25, 2001, meeting (Agenda item 38) approved the proposed permanent regulations to be noticed for a 45-day public comment period. Staff anticipates that the proposed permanent regulations will be published in the California Regulatory Notice Register in June or July. 

Water Resources Control Board


TMDL Development Public Notices, Drafts



Office of Environmental Health Hazard Assessment


Prioritization of Toxic Air Contaminants; Children's Environmental Health Protection Act



  • A revised version of the document "Prioritization of Toxic Air Contaminants Under the Children's Environmental Health Protection Act" is available at http://www.oehha.ca.gov/air/toxic_contaminants/SB25post.html This is the revised draft Scientific Review Panel (SRP) Review Draft. It contains revisions to the Introduction section in response to public comment and comments by the Scientific Review Panel. In addition, 6 of the original 10 summaries have also been revised, also in response to public comment and comments from the SRP. The revised summaries include those for acrolein, diesel exhaust particulate, polychlorinated dibenzo-p-dioxins and dibenzofurans and  PCBs (all in one summary), formaldehyde, lead, and polycyclic aromatic hydrocarbons. In addition, the original versions of the summaries for benzene, glycol ethers, mercury, and vinyl chloride are included. 

Proposed Regulations



  • Amendment to §12705, Specific Regulatory Levels Posing No Significant Risk.

  • Amendment to §12805, Specific Regulatory Levels, Reproductive Toxicants.

See http://www.oehha.ca.gov/prop65/law/Notrev53101.html


Chemical Listing



South Coast Air Quality Management District


Informational workshops for the 2000-2001 Annual Emissions Reporting (AER) Program


red bar graphic COLORADO


Legislature


Enacted Legislation



Air Quality Control Commission


Proposed Regulations-Regulation No.1, Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides



  • Proposal would delete provisions concerning coal fired utility boilers and remove uncertainties and confusion in the regulation; make revisions throughout the regulation to conform it with the credible evidence provisions adopted by the Commission into the Common Provisions Regulation in April, 2001; make revisions to clarify that the agricultural exemption does not include the open burning of animal parts and carcasses; add language to provide for the burning of animal parts and carcasses in a public health emergency proclaimed by the State (the Commission will consider what state agencies may proclaim such an emergency); delete provisions concerning livestock confinement operations; clarify that allowable emissions are summed using pounds per hour (because it is not possible to sum the pounds per million British thermal units); delete provisions concerning Alfalfa Dehydrating Plant Drums and provisions pertaining to Wigwam Burners; delete provisions addressing Static Firing of Pershing Missiles at Pueblo Army Depot; delete some provisions pertaining to Emission Standards for Existing Iron and Steel Plant Operations; and delete special regulations for refinery fluid bed catalytic cracking units in carbon monoxide nonattainment areas. The Commission will also consider making revisions to the regulation to address concerns of U.S. EPA regarding the opacity exemption at the Fort Carson Army Station and the deletion of provisions regarding the regulation of activities pertaining to oil shale. Hearing August 16. See http://www.cdphe.state.co.us/op/reg1_08_01.htm

Public Hearing-Requested Reopening of Operating Permit 



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 March 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 

red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Proposed Regulations-Air Quality-Proposed Revisions to State Implementation Plan for Ozone



Proposed Regulations-Hazardous Waste Management




  • Proposal would add two sections-the U.S. EPA universal waste rule and EPA standards for the management of used oil. The universal waste rule establishes management requirements for batteries, thermostats, pesticides, and lamps. This rule will facilitate the recycling of these wastes and help in removing them from the solid waste stream. The used oil management standards establish modified requirements for used oil generators, transporters, processors, re-refiners, burners, and marketers. Public hearing July 19, comments due July 24. See http://dep.state.ct.us/wst/hw/hwregs.htm


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


Legislature 


Environmental Litigation Reform Act Enacted




  • H.B. 1635 signed June 15. Legislation creates two new options–mediation and an administrative legal process–through which individuals and businesses can resolve less serious environmental violations. Up to eight hours of mediation will be paid out of the Ecosystem Management and Restoration Trust Fund, which is funded by penalties collected for environmental violations. The legislation also establishes an administrative penalty schedule, which sets specific penalties for specific environmental violations. Florida becomes the seventh state to enact such legislation, and the first to pay for mediation through penalty assessments. See  http://www.dep.state.fl.us/comm/releases/2001/01-121.htm, http://www.dep.state.fl.us/comm/releases/2001/01-121qa.htm, and http://www.leg.state.fl.us/session/index.cfm


Other Enacted Bills




  • H.B. 9, pertaining to the notification of local governments of applications submitted to DEP by solid waste management facility owners/operators.



  • H.B. 1221, Public Service Commission and full cost recovery by water supply facilties. 



  • H.B. 1863, maintenance service agreements with onsite sewage treatment systems.



  • S.B. 1376, increased funding for phosphogypsum stack abatement. 



  • S.B. 1524, expedited permitting for construction activity to implement the Comprehensive Everglades Restoration Plan.


See http://www.leg.state.fl.us/session/index.cfm


Dept. of Environmental Protection


Coastal Impact Assistance Program (CIAP) Plan


red bar graphic GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Proposed Regulations-Air Quality



  • Amendments to Rules for Air Quality Control, Chapter 391-3-1; Amendments to Georgia's Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20; Amendments to the Procedures for Testing and Monitoring Sources of Air Pollutants; Procedures for Calculating Air Permit Fees for Calendar Year 2000 ("Permit Fee Manual"). Public hearing was June 6. 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. EPD completed an analysis U.S. EPA requested. It indicates that the ground-level ozone expected to be formed in 2004 will be the same or less than what was expected in 2003, with the previous modeling. In preparing this proposed SIP revision, EPD considered the most current motor vehicle emissions information to evaluate the effects on ozone formation and to develop motor vehicle emissions budgets. This information indicates 2004 NOx will be 225.12 tons per day compared to 2003 NOx of 224.13 (+0.99 tons per day). 2004 VOC will be 106.25 tons per day compared to 2003 VOC of 132.21 (-25.96 tons per day). EPD’s analysis indicates that this large VOC reduction more than offsets the very slight NOx increase. In calculating the proposed motor vehicle emissions budgets, EPD also recalculated the projected benefits of the Partnership for a Smog-Free Georgia (The Clean Air Campaign) credits. After consulting with EPA, EPD is now proposing to take only half of the projected benefits of this program that were proposed in the original SIP submittal. (This change was considered in developing the proposed motor vehicle emission budgets). Finally, the proposed SIP also provides an analysis of possible reasonably available control measures. The Clean Air Act requires SIPs to contain such an analysis. EPD has strengthened this part of the SIP. The conclusion is that there may be other measures that could be put in place locally, but these would not advance attainment any faster due to the upwind NOx impact. Hearing June 28; comments due same date. See http://www.dnr.state.ga.us/dnr/environ

