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Weekly Update Volume 31, Issue 26

09/17/2001

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

  red bar graphic  CAA, NONATTAINMENT STATUS, OZONE, REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT):


The Sixth Circuit vacated EPA's redesignation of the Cincinnati metropolitan area in Kentucky and Ohio to attainment status for ground-level ozone under the CAA. After EPA redesignated the metropolitan area in 2000, two individuals and an environmental group challenged the redesignation as well as the Agency's approval of clean air maintenance plans for the area. EPA's use of attainment-emissions inventory to demonstrate maintenance meets the CAA's requirements. Although 40 C.F.R. §51.112(a) states that air quality models shall be used to demonstrate the adequacy of control strategies, EPA interprets this regulation to apply only to attainment demonstrations and not, as here, to CAA §175A stand-alone maintenance plans. EPA memorandum indicate that states may demonstrate maintenance using modeling or through other indication showing that future emissions will not exceed attainment levels. Thus, the EPA's construction of 40 C.F.R. §51.112(a) is neither impermissible nor in conflict with the CAA. Likewise, the maintenance plans did not need to include an enforcement program because EPA permissibly determined that the states fulfilled the requirement of submitting a program to provide for the enforcement of maintenance measures when the Agency previously approved the states' SIPs. Moreover, Kentucky's failure to revise its SIP to meet transportation conformity requirements does not render the redesignation improper. However, EPA abused its discretion when it determined that it could redesignate the metropolitan area as achieving attainment before Ohio had fully adopted all of the CAA's RACT rules. Ohio's SIP had failed to adopt all of the RACT rules for volatile organic compounds covered by EPA's control technique guidelines. EPA's own policy requires full adoption of the RACT rules, and CAA §182(b)(2) requires a SIP to include RACT provisions. EPA claimed that the CAA allows the RACT rules to be incorporated in the Ohio SIP's contingency provisions, but contingency provisions are not immediately effective and do not require the adoption of the RACT rules. Similarly, CAA §§175A(d) and 182(b)(2) do not allow EPA to replace the RACT rules with contingency measures. Wall v. United States Environmental Protection Agency, No. 00-4010 (6th Cir. Sept. 11, 2001) (15 pp.).

red bar graphic  CAA, NONATTAINMENT, MOTOR VEHICLE EMISSIONS BUDGET (MVEB), OZONE:

The Fourth Circuit denied an environmental group's petition to review EPA's approval of Maryland's revised MVEB for the Baltimore ozone nonattainment area. In 1999, EPA determined that the MVEB in the state's attainment demonstration SIP revision for the Baltimore area was inadequate for CAA conformity purposes. When the state submitted a revised MVEB, it used updated data that indicated more vehicles and higher emissions than those provided in the original MVEB. EPA then approved the revised MVEB even though the revised budget was higher than the original inadequate budget. An environmental group petitioned for judicial review of EPA's approval and argued that EPA violated the CAA by approving a revised MVEB that lacked the support of new air quality modeling. However, the CAA does not expressly require the submission of new modeling when an MVEB contained in a submitted attainment SIP is revised. Although CAA §182(c)(2)(A) requires attainment demonstrations to be supported by sufficient modeling, it does not establish the time frame for that modeling, nor does it specify that new modeling must be performed when a SIP is revised. Thus, the CAA does not prevent the use of previously performed modeling that, as here, shows attainment. Moreover, although the CAA generally contemplates that conformity determinations will be made by reference to an approved SIP, the Act does not address how conformity determinations should be made in the absence of an approved SIP. Therefore, it cannot be said that EPA's approval of the MVEB in the absence of an approved SIP for the Baltimore area violated CAA §176(c). Likewise, EPA's approval of the MVEB without new modeling is not inconsistent with CAA §§110(k)(3) and 110(l)'s requirements for approval of an SIP revision because the CAA does not require new modeling. Further, EPA did not act arbitrarily or capriciously when it declined to require new modeling for the revised MVEB. EPA factored into its MVEB approval the sufficiency of existing modeling, which demonstrated the revisions' effects. Also, even though the revised MVEB exceeded the original MVEB, the CAA did not require EPA to impose transportation control measures on the revised MVEB. Such measures need only be adopted when actual emissions exceed the budgeted level. In addition, EPA did not violate the APA's concise general statement requirement because the Agency sufficiently explained the basis and purpose of its approval of the MVEB. 1000 Friends of Maryland v. Browner, No. 00-1489 (4th Cir. Sept. 11, 2001) (20 pp.).

red bar graphic  NEPA, CAA, FEDERAL LAND TRANSFER, STANDING, SUBJECT MATTER JURISDICTION:

The Ninth Circuit affirmed in part and reversed in part a district court grant of summary judgment in favor of the BLM in a suit brought by an individual who alleged that a BLM transfer of federal lands in Nevada violated the CAA and NEPA. The individual claimed that the BLM failed to comply with NEPA in completing the EA for the transfer and that the transfer violated the CAA's conformity provision by exacerbating air quality problems in the Las Vegas nonattainment area. The district court held that it lacked standing to review the individual's CAA claim and that the individual lacked standing to bring the NEPA claim. As the district court noted, federal regulations exempt federal land transfers from the CAA's conformity requirements. Thus, the individual's CAA challenge to the transfer must be considered a challenge to the validity of this exemption, and challenges to nationally applicable regulations may only be filed in the U.S. Court of Appeals in the District of Columbia. Therefore, the district court properly concluded that it lacked subject matter jurisdiction. However, the district court erroneously held that the individual lacked standing to bring his NEPA claim. In averring that the developments planned for the transferred land will lead to emissions that will aggravate his respiratory problems, the individual presented evidence of a credible threat to his physical well being that suffices as injury-in-fact for standing purposes. Moreover, because the development will result in new emissions that could plausibly affect the individual, he established the causation prong of standing. Further, in order to prove redressability for standing purposes, it suffices that the individual alleges that the environmental considerations required by NEPA could influence the BLM's decision to transfer the land. In addition, because the district court did not fully consider the cumulative impacts argument of the individual's NEPA claim, the district court grant of summary judgment on the merits of the NEPA claim is reversed and remanded. Hall v. Norton, No. 99-16153 (9th Cir. Sept. 12, 2001) (18 pp.). 

red bar graphic  NATIVE AMERICAN LANDS, SUBJECT MATTER JURISDICTION, LOGGING:

