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Weekly Update Volume 31, Issue 21

07/23/2001

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

red bar graphic  SDWA, FILTRATION, SURFACE WATER TREATMENT RULE:


The First Circuit held that a district court acted within its discretion by declining to order a Massachusetts public water district to install a filtration system even though the district violated the Surface Water Treatment Rule, which requires public water systems to install a filtration system if they fail to meet certain regulatory standards by a prescribed deadline. The district court found the district's proposed treatment plan, which utilized an "ozonation" process rather than filtration, to be a sound alternative. Moreover, given that the district had just one avoidance-criteria violation since it entered into an administrative order on consent with the the state environmental agency, and given its numerous efforts to improve water quality, the district court determined that the United States had not demonstrated that reallocating funds from the district's planned health-related system improvements to filtration was warranted. The court, therefore, denied the United States' request for an injunction. On appeal, the United States argued that under the SDWA, courts have no discretion to withhold indefinitely a provided-for remedy, such as filtration, if it has been demonstrated that a public water system has violated a substantive requirement of the Act. The U.S. Supreme Court has held repeatedly that the retention of a court's discretion to shape an injunction authorized by statute to the equities of the case--or not to issue an injunction at all--is to be presumed, but this presumption may be overcome by a proper showing of congressional intent. The SDWA contains a presumption expressed by Congress that filtration will almost always be the preferred remedy for a surface water treatment rule violation. However, the SDWA's text and legislative history do not give rise to a "necessary and inescapable inference" that the substantive remedies made available under the Act must always be ordered whenever a regulation promulgated under the Act has been violated. Rather, as long as a court issues a "judgment as public health may require," as set forth in SDWA §1414(b), thereby ensuring that the public system provides water that is safe according to standards identified by the EPA, the court retains a measure of flexibility under the Act to tailor the specifics of an equitable remedy that will help bring about that goal. In this case, the district court was careful to shape its decision so as to ensure that the district's drinking water will meet the avoidance-criteria standards and it assumed the responsibility of monitoring the district's compliance in the event that future violations require a reexamination of the decision not to order filtration. In so doing, it did not act outside the scope of its authority with respect to the specific statute at issue in declining to issue an injunction. United States v. Massachusetts Water Resources Authority, No. 00-2028 (1st Cir. July 16, 2001) (54 pp.).

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

The First Circuit reversed a district court's award of attorneys fees to a plastic-coated steel wire mesh manufacturing plant, but affirmed the court's denial of attorneys fees to the plant's principal owner. The plant and owner were indicted for knowingly discharging industrial wastewater with a pH below 5.0 standard units into a publicly owned treatment works in violation of the CWA. After certain sampling results were suppressed from the evidence, however, the case was dismissed without prejudice at EPA's request. The plant and owner then sought attorneys fees. The district court awarded attorneys fees to the plant as a prevailing party because while the prosecution was neither frivolous nor in bad faith, it was "clearly vexatious" within the meaning of the Hyde Amendment. According to the district court, the prosecution was vexatious because EPA did not have "any credible evidence" to support the accusation that the defendants discharged waste with a pH below 5.0 standard units into the public sewer. A determination that a prosecution was "vexatious" for the purposes of the Hyde Amendment, however, requires both a showing that the criminal case was objectively deficient, in that it lacked either legal merit or factual foundation, and a showing that the government's conduct, when viewed objectively, manifests maliciousness or an intent to harass or annoy. But here, the district court rested its fee award solely on the purported absence of credible evidence to support the charges. Yet EPA had a reasonably sufficient evidentiary basis on which to pursue charges, both before and even after the suppression ruling. In addition, there is no finding or reason to believe that the government acted either out of malice or with any intent to harass or annoy. Thus, the fee award to the plant constituted an abuse of discretion. The district court, however, properly denied the owner's claim for attorneys fees under the Hyde Amendment because his net worth renders him ineligible for an award of fees pursuant to EAJA §2412(d). United States v. Knott, Nos. 00-2238, -2239 (1st Cir. July 12, 2001) (39 pp.).


red bar graphic  CERCLA, CONTRIBUTION, COLLATERAL ESTOPPEL:

The Third Circuit held that a New York state court declaratory judgment requiring the owner of a contaminated site to indemnify the former owner of the site for all environmental costs arising from the current owner's purchase is sufficiently final to be given preclusive effect in federal court despite the fact that damages have yet to be decided by the state court. The state court held the current owner contractually liable for costs stemming from environmental damage at the site, including CERCLA claims, pursuant to an indemnification agreement the parties entered into. Although the New York state courts have not yet determined damages, the current owner filed a contribution action against the former owner in federal court. The former owner moved for summary judgment asking the district court to invoke New York's collateral estoppel law to give preclusive effect to the state court decision, and the district court properly did so. Although the state decision is not final for purposes of an appeal to the New York Court of Appeals given that damages remain to be litigated, the nature of the lower state court's decision as to liability is in no way tentative. Moreover, under New York law, the scope of the indemnity provision is sufficiently broad to encompass the identical issues in the federal CERCLA contribution case, and the parties had a full and fair opportunity to litigate the issue before the New York courts. Therefore, because all three requisite elements of New York collateral estoppel law exist--finality, identical issues, and a full and fair opportunity to litigate--the district court's decision was affirmed. Horsehead Industries, Inc. v. Paramount Communications, Inc., No. 99-3865 (3d Cir. July 17, 2001) (18 pp.). 

red bar graphic  APA, NOTICE AND OPPORTUNITY TO COMPLY, GRAZING PERMIT:

The Ninth Circuit reversed a district court decision granting summary judgment in favor of the U.S. Forest Service and held that the agency violated the APA when it cancelled an individual's grazing permit. The individual received a letter citing various permit violations and requiring the individual to show cause as to why his permit should not be cancelled. When the individual failed to show cause by the letter's deadline, the Forest Service cancelled the permit. The APA requires written notice and an opportunity to demonstrate or achieve compliance before the institution of agency proceedings. Here, however, the show cause letter stated that "permit action is warranted." The Forest Service therefore instituted agency proceedings against the individual without prior written notice and an opportunity to demonstrate compliance. Thus, the cancellation of his grazing permit was not valid. Moreover, because the Forest Service did not find that the individual's conduct was willful and the record does not establish that it was, the APA's exception for willful conduct is not applicable in this case. Anchustegui v. Department of Agriculture, No. 99-35755 (9th Cir. July 17, 2001) (11 pp.).

red bar graphic  NEPA, FINAL EIS (FEIS), CONSTITUTIONAL LAW:

The Tenth Circuit held that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative and its underlying environmental impact analysis did not violate NEPA, the Federal Aviation Act, or petitioners' property rights under the Third and Fifth Amendments to the U.S. Constitition. The Initiative proposed special use airspace changes to the National Airspace System to allow F-16 fighter jets to train under realistic conditions and to allow for changes in commercial aircraft corridors required for operation of the Denver International Airport. Petitioners argued that the FEIS for the Initiative was inadequate under NEPA. However, the administrative record establishes that the ANG and the FAA performed a detailed analysis of the Initiative's potential noise impacts and considered potential impacts on wilderness and other sensitive areas. Moreover, the agencies' socioeconomic impact analysis was adequate to foster informed public participation and decisionmaking. Further, the cumulative impact analysis is legally sufficient, and because the record makes clear that the Initiative has independent utility, the need for a programmatic or nationwide environmental analysis was not triggered. In addition, because the administrative record demonstrates that the ANG and the FAA defined the objectives of the Initiative, identified alternatives that would accomplish those objectives, and took a hard, comparative look at the environmental impacts associated with each reasonable alternative, petitioners' challenge to the adequacy of the alternatives analysis fails. The FAA also did not violate the Federal Aviation Act, FAA regulations, or the APA by approving the Initiative. Consequently, petitioners' Fifth Amendment claim that the Initiative constitutes an "unauthorized" or "unlawful" taking cannot stand. Likewise, the petitioners' claim that they have a Third Amendment right to refuse military aircraft training in airspace within the immediate reaches of their property also failed. Petitioners' request for review was therefore denied. Custer County Action Ass'n v. Garvey, No. 99-9543 (10th Cir. July 19, 2001) (30 pp.).

red bar graphic  CWA, CONSTITUTIONAL LAW, STORM WATER PERMIT:

The EPA Environmental Appeals Board (EAB) denied a city's petition for review of its EPA-issued NPDES permit to operate a municipal separate storm sewer system. The city argued that several of the permit conditions require it to regulate, legislate, and use its enforcement powers in violation of the Tenth Amendment's principles of federalism. The city also objected to permit conditions requiring it to develop training and education programs targeted to reduce storm water pollution, arguing that the conditions compel it to speak to its citizens and deliver a message chosen by EPA in violation of its First Amendment right to free speech. As a general rule, constitutional questions of the kind at issue here are reserved for the federal courts. Moreover, the permit provisions in question fall within the immediate contemplation of both the CWA and its implementing regulations. Thus, the city is actually challenging the validity of the statutory and regulatory provisions themselves rather than the manner in which they were applied when EPA wrote the permit. The regulations authorizing appeals to the EAB contemplate review of conditions of permits, not review of the statutes and regulations that are predicates for such conditions. Thus, because nothing in the city's petition or the administrative record presents circumstances sufficiently compelling to overcome the presumption against nonreviewability of Agency rules in the context of EAB proceedings, the proper forum for the city's challenge lies with the federal courts. In addition, the city failed to demonstrate how other permit conditions evidence error, abuse of discretion, or other unlawful action by the Agency. In re Irving, Texas, Municipal Separate Storm Sewer System, NPDES Appeal No. 00-18 (EPA EAB July 16, 2001) (29 pp.).


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

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

red bar graphic  AIR:



  • EPA amended certain portions of the NESHAPs for Group I and Group IV Polymers and Resins. The changes consist of minor cross referencing and typographical errors as well as minor clarifications. The basic control requirements of the NESHAPs or the level of health protection they provide are not altered by the amendments. 66 FR 36924 (7/16/01). 

  • EPA adjusted the VOC performance standard under Phase II of the reformulated gasoline (RFG) program for ethanol RFG blends containing 3.5 weight percent oxygen (10 volume percent ethanol) sold in the Chicago and Milwaukee RFG areas. 66 FR 37156 (7/17/01). 