Air Permit Applications


red bar graphic HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphic IDAHO


Dept. of Envtl. Quality


Outstanding Resource Waters-Petitions



Pending Permit Applications


red bar graphic ILLINOIS


Pollution Control Board


Proposed Regulations





  • PCB is considering a proposal by IEPA to update and clarify rules and to make some substantive changes to the Site Remediation Program (SRP). Hearings have been held concerning In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code 740 (R01-27). The Board is also considering a proposal submitted by Citizens for a Better Environment (R01-29), which has been consolidated with R01-027. In R01-27 there are two proposed substantive changes to the Site Remediation Program. The first is establishment of "soil management zones" 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: Proposed Regulated Recharge Area for Pleasant Valley Public Water District, Proposed Amendments to 35 Ill. Adm. Code Part 617–The Board June 7 adopted a second notice opinion and order in this rulemaking to amend the Board’s public water supply regulations to establish the first regulated recharge area under section 17.3 of the Act (415 ILCS 5/17.3 (2000)). See http://www.ipcb.state.il.us/Meeting/minutes.htm



  • In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives: 35 Ill. Adm. Code 742–The Board June 7 adopted a second notice opinion and order in this matter to amend the standards for tiered approach to corrective action objectives (35 Ill. Adm. Code 742). (See also order creating R00-19(C)). See http://www.ipcb.state.il.us/Meeting/minutes.htm 



  • In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives
    (TACO) (35 Ill. Adm. Code 742)–The Board on its own motion on June 7 created a third sub-docket. In
    sub-docket R00-19(C), the Board will address the Illinois EPA proposal add clean up standards for methyl tertiary-butyl ether (MTBE). See http://www.ipcb.state.il.us/Meeting/minutes.htm 



  • 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: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2000 through December 31, 2000). Proposal for Public Comments adopted May 17, 2001; Illinois Register publication anticipated June 1, 2001.   



  • 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 April3. 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


Proposed Regulations-Indiana Scoring Model



  • Amends 329 IAC 7-2-6, 329 IAC 7-11-1, 329 IAC 7-11-2, 329 IAC 7-11-3 with a new maximum score of 10 to be eligible for deletion from the Commissioner's Bulletin and adds designations that can be attained for consideration for deletion. Senate Enrolled Act 360-1997 required rules be adopted by the solid waste management board to amend 329 IAC 7 concerning the Indiana Scoring Model and assessment of hazardous substance response sites and determine a maximum score to allow sites that either have been the subject of a successful remediation or score at or below the maximum score to be removed from the priority ranking if appropriate. A procedure for deleting a listed site from the priority ranking and a maximum score was established by LSA #98-110(F), which was effective Nov. 27, 1998. A maximum score of 5 was established. The procedures allowed for either a site to petition for deletion or for IDEM to initiate deletion of a site. After consideration of all sites on the list, it was determined by IDEM that this maximum score is inadequate to appropriately delete all the sites that have been the subject of a successful remediation. There are sites that pose no risk to human health or the environment but still accrue a score greater than 5. IDEM would like to again examine the maximum score for a site to be removed from the priority ranking and, in addition, the Department would also like to consider criteria or other approvals (designations) to be applied to a remediated site to determine appropriateness for that site to be deleted from the list. Public hearing Aug. 21.

Proposed Regulations-Drinking Water



  • IDEM is soliciting public comment on a new rule concerning the operation of water treatment plants and water distribution systems for public drinking water systems. Comments due June 30. 

Proposed Regulations-Wastewater Management



  • IDEM has developed draft rule language for new rules concerning management of wastewater. Cleaning of sewage disposal systems, wastewater transportation, wastewater disposal, and related business activities are included in the scope of the draft rules. The new article, 327 IAC 7.1, will replace 327 IAC 7. The new rule language will allow the agency to meet the requirements of 40 C.F.R. pt. 503 and 40 C.F.R. pt. 257 subpt. A regarding the land application of wastewater. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking. To reflect the new rules, IDEM will be repealing 327 IAC 7. See http://www.in.gov/legislative/register/Vol24/09Jun/11ID327970007.pdf

Proposed Regulations-Underground Storage Tanks



  • IDEM is soliciting public comment on amendments to rules at 329 IAC 9 concerning underground storage tanks. This rule will clarify language in the existing rule without adding new requirements. Several new definitions may be added such as "underground storage tank," "piping run," and "temporary closure.". This rule will also consider appropriate changes to make the rule consistent with IC 13-12-3-2 that allows cleanup programs and remediation programs to use either standard default options or a risk assessment (risk-based) approach for determining cleanup levels and methods for cleanups. IDEM seeks comments on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking. 