The Ninth Circuit affirmed a district court decision that a California Native American tribe has the authority to regulate logging by a non-Native American property owner of fee lands within the reservation. In 1995, the tribe, pursuant to its constitution, adopted a timber-harvesting plan for the reservation that established a one-half mile buffer zone around a dance ground of cultural and historic significance. The owner subsequently purchased fee lands within the reservation, received a state logging permit, and sought the tribe's permission to conduct logging. Although the tribe denied the logging request, the owner began logging. A tribal court enjoined the logging, and the owner filed a complaint in federal court asserting that the tribe did not have subject matter jurisdiction over her land. Although the General Allotment Act states that a tribe generally loses regulatory power over reservation land conveyed to a non-Native American, Congress can delegate such regulatory powers to a tribe. Here, the Settlement Act that defined the reservation ratified and confirmed the tribe's constitution, which stated that the tribe had jurisdiction over all lands within the reservation and that any tribal regulation affecting non-Native American owned reservation lands must be subject to the approval of the Commissioner of Indian Affairs. The plain language, statutory context, and legislative history of the Settlement Act establishes that Congress gave legal force to the tribe's constitution and its provisions. Further, the tribal constitution unambiguously grants the tribe authority over the owner's land and unambiguously allows the tribe to enact the timber-harvesting plan. Moreover, read together with the tribal constitution, the Settlement Act is an express delegation of authority to the tribe to regulate non-Native American lands within the reservation's boundaries. In addition, Congress could delegate regulatory authority over non-Native American lands to the tribe. Because Congress can regulate non-Native American land within a reservation under plenary authority provided by the U.S. Constitution, the owner's land remains subject to plenary federal jurisdiction. And Congress could delegate its plenary authority over the owner's land to the tribe. Bugenig v. Hoopa Valley Tribe, No. 99-15654 (9th Cir. Sept. 11, 2001) (45 pp.).

red bar graphic  EMINENT DOMAIN, EXPERT TESTIMONY, LANDFILLS:

A California appellate court affirmed a trial court's exclusion of the testimony in an eminent domain case of a property owner's expert as to the value of the property if it was operated as a landfill. A city initiated an eminent domain action over the property, and during property valuation, the owner sought to introduce expert testimony regarding the discounted cash flow of the income that could be generated from hypothetical landfill operations on the property. The district court excluded the testimony, and the owner stipulated to a judgment but then appealed the exclusion of the testimony. Generally, during a valuation, the owner must present evidence of income from a business that is conducted on the condemned property or offer proof of rental income from the property. Thus, vacant land similar to the property at issue cannot be the subject of an income study. Moreover, although the right to future exploitation of undeveloped natural resources has a present and ascertainable value for purposes of eminent domain, such value is based on substantial markets with a consistent demand for such resources. A landfill for solid waste, however, is an inchoate service with a highly competitive and volatile market, which renders a claimed expertise at fixing a value for such services chimerical. Further, where the value of  natural resources is admissible, the property is still valued as a unit with the value of the natural resources enhancing the value of the base property. Here, the owner may be entitled to an enhancement of the property value due to its use as a landfill, but the owner failed to provide a basis for the value of the property other than hypothetical business income. In addition, the district court erred in failing to offset interest on the award to the owner with the value the owner received in continuing to occupy the property after the city retained the right of possession. The city permitted the owner to continue farming the property, but the business loss that the owner experienced from that farming does not preclude offsetting the fair rental value of the property against the interest for the period of possession. City of Stockton v. Albert Brocchini Farms, Inc., No. C034813 (Cal. App. Ct. Sept. 10, 2001) (16 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 approved the CAA §111(d) negative declarations submitted by Iowa, Kansas, Missouri, and Nebraska certifying that there are no small municipal waste combustion units subject to regulation in their areas. 66 FR 46960 (9/10/01).

  • EPA proposed to approve revisions to the Pima County, Arizona, Department of Environmental Quality operating permits program. 66 FR 46972 (9/10/01).

  • EPA proposed to fully approve revisions to Kentucky's operating permits program. 66 FR 47428 (9/12/01).

  • EPA approved Pennsylvania's request for delegation of authority to implement and enforce its hazardous air pollutant regulations for perchloroethylene drycleaning facilities, hard and decorative chromium electroplating and chromium anodizing tanks, ethylene oxide sterilization facilities, halogenated solvent cleaning, and secondary lead smelting that have been adopted by reference from the Code of Federal Regulations. 66 FR 47579 (9/13/01).

  • EPA redesignated the Denver-Boulder, Colorado, metropolitan transitional ozone nonattainment area to attainment for the one-hour ozone NAAQS. 66 FR 47086 (9/11/01).

red bar graphic  HAZARDOUS & SOLID WASTES:



  • EPA entered into a proposed administrative settlement under CERCLA §122(g) in connection with the Beede Waste Oil Superfund site in Plaistow, New Hampshire. 66 FR 47670 (9/13/01).

  • EPA entered into a proposed administrative order of consent under CERCLA in connection with the National Smelting and Refining Superfund site in Atlanta, Georgia. 66 FR 47222 (9/11/01).

  • EPA entered into a proposed settlement under CERCLA in connection with the Valley Chemical Superfund site in Greenville, Mississippi. 66 FR 47223 (9/11/01).

  • EPA approved revisions to the District of Columbia's hazardous waste program under RCRA. 66 FR 46961 (9/10/01).

  • EPA exempted three Class I injection wells located at the Ticona Polymers, Inc., Bishop, Texas, facility from RCRA's land disposal restrictions. 66 FR 47216 (9/11/01).

red bar graphic  NATURAL RESOURCES:



  • NOAA amended the regulations governing activities in the Gulf of the Farallones National Marine Sanctuary to prohibit the operation of motorized personal watercraft within the sanctuary's boundaries. 66 FR 46942 (9/10/01).

red bar graphic  RISK ASSESSMENT:



  • EPA announced the availability of its report on the Food Quality Protection Act tolerance reassessment progress and interim risk management decision for butylate, announced the decision, and released the human health risk assessment and related documents supporting the decision. 66 FR 47219 (9/11/01).

red bar graphic  WATER QUALITY:



  • EPA announced the availability of the administrative record file for TMDLs addressing pesticide listings in Louisiana's Mermentau and Vermilion/Teche river basins. 66 FR 47673 (9/13/01).

  • EPA announced that it intends to approve revisions to Arkansas' public water system supervision program. 66 FR 47913 (9/14/01).

  • EPA announced that it intends to approve revisions to Oklahoma's public water system supervision program. 66 FR 47914 (9/14/01).

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

THE CONGRESS
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red bar graphic  CHAMBER ACTION




  • H.R. 434 (Emigrant Wilderness), which would direct the Secretary of Agriculture to enter into a cooperative agreement to provide for retention, maintenance, and operation, at private expense, of the 18 concrete dams and weirs located within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest in California, was passed by the House. 147 Cong. Rec. H5463 (daily ed. Sept. 10, 2001).

  • H.R. 695 (Oil Region Heritage Area), which would establish the Oil Region National Heritage Area, was passed by the House. 147 Cong. Rec. H5459 (daily ed. Sept. 10, 2001).

  • H.R. 788 (land conveyance), which would provide for the conveyance of the excess Army Reserve Center in Kewaunee, Wisconsin, was passed by the House. 147 Cong. Rec. H5467 (daily ed. Sept. 20, 2001).

  • H.R. 1628 (El Camino Real de los Tejas National Historic Trail), which would amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail, was passed by the House. 147 Cong. Rec. H5461 (daily ed. Sept. 10, 2001).

  • H.R. 1937 (water resources), which would authorize the Secretary of the Interior to engage in certain feasibility studies of water resource projects in Washington state, was passed by the House. 147 Cong. Rec. H5464 (daily ed. Sept. 10, 2001). 