  • EPA amended the accelerated phase-out regulations that governs production, import, export, transformation, and destruction of substances that deplete the ozone layer. EPA created a temporary exemption, through December 31, 2002, from the consumption and production phase-out for quantities of Class I, Group VI controlled substances (methyl bromide) that are used for quarantine and preshipment.  66 FR 37751 (7/19/01). 

  • EPA is seeking comment on a proposed allowance system to control the U.S. production and consumption of class II control substances, the hydrochlorofluorocarbons, in accordance with U.S. obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer. 66 FR 38063 (7/20/01). 

  • EPA requested comments on its proposed guidelines for implementation of the best available retrofit technology requirements under the regional haze rule that was published on July 1, 1999 (64 Fed. Reg. 35714). 66 FR 38107 (7/20/01). 

  • EPA entered into a proposed settlement agreement to address a lawsuit, Clean Air Implementation Project v. EPA, No. 99-1470 (D.C. Cir.), challenging EPA's September 20, 1999, policy, State Implementation Plans: Policy Regarding Excess Emissions During Malfunction, Startup and Shutdown, which clarifies the types of provisions addressing emissions in excess of applicable emission limits that EPA believes may appropriately be approved as part of an SIP. 66 FR 37672 (7/19/01). 

  • EPA entered into a proposed partial consent decree to address a lawsuit, NRDC v. EPA, No. 1:99CV02976 (D.D.C.), concerning the Agency's alleged failure to meet a mandatory deadline under CAA §110(c) to promulgate federal implementation plans establishing attainment demonstrations for certain ozone nonattainment areas classified as serious or severe and located in the eastern part of the United States. 66 FR 37955 (7/20/01). 

red bar graphic  DRINKING WATER:



  • EPA issued a notice of proposed rulemaking and is requesting comment on a range of maximum contaminant level options for the drinking water standard for arsenic. 66 FR 37617 (7/19/01). 

red bar graphic  HAZARDOUS AND SOLID WASTES:



  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Century 21 Paint, Inc., site in Austintown, Ohio. 66 FR 37963 (7/20/01).

red bar graphic  PESTICIDES:



  • EPA announced the availability of a pesticide registration notice, Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling, that provides guidance to registrants concerning voluntary pesticide resistance management labeling based on mode/target site of action for pesticide products that are intended for general agricultural use. 66 FR 37962 (7/20/01). 

red bar graphic  TOXIC SUBSTANCES:



  • EPA and the Corps announced the availability of a technical manual, Methods for Assessing the Chronic Toxicity of Marine and Estuarine Sediment-associated Contaminants with the Amphipod Leptocheirus plumulosus--First Edition, that describes procedures for testing an estuarine organism in the laboratory to evaluate the potential toxicity of contaminants in whole sediments. 66 FR 37961 (7/20/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENTS:



  • U.S. v. Battery Properties, Inc., No. 1-01-0009 (M.D. Tenn. July 6, 2001). A settling CERCLA defendant must pay $39,149 in past EPA response costs incurred at or in connection with the Mallory Capacitor Co. Superfund site in Waynesboro, Tennessee, must pay all response costs incurred between October 1, 1999, and the date of the entry of this consent decree, and must pay EPA's future oversight costs incurred during the defendant's performance under EPA's unilateral administrative order for remedial design and remedial action. 66 FR 37490 (7/18/01). 

  • U.S. v. Hartz Construction Co., No. 98-C-4785 (N.D. Ill. June 15, 2001). A settling CWA defendant that unlawfully discharged dredged or fill materials into U.S. waters at two sites located in Cook County, Illinois, and failed to comply with requests for information must pay an $80,000 civil penalty and must establish an area within or adjacent to both of the sites for purpose of creating U.S. waters to mitigate the loss of waters as alleged in the decree. 66 FR 37491 (7/18/01). 

  • U.S. v. Clark Refining & Marketing, Inc., No. 99-87 (GPM) (S.D. Ill. July 12, 2001). A settling CAA defendant that operates a petroleum refinery in Hartford, Illinois, must pay a $2 million civil penalty for alleged prevention of significant deterioration violations and violations of SIP emission limits at the refinery's fluid catalytic cracking unit, must install a wet gas scrubber on the fluid catalytic cracking unit to control sulfur dioxide and particulate matter emissions, and must implement additional pollution control measures at the refinery. 66 FR 37706 (7/19/01). 

  • U.S. v. National Railroad Passenger Corp., No. 01-11121-RWZ (D. Mass. June 28, 2001). A settling CWA defendant that violated the Act at nine facilities in Connecticut, Massachusetts, and Rhode Island must pay a $500,000 penalty, must implement two supplemental environmental projects at a cost of $900,000, must comply with relevant environmental laws at the identified facilities, must conduct a multi-media compliance audit at each of its 51 facilities nationwide, and must implement a comprehensive environmental management system involving the entire company. 66 FR 37706 (7/19/01). 

  • U.S. v. Rockford, Illinois, No. 98C50026 (N.D. Ill. July 11, 2001).  Settling CERCLA defendants, under an amendment to a consent decree entered in January 1999 resolving CERCLA claims arising from the Southeast Rockford Groundwater Contamination site in Rockford, Illinois, must pay an aggregate sum of $142,001.59 to the city of Rockford. 66 FR 37707 (7/19/01). 

  • U.S. v. Wisconsin, No. 01-C-0394-S (W.D. Wis. July 10, 2001). A settling CERCLA defendant must finance and perform the completion of the remedial action at the Refuse Hideaway Landfill Superfund site in the Town of Middleton, Wisconsin, and must conduct long-term operation and maintenance at the site at an estimated net present value of $1.3 million; 160 remaining settling defendants must pay approximately $3.5 million to the United States and Wisconsin; and four settling federal agencies must pay $32,845 to the Superfund in past and future response costs incurred and to be incurred at the site. 66 FR 37707 (7/19/01).

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

THE CONGRESS
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red bar graphic  CHAMBER ACTION



  • H.R. 2311 (appropriations; energy and water), which would make appropriations for energy and water development for the 2002 fiscal year, was passed by the Senate. 147 Cong. Rec. S7895 (daily ed. July 19, 2001).

  • H.R. 2500 (appropriations; Department of Commerce), which would make appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the 2002 fiscal year, was passed by the House. 147 Cong. Rec. H4130 (daily ed. July 18, 2001).

red bar graphic  BILLS INTRODUCED



  • S. 1166 (Bingaman, D-N.M.) (energy) would establish the Next Generation Lighting Initiative at DOE. 147 Cong. Rec. S7495 (daily ed. July 11, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1182 (Hollings, D-S.C.) (water resources) would direct the Secretary of the Army to lease land at the Richard B. Russell Dam and Lake Project in South Carolina to the South Carolina Department of Commerce. 147 Cong. Rec. S7688 (daily ed. July 16, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 1183 (Snowe, R-Me.) (water resources) would authorize the modification of a pump station intake structure and discharge line of the Fort Fairfield, Maine, flood control project at full federal expense. 147 Cong. Rec. S7688 (daily ed. July 16, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 1187 (Bunning, R-Ky.) (Paducah Gaseous Diffusion Plant) would provide for the management of environmental matters at the Paducah Gaseous Diffusion Plant, Kentucky, through the Assistant Secretary of Energy for Environmental Management. 147 Cong. Rec. S7805 (daily ed. July 17, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1194 (Specter, R-Pa.) (municipal waste) would impose certain limitations on the receipt of out-of-state municipal solid waste and would authorize state and local controls over the flow of municipal solid waste. 147 Cong. Rec. S7878 (daily ed. July 18, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1205 (Bennett, R-Utah) (Mount Nebo Wilderness) would adjust the boundaries of the Mount Nebo Wilderness Area. 147 Cong. Rec. S7955 (daily ed. July 19, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • H.R. 2502 (Horn, R-Cal.) (sulfur regulations) would amend the Internal Revenue Code of 1986 to assist small business refiners in complying with EPA sulfur regulations. 147 Cong. Rec. H4013 (daily ed. July 16, 2001). The bill was referred to the Committee on Ways and Means. 

  • H.R. 2508 (Smith, R-Mich.) (agriculture) would authorize a plant pathogen genomics research program at the USDA to reduce the economic impact of plant pathogens on commercially important crop plants. 147 Cong. Rec. H4111 (daily ed. July 17, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 2532 (Smith, R-Mich.) (agriculture) would provide for the establishment of regional plant genome and gene expression research and development centers. 147 Cong. Rec. H4111 (daily ed. July 17, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 2534 (Solis, D-Cal.) (water resources) would authorize the Secretary of the Interior to conduct a special resource study of the Lower Los Angeles River and San Gabriel River watersheds in California. 147 Cong. Rec. H4111 (daily ed. July 17, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2551 (Hill, D-Ind.) (land conveyance) would modify the authorized land conveyance regarding the Indiana Army Ammunition Plant in Charlestown, Indiana, to eliminate the requirement that the Indiana Army Ammunition Plant Reuse Authority provide consideration for acquisition of the property. 147 Cong. Rec. H4216 (daily ed. July 18, 2001). The bill was referred to the Committee on Armed Services.

  • H.R. 2554 (Kingston, R-Ga.) (beach erosion) would modify the project for beach erosion control, Tybee Island, Georgia. 147 Cong. Rec. H4217 (daily ed. July 18, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 2556 (McInnis, R-Colo.) (open space lands) would amend the Act of March 3, 1875, to permit Colorado to use land held in trust by the state as open space. 147 Cong. Rec. H4217 (daily ed. July 18, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2565 (Cannon, R-Utah) (water resources) would amend the Central Utah Project Completion Act to clarify the responsibilities of the Secretary of the Interior with respect to the Central Utah Project, would redirect unexpended budget authority for the Central Utah Project for wastewater treatment and reuse and other purposes, would provide for prepayment of repayment contracts for municipal and industrial water delivery facilities, and would eliminate a deadline for such prepayment. 147 Cong. Rec. H4352 (daily ed. July 19, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2570 (Farr, D-Cal.) (fisheries) would amend the Magnuson-Stevens Fishery Conservation and Management Act to recover depleted fish stocks and promote the long-term sustainability of marine fisheries. 147 Cong. Rec. H4352 (daily ed. July 19, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 2573 (McDermott, D-Wash.) (fisheries) would ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin, would ensure the maintenance of reasonably priced, reliable power, would direct the Secretary of Commerce to seek peer review of and to conduct studies regarding the National Marine Fisheries Service biological opinion pertaining to the impacts of Columbia River basin federal dams on salmon and steelhead listed under the ESA. 147 Cong. Rec. H4352 (daily ed. July 19, 2001). The bill was referred to the Committees on Resources, and Transportation and Infrastructure.