See http://www.in.gov/legislative/register/June-1-2001.html


Pending Permit Applications


red bar graphic  IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Proposed Regulations-Air Quality-General Permits




  • Proposed general permits or permits by rule for hot mix asphalt facilities, concrete batch plants, and aggregate processing plants. These amendments, which are proposed in response to a petition for rulemaking, incorporate three new permits by rule into Chapter 22, Iowa Admin. Code, and allow an eligible facility to seek permit–by–rule coverage in lieu of obtaining an individual construction permit. Permits by rule are proposed for hot mix asphalt facilities, concrete batch plants, and aggregate processing plants. Item 1 adds definitions for the following: aggregate processing plant; concrete batch plant; construction aggregate; hot mix asphalt; hot mix asphalt facility; and Portland concrete. Item 2 identifies the new forms to be used for each permit by rule contained in this Notice. These include three separate forms to be used to notify the Department that a hot mix asphalt facility, concrete batch plant, or aggregate processing plant is covered by a respective permit by rule and a fourth form to be used to notify the Department of the relocation of portable facilities, which is a condition of construction permit or permit–by–rule coverage. Item 3 clarifies that coverage under a permit by rule would satisfy the requirement for a permit. The current language implies that a permit must be obtained and does not address permit coverage under a permit by rule. Item 4 modifies the introductory language for the existing permit by rule for spray booths to make it consistent with the other permits by rule. The existing language is misleading with regard to the need for an operating permit and major source status. The revised language clarifies that the permit by rule may be used to satisfy construction permitting requirements. Item 5 proposes new subrules which contain the permits by rule for hot mix asphalt facilities, concrete batch plants, and aggregate processing plants. The subrules identify who is eligible for coverage under the permit by rule and describe the notification process to the Department. The subrules also include eligibility requirements pertaining to coverage under a permit by rule. These eligibility requirements include operating permit conditions, emission limits, recordkeeping requirements, and material limits. Public hearing July 19, comments due July 27. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010613.html


Proposed Regulations-Animal Feeding Operations




  • Would amend Chapter 65, “Animal Feeding Operations,” Iowa Admin.Code. This amendment would impose a deadline to qualify for the exception allowing an owner of a confinement feeding operation to remove and apply manure from a manure storage structure in accordance with a manure management plan that has been submitted but not yet approved by DNR. Under this proposed amendment, manure management plans must be submitted to DNR prior to August 21, 2001, to qualify for the exception; manure management plans submitted on or after that date would have to be approved by the DNR before manure could be removed from a manure storage structure. Hearing July 3; comments due same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010613.html


Proposed Regulations-Solid Waste Disposal




  • Amends Chapter 102, “Permits,” Iowa Admin. Code. Iowa Code section 455B.306(6)“d” requires sanitary disposal projects to file an Emergency Response and Remedial Action Plan in conjunction with the issuance, renewal, or reissuance of a permit for a sanitary disposal project. That provision of the Iowa Code has not previously been implemented. The proposed amendment provides guidance and direction on development of an Emergency Response and Remedial Action Plan. The technical committee of the Iowa Society of Solid Waste Operations provided assistance in development of the proposed rule. Hearing July 5; comments due same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010613.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


Proposed Regulations-401 KAR 5:074 concerning concentrated animal feeding operations



Permit Applications  



Proposed, Draft TMDLs


red bar graphic LOUISIANA


Dept. of Envtl. Quality


Permit Applications


red bar graphic MAINE


Legislature


Mercury Control Legislation Enacted



Dept. of Envtl. Protection


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 was June 7; comments due June 28. See http://www.state.me.us/sos/cec/rcn/apa/notices/051601.htm

red bar graphic MARYLAND


Office of the Governor


Executive Order-Water Conservation



Executive Order-"Green" Power/Energy Conservation




  • Order creates a commission to make recommendations and set criteria for constructing and maintaining energy efficient and environmentally responsible state facilities, setting goals for the purchase of "green power," and outlining a comprehensive energy conservation strategy. See http://www.gov.state.md.us/gov/press/2001/mar/html/green.html


Dept. of the Environment


Public Meetings/Hearings     



Water Quality Standard-Triennial Review


red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


Final Regulations-Solid Waste Management



Final Guidance Document-Solid Waste Management




  • Interim Risk-Evaluation Guidance Document for Solid Waste Facility Site Assignment
    and Permitting in Support of 310 CMR 16 & 19.000. See http://www.state.ma.us/dep/new.htm 


Enforcement Actions


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Permitting Calendar  



Clean Corporate Citizen Designation Request



  • DEQ has received notice from Ford Motor Company, Engine Manufacturing Development Operations (Ford-EMDO), of its intent to apply for Clean Corporate Citizen (C3) designation. The C3 program provides incentives for improved environmental protection. Regulated establishments that have demonstrated environmental stewardship can receive C3 designation and public recognition for their efforts and are entitled to certain regulatory benefits. As part of the application process, Ford-EMDO will be accepting public comments and making its application available for public review until June 21, 2001. Contact Ford-EMDO directly to submit comments or for information on reviewing the application. Written comments may also be submitted directly to DEQ, Environmental Assistance Division, P.O. Box 30457, Lansing, Michigan 48909-7957, Attn: Clean Corporate Citizen Program. Please include the specific facility name in any letters submitted for public comment. Information Contact: David Russell, Environmental Engineer, Engine Manufacturing Development Operations, 313-337-5923.

Draft TMDL



 



  • Draft Huron River (Geddes Pond) Pathogen TMDL available for comment. This water body was included in Michigan’s Year 2000 §303(d) list due to elevated E. coli levels. The TMDL is being developed to identify the necessary pathogen reductions to meet water quality standards. Comments on the TMDL may be submitted to Christine Thelen, Michigan DEQ, Surface Water Quality Division, P.O. Box 30273, Lansing, Michigan 48909-7773, by July18, 2001. Copies of the draft report and list are available through Laura Smith at 517-335-4184, E-mail at smithla3@state.mi.us, or on the MDEQ Web Site, at http://www.deq.state.mi.us/swq/gleas/gleas.htm Information contact: Christine Thelen, Surface Water Quality Division, 517-373-6794, or E-mail at thelencf@state.mi.us


Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Proposed Regulations-Water Quality-Intent to Reissue NPDES and SDS General Permit for
Metal Finishing Pretreatment



Proposed Regulations-Water Quality-Intent to Reissue General NPDES and SDS Permit for Activities
Conducted At Sand And Gravel Mines, Rock Quarries And Hot Mix Asphalt Plants 



Permit Applications, Other Notices


red bar graphic  MISSOURI


Dept. of Natural Resources




Emergency Regulation-Drinking Water-Grants




  • 10 CSR 60-13.010 Grants for Public Water Supply Districts and Small Municipal Water Supply Systems. DNR has added criteria for providing grants for source water protection under the Conservation Reserve Enhancement Program (CREP). Applicants for this funding must have a Department-approved source water protection program. It adopts criteria for making grant money available for rental enhancement grant payments under the Conservation Reserve Enhancement Program (CREP). These grants will help local political subdivisions provide better protection of source water used for public drinking water. The grants will be used to compensate farmers for taking agricultural land out of production in critical source water protection areas. This will protect public health, safety, and welfare by decreasing sediment, nutrient, and pesticide run-off into water sources used for public drinking water purposes. Money is available for CREP grants in state fiscal year 2001. This emergency amendment is necessary to use the money available for this purpose this fiscal year. See http://mosl.sos.state.mo.us/moreg/2001/v26n12/v26n12a.pdf 