  • H.R. 2500 (appropriations; U.S. Department of Commerce), which would make appropriations for the Departments of Commerce, including NOAA, for the 2002 fiscal year, was passed by the Senate. 147 Cong. Rec. S9354 (daily ed. Sept. 13, 2001).


red bar graphic  COMMITTEE ACTION




  • H.R. 2187 (mineral leasing) was reported by the House Committee on Resources. H. Rep. No. 107-202, 147 Cong. Rec. H5487 (daily ed. Sept. 10, 2001). The bill would amend title 10, United States Code, to make receipts collected from mineral leasing activities on certain naval oil shale reserves available to cover environmental restoration, waste management, and environmental compliance costs incurred by the United States with respect to the reserves.


red bar graphic  BILLS INTRODUCED




  • S. 1412 (Hagel, R-Neb.) (property rights; takings) would protect the property rights guaranteed by the Fifth Amendment to the Constitution by requiring federal agencies to prepare private property taking impact analyses and by allowing expanded access to federal courts. 147 Cong. Rec. S9253 (daily ed. Sept. 10, 2001). The bill was referred to the Committee on Governmental Affairs. 

  • H.R. 2869 (Gillmor, R-Ohio) (CERCLA) would provide certain relief for small businesses from liability under CERCLA, and would amend the Act to promote the cleanup and reuse of brownfields, to provide financial assistance for brownfields revitalization, and to enhance state response programs, and for other purposes. 147 Cong. Rec. H5487 (daily ed. Sept. 10, 2001). The bill was referred to the Committees on Energy and Commerce, and Transportation and Infrastructure.

  • H.R. 2879 (Ross, D-Ark.) (migratory birds) would improve migratory bird management by the Animal and Plant Health Inspection Service of the USDA. 147 Cong. Rec. H5592 (daily ed. Sept. 11, 2001). The bill was referred to the Committees on Resources, and Agriculture.

  • H.R. 2880 (Watkins, R-Okla.) (Native American lands) would amend laws relating to the lands of the citizens of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and Choctaw Nations, historically referred to as the Five Civilized Tribes. 147 Cong. Rec. H5592 (daily ed. Sept. 11, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2885 (Deutsch, D-Fla.) (land transfer) would provide for the transfer of certain real property by the Secretary of HUD. 147 Cong. Rec. H5615 (daily ed. Sept. 13, 2001). The bill was referred to the Committee on Government Reform.

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



Proposed General NPDES Permits




Public Notices–Permit Applications 


 


 


 


 


 


 


 


 



 




Daily Ozone Forecast



Jefferson County (Birmingham) Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA



Development of Spill Regulations for Non-tanker Vessels and Railroads 




  • New legislation passed this spring requires certain non-tank vessels and the Alaska Railroad to prepare contingency plans that demonstrate their ability to clean up an oil spill. Plans will be required of all self-propelled nontank vessels exceeding 400 gross registered tonnage operating in Alaskan waters and of the Alaska Railroad. The Department will hold a meeting Sept. 12, 2001, the second in a series of scoping meetings, to discuss issues associated with the Department's drafting of regulations to implement the law. The goal of these meetings is to assist the Department in developing a formal public review draft of the proposed regulations by Nov. 15, 2001. It is expected that a draft will be released by the Department in Jan. 2002 for formal public review, and that final regulations will become effective June 30, 2002. At that time, affected parties will have 180 days to comply with the new requirements. Workshops Oct. 12 and Nov. 13. See http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm#agenda 


Proposed changes to air quality control regulations, 18 AAC 50, and the State Air Quality Control Plan



red bar graphic  ARIZONA


Dept. of Envtl. Quality


October Stakeholder Meeting(s) for Drywell General Permit



Proposed Regulations-Water Quality



  • Impaired Water Identification (18 A.A.C. 9, arts. 9, 10). Hearings Sept. 25 and 27 and Oct. 2; comments due Oct. 5. This rulemaking establishes a new Article dealing with the methodology required under A.R.S. §49-232(C) to identify impaired waters and specify the factors required under A.R.S. §49-233(C) for prioritizing navigable waters that require development of total maximum daily loads. See http://www.adeq.state.az.us/lead/osc/draftrules.html#Impaired 

  • Arizona Pollutant Discharge Elimination System (AZPDES) (18 A.A.C. 9, arts. 9, 10). Hearings Sept. 17, 18, 19; comments due Sept. 20. This rulemaking establishes a state program, authorized by the legislature under H.B. 2426 (2001 legislative session), that governs all facilities that discharge pollutants from a point source into navigable waters (waters of the United States). The AZPDES program incorporates by reference certain Code of Federal Regulations (C.F.R.s) relating to the federal NPDES program, and revises certain C.F.R.s for clarity and to reflect conditions in the arid southwest environment. See http://www.adeq.state.az.us/lead/osc/draftrules.html#Arizona 

  • Water Infrastructure Finance Authority (18 A.A.C. 15). The Water Infrastructure Finance Authority of Arizona (WIFA) is a self-supporting public financing agency that provides financial and technical assistance to drinking water and waste water facilities. WIFA pays administrative costs from either income or a maximum of 4 percent of federal capitalization grants. This rulemaking will allow for more timely processing of applications for financial or technical assistance, and will streamline the process used by WIFA to determine which systems have the greatest need. Hearing Sept. 18; comments due Sept. 20. See http://www.sosaz.com/aar/2001/33/contents.shtm 

  • Safe Drinking Water: Filtration, Disinfection, and Public Notice (18 A.A.C. 4). Hearings Oct. 9-12. ADEQ intends to promulgate new rules for public notice, filtration, disinfectants, and disinfection byproducts. The rules will prescribe new timeframes and delivery methods for public notice, additional monitoring for disinfection byproducts and filtration, and establish new maximum contaminant levels and maximum disinfectant residual concentrations. These new rules are being added to retain primary enforcement authority for the national primary drinking water rules in Arizona. See http://www.sosaz.com/aar/2001/32/contents.shtm 

Proposed Regulations-Underground Storage Tanks



  • This proposed rule is the latest in a series of rulemakings that implement the UST program. A.R.S. § 49-1014(A) requires the director of ADEQ to "adopt" rules to provide for the administration of the UST program and secure approval of the program from EPA. The UST program regulates, as specified in statute, persons responsible for activities associated with UST systems. This proposed rule will complete the technical requirements for the management of a UST found at 18 A.A.C. 12, Article 2 (18 A.A.C. 12, Articles 1-8, contain most of the basic UST elements.) It will fulfill the statutory requirement to develop rules to implement the reporting and investigation of suspected releases and taking corrective action on confirmed releases of regulated substances from UST systems. These statutory requirements are found at A.R.S. §§49-1004 and 49-1005. In order to implement these statutory requirements, the proposed rule also adds several definitions to those currently codified. The proposal also provides a general clarification of the compliance requirements of owners, operators, and other persons subject to regulation under the UST program as provided in 18 A.A.C. 12. Hearing Oct. 12; comments due Oct. 19. See http://www.sosaz.com/aar/2001/34/contents.shtm 

Air Quality Exceptional and Natural Events Policy



  • In Apr. 1999, the Air Quality Division finalized an Air Quality Exceptional and Natural Events Policy based on U.S. EPA guidance, "Areas Affected by PM10 Natural Events," and stakeholder input. The policy is applicable in areas that violate a PM NAAQS and the violation is shown to be the result of an exceptional or natural event such as unusually high winds or wildfires. The applicable air pollution control agency may utilize ADEQ's policy to develop a natural events action plan (NEAP) in lieu of becoming designated as a nonattainment area by EPA. The NEAP must contain documentation and analysis showing a causal relationship of the ambient air quality monitored exceedance(s) and the natural event, details of public notification and education programs, descriptions of best available control measures (BACM), and area of applicability for the BACM. 