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

IN THE STATES
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red bar graphic ALABAMA


Dept. of Envtl. Management


Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Dept. of Envtl. Conservation


Proposed Regulations-Air Quality




  • Proposed changes to regulations for standard permit conditions and visible emission limits for stationary sources. 18 AAC 50. Hearings Aug. 21-22; comments due Aug. 24. DEC is proposing to amend Chapter 50 to comply with AS 46.14.010(e). The Department is proposing to adopt into regulation requirements to be incorporated into more than one permit and that it foresees to be generally applicable, or generally applicable to individual source or facility types. DEC is also proposing to change state visible emission standards for stationary sources to six minute average standards so that the emissions standards and monitoring method will be consistent. Any facility needing an air quality permit and any source subject to a numerical visible emission (opacity) limit will be affected. DEC is also proposing to amend the regulations to clarify what contaminants are subject to emission fees and how to calculate emission fees, adopt additional standard methods by reference, including methods for fuel qualities, soils, and opacity monitoring, clarify recordkeeping and reporting, and correct inconsistencies or errors. DEC will also be making other changes necessary to improve the regulations, including those changes that appear necessary after reviewing public comments. See http://www.state.ak.us/local/akpages/ENV.CONSERV/dawq/aqm/stdreg.htm 

red bar graphic ARIZONA


Dept. of Envtl. Conservation


Proposed Regulations-Air Quality




  • Proposed changes to regulations for standard permit conditions and visible emission limits for stationary sources. 18 AAC 50. Hearings Aug. 21-22; comments due Aug. 24. DEC is proposing to amend Chapter 50 to comply with AS 46.14.010(e). The Department is proposing to adopt into regulation requirements to be incorporated into more than one permit and that it foresees to be generally applicable, or generally applicable to individual source or facility types. DEC is also proposing to change state visible emission standards for stationary sources to six minute average standards so that the emissions standards and monitoring method will be consistent. Any facility needing an air quality permit and any source subject to a numerical visible emission (opacity) limit will be affected. DEC is also proposing to amend the regulations to clarify what contaminants are subject to emission fees and how to calculate emission fees, adopt additional standard methods by reference, including methods for fuel qualities, soils, and opacity monitoring, clarify recordkeeping and reporting, and correct inconsistencies or errors. DEC will also be making other changes necessary to improve the regulations, including those changes that appear necessary after reviewing public comments. See http://www.state.ak.us/local/akpages/ENV.CONSERV/dawq/aqm/stdreg.htm 


red bar graphic ARKANSAS


Dept. of Environmental Quality


Enforcement Notices




  • Consent Administrative Orders 

Amerimax Coated Products, Helena Air Division, $1,125 penalty; Arkansas State Police, Troop F., Warren Regulated Storage Tank Division, $500 penalty; Arkansas State Police, Troop L., Springdale Regulated Storage Tank Division, $500 penalty; Ash Grove Cement Company, Foreman Solid Waste Division, $10,000 penalty; BICC General Cable Company, (Amendment No. 4 to CAO), Malvern; NPDES/Water Division, No penalty; CBI, McCrory, Asbestos/Air Division, $300 penalty; City of Sunset, (Amendment No. 1 to CAO), Sunset NPDES/Water Division, No penalty; City of Star City, Star City NPDES/Water Division, No penalty; Georgia Pacific Corp., Crossett Air Division, No penalty; Harris Concrete Pumps, Little Rock Water Division, $1,000 penalty; Doyle P. Meyer/Hong's Hog Farm, Ola Water Division, $400 penalty. 




  • Notices of Violation 

FDR Services, Austin Regulated Storage Tank Division, $1,500 penalty; Jacksonville Wastewater Utility, Jacksonville Regulated Storage Tank Division, $500 penalty.




  • Memorandums of Agreement 

Phillip Matthews Trust Property, Trumann Hazardous Waste Division, No penalty.




  • ADMINISTRATIVE AGREEMENT

WM Tontitown Landfill, LLC., North Little Rock Air Division, No penalty.


Comments due Aug. 10. 

red bar graphic CALIFORNIA


Air Resources Board


July 26-27 Board Meeting Agenda



Strategic Plan for Research 2001-2010



Voluntary Accelerated Vehicle Retirement Proposed Regulation Update-Draft Regulations



Notice of Public Meeting to Consider The Approval of California's 2001 Emission Inventory



Notice of Public Hearing to Consider Approval of a Revision to the Ozone SIP for the San Francisco Bay Area



2001 Version of the California Air Pollution Control Laws ("Bluebook")



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



Dept. of Toxic Substances Control


CLEAN and ISCP Loan Programs--45-Day Public Notice and Comment Period



Guidance Document Availability



Draft Public Participation Policy Manual



Integrated Waste Management Board


July 25-26 Board Meeting Agenda



Aug. 14-15 Board Meeting Agenda



Permit Enforcement Policy



  • Establishment of a process for facilities to request a temporary waiver of terms and conditions of a solid waste facilities permit in the event of an unforeseeable situation. The Board will consider adoption of emergency regulations at its Aug. 14-15, 2001, meeting. See http://www.ciwmb.ca.gov/Rulemaking/PermitEnfPol/ 

Proposed Regulations-Playground Safety and Recycling Act Grants



  • Published in the California Regulatory Notice Register for 45-day public comment period on June 29, 2001. 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 Apr. 18-19, 2000, meeting have been extended and are currently in effect. Comments due Aug. 13. See http://www.ciwmb.ca.gov/Rulemaking/Playground/  

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. The Board will consider adopting the regulations at its July 25-26, 2001, meeting. 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 Apr. 24-25 meeting. The Board directed staff to make changes to the regulations and then submit to the Office of Administrative Law (OAL) with a request for a delayed effective date (length to be determined) as an emergency rulemaking. Staff is currently preparing the file for submittal to the OAL.

Final Regulations-Enforcement and Compliance Procedures



Proposed Regulations-Waste Tires



  • The Board initiated a 45-day comment period to address revisions to the waste tire regulations. Assembly Bill (AB) 1843 established the waste tire program and required the Board to adopt emergency and final regulations for permitting of waste tire storage facilities. The Board adopted emergency regulations on June 26, 1991, and final regulations on Aug. 25, 1993. On May 9, 1996, the Board’s Waste Tire Hauler Regulations became effective pursuant to Senate Bill (SB) 744. On Jan. 29, 1998, the Board adopted emergency regulations to remove certain exclusions from the regulations regarding who needs to acquire a waste tire facility permit. These emergency regulations became final this past year. AB 117 was signed into law in 1998 requiring the Board to prepare a report to the legislature on the current waste tire program and to make recommendations by June 30, 1999, for needed changes. The Board adopted the final version of the report "California Waste Tire Program Evaluation and Recommendations" (Tire Report) at its June 22, 1999, meeting. Since the passage of AB 1843 and SB 744, 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 Mar. 20-21, 2001, meeting. The Board approved the regulations for a 45-day comment period at its Apr. 24-25, 2001, meeting. See http://www.ciwmb.ca.gov/Rulemaking/leadsign/

Proposed Regulations-Nonhazardous, Nonputrescible, Industrial Waste



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

Proposed Regulations-Compostable Materials



  • Placement of solid waste facilities and operations that handle compostable materials (green material--not composted, woody material--not composted) into regulatory tiers, development of minimum standards, and adjustment of existing regulations to accommodate the above placement. Public workshops in Sept. 1999 were focused on odor monitoring and enforcement at compostable materials handling sites, as well as on regulatory concepts for the revision of the composting regulations. From early July through early Aug. 2000, in eight venues throughout the state, the Board held workshops to discuss proposed changes to the regulations. Staff analyzed the information gathered at the workshops and revised the draft regulations accordingly. In Dec. 2000, Board staff solicited feedback from an external working group and in Jan. 2001, revised the regulations based on this feedback. The Board discussed issues related this package at its Feb. 20-22, 2001, meeting. The Board will consider approval of the regulations for a 45-day public comment period at its Aug. 14-15, 2001, meeting. See http://www.ciwmb.ca.gov/Rulemaking/Organics/  

Proposed Regulations-LEA Grants



  • New regulations for the local enforcement agency (LEA) grants program. The Permitting and Enforcement
    Committee approved these draft regulations for public notice in September 1997, however, LEA outreach staff workload forestalled the public notice period. The Board approved the regulations for a 45-day public comment period at its June 19-20, 2001 meeting. Staff is currently preparing the regulation package for noticing. See http://www.ciwmb.ca.gov/Rulemaking/leagrant/ 

Proposed Regulations-Tire Monofills



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

Draft Regulations-Construction & Demolition Materials



  • Placement of facilities and operations handling inert and construction and demolition debris into regulatory tiers, and setting minimum standards. In December 2000, the Board approved a two-phase approach to this rulemaking. Phase I will cover the transfer and processing of construction and demolition debris. Informal workshops for this Phase I are expected in summer 2001. Phase II will follow and will cover the disposal of construction, demolition, and inert debris. See http://www.ciwmb.ca.gov/Rulemaking/cdmater/ 

Water Resources Control Board


Total Maximum Daily Load (TMDL) Development Public Notices, Drafts



Office of Environmental Health Hazard Assessment


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


Health Risk Information for Public Health Goal Exceedance Reports



South Coast Air Quality Management District


Informational workshops for the 2000-2001 Annual Emissions Reporting Program



Proposed Amended Regulation XIII-New Source Review (PAR XIII)



  • Workshop Aug. 15 to discuss amendments to facilitate the permitting of new electric generating facilities (EGFs) to improve the supply of electricity in the District and to minimize the use of standby emergency diesel-fired electric power generators for electrical power generation. The emergency diesel-fired electric power generators are significantly more polluting than new EGFs and their use would have a potential negative impact on ambient air quality. As part of the pre-construction review process, new EGFs must offset all their future emissions. There is a limited supply of emission reduction credits in the open market, however, that can be used as offsets. This shortage of offset credits threatens to seriously impede the permitting and construction of new EGFs. Any construction delays of new EGFs will likely result in increased use of emergency diesel-fired electric generators with potential adverse air quality impacts. The proposed amendments would alleviate those impacts by facilitating the permitting of new EGFs. Specifically, staff proposes amendments to Rule 1309.1-Priority Reserve that would increase the allocation of CO and SOx credits to the Priority Reserve account and allow new and expanding EGFs as well as facilities generating electricity for their own use, temporary access to these credits provided they meet specific criteria and pay the appropriate mitigation fee. Also, the proposed amendments would authorize the Executive Officer to transfer up to 2,500 pounds per day of PM-10 to the Priority Reserve in the event the account balance falls below 500 pounds per day. See http://www.aqmd.gov/pub_edu/notice_r1309_1.html 