Final Regulation-Air Quality-10 CSR 10-2.260 Control of Petroleum Liquid Storage,  Loading, and Transfer



Final Regulation-Air Quality-10 CSR 10-6.040 Reference Methods



Final Regulation-Air Quality-10 CSR 10-6.200 Hospital, Medical, Infectious Waste Incinerators 



Final Regulation-Water Quality-Amended 10 CSR 20-6.011 Fees



Final Regulation-Water Quality-Water Quality Certifications 10 CSR 20-6.060



Final Regulation-Water Quality-10 CSR 20-14.010 Concentrated Animal Feeding Operations; 10 CSR 20-14.020 Certification of Concentrated Animal Feeding Operation Waste Management System Operators; 10 CSR 20-14.030 Operator Training




Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphic MONTANA


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



Permit Application Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphic NEW HAMPSHIRE


Dept. of Envtl. Services


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


Proposed Regulations-Water Quality-Chapter Env-Ws 1900 Rules for the Protection of Instream Flow on Designated Rivers


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.  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.  


Current DEP Bulletin (Permit Applications; Proposed Regulations) 


red bar graphic NEW YORK


Dept. of Envtl. Conservation


Draft Regulations-Air Quality-Acid Rain Control



  • DEC released draft acid rain standards. The new draft regulations have been forwarded to the Governor's Office of Regulatory Reform (GORR), which will review them with stakeholder groups prior to their formal proposal. Once formally proposed, the public will have at least 45 days to review and comment on the draft regulations. After evaluating all public comments, a final regulation will be sent to the State Environmental Board, which will submit its recommendation on whether to adopt the regulation to the DEC Commissioner. The draft regulations are in response to Governor Pataki's direction to DEC to issue regulations requiring electric generators in the state to further reduce sulfur dioxide (SO2) emissions by 50% beyond federal CAA requirements by 2007, and to expand summertime nitrogen oxide (NOx) controls to year-round in 2003. Under the new regulations, SO2 emissions would be reduced by an additional 130,000 tons annually, and NOx emissions would be reduced by 20,000 tons annually. The rules would require that NOx controls, already in place for most facilities in the summertime ozone season, be used year-round beginning in 2004, and that sulfur dioxide controls be in place by 2008. The compliance dates were extended by one year in order to accommodate the additional investment and construction of control equipment. The draft regulations contain a provision which allows an individual facility a temporary exemption from emission requirements if the State Department of Public Service determines that compliance would imperil the reliability of the New York State electric power system. See http://www.dec.state.ny.us/website/press/pressrel/2001-100.html

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 December 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 November 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).

ALJ Rulings



Environmental Notice Bulletin (Permit Applications) 



Permit Applications



Coastal Management Program Notices


red bar graphic  NORTH CAROLINA


Dept. of Env't and Natural Resources


Proposed Regulations-Laboratories 



 



  • Proposed amended rules will set forth certification criteria for laboratory facilities performing any tests, analyses, measurements, or monitoring required under G.S. 143, Article 21 or any rules adopted thereunder, and to update the fees for certification. The rules apply to laboratory facilities that perform analyses for persons subject to G.S. 143-215.1, 143-215.63, et seq.; the Environmental Management Commission Rules for Surface Water Monitoring and Reporting (15A NCAC 02B .0500); Groundwater rules (15A NCAC 02L .0100, .0200, and .0300); Waste Not Discharged to Surface waters rules (15A NCAC 02H.0200); Point Source Discharges to the Surface Waters rules (15A NCAC 02H .0100), Local Pretreatment Programs (15A NCAC 02H .0900), and the Underground Storage Tank Program of the Division of Waste Management and will be formally proposed this summer. 


Temporary Regulations-Water Quality-Point Source Discharges



 



  • Effective May 11. These temporary amendments are intended to prevent the Division of Water Quality's permitting rules from being an obstacle to the implementation of emergency measures and procedures that could possibly produce wastewater discharges from emergency decontamination operations. Temporary rulemaking is necessary in order to expedite North Carolina's Foreign Animal Disease Strategic Plan in the event of an emergency as described by G.S. 106-399.4.


Proposed Regulations-Coastal Management; Land Use Planning Guidelines



 



  • In November 1998, the Coastal Resources Commission (CRC) authorized the appointment of the Land Use Plan Review Team to evaluate the Coastal Area Management Act (CAMA) land use planning program and make recommendations for improvement. Based on the recommendations submitted in September 2000, the CRC is revising its land use planning guidelines (Subchapter 07B). The revised guidelines aim to improve the quality of local plans by better supporting the purposes and goals of CAMA. The rules include simple, clear requirements for land use plans, improved land suitability analysis, and management topics to tie land use plans to CAMA goals. Will be formally proposed this summer. 

For information on the preceding three notices, see http://oahnt.oah.state.nc.us/intranet/register/Volume15Issue23.pdf



Proposed TMDL-Neuse River



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


Clean Water 2000 Plan Public Meeting



  • Meeting June 26 in Brecksville to accept comments on Clean Water 2000 (208 Water Quality Management Plan for Northeast Ohio), a water quality management plan required under §§208 & 303 of the federal CWA. The plan was submitted to Ohio EPA for certification by the Northeast Ohio Areawide Coordinating Agency (NOACA), which represents Cuyahoga, Geauga, Lake, Lorain and Medina counties. The plan contains information on Northeast Ohio water quality issues including wastewater management facility planning; home sewage disposal; nonpoint and storm water runoff; protection of critical resources; and urban stream restoration plans. The plan also includes an amendment from NOACA that identifies the Lorain Rural Wastewater District as a designated management agency. The state of Ohio has the authority to certify the NOACA planning document after determining it meets regulations for required plan elements. See http://www.epa.state.oh.us/pic/nr/2001/june/noaca.html 

OPEA Actions, Notices by County



Public Meetings



Pending Air Permits


red bar graphic OREGON


Dept. of Envtl. Quality


Oregon, Washington Agencies Invite Public Input on Columbia Gorge Clean Air Planning Proposal 



Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


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

NPDES Permit Applications



Draft Guidance Documents


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-Hog Farms



 




Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Permit Applications


red bar graphic  TEXAS




Legislature


Enacted Bills



  • H.B. 2912, providing for permitting of currently "grandfathered" air emitting facilities by 2007 in east Texas, 2008 in west Texas; renaming TNRCC the Texas Commission on Environmental Quality, effective January 1, 2004. 