  • ADEQ Air Quality Exceptional and Natural Events Policy, see http://www.adeq.state.az.us/environ/air/plan/download/adeqpolicy.pdf 

  • Comments related to ADEQ's Draft Best Available Control Measures List, see http://www.adeq.state.az.us/environ/air/plan/download/bacmcom.pdf 

  • Responsiveness Summary for ADEQ Air Quality Exceptional and Natural Events Policy PM10 Best Available Control Measures List, see http://www.adeq.state.az.us/environ/air/plan/download/bacsum.pdf 

  • ADEQ Air Quality Exceptional and Natural Events Policy PM10 Best Available Control Measures List, see http://www.adeq.state.az.us/environ/air/plan/download/bacmlist.pdf 

Water Quality-Opening of NPDES Update Rulemaking Docket



  • Arizona Pollutant Discharge Elimination System (AZPDES) (18 A.A.C. 9, Articles 9 and 10). This rulemaking establishes a state program, authorized by the legislature under H.B. 2426 in the 2001 legislative session, that governs all facilities that discharge pollutants from a point source into navigable waters (waters of the United States). The AZPDES program incorporates by reference certain Code of Federal Regulations (C.F.R.s) relating to the federal NPDES program, and revises certain C.F.R.s for clarity and to reflect conditions in the arid southwest environment. Draft rules available. See http://www.sosaz.com/aar/2001/26/docket.pdf 

Air Quality-Opening of Rulemaking Docket



  • San Manuel Copper Smelter (18 A.A.C. 2, Art. 7). The rule would propose source-requested reductions in emission limits applicable to a copper smelter that has been shut down and is considering resuming operation. See http://www.sosaz.com/aar/2001/26/docket.pdf 

  • Regional Haze SIP development. ADEQ has been working with stakeholders to develop a revision to the SIP to address visibility impairment that may be caused by specific categories of stationary sources built between 1962 and 1977 (40 C.F.R. §51.300-.307). The SIP will replace the federal implementation plan imposed by EPA in 1985 for this type of visibility impairment. A major component of the SIP is a rule that details the process that ADEQ will follow when a major industrial source is identified as a potential contributor to visibility impairment in a specific Class 1 area. Meetings scheduled through Nov. See http://www.adeq.state.az.us/environ/air/plan/haze.html 

  • Vehicle Emissions On-Board Diagnostics (OBD) Testing (18 A.A.C. 2). ADEQ will propose changes to its vehicle emissions rules in order to implement OBD (On-Board Diagnostics) testing for 1996 and newer light-duty vehicles in Areas A and B. In addition, ADEQ will propose other minor technical changes to the vehicle emissions rules. See http://www.adeq.state.az.us/lead/osc/draftrules.html 

Intel Ocotillo Project XL Renewal Update



Safe Drinking Water Workshops Announced



Drinking Water-Monitoring Assistance Program Current, Proposed Fees



Development of an Aquifer Water Quality Standard for Methyl Tertiary Butyl Ether (MTBE)



Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



Current Air Quality Readings/Forecasts


red bar graphic ARKANSAS


Dept. of Environmental Quality


Proposed Regulation Repeal-Safe Drinking Water




  • Public hearing Sept. 18 regarding proposed repeal of Commission Regulation No. 10, the Arkansas Revolving Loan Fund for wastewater treatment plant construction assistance loans. Act 459 of the 2001 Arkansas General Assembly transferred the authority for operating the Revolving Loan Fund program from the Pollution Control and Ecology Commission and DEQ to the Arkansas Soil and Water Conservation Commission, effective July 1, 2001. To enable continued operation of the Revolving Loan Fund, the Soil and Water Conservation Commission has already adopted a regulation nearly identical to the Pollution Control and Ecology Commission's Regulation No. 10, thus making the PC&E Commission regulation moot. Comments are due Oct. 3. See http://www.adeq.state.ar.us/custsvs/pa/default.htm 


Self-Audit Form for Arkansas USTs and ASTs


red bar graphic CALIFORNIA


Air Resources Board


Board Meeting Agenda



Public Hearing to Consider Adoption and Amendment to the Vapor Recovery Certification and Test Procedure Regulations



Public Hearing to Consider Amendments to the Air Toxics "Hot Spots" Fee Regulation for Fiscal Year 2001-2002



Public Hearing to Consider Amendments Adopting More Stringent Emission Standards for 2007 and Subsequent Model Year New Heavy-Duty Diesel Engines



Bay Area Ozone Attainment Plan Delayed



Fleet Rule & Reporting Requirements/Urban Bus Transit Agencies



Proposed Automotive and Mobile Equipment Coatings ATCM 



Voluntary Accelerated Vehicle Retirement Proposed Regulation Update-Draft Regulations



Dept. of Toxic Substances Control


The Secretary's and the California United Program Agency's Responsibilities Regarding the State Surcharge--45-Day Public Notice and Comment Period



Emergency Regulations-Cathode Ray Tubes



Guidance Document Availability



Draft Public Participation Policy Manual



Public Notices



Extension to the 90-Day Hazardous Waste Storage Limit for Generators--Application and Instructions



Integrated Waste Management Board


Emergency Regulations-Permit Enforcement Policy



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 were 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 considered adopting the regulations at its Aug. 14-15, 2001, meeting. See http://www.ciwmb.ca.gov/Rulemaking/Insuranc/ At the meeting, the Board directed staff to initiate a second 15-day comment period. 

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. At its Sept. 11-12, 2002 meeting, the Board considered approving the permanent regulations for a 45-day public comment period. 

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-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 to this package at its Feb. 20-22, 2001, meeting. The Board considered 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/ At the meeting, the Board directed staff to initiate a 45-day public comment period. 

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 Sept. 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/ 

Draft Regulations-Construction & Demolition Materials



  • Placement of facilities and operations handling inert, construction, and demolition debris into regulatory tiers, and setting minimum standards. In Dec. 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. At the Aug. 14-15, 2001, meeting staff presented to the Board a proposed schedule with major milestones, as well as a copy of the initial draft proposed regulations for Phase I. Board and public input will be received during the agenda presentation. See http://www.ciwmb.ca.gov/Rulemaking/cdmater/ 

Draft Regulations-Closure and Post-closure Maintenance Plans



Water Resources Control Board


Sept. 20 Board Meeting Agenda




  • Includes In the Matter of the Petition of the City of Turlock for Review of Waste Discharge Requirements Order No. 5-01-122 and Cease and Desist Order No. 5-01-123, Issued by the California Regional Water Quality Control Board, Central Valley Region. SWRCB/OCC File A-1382. (The Board will consider whether to adopt the proposed order partially staying Orders Nos. 5-01-122 and 5-01-123.)