Proposed Regulations-Amended Rule (PAR) 1162-Polyester Resin Operations



  • The objective of PAR 1162 is to achieve further reduction of volatile organic compounds and hazardous air pollutants emissions from composite manufacturing operations by employing Pollution Prevention (P2) technologies. P2 technologies involve modifying the chemistry of the polyester resin material and utilizing nonatomizing and less polluting application technologies. PAR 1162 would implement portions of control measure CTS-09, of the proposed 1999 Amendment to the 1997 Ozone State Implementation Plan Revision. Draft regulations would require nonatomizing and less polluting application technologies for composite spraying operations and reduce the monomer content of the polyester resin materials such as clear gel coats, pigmented gel coats, general purpose resins, corrosion resistant resins, and fire retardant resins. The reduction of the monomer content will take place in two phases, in 2002 and 2003. The proposal would also require that all applied resin material to be vapor suppressed, require that the monthly average of the filler content of the applied resin material be at least 10 % by weight, and improve clarity and enforceability of the rule. Workshop Aug. 1; comments due Aug. 8. See http://www.aqmd.gov/pub_edu/notice_r1162.html 

Proposed Regulations-Amended Rule 2202--On-Road Motor Vehicle Mitigation Options



  • Aug. 1 workshop to discuss and comment on proposed amendments to Rule 2202. The proposed rule amendments would include a change in the definition of employee. A new category of exempted Police/Sheriff employees will be added to the Rule. Those employers electing to exempt such employees must provide core element ridesharing incentives, at a minimum, but not limited to ridematching, on-site transit information, preferential parking for ridesharers, and guaranteed return trip. In addition, the proposed amendments would include the removal of "remote sensing" and "alternative fuel vehicle credits (except electric vehicles)" as a compliance strategy. Other minor amendments include the elimination of an automatic change in due date upon switching compliance program type. See http://www.aqmd.gov/pub_edu/notice_r2202_2.html 

red bar graphic COLORADO


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 Apr. 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 Aug. 16. See http://www.cdphe.state.co.us/op/reg1_08_01.htm

Public Hearing-Requested Reopening of Operating Permit 


red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Residential Underground Storage Tank Program



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 was 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


Dept. of Environmental Protection


DEP Announces Revocation of Back Pumping Order--New order to increase flows into Lake Okeechobee,
reduce phosphorus



  • DEP announced that it is issuing a new Emergency Order, which supercedes a previous order that authorized back pumping from the S-2 and S-3 water control structures on Lake Okeechobee. The DEP’s decision allows more water to flow into the lake, while at the same time reducing phosphorus loading. This new order will improve the lake’s water quality, thereby making it even safer to drink, while enabling more water to be temporarily stored for water supply during drought conditions. The Department’s announcement was based on its decision concerning a proposal by the South Florida Water Management District to increase flows into Lake Okeechobee. This new order will allow additional flows into the Lake, but is expected to decrease projected phosphorus loading by 4 tons below current allowed levels and 77 tons below the water flow levels proposed by the water management district. The DEP’s order will allow an additional projected 74,000 acre-feet of water to flow into the lake. See http://www.dep.state.fl.us/comm/releases/2001/01-142.htm 


Mary Jean Yon Appointed Northwest District Director


red bar graphic GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Proposed Regulations-Water Quality-Swine Feeding Operations



  • Amended regulations will be considered for adoption on Aug. 22; comments due and public hearing on Aug. 13.  

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 (PCB)


Proposed Regulations





  • The 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 SRP. 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 SRP 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: SDWA Update, USEPA Amendments (July 1, 2000 through December 31, 2000; Radionuclides)–The Board June 21 adopted a proposal for public comment in this “identical-in-substance” rulemaking to amend the Board’s public water supply regulations. 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 and cleanup 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. The Board adopted a first notice opinion and order June 21. See http://www.ipcb.state.il.us/RULES/R01-013/HearingRecords.htm and   http://www.ipcb.state.il.us/RULES/106prop.pdf and http://www.ipcb.state.il.us/Meeting/minutes.htm  



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



Open Regulatory Dockets



Envtl. Protection Agency


Permit Applications/Public Hearings



 



red bar graphic  INDIANA


Dept. of Envtl. Management


Proposed Regulations-Air Quality



  • Amends 326 IAC 4-2 and 326 IAC 9-1. Readopts 326 IAC 1-6, 326 IAC 8-7, 326 IAC 8-9, 326 IAC 8-11, and 326 IAC 18-2. Repeals 326 IAC 19-1. Hearing Aug. 1. 

  • Readopts, without changes, 326 IAC 6-4 concerning fugitive dust emissions. Hearing Aug. 1. 

  • Amends 326 IAC 6-3 concerning process weight rates. Hearing Aug. 1. 

  • Adds 326 IAC 1-2-82.5 to define "Title I conditions." Amends 326 IAC 2 concerning amendments necessary to obtain U.S. EPA approval of the prevention of significant deterioration (PSD) rules as part of the state implementation plan and federal approval of the Title V permit program. Amends 326 IAC 3-5-1, 326 IAC 4-2-1, 326 IAC 5-1-1, 326 IAC 6-2-1, 326 IAC 6-5-1, 326 IAC 6-6-1, 326 IAC 7-1.1-1, 326 IAC 7-1.1-2, 326 IAC 7-3-1, 326 IAC 8-1-1, 326 IAC 9-1-2, 326 IAC 10-1-1, 326 IAC 11-1-1, 326 IAC 11-2-1, 326 IAC 11-3-1, 326 IAC 11-4-1, 326 IAC 11-5-1, 326 IAC 12-1-1, 326 IAC 14-1-3, and 326 IAC 15-1-1 to maintain consistency. Repeals 326 IAC 2-7-25. Comments due July 23. 

  • IDEM has developed draft rule language for amendments to 326 IAC 1-1-3, concerning references to the Code of Federal Regulations (C.F.R.), to update any references to the C.F.R. in Title 326 to mean the July 1, 2000, edition. IDEM has also developed draft rule language for amendments to Title 326 to change any incorporation by reference of the Federal Register to its C.F.R. citation published in the July 1, 2000, edition of the C.F.R. IDEM has developed draft language for new rules 326 IAC 1-1-3.5 and 326 IAC 1-2-20.5, establishing references to and definition of the Compilation of Air Pollution Emission Factors AP-42 and Supplements. Hearing Aug. 1.  

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.

  • Amends and considers for readoption pursuant to comments received under IC 13-14-9.5, 329 IAC 11-9, 329 IAC 11-11, and 329 IAC 11-14. 329 IAC 11-9 addresses solid waste processing facilities permit requirements; 329 IAC 11-11 addresses solid waste processing permit issuance; and 329 IAC 11-14 addresses quarterly reporting of solid waste processing facilities. The amendments correct language and references. This rulemaking is required pursuant to IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of IC 13 and was in effect on Dec. 31, 1995, expires not later than Jan. 1, 2002. All rules adopted after that date under IC 13-14-9, with some exceptions listed in IC 13-14-9.5-1 and IC 13-14-9.5-1.1, expire on January 1 of the seventh year after the year in which each rule takes effect. The First Notice of Comment Period and Continuation of First Notice of Comment Period opened all rules required to be opened in Title 329 for readoption, regardless of their initial effective date. Other comments received are being included and considered within other currently existing rulemakings. Hearing Aug. 21. 

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. To reflect the new rules, IDEM will be repealing 327 IAC 7. See http://www.in.gov/legislative/register/Vol24/09Jun/11ID327970007.pdf

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


Pending Permit Applications


red bar graphic  IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Final Regulations-Solid Waste Management




  • Rescinds Chapter 111, “Financial Assurance Requirements for Municipal Solid Waste Landfills,” Iowa Admin. Code, and adopts new Chapter 111 with the same title. New Chapter 111 is a reorganization and amendment of the former chapter. The new chapter adopts procedures for review of financial assurance instruments by the Department. The new chapter also updates the allowable financial assurance mechanisms to more closely conform to current U.S. EPA requirements. The amendment is intended to satisfy the concerns raised in the Petition for Rulemaking filed by the City of Henderson on May 31, 2000. Effective Aug. 15. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010711.html 


Final Regulations-Air Quality




  • Amendments to Chapter 22, Iowa Admin. Code. The purpose of this rulemaking was to incorporate the Department’s existing Periodic Monitoring Guidance into the rules. Also, this rulemaking adopts by reference Compliance Assurance Monitoring (CAM) that is required to be included in 40 C.F.R. pts. 70 or 71 operating permits. Periodic monitoring and CAM are needed to provide reasonable assurance of compliance with applicable requirements under the CAA. Item 1 incorporates the Department’s existing Title V Periodic Monitoring Guidance into the rule. Periodic monitoring is required by 40 C.F.R. pts. 70.6 and 71.6 where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring. Item 2 adopts by reference 40 C.F.R. pt. 64 CAM for major stationary sources of air pollution that are required to obtain operating permits under Title V of the CAA. The fundamental requirements of CAM are to: (a) monitor compliance in a manner that is sufficient to yield data that provide a reasonable assurance of compliance and allow an owner or operator to make an informed certification of compliance; (b) take necessary corrective actions in response to the monitoring data; (c) report on the results of such monitoring; and (d) maintain records of such monitoring. Effective Aug. 15. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010711.html 


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 the 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 that 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 was July 19, comments due July 27. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010613.html


Proposed Regulations-Concentrated Animal Feeding Operations




  • Notice of Intended Action to amend Chapter 65, “Animal Feeding Operations,” Iowa Admin. Code.
    This amendment would incorporate by reference the Concentrated Animal Feeding Operation Registration Program as set forth in EPD Policy Procedure No. 5–b–15. Comments due July 31. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010711.html 

red bar graphic KANSAS


Department of Health & Environment, Division of Environment


KDHE "Kansas Environmental News"


red bar graphic KENTUCKY


Office of the Governor


Executive Order Imposing Six-Month Moratorium on Processing of Applications for New Electric-Generating Facilities