  • H.B. 2134, vehicle testing program.

  • H.B. 2687, reauthorizes petroleum storage tank remediation program.

  • S.B. 2, creates Texas Water Quality Council.

  • S.B. 5, acquisition of low-emission and alternative-fuel vehicles, incentives; creates Texas Emissions Reductions Plan Fund and Diesel Emissions Reduction Incentive Program.

See http://tlo2.tlc.state.tx.us


Natural Resource Conservation Commission


Proposed Regulations-Solid Waste



  • MSW Permit Modifications; the rule amendments will implement the permit modification process for municipal solid waste facilities regulated by TNRCC, to include registered facilities. TNRCC contends that adoption of the proposed rule amendments would allow for a more expeditious processing of municipal solid waste permit and registration modifications, update the program to current municipal solid waste industry practices, and provide for more public input into the process. Previously delayed until after the 2001 legislative session. [§§305.70, 39.105, 39.403, 39.106]. Comments due July 9; no public hearing. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc97186305.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc97186039.pdf

Proposed Regulations-Hazardous Waste



  • RCRA Updates for Clusters VII, VIII, and IX. The proposed rules would revise the commission's rules to conform to certain federal regulations promulgated by U.S. EPA, in order for Texas to increase its level of authorization to operate aspects of the federal hazardous waste program in lieu of EPA. In addition, the proposal addresses the findings of the Commission's previous rules review of Chapter 335, which revealed a number of inconsistencies and incorrect references and citations. Comments due July 23; no public hearing. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00044305.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00044335.pdf 

Proposed Regulations-Air Quality




Proposed Regulations-Water Quality



Permit Hearings



Public Hearings/Proposed Rules


red bar graphic  UTAH


Dept. of Envtl. Quality


Proposed Regulations-Air Quality-Major Source Permitting



  • The current major source permitting rules may require sources of air pollution that make a major modification to install more stringent pollution control equipment. This amendment aligns the Utah rule with a 1992 federal rule revision that adds a new definition for "major modification" and other terms used in the definition of "major modification." The new definition excludes, so long as there is no emissions increase, pollution control projects at existing electric utility steam generating units. Also excluded are the installation, operation, cessation, or removal of temporary clean coal demonstration projects. Finally, the new definition requires that determining whether a modification at an electric utility steam generating unit is major or not is done by comparing present actual emissions to future actual emissions. Comments due July 2; public hearing was June 21. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23759.htm and http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23760.htm

Proposed Regulations-Air Quality-Vehicle Inspection and Maintenance



  • Proposal changes the date of incorporation by reference from October 7, 1998, to August 1, 2001. The rule
    incorporates by reference the SIP for the general requirements of the Vehicle Emissions Inspection and Maintenance (I/M) Programs. The I/M programs are in place to reduce vehicle emissions so that federal health standards for ozone and carbon monoxide are not exceeded. On April 5, 2001, U.S. EPA published a final rule postponing implementation of On-Board Diagnostics inspections until January 1, 2002; the only substantive change in the SIP text is to amend the date from 2001 to 2002. Other changes in the SIP remove appendices that are out of date, and move others to the Technical Support Documentation that is submitted to EPA with the change in the SIP text. Comments due July 2; public hearing was June 21. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23756.htm

Proposed Regulations-Air Quality-Vehicle Inspection and Maintenance, Salt Lake County



  • Changes the date of adoption from February 5, 1997, to August 1, 2001. The rule incorporates by reference the I/M Program for Salt Lake County. The I/M program is in place to reduce vehicle emissions so that federal health standards for carbon monoxide and ozone are not exceeded. Changes in the SIP text update the county's program improvements, including an updated analyzer and daily downloading of data from each analyzer. Other changes in the SIP include replacing out of date county ordinances in the appendices, and moving other appendices to the Technical Support Documentation that is submitted to U.S. EPA. The Technical Support Documentation also includes the demonstration that Salt Lake County's test and repair network is as effective as a test-only network would be. This will enable the county to claim full credit instead of 50% credit in emissions reduction. Comments due July 2; public hearing was June 21. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23757.htm

Proposed Regulations-Air Quality-Vehicle Inspection and Maintenance-Utah County



  • Changes the date of adoption from February 5, 1997, to August 1, 2001. The rule incorporates by reference the SIP for the I/M Program for Utah County. The I/M program is in place to reduce vehicle emissions so that federal health standards for carbon monoxide are not exceeded. Utah County has demonstrated that its program qualifies for full credit in reducing emissions, under provisions of the National Highway System Designation Act of 1995. Before U.S. EPA can give full approval to the program, however, the SIP must be amended to include the latest improvements Utah County has made in the program. Utah County has moved to the UTAH 2000 analyzer for emissions, requires that emissions inspectors check the On-Board Diagnostic systems in 1996 and newer vehicles, and now downloads data daily from the emissions analyzers. Other changes in the SIP include replacing appendices that are out of date with the new county ordinances and moving other appendices to the Technical Support Documentation that is submitted to EPA with the SIP. Comments due July 2; public hearing was June 21. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23758.htm

Proposed Regulations-Drinking Water



Proposed Regulations-Hazardous Waste



  • This proposed rule change eliminates the waste code K160 as an excluded waste due to a federally-required administrative stay. The waste code is no longer listed as hazardous by U.S. EPA. This rule change also adopts a federal rule that will allow Autoliv, ASP Inc. of Promontory, Utah, to implement a project under the federal Project XL program. The principal objective of Autoliv's XL Project is to explore the benefits of more streamlined and flexible regulation of pyrotechnic hazardous wastes from the automobile airbag industry that are treated in industrial furnaces. The proposed rule change provides regulatory flexibility to Autoliv in the form of a conditional exemption from the definition of hazardous waste for the pyrotechnic wastes. Comments due July 2. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23763.htm