Emergency Regulations-Electronic Submission of Laboratory Data for UST Reports



Draft UST Cleanup Fund Cost Guidelines



TMDL Development Public Notices, Drafts



Office of Environmental Health Hazard Assessment


Scientific Review of Toxicological and Human Health Issues Related to the Development of a Public Health Goal for Chromium VI



Final Technical Support Documents for Public Health Goals for Tetrachloroethylene in Drinking Water



Final Technical Support Documents for Public Health Goals for Uranium and Nickel in Drinking Water



Update on Proposition 65 Activities



South Coast Air Quality Management District


Proposed Rule 1137-PM10 Emission Reductions From Woodworking Operations



  • The objective of this new Rule is to implement the 1997 Air Quality Management Plan (97-AQMP) control measure PRC-01 by reducing the amount of PM10 (particulate matter less than 10 microns in diameter) generated from woodworking operations. Facilities that may be affected include lumberyards, cabinet making facilities, woodturning and carving shops, furniture manufacturing, and other product manufacturing operations. Common woodworking activities include sawing, planing, molding, lathing, and sanding. Many facilities currently have cyclones and/or baghouses that reduce PM10 emissions from their operations. The proposed rule seeks to reduce PM10 emissions by setting standards for existing control equipment and waste collection and disposal activities. Workshop meeting Sept. 19. See http://www.aqmd.gov/pub_edu/notice_pr1137.html 

Proposed Amended Rule 401–Visible Emissions



  • Rule 401 was amended Sept. 1998 to allow charbroilers (excluding chain-driven and those operating with controls) to meet a Ringelmann 2 opacity standard. This standard is equivalent to the state standard and is less stringent than the AQMD Ringelmann 1 standard required for chain-driven charbroilers. The chain-driven charbroilers can reduce opacity through the use of a catalyst, as required by Rule 1138. However, there has yet to be identified a cost-effective control technology for under-fired charbroilers. The Ringelmann 2 standard for charbroilers expires this month. The proposed rule amendment would extend the Ringelmann 2 standard for another four years. AQMD anticipates the adoption of Proposed Rule 1138.1 – Control of Emissions from Under-fired Charbroiler Restaurant Operations, pending identification of cost-effective controls, in the spring of 2002. Control equipment for under-fired charbroilers is currently being laboratory and field tested. Proposed Rule 1138.1 would have a phased-in implementation and thus the  proposed extension of the Ringelmann 2 opacity standard for another four years would allow time for the rule’s adoption and implementation. Sept. 19 workshop meeting. See http://www.aqmd.gov/pub_edu/pcn_par401.html 

Proposed Amended Rule 1421–Control of Perchloroethylene Emissions from Dry Cleaning Systems



  • The AQMD MATES II study identified perchloroethylene (perc) as a key toxic compound driving the health risk impacts in the Basin. As a result of the study, the AQMD Governing Board approved an Air Toxics Control Plan for the region in March 2000. The Plan contains a control measure (AT-STA-02–Further Reductions of Perchloroethylene Emissions from Dry Cleaning Operations), calling for a 95% reduction of perc emissions. Proposed amendments to Rule 1421 would completely phase out the use of perc dry cleaning system by 2011 or later and only allow the use of non-perc alternative technologies. Alternative technologies include: wet cleaning, solvent cleaning, and liquid carbon dioxide (CO2). The proposed amendments to Rule 1421 would also preclude upon adoption any facility from operating a dip tank and any new facility from operating a perc dry cleaning system. For existing facilities, the proposed amendments would also preclude in 2003 or later the addition of any perc dry cleaning system and in 2004 or later, the operation of any converted machine. In 2006 or later, only closed-loop perc dry cleaning machines equipped with primary and secondary control systems would be allowed to operate until the use of perc is phased out. Sept. 20 workshop meeting. See http://www.aqmd.gov/pub_edu/notice_r1421.html 

Proposed Amendments to Rule 102-Definitions of Terms



  • AQMD is considering amendments to Rule 102-Definition of Terms to add a definition for Clean Air Solvent Certification, a voluntary program for cleaning materials that meet or exceed the VOC content limits that do not contain toxic or ozone depleting compounds, and make a change to the definition of Clean Air Solvent. The current maximum VOC content requirement of 50 grams per liter is proposed to be changed to 25 grams per liter in order to assure that Clean Air Solvents certify materials that reflect the advancement in solvent cleaning technology and improved accuracy of test methods. Public hearing Sept. 21. See http://www.aqmd.gov/pub_edu/nph102.html 

Proposed Amendments to Rule 1124-Aerospace Assembly Component Manufacturing Operations



  • Sept. 21 public hearing. The objective of the proposed amendment is to adjust the VOC limits and compliance dates for several aerospace coating, sealant, and adhesive categories to reflect the state of the technology. In addition, an industry-specific alternative to the risk-reduction plan requirements of Rule 1402 will be established. Other minor improvements and clarifications are also included. The proposed amendments will forgo emission reductions of approximately 50 pounds of VOC emissions per day in 2003, but are potentially offset by 2005. See http://www.aqmd.gov/pub_edu/nph1124.html 

red bar graphic COLORADO


Air Quality Control Commission


Rulemaking Hearings



  • Nov. 15 hearing regarding proposed revisions to the ambient air quality standards regulation in support of the redesignation request for the Lamar PM10 Nonattainment Area and Maintenance Plan. See http://www.cdphe.state.co.us/op/Lamar_PM10_03_01.htm 

  • Nov. 15 hearing to consider proposed revisions to Regulation No. 3, Part B, to implement the requirements of 1999 House Bill 1351. 99HB1351 established requirements for managers of public lands to submit emission inventories for specified sources and activities that have an impact on federal Class I areas in Colorado. Federal land management agencies are required to provide such an inventory to the Commission by Dec. 31, 2001 and at least every five years thereafter. The inventory must include emissions from activities in Colorado and other states that may affect visibility in Colorado’s Class I areas. See http://www.cdphe.state.co.us/op/reg311-15.htm 

  • Nov. 15 hearing regarding proposed revisions to the ambient air quality standards regulation in support of the redesignation request for the Steamboat PM10 Nonattainment Area and Maintenance Plan. See http://www.cdphe.state.co.us/op/steam_PM10_03_01.htm 

Water Quality Control Commission


Rulemaking Hearings



  • Nov. 13 hearing regarding a proposal by the Cripple Creek & Victor Gold Mining Company to revise the pH standards for Arequa Gulch, segment 22a of the Upper Arkansas, in the Classifications and Numeric Standards for the Arkansas River Basin, Regulation #32 (5 CCR 1002-32). See http://www.cdphe.state.co.us/op/wqcc/0111arequaph.pdf 

  • Nov. 13 hearing regarding revisions to: (1) the Procedural Rules, Regulation #21 (5 CCR 1002-21), and (2) the Colorado Discharge Permit Regulations, Regulation #61 (5 CCR 1002-61), to address concerns identified by the Office of Legislative Legal Services. See http://www.cdphe.state.co.us/op/wqcc/wqwcrnot.html 