  • The Natural Resources and Environmental Protection Cabinet (NREPC) and the state Public Service Commission (PSC) have been ordered to suspend acceptance of these applications, study a variety of environmental and energy issues, and report their findings to the Governor by Dec. 7, 2001. “It is important that we ensure a continued, reliable source of energy for our citizens but it is also necessary that we study the potential effects that additional air emissions from new plants could bring to the state as well as their effect upon the electric supply grid,” Governor Patton said. “We must strive to strike a balance between our energy needs, our ability to generate energy for others and our commitment for a clean, safe environment.” Patton ordered the NREPC to study the cumulative environmental effects of new power plants as well as the impact new plants could have on existing environmental programs. The Executive Order directs the PSC, and other agencies, to study the need for new electric generating capacity, the impact on the electric supply grid, facility siting, and economic development issues. Patton’s order does not affect any applications that have already been filed with NREPC or the PSC and the suspension on accepting new permits will not exceed 180 days. See http://gov.state.ky.us/powermoratorium.htm


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 Environmental Quality


Proposed Regulations-Air Quality-Revision to Emission Reduction Credits Banking Regulations (LAC 33:III.Chapter 6) 



Proposed Regulations-Air Quality-Control of Emission of Organic Compounds-Calcasieu Parish Area (LAC 33:III.2103, 2104, 2109, 2115, 2122, 2143, 2147, 2149, 2151, & 2153) 



Draft Five-Year Strategic Plan



Permit Applications


red bar graphic MAINE


Dept. of Envtl. Protection


Proposed Regulations-Siting and Operation of Road Salt and Sand-Salt Storage Areas




  • This rule describes the registration, siting, and operational requirements that new sand/salt storage areas and
    some existing state and private sand/salt storage areas must meet in order to be exempt from having to obtain a waste discharge license. The rule also exempts sand/salt piles less than 30 cubic yards in size, establishes a compliance date for existing sites, and describes guidelines for granting a variance from the siting and/or operational requirements of the rule. Comments due July 31; public hearing was July 19. See http://www.state.me.us/sos/cec/rcn/apa/notices/062701.htm 

red bar graphic MARYLAND


Dept. of the Environment


Final Regulation-Underground Storage Tanks



Review of Draft Methodologies for Listing Pollution Impaired Waterbodies on the 2002 §303(d) List



Public Meetings/Hearings     



Water Quality Standard-Triennial Review


red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


Material Separation Plan Guidance For Municipal Waste Combustors, Policy For Implementation Of Mercury Emission Requirements Under The Municipal Waste Combustor Rule, Summary of Comments and Responses to Comments on Establishing a Policy for Implementation of the Mercury Emission Requirements and Modifying the Material Separation Plan Guidance



Enforcement Actions


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Proposed Regulations-Environmental Response



  • These rules bring the rules for the state cleanup program under Part 201 up to date with statutory amendments enacted in 1995 and 1996. The rules provide for land use-based cleanup criteria; set forth algorithms for calculation of generic cleanup criteria; explain requirements for remedial action plans and other stages of response activity; clarify which types of response activity require DEQ approval; clarify affirmative obligations of liable persons; and update rules that deal with program administration, such as the inventory of contaminated sites, public funding for the cleanup program, and alternate water service. A public hearing will be held on Aug. 28 at the Forum Auditorium, Michigan Library and Historical Center, 717 West Allegan, Lansing, Michigan 48909. The hearing will take place from 1:00 p.m. to 5:00 p.m. and from 6:30 p.m. to 8:00 p.m. Copies of the proposed rules available at http://www.deq.state.mi.us/erd. Copies of the rules may also be obtained by contacting the Michigan DEQ, Environmental Response Division, 300 S. Washington Square, Lansing, Michigan 48933. Written comments must be received in the Environmental Response Division office identified above by 5:00 p.m., Eastern Daylight Time, on Sept. 11. Comments should be sent to Lynelle Marolf at the address above. Information Contact: Lynelle Marolf, Environmental Response Division, 517-373-9838; E-mail at marolfl@state.mi.us

Clean Corporate Citizen (C3) Application



  • Textron Automotive–Westland Operations, in the City of Westland, Wayne County. According to MDEQ, 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, Textron Automotive– Westland Operations will be accepting public comments and making its application available for public review until July 30. Contact Textron Automotive-Westland Operations directly to submit comments or for information on reviewing the application. Written comments may also be submitted directly to the Michigan DEQ, Environmental Assistance Division, P.O. Box 30457, Lansing, MI 48909-7957, Attn: Clean Corporate Citizen Program. Please include the specific facility name in any letters submitted for public comment. Information Contact: Martin Mazurkiewicz, Textron Automotive-Westland Operations, 734-721-1000.

Permitting Calendar  





Drinking Water Revolving Fund



  • MDEQ will hold a public hearing Aug. 28 on the draft Fiscal Year 2002 PPL for the DWRF that lists projects for which complete final Project Plans were submitted to the DEQ by May 1, 2001, and the draft Fiscal Year 2002 IUP. These documents can be found at http://www.deq.state.mi.us/ead/mfsect The public hearing will be held at Michigan DEQ, Environmental Assistance Division, 2nd Floor Town Center, Conference Room B, 333 S. Capitol, Lansing, Michigan. The hearing record will remain open to receive written comments until 5:00 p.m. on Aug. 31, 2001. Comments should be sent to Chip Heckathorn, Chief, Municipal Facilities Section, Environmental Assistance Division, Michigan DEQ, P.O. Box 30457, Lansing, Michigan 48909-7957. Information Contact: Chip Heckathorn, Environmental Assistance Division, 517-373-4725.

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-Procedural Rules



  • Request for Comments: Planned Amendments to the Minnesota Pollution Control Agency’s Procedural Rules, Minnesota Rules, Parts 7000.0050 to 7000.9100. The procedural rules contain the procedures and standards of conduct the Agency and Citizens' Board must follow in making decisions. These rules were revised in 1994 and since that time a limited number of circumstances have arisen which have called for a second look at the procedural rules. The role of the MPCA Citizens' Board, for example, has become defined, necessitating the procedures the Board must follow to be more clear and explicit. The MPCA will review the ex parte communication prohibition rule part and possibly add some new language for clarification. In addition, newly enacted legislation relating to the MPCA has made a number of the rules provisions, such as delegations, redundant. The MPCA will propose to delete parts of the rule currently ineffective and clarify existing procedures. Comments due Aug. 1. See http://www.pca.state.mn.us/news/publicnotice/pn070201.html 

Permit Applications, Other Notices


red bar graphic  MISSOURI


Dept. of Natural Resources




Proposed Regulations-Air Quality





  • Amendment will increase the per ton annual permit fee from $25.70 to $28 per ton of regulated pollutant. Hearing Aug. 3; comments due Aug. 10. See http://mosl.sos.state.mo.us/moreg/2001/v26n13/v26n13b.pdf


  • 10 CSR 10-6.050 Start-Up, Shutdown, and Malfunction Conditions. The Air Conservation Commission proposes to amend this rule by amending the Purpose section, adding new sections (1), (2), (4), and (5) and renumbering and amending original section (1) as new section (3). If the commission adopts this rule action, it will be submitted to the U.S. EPA to replace the current rule in the Missouri State Implementation Plan. This amendment will clarify what constitutes a malfunction, start-up, or shutdown condition. It will also determine the reporting requirements for each condition. The evidence supporting the need for this proposed rulemaking is the public comment from the U.S. Environmental Protection Agency regarding complaints and Notices of Violation due to excess emissions commonly from the start-up, shutdown, and malfunction conditions at air pollution sources. This rule, applicable to all installations in Missouri, provides the owner or operator of an installation the opportunity to submit data regarding conditions which result[ed] in excess emissions. These submittals will be used by the director to determine whether the excess emissions were due to a start-up, shutdown, or malfunction condition. These determinations will be used in deciding whether enforcement action is appropriate. Public hearing Aug. 30; Comments due Sept. 6. See http://mosl.sos.state.mo.us/moreg/2001/v26n14/v26n14c.pdf   


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 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 


Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphic MONTANA


Dept. of Envtl. Quality


Permit Application Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphic NEW HAMPSHIRE


Legislature


Outdoor Burning Ban Legislation Enacted



Dept. of Envtl. Services


Proposed Regulations-Air Quality




  • Proposed amendments to Env-A 1406.04 (clarifies the existing rule on in-stack concentration method) and
    1450.01 (updates the list of all regulated toxic air pollutants). The proposed amendments to Env-A 1406.04 clarify the existing rule by specifying that the in-stack concentration method is based on uncontrolled emissions. The proposed amendments to Env-A 1450.01 updates the list of all regulated toxic air pollutants, classifications, and ambient air limits in accordance with RSA 125-I:4. Hearing Aug. 23; comments due Sept. 4. See http://www.des.state.nh.us/ard/prpsdrul.htm and http://www.des.state.nh.us/hearings.htm 

red bar graphic NEW JERSEY


Dept. of Envtl. Protection


2002 Water Quality Limited Segments List 




  • DEP is requesting submission of water quality related data to support the development of the 2002 Water Quality Limited Segments List under §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


Proposed Regulations-Air Quality-Oxygenated Gasoline



  • July 30-31 hearings. The U.S. EPA has promulgated rulemakings removing the requirement that oxygenated gasoline be used in both the New York City Consolidated Metropolitan Statistical Area and the Syracuse Metropolitan Statistical Area during winter months. Being revised is 6 NYCRR, Subpart 225-3, Fuel Composition and Use-Gasoline. Part 200, General Provisions, will also be revised to reflect the changes to Subpart 225-3. The amendments to Subpart 225-3 remove the requirement that oxygenated gasoline be used in the New York City and Syracuse Metropolitan areas during winter months. The use of oxygenated gasoline is currently required in the State Implementation Plan for carbon monoxide for Onondaga County (CO SIP) as a contingency measure. The CO SIP will be revised to substitute the automobile inspection and maintenance program for the oxygenated fuel requirement. In addition, the ozone SIP is being revised to include a document entitled, "RACM Analysis for the New York Portion of the New York Metropolitan Area Severe Ozone Nonattainment Area." The results of this analysis show that there are no reasonably available control measures to advance the ozone attainment date. 