  • Proposed rule change corrects incorrect references regarding the state's authority to issue enforceable documents under certain circumstances for post closure activities at hazardous waste treatment, storage, and disposal facilities. Comments due July 2. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23764.htm

Proposed Regulations-Water Quality



  • The Utah Water Quality Act was amended by H.B. 14 during the 2001 legislative session. The proposed amendment updates definitions so that the rule is consistent with the new statutory language. Comments due July 2; public hearing was June 19. One of the proposed amendments implements the requirement that, after January 1, 2002, persons who design, inspect, or maintain underground wastewater disposal systems, and who conduct percolation tests or soil evaluations for these systems, must be certified by the State. The proposed rule outlines procedures for obtaining certification, who is required to obtain certification, training, appeals, qualifications and definitions. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23766.htm, http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23768.htm, http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23769.htm, and http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23767.htm

  • Proposed amendment updates procedural notice requirements for treatment plant bypasses. A recent bypass event at a municipal wastewater treatment plant has brought into question the adequacy of the Utah Pollutant Discharge Elimination System rule, Subsection R317-8-4(4.1)(13), governing bypasses. Utah was required to adopt the equivalent of federal rules in order to gain primacy of the NPDES discharge permit program. As a result, the bypass rule is identical to the federal EPA rule. The proposed rule has more stringent requirements than the counterpart federal rules. However, the Utah Water Quality Board and the Division of Water Quality have determined that the more stringent rules are necessary in this case in order to protect public health and the environment. The proposed amendment provide specific notice requirements for permittees needing treatment plant bypasses. Prior notice of a bypass is changed from 10 days to 90 days for anticipated bypasses. Notice provisions are added for emergency bypasses and unanticipated bypasses. Comments due July 2. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010601/23780.htm

Permit Applications


red bar graphic VERMONT


Dept. of Envtl. Conservation


Permit Applications


red bar graphic VIRGINIA


Dept. of Envtl. Quality


Draft TMDLs



Public Meeting, Hearing Notices


red bar graphic  WASHINGTON


Dept. of Ecology


Enforcement-Penalty Assessments



  • Part of the money from two large penalties issued last year by the Department of Ecology (Ecology) against Kaiser Aluminum and Chemical Corporation's Mead plant will be utilized for emission reduction programs. Kaiser and the Department reached a settlement agreement over two fines, totaling $408,000, that were issued in June and September 2000 because of excess emissions of fluoride and small particles (dust and soot). The settlement calls for Kaiser to pay $150,000 of the fine to Ecology and $125,000 to the Spokane County Air Pollution Control Authority to help low-income drivers pay for car repairs to reduce carbon-monoxide emissions. The Ecology portion goes to the state's general fund. See http://www.ecy.wa.gov/news/2001news/2001-098.html

  • Olympic Pipe Line Co. of Renton; Equilon Pipeline Company, LLC, based in Houston, Texas; and IMCO General Construction, Inc. of Bellingham have been assessed a $7.8 million penalty for causing the rupture and explosion of the Olympic pipeline in June 1999, near Bellingham. See http://www.ecy.wa.gov/news/2001news/2001-102.html 

State Environmental Policy Act Register


red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


Natural Resources Board June 26-27 Meeting



Air Rules Development



Public Hearing and Meeting Schedule



  • Public hearing June 26 on an amendment to s. NR 410.03(3), Wis. Adm. Code, relating to asbestos inspection fees. The proposed rule will increase the asbestos inspection fee from $200 to $210 on large asbestos abatement projects. A large asbestos abatement project is one where at least 1,000 square or linear feet of regulated asbestos containing material is to be abated, or a combination of square and linear feet where the summed total is at least 1,000. 

  • July 11, 12 hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to safe drinking water standards for radionuclides. The final radionuclide rule published by U.S. EPA establishes a new maximum contaminant level (MCL) for uranium, and amends monitoring requirements for radionuclides while keeping the current MCL for combined radium 226 plus radium 228. This rule will affect all community water systems (about 1150 systems) statewide. With repromulgation of the radionuclide rule, DNR must revise its rules to match the revisions U.S. EPA made to the federal regulations for drinking water.

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


red bar graphic WYOMING


Dept. of Environmental Quality


Coalbed Methane


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

INTERNATIONAL
large red bar graphic

red bar graphic GENERAL



  • South Africa is already struggling to come up with funding for next year's "Rio + 10" summit. More than three-quarters of the 2002 Rio+10 conference's $50 million budget has not been funded. "There is concern about the funding, but I think it's a bit early," said South African Environmental Affairs Minister Valli Moosa.  "Nobody should be given the impression it's in the bag, and that finding it is not going to be a challenge." See http://www.news24.co.za/News24/Technology/Science_Nature/0,1113,2-13-46_1034740,00.html

  • The U.N. Environment Program and the U.N. Industrial Development Organization introduced a website devoted to projects of the Multilateral Fund of the Montreal Protocol, concerning the phasing-out of use of methyl bromide. See http://www.uneptie.org/unido/food/ and http://www.unep.org/Documents/Default.asp?DocumentID=204&ArticleID=2868

  • A U.N. Environment Program report notes that human activity is having serious effects on the Artic region. "At the turn of this new millennium, less than 15% of the Arctic's land was heavily impacted by human activity and infrastructure," said Klaus Toepfer, UNEP Executive Director. "However, if exploration for oil, gas and minerals, developments such as hydroelectric schemes and timber extraction continue at current rates, more than half of the Arctic will be seriously threatened in less than 50 years." See http://www.unep.org/Documents/Default.asp?DocumentID=204&ArticleID=2870

  • International experts on hazardous wastes and the shipping industry met in Geneva under the auspices of the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal to begin completing international guidelines on dismantling obsolete ships in an environmentally safe manner. See http://www.basel.int/press/Press.PDF Draft guidelines were released June 19. 