  • Oct. 9 hearing for consideration of (1) approval of a proposed Water Pollution Control Revolving Fund Intended Use Plan for FY02, Regulation #52 (5 CCR 1002-52); (2) approval of a Domestic Wastewater Treatment Grant Program Intended Use Plan for FY02, Regulation #54 (5 CCR 1002-54); and (3) approval of revisions to Regulation #53 (5 CCR 1002-53) to incorporate changes to expand the program to comply with H.B. 01-1246. See http://www.cdphe.state.co.us/op/wqcc/wqwcrnot.html 

red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Compost Erosion Control Study



Permit Hearings-Calendar


red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Delaware To Lower Permissible Arsenic Levels in Drinking Water To 10 Parts Per Billion, Becomes First State To Do So



Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection


Sept. 25, 26 and Oct. 10 Hearings-State Water Revolving Fund




  • To receive testimony and public comment and to take final action on the management of the FY 2002 State Revolving Fund loan priority list for water pollution control projects under Rule Chapter 62-503, Florida Administrative Code and incipient Agency policy. Martin County has prepared planning documents for a stormwater construction project and has requested that the Department hold a hearing for the purpose of adding the project to the fundable portion of the priority list. Approximately $322 million is projected to be available for assignment to qualifying wastewater, stormwater, or nonpoint source projects. The Department may adopt, modify, or deny the proposed actions at the hearing. Projects may be added to the priority list to be adopted pursuant to incipient Agency policy, if requests and required documentation are approved by the Department by Sept. 26, 2001. Under the incipient Agency policy, preconstruction loans for stormwater project planning and design may be authorized; certain parts of the Rule having to do with document submittal and priority list adoption schedules have been abrogated or revised; the limit on funds available for stormwater loans has been lifted; and project eligibility has been expanded to include publicly and privately owned non-point source pollution control activities as defined in Sections 319 and 320 of the amended Clean Water Act.


DEP Division of Law Enforcement Appoints New Environmental Forensics Coordinator



Proposed Regulations-Air Quality



  • Rule 62-204, federal regulations adopted by reference. Proposed ruleamendments change the rule chapter name, correcttypographical errors, and update through June 30, 2001, theadoptions by reference of air pollution regulations promulgatedby the U.S. EPA at 40C.F.R. pts. 60, 61, and 63. Comments were due Aug. 31. 

Rule Development Workshop



  • Sept. 20 public meeting, West Palm Beach, on rule development for the establishment of a phosphorus water quality criterion for the Everglades Protection Area pursuant to the Everglades Forever Act. A copy of the agenda may be obtained by contacting: Kristi Mader, Department of Environmental Protection, Everglades Technical Support Section, 2600 Blair Stone Road, MS #3560, Tallahassee, Fla. 32399-2400, (850)921-5213.

Open Regulatory Dockets



Envtl. Protection Agency


Permit Applications/Public Hearings


red bar graphic  INDIANA


Dept. of Envtl. Management


Final Regulations-Air Quality



  • Amends 326 IAC 20-23-1 concerning off-site waste and recovery operations. Adds 326 IAC 20-33 concerning pulp and paper production (noncombustion). Adds 326 IAC 20-34 concerning phosphoric acid manufacturing and phosphate fertilizers production. Adds 326 IAC 20-35 concerning tanks level 1. Adds 326 IAC 20-36 concerning containers. Adds 326 IAC 20-37 concerning surface impoundments. Adds 326 IAC 20-38 concerning individual drain systems. Adds 326 IAC 20-39 concerning closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process. Adds 326 IAC 20-40 concerning equipment leaks control level 1. Adds 326 IAC 20-41 concerning equipment leaks control level 2. Adds 326 IAC 20-42 concerning oil-water separators and organic-water separators. Adds 326 IAC 20-43 concerning storage vessels (tanks) control level 2. Adds 326 IAC 20-44 concerning generic maximum achievable control technology standards. Adds 326 IAC 20-45 concerning pesticide active ingredient. Adds 326 IAC 20-46 concerning mineral wool production. Adds 326 IAC 20-47 concerning wool fiberglass manufacturing.

  • Adds 326 IAC 20-30, 326 IAC 20-31, and 326 IAC 20-32, national emission standards for hazardous air pollutants for oil and natural gas production, natural gas transmission and storage, and publicly owned treatment works.

Final Regulations-Water Quality



  • Amends drinking water standards rules concerning analytical methods for radionuclides, variance and exemption rules, electronic reporting of drinking water monitoring data, clarification of reporting requirements, and analytical methods for chemical and microbiological contaminants, and repeals outdated turbidity requirements and unregulated monitoring requirements. Repeals 327 IAC 8-2-6, 327 IAC 8-2-6.1, 327 IAC 8-2-23, 327 IAC 8-2-25, 327 IAC 8-2-26, 327 IAC 8-2-27, and 327 IAC 8-2-28.

Proposed Regulations-Air Quality



  • Amends 326 IAC to change any incorporation by reference of the Federal Register to its citation published in the July 1, 2000, edition of the Code of Federal Regulations (C.F.R.). Amends 326 IAC 1-1-3 concerning references to the C.F.R. to update any references to the C.F.R. in Title 326 to mean the July 1, 2000, edition. Adds 326 IAC 1-1-3.5 and 326 IAC 1-2-20.5 to establish references to and definition of the Compilation of Air Pollution Emission Factors AP-42 and Supplements. 

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

Proposed Regulations-Water Quality



  • Draft rule language available for amendments to rules concerning 327 IAC 15 that affect stormwater run-off associated with construction activity, and stormwater discharges associated with industrial activity.

Proposed Regulations-Solid Waste Management



  • Comment requested regarding possible amendments to rules in 329 IAC 10 through 329 IAC 13 to remove references to industrial waste and special waste as required by Public Law 218-2001 (HEA 1830).

  • Draft rule language development for amendments to rules concerning the hazardous waste management permit program and related hazardous waste management. This rulemaking will incorporate the following amendments to the federal hazardous waste management regulations at 40 C.F.R. pt. 260 through 40 C.F.R. pt. 270, published in the Federal Register from July 10, 2000, through May 16, 2001:

Federal
Register

Publication Date

Subject

65 FR 42292

July 10, 2000

NESHAPS: Final Standards for Hazardous Air Pollutants For Hazardous Waste Combustors; Final Rule, Technical Correction

65 FR 67068

November 8, 2000

Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Chlorinated Aliphatics Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities, (K174/K175) Final Rule

65 FR 81373

December 26,2000

Deferral of Phase IV Standards for PCB’s as a Constituent Subject to Treatment in Soil; Final Rule

66 FR 24270

May 14, 2001

NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors; Final Rule; Implementation of Court Order

66 FR 27218

May 16, 2001

Storage, Treatment, Transportation, and Disposal of Mixed Waste; Final Rule

66 FR 27266

May 16, 2001

Hazardous Waste Identification Rule (HWIR): Revisions to the Mixture and Derived-From Rules; Final Rule