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, 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 emissions by 50% beyond federal CAA requirements by 2007, and to expand summertime 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 that 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 Dec. 5, 1997, through July 6, 1999, into the New York state regulations. In addition, typographical errors and inconsistencies discovered in the regulations compared to federal regulations are corrected. Adoption of many of these federal amendments is necessary for the state to maintain final authorization from the U.S. EPA to administer and enforce NYSDEC's hazardous waste management program in lieu of the federal hazardous waste management program. Adoption of the proposed amendments will also eliminate duplicative state and federal regulations of several hazardous waste management activities. Hearing was July 19; comments due July 24. See http://www.dec.state.ny.us/website/enb/20010516/not0.html

Emergency Regulations-Radioactive Waste



  • An Emergency Adoption was filed with the Department of State and became effective on July 6, 2001, to amend 6 NYCRR Part 380 to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. Nuclear Regulatory Commission. This emergency rule was proposed for permanent adoption in the State Register on Nov. 15, 2000. It allows for this rule to be in effect while it goes through the rulemaking process for permanent adoption. The purpose of the rule is to control the disposal of wastes contaminated with the radioactive wastes from the extraction of uranium and thorium from ores. The rule requires that these radioactive wastes be disposed of at facilities authorized to accept radioactive waste, and will effectively exclude them from Part 360 and Part 373 landfills, unless a variance to Part 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 the date of filing with the Department of State, i.e., until Sept. 4, 2001.

Division of Water-Draft Consolidated Assessment and Listing Methodology



  • Section 303(d) list development. The Methodology consists of three separate parts. The Monitoring Strategy provides an overview of the NYSDEC water quality monitoring program. The Assessment Methodology details the evaluation of monitoring data and information to determine levels of water quality and use support. And, lastly, the Listing Methodology outlines the identification and prioritization of waters that do not meet water quality standards or support designated uses. Comments due Aug. 17. See http://www.dec.state.ny.us/website/dow/calm303d.html  

Proposed List of Recommended Water Quality Improvement Projects Under The Clean Water/Clean Air Bond Act of 1996



ALJ Rulings



Environmental Notice Bulletin (Permit Applications) 



Permit Applications



Coastal Management Program Notices


red bar graphic  NORTH CAROLINA


Coastal Resources Commission


Buffer Exceptions, Other Proposed Rule Revisions



  • The N.C. Coastal Resources Commission (CRC) could adopt new exceptions to the 30-foot buffer rule following a public hearing July 25.

    The CRC will meet at 10 a.m. Wednesday, July 25, and 8:30 a.m. Thursday, July 26, in the Ground Floor Hearing Room of the Archdale Building, 512 N. Salisbury St., Raleigh. A public hearing on the buffer rule exceptions and three other rule proposals is scheduled for 3:30 p.m. Wednesday. The CRC could vote on them on July 26. 

    The buffer rule, which took effect last year, requires new development along non-oceanfront coastal shorelines to be built at least 30 feet from the water. Proposed changes to the buffer rule would expand and make permanent a temporary exception that allows houses to be built within the buffer on small previously platted lots in intensely developed areas. The exception would allow property owners to align their house with those of their neighbors. It would apply to undeveloped lots that are:

    · 5,000 square feet or less (7,500 square feet or less if an onsite septic system is required);

    · platted prior to June 1, 1999;

    · located in an intensely developed area (houses present on both sides immediately adjacent to the lot);

    · not located adjacent to approved or conditionally approved shellfish waters.

    Another proposed change would benefit owners of undeveloped lots that are larger than 5,000 square feet. The existing exception allows a new house to encroach into the buffer if the lot size or configuration prevents construction outside the 30-foot zone, but it limits the amount of ground the house can cover to 1,000 square feet. The proposed exception would increase the footprint limit to 1,200 square feet. The change would allow for the construction of homes that are more consistent in size with existing structures.

    The changes in the buffer rule also would allow certain structures with non-water-dependent uses--such as fences, crab shedders and unroofed decks--inside the buffer. The exceptions would take effect in Aug. 2002.

    During the hearing, the CRC also will collect public comments on the following rule proposals: 

    · Amendments to oceanfront setback exceptions--The proposal would require new swimming pools and tennis courts on the oceanfront to meet setback requirements. Concrete foundations for storage sheds also would be prohibited inside the setback zone. The rule also would allow sand fences within the setback area.

    · CAMA permit exemption for single-family residences located solely in High-Hazard Flood Areas of Environmental Concern--The proposal would exempt single-family houses and associated infrastructure in these areas from permit requirements as long as the development was consistent with other CAMA standards and the local land-use plan. Additions to existing houses also would be exempt. Coastal Management staff proposed the exemption because a federal change in flood insurance rate maps in the mid-1990s caused property located several blocks away from the ocean to be subject to CAMA permit requirements.

    · Amendments to the exemption for accessory structures--This proposal would more tightly define the definition of "accessory structures." It would define an accessory building as one that is smaller than the principal structure and can be built without expanding that structure. Also, it must have a use that is subordinate to that of the principal structure. However, a building with a footprint of 100 square feet or less would be considered an accessory building as long as it was smaller than the principal structure and had a subordinate use. Examples include buildings that house compressors, air-conditioning and heating units, water and sewer pumps or electrical boxes. See http://www.enr.state.nc.us/newsrels/long3.htm 

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. 


Proposed Regulations-Coastal Management; Land Use Planning Guidelines



 



  • In Nov. 1998, the CRC authorized the appointment of the Land Use Plan Review Team to evaluate the CAMA land use planning program and make recommendations for improvement. Based on the recommendations submitted in Sept. 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 and will be formally proposed this summer. 

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



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


Proposed Regulations-Solid Waste Landfills



  • Ohio EPA has proposed revisions in rules governing sanitary, scrap tire monofill/monocell, industrial, and residual waste landfills and is holding a public hearing on Friday, July 27, 2001, to take comments on the proposed changes. The hearing will begin at 10 a.m. at Ohio EPA, Lazarus Government Center, 6th Floor Training Room, 122 South Front Street, Columbus. 

    Major changes in these rules include: 

    (1) allowing a less dense material as a filter layer so leachate can more easily trickle through the ground into a collection system, preventing pooling or running off into rivers, streams, ditches, etc.; 

    (2) adding design criteria for structural stability that establish more detailed minimum standards for a landfill slope; 

    (3) prohibiting vertical expansion over unlined areas, unless a liner is used to separate the old and new sections; 

    (4) removing the "deemed acceptable by the director" language from all siting criteria rules and proposing a variance rule in its place, which would allow the director to grant or deny variances that are already established in law; 

    (5) extending the distance a landfill must be located from national parks, recreation areas, and state parks to 1,000 feet; 

    (6) clarifying the minimum number of background samples necessary to perform a groundwater evaluation to determine if a leachate release has occurred; 

    (7) a requirement for a map to show where overfilled waste has been placed in addition to the original landfill area, when approved limits are exceeded; and 

    (8) incorporating all operational and compliance requirements into one rule. 

    Written comments may be mailed to Peter Clingan, Division of Solid and Infectious Waste Management, P.O. Box 1049, Columbus, Ohio 43216-1049, and should be submitted by the close of business on July 27, 2001. Written comments also may be submitted to the hearing officer at the public hearing. Written testimony will
    receive the same consideration as verbal testimony. Copies of the proposed rule changes are available by contacting the Division of Solid and Infectious Waste Management at (614) 644-2621. In addition, copies of all proposed rules are available for review at any Ohio EPA district office and at Ohio EPA's central office. The proposed rules also are accessible at http://www.epa.state.oh.us/dsiwm/pages/draftrule.html

Proposed General Permit



  • OEPA is proposing to issue a general permit to regulate discharges to waters of the state from select household sewage treatment systems. The permit would cover systems serving one-, two-, or three-family residential dwellings in two circumstances: if a discharging system is necessary for new construction, or to replace an existing failing system. If a disposal system can be installed that does not require a discharge, coverage by this Ohio EPA permit is not necessary. OEPA has developed this general permit to complement the Ohio Department of Health's current rulemaking that updates the minimum requirements for household sewage treatment. Although this permit is being developed and will be issued by OEPA, individual homeowners will continue to work directly with local health departments to obtain all necessary permits to install and operate their household sewage treatment systems. The local health departments will continue to perform site inspections, recommend the type of system that can be installed, and determine if coverage by this general permit is necessary. Informational hearings in July and Aug. See http://www.epa.state.oh.us/dsw/docindex.html and http://www.epa.state.oh.us/pic/nr/2001/july/hhsewage.html  

OEPA Actions, Notices by County



Public Meetings



Pending Air Permits


red bar graphic OKLAHOMA


Dept. of Envtl. Quality


Proposed Regulations-Air Quality




  • Air Quality Council Meeting Aug. 15, sponsored by DEQ. OAC 252:100-5-2.2(b), Registration, Emission Inventory, and Annual Operating Fees [AMENDED]. The proposed revision will provide for an increase in annual operating fees. OAC 252:100-8, Permits for Part 70 Sources, [AMENDED]. The proposed revisions will change the rule to be consistent with the federal Part 70 operating permit program. 9:00 a.m., OSU at Tulsa, 700 N. Greenwood, Room 150, Tulsa, OK. Contact: Scott Thomas (405) 702-4100. See http://www.deq.state.ok.us/air1/current.html (forthcoming). 

red bar graphic OREGON


Legislature


Enacted Environmental Legislation



Dept. of Envtl. Quality


Final Regulations-Underground Injection Controls



  • The rules prohibit the use of large capacity cesspools and systems that dispose of motor vehicle waste or hazardous materials such as petroleum products, anti-freeze, and solvents. They also require that injection system owners contact the Oregon Department of Environmental Quality prior to constructing new injection systems. The revised rules give more direction on the kinds of stormwater injection systems that are allowed. After Sept. 2001, owners of some kinds of injection systems will be required to have stormwater management plans to keep pollution out of stormwater before it is injected. See http://waterquality.deq.state.or.us/wq/groundwa/uichome.htm and http://www.deq.state.or.us/news/releases/255.htm 

Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


NPDES Permit Applications



Notice of Additional Public Meeting/Hearing and Extension of Public Comment Period on Draft Antidegradation Guidance



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-Hazardous Waste




  • Proposed Amendment of R.61-79, Hazardous Waste Management Regulations: U.S. EPA promulgates amendments to 40 C.F.R. pts.124, 260 through 266, 268, 270, and 273 throughout each calendar year. Recent amendments include revised standards for hazardous air pollutants for hazardous waste combustors (MACT standards); technical amendments to Land Disposal Restrictions Phase IV; a new rule which allows certain generators of F006 sludges up to 180 days to accumulate without a permit, under specific conditions; the vacating of previous listings for organobromine production wastes; and other minor amendments. In addition, minor typographical errors may be corrected to achieve conformity with federal regulations. These rules and other amendments have been published in the Federal Register between Sept. 30, 1999, and June 30, 2000. DHEC intends to amend R.61-79 to adopt federal amendments through June 30, 2000, to maintain conformity with federal requirements and ensure compliance with federal standards. No preliminary assessment report, preliminary fiscal impact statement, nor legislative review of this proposed amendment is required. A Notice of Drafting was published in the State Register on Sept. 22, 2000; the drafting comment period closed Oct. 27, 2000. Staff was granted Board initial approval on June 14, 2001, to publish a Notice of Proposed Regulation in the State Register on July 27, 2001, to provide opportunity for public comment and to conduct an Informational Forum. For additional information, contact Ms. Suzanne Rhodes, DHEC, Bureau of Land and Waste Management, 2600 Bull St., Columbia, S.C. 29201; Phone: 803/896-4000; E-mail address: rhodessh@columb34.dhec.state.sc.us.