  • Representatives of governments party to the U.N. Convention on International Trade in Endangered Species of Wild Fauna and Flora met to negotiate issues pertaining to decreased sturgeon populations in the Caspian Sea. See http://www.cites.org/eng/news/press_release.shtml

  • The Joint Meeting of the Organization for Economic Cooperation and Development Chemicals Group and Management Committee, held in Paris, examined animal testing protocol measures and the framework for a new process of labeling and classifying chemicals and chemical mixtures. See http://www.oecd.org/ehs

  • World Day to Combat Desertification and Drought was marked by release of a Food and Agriculture Organization report noting that 3.6 billion hectares of land, in more than 100 countries, are affected by desertification. See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0138.htm and http://news.bbc.co.uk/hi/english/sci/tech/newsid_1392000/1392983.stm

  • South Africa and Lesotho signed a memorandum of understanding to conserve and protect the Maloti-Drakensberg mountains.

  • A researcher, writing in the journal Nature, argued that coral bleaching (which results from a loss of the algae covering, leaving the coral white and exposed) may actually be beneficial. 

red bar graphic CLIMATE CHANGE



  • U.S. President George Bush, leaving for his trip to Europe, said that a "climate change research initiative" is needed to research scientific cause and impact "uncertainties" of global warming, identify his administration's priorities and coordinate research efforts around the world, and endorsed a "national climate change technology initiative" to fund research into new emissions controls technologies and improve monitoring of global warming. Bush reaffirmed his position that uncertainties about climate change projections remain, and he emphasized that developing countries (particularly, but not limited to, China and India) must participate in efforts to curb global warming, and declared that emissions cuts must not endanger the U.S. economy. "We do not know how much effect natural fluctuations in climate could have on warming," he said, also stating that "no one can say with any certainty what constitutes a dangerous level of warming." White House Chief of Staff Andrew Card said EU countries were "playing a bit of a game" on Kyoto since only one of them, Denmark, has ratified the treaty and many are unlikely or unable to meet their reduction targets. 

  • Upon reaching Europe, Bush met with Spanish Prime Minister Jose Maria Aznar. Meanwhile, the EU environment ministers responded negatively to Bush's remarks. "Abandoning the Kyoto Protocol would mean postponing international action to combat climate change for years-and we are already late. We cannot accept this,'' said Environment Minister Kjell Larsson of Sweden. Sweden currently holds the EU presidency. At a joint news conference with Aznar, Bush was unyielding. He characterized the Kyoto agreement as flawed, "unrealistic," and not based on sound science.

  • Dutch Environment Minister Jan Pronk advanced what he characterized as a "compromise" approach. See http://news.bbc.co.uk/hi/english/world/americas/newsid_1383000/1383964.stm

  • French Foreign Minister Hubert Vedrine said that "a country that is alone responsible for 25% of the greenhouse effect cannot stay apart from the global effort. On this subject, we are anxiously awaiting Mr. Bush."

  • Canada reasserted its support for Kyoto by unveiling a 10-year plan to cut automobile emissions. The $72 million plan aims to increase public transportation, foster the utilization of low-emission vehicles and increased fuel efficiency, and develop alternative power sources. 

  • The Japanese Ministry of Environment issued a study concluding that the U.S.'s failure to implement Kyoto would not have significant adverse economic impact on the nation's economy, assuming Japan proceeds with implementation. See http://www.env.go.jp (in Japanese; available late June). 

  • In Europe, Bush and the EU "agreed to disagree" regarding Kyoto implementation. See http://www.washtimes.com/national/20010615-4284445.htm "We agree to disagree," Swedish Prime Minister Goran Persson said afterwards. "The European Union will stick to the Kyoto Protocol and go for a ratification process. The U.S. has chosen another policy." See http://www.dallasnews.com/world/394361_bush_15int.ART.html and http://www.guardian.co.uk/international/story/0,3604,507263,00.html Some protestors "mooned" the hotel in which Bush was staying, in a symbolic gesture of opposition to U.S. policies on global warming and to protest global trade, although the protests were much milder than in Seattle or Quebec City. Greenpeace activists boarded an oil tanker destined for the U.S. Several Danes were arrested on the charge of attempted sabotage. See http://news.independent.co.uk/world/europe/story.jsp?story=78216 EU leaders wrapped up their subsequent meeting saying that they would push for ratification, and would lobby Canada, Japan, and Australia on the matter. 

  • Italy's new government seemingly confirmed that it would seek ratification of the Kyoto Protocol. We have signed up to the Kyoto protocol and pacts will be honored," Prime Minister Berlusconi said. "But of course we can still be open to discussion. The United States has prepared a document and it should be looked at." Opinion polls taken in Italy showed high levels of support for the concept of Kyoto, although little understanding of practical impact of implementation. Japan, however, seemed to be moving away from support, saying that it was virtually impossible for the Protocol to work if the U.S. is not participating. Prime Minister Junichiro Koizumi said that while the U.S. position is "extremely regrettable," Japan will not ratify absent U.S. participation. A Natural Resources Defense Council report claimed that China had made significant progress in reducing greenhouse emissions, although data was sketchy. Some experts said that China's progress to date had come fairly easily, and that it resulted from decreased reliance on high-sulfur coal. See http://www.nytimes.com/auth/login?URI=http://www.nytimes.com/2001/06/15/world/15CHIN.html

  • It was unclear whether U.S. EPA Administrator Whitman would attend the July Bonn discussions on Kyoto--indeed, the extent of U.S. participation in general was in question. But Swedish State Secretary Lars Danielsson said that high-level talks would precede the Bonn meeting, and that the U.S. would participate.  See http://globalarchive.ft.com/globalarchive/articles.html?id=010615001344#docAnchor010615001344

  • USA Today reported that Clinton administration economists now admit that they seriously underestimated the costs to the U.S. economy of compliance with Kyoto targets. They acknowledge that the Protocol's targets are economically unrealistic. See http://www.usatoday.com/news/washdc/2001-06-12-kyoto.htm

  • University of Aarhus statistics professor and former Greenpeace activist Bjorn Lomborg, in a new book entitled The Skeptical Environmentalist, argues that Kyoto would do more harm that good, by using trillions of dollars that could be spent on poverty reduction, health care, and education, all posing greater risks than  global warming. 