Public Law 143-2000, SECTION 3, repealed provisions of IC 13-22-4 relating to the Indiana Hazardous Waste Manifest and required hazardous waste generators to use the Uniform Hazardous Waste Manifest Form adopted by EPA rather than the version of those forms currently provided by IDEM to generators for a fee. The 2000 Hazardous Waste Annual Update (LSA Document #00-180(F)) repealed those sections of 329 IAC 3.1-7 relating to the Indiana Hazardous Waste Manifest. However, 329 IAC 3.1-9-2(6) and 329 IAC 3.1-10-2(8), that required permitted treatment, storage, and disposal facilities to send copies of the manifest to IDEM were not repealed. This rulemaking would repeal those provisions. 329 IAC 3.1-7-2 would be amended to remove a provision that requires generators to enter waste handling codes on the Uniform Hazardous Waste Manifest, because this requirement conflicts with IC 13-22-4-3.1. This amendment simplifies the manifest provisions. Finally, the 2000 Hazardous Waste Annual Update (LSA Document #00-180(F)) repealed the Indiana requirements for universal waste lamps at 329 IAC 3.1-16 and incorporated by reference the federal universal waste lamp regulations in 40 CFR 273. The 2000 Update did not repeal the definitions of "electric lamp" and "mercury-containing lamp" in 329 IAC 3.1-4. Because those terms are defined in 40 CFR 273, the definitions in 329 IAC 3.1-4 are not needed and would be repealed in this rulemaking. Public hearing Oct. 16.


See http://www.state.in.us/legislative/register/September-1-2001.html 


Pending Permit Applications


red bar graphicKANSAS


Department of Health & Environment, Division of Environment


KDHE "Kansas Environmental News"


red bar graphicKENTUCKY


Dept. for Envtl. Protection, Division of Air Quality


Permit Applications/Hearing Notices 



Dept. for Envtl. Protection, Division of Water


Permit Applications



Proposed Regulations-Concentrated Animal Feeding Operations



Proposed 401 KAR 8:022. Sanitary surveys




  • Subject of Sept. 25 hearing. KRS 224.10-100 and 224.10-110 authorize the Cabinet to promulgate administrative regulations for the regulation and control of the purification of water for public and semipublic use. This administrative regulation contains the requirements of a systematic program for conducting sanitary surveys by the cabinet and requirements on the public water system subject to a sanitary survey. The expected benefits from the administrative regulation are: Kentucky will have an approvable program for conducting sanitary surveys of public water systems as is required by 40 C.F.R. §§142.12(b)(2) and 142.16(b). Thus, Kentucky will be able to maintain its primacy of the enforcement of the federal regulations for public water systems pursuant to 40 C.F.R. Part 141. The public hearing will be held if it is requested by at least 10 calendar days prior to Sept. 25. The request must be in writing, by five persons or by an administrative body or an association having at least five members, provided that a minimum of five persons, or one person representing an administrative body or association, agree to be present at the public hearing. See http://water.nr.state.ky.us/dow/hrgnots.htm#DW 



  • In addition, and in accordance with the provisions of the Clean Water Act of 1977 and the National Pretreatment Program, the Louisville and Jefferson County Metropolitan Sewer District has developed and submitted for approval by the Kentucky Natural Resources and Environmental Protection Cabinet, Division of Water, a modification to the pretreatment program for its publicly owned treatment works (POTW). KNREPC, Division of Water, has made a preliminary determination that this POTW pretreatment program modification meets the requirements of 401KAR 5:057, Section 6 and 40 C.F.R. Part 403. The modification consists of a revision to the Wastewater Discharge Regulations to incorporate the Project XL Final Project Agreement and revisions to the local discharge limitations for the Morris Forman, Hite Creek, and Jeffersontown Wastewater Treatment Plants. Hearing Sept. 27; comments due same day. See http://water.nr.state.ky.us/dow/hrgnots.htm#DW 


Proposed, Draft TMDLs


red bar graphicLOUISIANA


Dept. of Environmental Quality


Proposed Regulations-Waste Tire Fee Collection Methodology (LAC 33:VII.10505, 10507, 10519, 10525, 10533, and 10535)



Proposed Regulations-Air Quality-Control of Nitrogen Oxides Emissions (LAC 33:III.Chapter 22) 



Final Regulations-Asbestos-Containing Materials in Schools and State Buildings (LAC 33:III.2707 and 2721) 



Draft Five-Year Strategic Plan



Permit Applications


red bar graphicMAINE


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • The Department is proposing to amend the following Chapter 100 definitions: fuel burning equipment, fugitive emissions, general process source, and Part 70 major source. The amendments clarify that rock crushers and asphalt plants are general process sources, Presque Isle is no longer classified as nonattainment for fine particulate matter, and fugitive emissions include emissions from buildings, material transfer, housing material, and processing equipment. The definitions of recovery boiler, six minute block average for non-continuous opacity monitors, and six minute block average for continuous opacity monitors have been added. The U.S. EPA  address has been deleted under that definition. Some of these definitions are being amended because of proposed changes to the Department's Ch. 101 Visible Emissions Regulation. Comments due Oct. 5. 



  • Chapter 101, Visible Emissions. The Department is proposing to repeal and replace this regulation, which establishes opacity limits for several types of air emission sources. Opacity is the measure of the density of smoke emitted from a stack. The proposed changes make the opacity limits more stringent for certain types of sources, including recovery boilers, rock crushers, and large oil-fired boilers. Incinerators, permitted open burning, and municipal waste combusters are not regulated by this rule. Comments due Oct. 5. See http://www.state.me.us/sos/cec/rcn/apa/notices/081501.htm 


Final Regulations-Air Quality




  • Chapter 145, NOx Control Program. This new rule requires affected sources to install selective non-catalytic reduction or a control technology determined by the Board to achieve essentially equivalent NOx reductions on each unit by May 1, 2003. In addition to a control technology requirement, the rule establishes interim emission limitations for the period from June 15, 2003, through Dec. 30, 2004, and final emission limitations thereafter. The final emission limitations, which become effective on Jan. 1, 2005, require electric generating units with a maximum heat input capacity of less than 750 million Btu per hour to meet a 0.22 lb./mm Btu emission limit. Electric generating units with a maximum heat input capacity of 750 million Btu per hour or greater must meet a 0.15 lb./mm Btu emission limit. Finally, indirect heat exchangers, primary boilers, and resource recovery units with a maximum heat input capacity greater than 250 million Btu per hour must continue to meet the 0.20 lb./mm Btu emission limit. The rule also establishes provisions for an alternative emission limitation in the event a source cannot achieve the final emission limitations after installing and optimizing an approved control technology. Any source seeking an alternative emission limitation must apply to the Board before the Jan. 1, 2005, final emission limitation deadline, and has the burden of proof in demonstrating that achieving the final emission limitations is technically infeasible. Effective July 22.