  • DHEC is proposing amendments to R.61-79 to remove state provisions that are not required for federal compliance and that provide financial assurance for restoration of environmental impairment. Removal of these provisions is proposed as a result of an Apr. 4, 2000, decision of the South Carolina Court of Appeals. This amendment will remove the environmental impairment regulations which were published as proposed in the State Register on June 24, 1994, and published as final regulations in the State Register on June 23, 1995, as Document No. 1823. Affected sections are R.61-79.264, subsections .152, and .153 and cross-references at 264.140 and 265.140. Legislative review will be required. A Notice of Drafting was published in the State Register on Oct. 27, 2000. The drafting comment period closed Nov. 27, 2000. Staff was granted Board initial approval on June 14, 2001, to publish a Notice of Proposed Regulation in the State Register on July 27, 2001, to provide opportunity for public comment and to conduct an Informational Forum. For additional information, contact Ms. Suzanne Rhodes, DHEC, Bureau of Land and Waste Management, 2600 Bull St., Columbia, S.C. 29201; Phone: 803/896-4000; E-mail address: rhodessh@columb34.dhec.state.sc.us.



  • Certain waste residues from the production of butyl tins have been demonstrated to be hazardous to marine flora and fauna. Both state and federal laws allow for the promulgation of such regulations, procedures or standards, as may be necessary to protect the health and safety of the public, the health of living organisms, and the environment. DHEC intends to add state listings for solid wastes containing certain organo-tin compounds to R.61-79.261. The intention of this amendment will be to bring certain organo-tin compounds under hazardous waste regulation, since mismanagement of these compounds poses a threat to human health and the environment. Legislative review will be required. A Notice of Drafting was published in the State Register on Dec. 22, 2000. The drafting comment period closed Jan. 22, 2001. Staff was granted Board initial approval on June 14, 2001, to publish a Notice of Proposed Regulation in the State Register on July 27, 2001, to provide opportunity for public comment and to conduct an Informational Forum. Staff was granted Board initial approval on June 14, 2001, to publish a Notice of Proposed Regulation in the State Register on July 27, 2001, to provide opportunity for public comment and to conduct an Informational Forum. For additional information, contact Ms. Suzanne Rhodes, DHEC, Bureau of Land and Waste Management, 2600 Bull St., Columbia, S.C. 29201; Phone: 803/896-4000; E-mail address: rhodessh@columb34.dhec.state.sc.us.


Proposed Regulations-Regulation 61-67, Standards for Wastewater Facility Construction



  • The Department will consider revisions including, but not limited to, the use of vacuum sewer systems and criteria for alternative collection system use. The Department will also consider the consistency of administrative and technical review issues in comparison with the drinking water standards (R.61-58). The Department will evaluate changes in pump and haul criteria, service connection and water supply intake definitions, criteria for sewer design related to infiltration and inflow, rules for application submittal requirements, and available capacity at treatment plant determinations. The Department will consider other minor changes and issues needed to clarify the existing regulation. Comments due July 23. 

Proposed Regulations-Drinking Water Quality




  • Proposed Amendment of R.61-58, State Primary Drinking Water Regulations. DHEC proposes to revise the regulations to include requirements promulgated under the National Primary Drinking Water Regulations: Public Notification Rule, and the Radionuclide Rule. The Public Notification Rule revises current public notification procedures requiring public water systems to notify the public any time a water system violates a primary drinking water regulation or has other situations posing a risk to public health. This rule applies to all public water systems. The Radionuclide Rule revises the monitoring requirements for radionuclides. Monitoring and reporting of radionuclides applies to Community public water systems. This action is mandated by the 1996 amendments to the federal SDWA. Proposed regulations will comply with 40 C.F.R. pts. 141 and 142. The final Public Notification Rule was published in the May 4, 2000, Federal Register, with an effective date of June 5, 2000. Primacy States must adopt this rule by May 6, 2002. The Radionuclide Rule was published in the Dec. 7, 2000, Federal Register, with an effective date of Dec. 8, 2003. Other minor revisions will include, but not be limited to, deletion of the Maximum Contaminant Level for Nickel and the aldicarbs, deletion of the Phase I VOC monitoring for surface water systems and the review of the analytical methodology for coliform. These revisions are to align the State Primary Drinking Water Regulations with federal regulations. The proposed regulations will comply with federal law and are exempt from legislative review; neither a preliminary assessment report nor a fiscal impact statement is required.


Final Regulations-R.61-55. Septic Tank Site Evaluation Fees



  • R.61-55, Septic Tank Site Evaluation Fees, establishes fees for inspection and support activities associated with the septic tank systems and onsite wastewater management. This regulation incorporates a fee increase of the fees previously provided for in annual provisos to the state budget.

Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Permit Applications


red bar graphic  TEXAS


Natural Resource Conservation Commission


Draft Innocent Owner/Operator Guidance



TNRCC Proposes Repeal of Rules Restricting Use of Construction Equipment



  • The TNRCC proposed to repeal of rules that were adopted last year as part of the State Implementation Plan (SIP) to help the Dallas/Forth Worth and Houston/Galveston nonattainment areas meet the U.S. EPA NAAQS for ozone. The rules would have restricted the hours of operation for construction and industrial equipment in order to delay the emissions of nitrogen oxides (NOx), a key ozone precursor, until later in the day, thus limiting ozone formation. The mixing of NOx and volatile organic compounds (VOCs) in the presence of sunlight early in the day optimizes the formation of ozone. Restricting the operation of construction equipment during morning hours can reduce these ozone forming compounds to minimize the critical mixing time. The rules also would have required owners or operators of diesel-powered equipment to replace their equipment with those that emit less NOx and VOCs. Senate Bill 5, passed by the 77th Legislature, requires the TNRCC to submit an SIP revision to the EPA deleting the requirements of these rules from the SIP no later than Oct. 1, 2001. The diesel emission reduction incentive program contained in the bill will replace the repealed rules and result in an equivalent level of emission reductions. See http://www.tnrcc.state.tx.us/exec/media/press/07-01siprep.html 

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 

Memorandum of Understanding (MOU)--Cross-Border Natural Gas Pipelines



  • This rule will adopt an MOU among the Office of the Secretary of State, the Railroad Commission of Texas, the Texas Historical Commission, the Texas General Land Office, the Texas Natural Resource Conservation Commission, and the Texas Public Utility Commission to establish a single point of contact for assisting prospective permit applicants in the permitting of natural gas pipelines that cross the border between Texas and Mexico. Comments due July 30. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01020.pdf  

Proposed Regulations-Air Quality




  • Dockside Emissions. Correction of definitions and elimination of inconsistencies between state and federal rules. Revised sections to be submitted to U.S. EPA as a decision of Texas SIP. [Chapter 116]. Public hearing was July 19; comments due July 23. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01002.pdf and http://www.tnrcc.state.tx.us/oprd/hearings/ph01002.pdf (notice)

  • Exemption to Low Reid Vapor Pressure Gasoline Requirements. To provide an exemption for fuel being used for research, development, and test purposes. [Dallas/Fort Worth SIP]. Public hearing was July 17; comments due July 23. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc01009.pdf and http://www.tnrcc.state.tx.us/oprd/hearings/ph01009.pdf (notice)

  • SB 5: Repeal Construction Equipment Operating Restriction Rules and Accelerated Purchase of Tier 2/Tier 3 Rules in DFW and HGA. The TNRCC proposes to repeal of rules that were adopted last year as part of the SIP to help the Dallas/Forth Worth and Houston/Galveston nonattainment areas meet the U.S. EPA NAAQS for ozone. The rules would have restricted the hours of operation for construction and industrial equipment in order to delay the emissions of NOx, a key ozone precursor, until later in the day, thus limiting ozone formation. The mixing of NOx and VOCs in the presence of sunlight early in the day optimizes the formation of ozone. Restricting the operation of construction equipment during morning hours can reduce these ozone forming compounds to minimize the critical mixing time. The rules also would have required owners or operators of diesel-powered equipment to replace their equipment with those that emit less NOx and VOCs. Senate Bill 5, passed by the 77th Legislature, requires the TNRCC to submit an SIP revision to the EPA deleting the requirements of these rules from the SIP no later than Oct. 1, 2001. The diesel emission reduction incentive program contained in the bill will replace the repealed rules and result in an equivalent level of emission reductions. See http://www.tnrcc.state.tx.us/exec/media/press/07-01siprep.html Senate Bill 5, Article 18 requires that the four divisions (2, 4, 8, and 9 of Subchapter I) regarding construction equipment operating restrictions and accelerated purchase of Tier 2/Tier 3 diesel be removed from the SIPs for Dallas/Fort Worth and Houston/Galveston. Also see http://www.tnrcc.state.tx.us/oprd/sips/terp.html for additional information. Public hearings Aug. 13-14. Comments due Aug. 14. See http://www.tnrcc.state.tx.us/oprd/sips/01025a114.pdf 

  • SB 5: Retrofit and Repower Incentive Program for On-Road and Non-Road High-Emitting Engines. Rules establishing an incentive program for the repower, retrofit or add-on, use of a qualifying fuel, and the development and demonstration of new engine technologies used in on-road and non-road equipment that would reduce NOx emissions not otherwise required by federal requirements. Also see http://www.tnrcc.state.tx.us/oprd/sips/terp.html for additional information. Public hearings Aug. 13-14. Comments due Aug. 14. See http://www.tnrcc.state.tx.us/oprd/sips/01025b114.pdf 