  • A European Commission report says that if energy conservation and efficiency measures were implemented EU countries could reduce twice the amount of greenhouse gas reduction targeted by the Kyoto Protocol. Environment Commissioner Margot Wallstrom said that the report demonstrates that "the EU can meet its Kyoto target without imposing unreasonable costs on the European economy" and that it "is not a matter of political will to move forward and prepare and implement the necessary initiatives." See http://europa.eu.int/comm/environment/climat/eccp.htm

  • A study prepared by a U.S. Geological Survey researcher and presented at the spring meeting of the American Geophysical Union claims that mountain glaciers are shrinking in size worldwide. 

  • Worldwatch Institute issued a report, "City Limits: Putting Brakes on Sprawl," saying that urban sprawl is making the challenge of combating global warming more difficult. See http://www.worldwatch.org/

red bar graphic ASIA/MIDDLE EAST/AUSTRALIA



  • The Asian Development Bank (ADB), in an annual report, concluded that environmental degradation is pervasive, accelerating and unabated in the Asia and Pacific region, is placing health and livelihoods at risk and hindering economic growth. By 2020, according to the report, over half of Asia's population is likely to live in cities, with the urban population tripling to over a billion in 2020 from 360 million in 1990, further straining an already inadequate infrastructure for water supply, housing, and sanitation. The region has already lost up to 90% of its original wildlife habitat to agriculture, infrastructure, deforestation, and land degradation. One in three Asians lacks access to safe drinking water within 200 meters of home, with South and Southeast Asia suffering the most. The region is expected to replace the Organisation for Economic Co-operation and Development countries as the world's largest source of greenhouse gas emissions by 2015. Air pollution is a major cause of respiratory ailments and premature death in several Asian cities. The poor, particularly children and women, suffer most from the accelerating urban and rural environmental degradation. Asia is home to two-thirds of the world's poor. "The poor are often most directly dependent upon forests, fisheries, and other natural resources threatened by depletion and degradation," said Rolf Zelius, Chief of ADB's Office of Environment and Social Development. "The poor are especially vulnerable to lack of access to clean water and inadequate sanitation systems." Declining environmental quality and continued dependence on natural resources are constraining the economic growth that is needed to reduce poverty in the region over the next 20 years, the report says. See http://www.adb.org/documents/books/aeo/2001/default.asp and http://www.adb.org/Documents/News/2001/nr2001057.asp

  • A separate ADB report on the Philippines made much the same point, discussing overexploitation of natural resources, poor management, and unchecked industrial expansion and urbanization, which are imperiling much of the Philippines' environment. In turn, a rapidly degrading environment increases pollution, threatens food security and widens the gap between rich and poor. See http://www.adb.org/Documents/News/2001/nr2001058.asp

  • Non-native plants and animals are having a serious effect on China's biodiversity, according to a series of reports. See http://www1.chinadaily.com.cn/cndy/2001-06-07/12170.html, http://www1.chinadaily.com.cn/cndy/2001-06-07/12171.html, and http://www1.chinadaily.com.cn/cndy/2001-06-07/12168.html

  • Australian Environment Minister Robert Hill said that commercial coral harvesting on the Great Barrier Reef would be phased out, and that he would prohibit the issuance of licenses for scuba divers to chip coral away from the reef using hammers, chisels and metal bars. 

  • Officials from Azerbaijan, Kazakhstan, Russia, and Turkmenistan discussed ways to create a regional management plan for restoring Caspian Sea sturgeon populations. Most of the current catch is illegal. The Convention on International Trade in Endangered Species of Wild Fauna and Flora discussed possible consider measures to restrict the caviar trade of the four countries. See http://www.unep.org/Documents/Default.asp?DocumentID=204&ArticleID=2871

  • The group Global Witness issued a report saying that corruption was hampering efforts to reduce illegal logging in Cambodia. See http://www.oneworld.org/globalwitness/press/pr_080601cambodia.htm

  • A Japanese group said that legislation intended to reduce trade and sale of illegal tiger parts/products was not working. 

red bar graphic  EUROPE



  • The German government reached agreement with electric utilities regarding the closure of 19 nuclear plants by 2021. 

  • A Department of Environment, Food, and Rural Affairs began in the U.K., with the new entity taking over responsibility for environmental matters formerly lodged with the Department of Environment, Transport, and the Regions. Margaret Beckett will head the new Department. Michael Meacher remains environment minister.

  • EU environment ministers approved a list of 33 chemicals subject to Directive 2000/60 Establishing a Framework for Community Action in the Field of Water Policy. Their use will be phased-out over a 20-year period. 

  • The European Parliament gave preliminary approval to new standards on maritime traffic and safety; the measures would also create the Fund for the Compensation of Oil Pollution Damage in European Waters and Related Measures, based on the International Convention on Civil Liability for Oil Pollution Damage and the International Fund for Compensation for Oil Pollution Damage.   

  • The European Parliament voted to contest efforts by EU governments to "water down" ground-level ozone pollution control standards. 

  • The Council of Environmental Ministers, in discussing the Sixth Environmental Action Plan, added new targets for greenhouse gas emission reductions, increased utilization of renewable energy sources, and the elimination of subsidies for fossil fuels. 

  • Environmental full-cost accounting proposals were adopted by the European Parliament. 

red bar graphic CANADA



  • Effective immediately, emission standards for all new developments or expansion of coal-fired power plants in Alberta are changing to lower the amount of particulates, SO2, and NOx allowed into the atmosphere. The standards for coal-fired plants in Alberta have been based on 1993 Canadian Guidelines. Following a review of current pollution-control technologies, the new minimum emission standards for any new coal-fired power plants approved in Alberta between now and the end of 2005 are as follows: 13 nanograms per Joule of heat input for particulates (down from 43 nanograms per Joule; a decrease of 70%); 125 nanograms per Joule of heat input for NOx, based on a 720-hour rolling average (down from 170 nanograms per Joule; a decrease of 26%); 180 nanograms per Joule of heat input for sulphur dioxide, based on a 720-hour rolling average (down from 258 nanograms per Joule; a decrease of 30%). Environment Minister Lorne Taylor said the new stringent standards puts Alberta on par with other jurisdictions in North America. See http://www.gov.ab.ca/acn/200106/10848.html