  • SB 5: New Purchase and Lease Incentive Programs for Light-Duty and Heavy-Duty On-Road Vehicles. 
    Rules establishing a state-wide incentive program for the purchase or lease of new on-road diesel vehicles and light-duty motor vehicles that meet emission standards more stringent than those required by federal requirements. Provides incentives which will be based on the emission standard to which the vehicle is certified. Also see http://www.tnrcc.state.tx.us/oprd/sips/terp.html for additional information. Public hearings Aug. 13-14. Comments due Aug. 14. See http://www.tnrcc.state.tx.us/oprd/sips/01025c114.pdf 

  • SB 1, Art. VI, Rider 30: Emissions Fees for Upset and Maintenance Emissions. Rider 30 requires that emissions from upset and maintenance be included in the total emissions for each account as part of the basis for calculating the operating permit fees (emissions fees) due. Hearing Aug. 13; comments due same date. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01030101_pro.pdf  

Permit Hearings



Public Hearings/Proposed Rules


red bar graphic  UTAH


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



Proposed Regulations-Drinking Water



Permit Applications


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Dept. of Envtl. Conservation


Permit Applications


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Dept. of Envtl. Quality


Public Meeting, Hearing Notices; Other Regulatory Notices



  • Available at http://www.deq.state.va.us/public/permits.html and http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseIndex.cgi?URL_NAME=CALENDAR

  • Approved wetlands regulations (Virginia Water Protection permit regulation and general permits). The State Water Control Board approved final regulations on June 12, 2001. The regulations covering projects by the Virginia Department of Transportation take effect Aug. 1, 2001; the regulations for other projects take effect Oct. 1, 2001. See http://www.deq.state.va.us/regulations/xwaterregs.html#wetland  

  • Air Pollution Control Board; Proposed NOx SIP Call Implementation. See http://www.deq.state.va.us/pdf/air/planning/D9805PC.pdf and http://www.deq.state.va.us/pdf/air/planning/D9804TP.pdf for background information. In general, DEQ is seeking comment regarding how to redraft the proposed regulation to meet the federal requirements. However, there are specific issues relative to the changes required by the new legislation on which DEQ is seeking comment. The department is also seeking comment on how to redraft the proposed regulation to address the EPA comments in combination a June 8, 2001, decision of the United States Court of Appeals for the District of Columbia remanding the growth factors that EPA used for the electric generating unit emissions budgets in the NOx SIP Call Rule for reconsideration. In addition, there are specific issues on which DEQ is seeking comment, as noted in the background document. See generally http://www.deq.state.va.us/air/planning/noxsip.html .

  • Air Pollution Control Board; Proposed amendments to the Regulations for the Control of Air Pollution (Revision B00-Technical Documents Incorporated by Reference). Proposed amendments will incorporate the latest edition of referenced technical documents into the Regulations for the Control and Abatement of Air Pollution. Aug. 16 hearing. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1173

  • Water Board, notice of intent to adopt regulations governing the discharge of sewage from boats. Public meetings Aug. 2, 3, and 6. Regulations would address discharges of sewage and other wastes (decayed wood, sawdust, oil, etc.) from boats, especially with regard to implementation of no discharge zones. See http://www.townhall.state.va.us/ 

  • Public notice of public comment and public hearing on the development of a TMDL for PCBs in the South Fork Shenandoah River/Shenandoah River and the North Fork Shenandoah River. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=165 

  • Public notice of public comment and public hearing on the development of a Total Maximum Daily Load (TMDL) for fecal coliform bacteria on an approximate 7.4-mile segment of Thumb Run. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=166 

  • Public notice of public comment and public hearing on the development of a TMDL for Holmans Creek in Shenandoah County. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=167 

  • Public briefings on progress on Chesapeake 2000: A Watershed Partnership, late July and August. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=170 

  • The Virginia Waste Management Board is proposing to amend the Hazardous Waste Management
    Regulations, 9 VAC 20-60-10 et seq., in Amendment 15 B. The proposed change consists of deletion of
    9 VAC 20-60-261 B 8, which concerns the relationship of low-level nuclear wastes and hazardous
    wastes. This item is being deleted for clarity and because it is no longer needed. Comments due Aug. 15 and Sept. 6. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=161 

  • The Virginia Waste Management Board is proposing to amend the Hazardous Waste Management
    Regulations, 9 VAC 20-60-10 et seq., in Amendment 15 A. Changes proposed include:

    (1) The removal of analogous text in Part XI and its replacement with language incorporating federal text
    from Title 40 of the Code of Federal Regulations is a major change to the regulations proposed in
    Amendment 15 A. 

    (2) In 9 VAC 20-60-262, the requirement is removed for generators to give a fifteen day prior notification
    before creating a new accumulation area. 

    (3) In 9 VAC 20-60-264 B 16 & 17, the use of “hazardous constituent” as used in 40 CFR 294.93 is
    expanded to include 40 C.F.R. pt. 294, Appendix IX constituents, and 40 C.F.R. §264.94(a)(2) is changed to include current primary drinking water standards rather than an out-dated table included in the federal text. U.S. EPA is examining its policy regarding state programs for universal waste that allow crushing of
    the waste lamps (mercury containing bulbs). In its own universal waste rules for used lamps (incorporated by reference in the proposed regulations), it does not allow crushing; however, many state programs, including Virginia’s, allow crushing. The proposed regulation, in a separate provision, allows crushing under controlled conditions. Aug. 15 hearing; Sept. 14 comment deadline. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=172 

red bar graphic  WASHINGTON


Dept. of Ecology


Sustainable Vision for Washington State's Solid Waste; Management Plan Summary Report



State Environmental Policy Act Register


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Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


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Office of the Governor


Drought Emergency Proclamation



Dept. of Natural Resources


Air Rules Development



Public Hearing and Meeting Schedule



red bar graphic WYOMING


Dept. of Environmental Quality


NPDES Permit Applications



Draft Regulations-Water Quality


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

INTERNATIONAL
large red bar graphic

red bar graphic GENERAL



  • A "Green Electricity Market" trading program began in Australia. See http://www.gemoz.com 

  • The German Bundesrat rejected a proposal calling for a mandatory deposit on beverage cans and containers. 

  • The World Bank announced a new initiative to place increased emphasis on environmental issues and consequences in making development decisions. Ian Johnson of the Bank said "We have strived to integrate environment into the development agenda of the bank because sustainability is at the heart of development. The strategy reflects a meeting of minds coming from different perspectives. Given the complexity of development, inevitably there are a variety of views about directions, priorities and speed in integrating environment into development." 

  • Korea's Ministry of Environment released draft regulations dealing with environmental impact assessment and risk assessment. See http://www.moenv.go.kr

  • A Mexican court rejected an appeal by two activists, Rodolfo Montiel and Teodoro Cabrera, who were 
    jailed in 1999 while they were leading an anti-logging campaign. Montiel was a 2000 winner of the Goldman Foundation award. 

  • An Italian environmental advocacy group issued a report noting that water quality is poor, with many treatment plants malfunctioning and a large majority of waterways polluted. See http://www.legambiente.it

  • Standards for the management of ballast water went into effect in Australia. See http://www.affa.gov.au/docs/quarantine/shipping/ballast.html

  • CNN.com reported that proposals for whale sanctuaries, one in the South Pacific and the other in the South
    Atlantic, are likely to be defeated during an International Whaling Commission meeting in London. See http://www.cnn.com/2001/WORLD/asiapcf/auspac/07/16/pacific.whaling/ 

  • Australia's Gene Technology Regulator issued details of genetically modified organism field testing, in accordance with the Gene Technology Act of 2000. See http://www.ogtr.gov.au

red bar graphic CLIMATE CHANGE



  • The ministerial phase of the Bonn talks began with chair Jan Pronk expressing optimism, saying "[i]t is possible to reach a result. My hopes are growing day by day." But many seemed to feel the way one observer put it, by saying "[t]here's a bit of an air of unreality in some [of] this, with the Americans there, but not really on board." Carbon "sinks," funding for developing countries, trading of emissions "credits" and ensuring compliance are the four most important, but far from the only, issues in dispute. Many are looking toward the G-8 meeting in Genoa, Italy, and further Kyoto talks scheduled for October in Marrakech, Morocco. 

  • Japan, Australia, and Canada asked for a more flexible method of counting carbon "sinks" toward countries' greenhouse gas reduction totals. Japan continued to issue somewhat conflicting statements, while the U.S. attendees did not offer a counter-proposal. President Bush has recommended hundreds of millions of dollars in funds for continued research into climate change. European Union Environment Commissioner Margot Wallstrom continued to opine, this time on U.S. domestic politics, saying "[m]aybe it is too difficult for American politicians. Is it possible for political leaders in the U.S. to say you can't have two or three cars or that you can't drive to the post office box?" 

  • The Christian Science Monitor reported that studies suggest Kyoto would be beneficial for the economies of developed countries, including the U.S. See http://www.csmonitor.com/durable/2001/07/19/p1s1.htm Among other studies, the article referenced a report ECOFYS noting that Kyoto would cost the European Union only 0.15% of gross domestic product by 2010, while Japanese GDP would grow 0.9% faster with Kyoto than without it. See http://www.ecofys.com/reports/index_en.html 

  • Institute for International Economics Senior Fellow John Williamson called, in a letter to the Financial Times, for renewed consideration of a carbon tax. "One advantage of having a US president whose anti-tax credentials are not in question is that he will be in an ideal position to give a political lead on this if he understands that responding to concerns about climate change is now a political imperative and wishes to do that in a more market-friendly way than Kyoto," Williamson said. See http://globalarchive.ft.com/globalarchive/articles.html?id=010719000811#docAnchor010719000811 

  • On the other hand, Steven Milloy of the Cato Institute wrote that global warming can have beneficial effects. See http://www.usatoday.com/news/comment/2001-07-19-ncguest1.htm His views, articulated in USA Today, were countered by those of professor Rick Steiner of the University of Alaska. See http://www.usatoday.com/news/comment/2001-07-19-ncguest2.htm 

  •  A group of scientists signed the "Amsterdam Declaration" urging immediate action. See http://www.sciconf.igbp.kva.se/Amsterdam_Declaration.html and http://www.igbp.kva.se/cgi-bin/php/frameset.php 

  • A report prepared by Tom Wigley, of the National Center for Atmospheric Research, and Sarah Raper, of the University of East Anglia in the U.K., appearing in Science, concludes that average global temperatures will rise between 4 and 7 degrees Fahrenheit during this century, five times the elevation noticed during the last century.