  • On July 5, 2001, the Board of Environmental Protection adopted amendments to the following federal regulations by reference: Ch. 143, New Source Performance Standards (NSPS) and Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAP). The chapters are applicable statewide. The Clean Air Act Amendments of 1990 offer states the option of accepting delegation for NSPS and NESHAP federal requirements for incorporation into the states regulatory programs to reduce dual regulatory reporting requirements on industry and streamline the air emission licensing processes. All standards are implemented through the air emission licensing process. Through this action, the DEP has incorporated additional source categories of NSPS and NESHAP that have been delegated to the state since the 1970s as well as the newer NESHAP requirements, in accordance with the Maine Administrative Procedure Act process, to ensure the state has full implementation and enforcement authority through the state's Title V licensing process. The promulgated chapters incorporate standards for a variety of air emissions source categories (both large and small businesses) that are subject to the federal standards. Effective Sept. 2. See http://www.state.me.us/sos/cec/rcn/apa/notices/090501.htm  

red bar graphicMARYLAND


Dept. of the Environment


Public Meetings/Hearings     



Update No. 1 to the Cleanup Standards for Soil and Groundwater



Water Quality Standard-Triennial Review



Ozone Forecast


red bar graphicMASSACHUSETTS


Dept. of Envtl. Protection


Draft Indoor Air Sampling and Evaluation Guide



Guidelines for Determining Closure Activities at Inactive Unlined Landfill Sites




  • Draft guidelines available at http://www.state.ma.us/dep/bwp/dswm/files/c&dguid.htm The purpose of this document is to clarify the closure provisions of 310 CMR 19.000 by providing guidance on the procedures and criteria the Department will use when reviewing requests to close inactive unlined landfills where use of alternative grading and shaping materials is proposed. Specifically, these guidelines address permitting requirements and evaluation procedures for determining the types and quantities of materials used during closure and the length of time for closure activities. 


Proposed Regulations-Industrial Wastewater Holding Tank and Container Construction, Operation and Recordkeeping




  • Proposed draft regulation, technical support, background document, and cost-benefit analysis for 314 CMR 10.00 available at http://www.state.ma.us/dep/bwp/iww/iwwpubs.htm. Sets minimum construction, operation and recordkeeping requirements for owners or operators of industrial wastewater holding tanks and containers used to store non-hazardous non-domestic industrial wastewater. 


Draft Amendments to 310 CMR 27.00, Underground Injection Control Regulations



Guidelines for Private Drinking Water Wells



Enforcement Actions


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



  • DEQ intends to formally adopt proposed revisions to the air pollution control rules (ORR 1998-036EQ) revising R 336.1210 through R 336.1215 and R 336.1299. These proposed rules include changes intended to address outstanding regulatory issues identified in the U.S. EPA’s Title V Interim Approval notice for Michigan’s Renewable Operating Permit Program. The proposed rules also include several provisions intended to increase operational flexibility at a permitted facility. See http://www.deq.state.mi.us/aqd/rules/rules.html. Following formal adoption, the rules will be submitted to the Office of Regulatory Reform and the Secretary of State. The proposed rules will take effect seven days after filing with the Secretary of State.

  • DEQ intends to develop a proposed revision to the air pollution control rules (ORR 2001-059EQ). The proposed amendments to R 336.1101, R 336.1105, and R 336.1113 define the words used in the proposed new rules for start-ups, shutdowns, and malfunctions that are being processed in ORR 2001-040EQ. The remainder of the changes are to bring the Part 1, General Provisions, of the Air Pollution Control Rules up to date with existing statutes and executive orders.

  • The Air Quality Division will hold a public hearing Oct. 17 on proposed revisions to Parts 3, 4, 6, 7, 9, 10, and 11 of the Air Pollution Control Rules (ORR Nos. 2000-064EQ, 2000-065EQ, 2000-066EQ, 2000-067EQ, 2000-068EQ, 2000-069EQ, and 2000-070EQ). The proposed amendments will bring the Air Pollution Control Rules up to date with Executive Orders 1993-31 and 1995-18 by changing "commission" to "department" and correcting the department name and address, updating information regarding documents adopted by reference, and making other administrative corrections to the rules. The proposed rules can be viewed and downloaded from the Internet at www.deq.state.mi.us/AQD/rules/Proposed%20Amendments.htm . Copies of the proposed rules may also be obtained by contacting the Air Quality Division, Michigan Department of Environmental Quality, 106 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760. Written comments will be accepted until 5:00 p.m. on Oct. 17, 2001, and should be mailed to the address above. The public hearing will be held in the AQD Conference Room, Hollister Building, 4th floor, 106 West Allegan Street, Lansing, Michigan.

  • DEQ intends to formally adopt proposed revisions to the air pollution control rules (ORR 2001-001EQ) rescinding R 336.1913 and R 336.1914. This rescission is being proposed because the start-up, shutdown, and malfunction rules are not acceptable to the U.S. EPA and prevent EPA's approval of Michigan's Renewable Operating Permit Program. The proposed rescission can be viewed at http: www.deq.state.mi.us/aqd/rules/proposed%20Amendments.htm. Copies of the proposed rescission may also be obtained by contacting the Air Quality Division, Michigan Department of Environmental Quality, 106 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760. Following formal adoption, the rescission will be submitted to the Office of Regulatory Reform and the Secretary of State. The proposed rescission will take effect seven days after filing with the Secretary of State.

Proposed Regulations-Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended



  • 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. Comments were due Sept. 11. See http://www.deq.state.mi.us/erd/ 

State Revolving Fund (SRF)-Draft Fiscal Year 2002 Priority List (PPL) 



  • Public hearing Sept. 18 on the draft Fiscal Year 2002 PPL for the SRF that lists projects for which complete final Project Plans were submitted to the DEQ by July 1, 2001, and the draft Fiscal Year 2002 Intended Use Plan (IUP). See www.deq.state.mi.us/ead/mfsect The Public Hearing will be held at the Michigan Department of Environmental Quality, Environmental Assistance Division, 2nd Floor Town Center Building, Conference Room B, 333 S. Capitol, Lansing, Michigan. The hearing record will remain open to receive written comments until 5:00 p.m. on Sept. 21. Comments should be sent to Chip Heckathorn, Chief, Municipal Facilities Section, Environmental Assistance Division, Michigan Department of Environmental Quality, P.O. Box 30457, Lansing, Michigan 48909-7957

Permitting Calendar  



Corporate Clean Citizen Applications



  • Application for Clean Corporate Citizen (C3) designation from Unified Industries, Inc., 1033 Sutton Street, Howell, Michigan (Livingston County), as provided for under Administrative Rules R324.1507 to R324.1511: Clean Corporate Citizen Program. A decision on the C3 designation approval or disapproval will be made by Sept. 16. 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. 

  • Application by Ford Motor Company-Engine Manufacturing Development Operations, Allen Park. A decision on the C3 designation approval or disapproval will be made by Sept. 18.

Sept. 24 Public Meeting with DEQ Director



  • A public meeting will be held at the Mt. Clemens Community Center, 300 North Groesbeck, Mt. Clemens. Two sessions will be conducted. The first session (4:00 p.m. to 6:00 p.m.) will be an informal format for the public to speak with DEQ management individually on specific issues and concerns. The second session (6:00 p.m. to 7:00 p.m.) will consist of a question and answer format to receive public comment on general environmental issues. Anyone wishing to speak at the formal session must sign a card upon arrival. Each person will have a maximum of five minutes to ask questions or make a statement, though additional time will be allotted once everyone has had a chance to speak.

Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphicMINNESOTA


Pollution Control Agency


Proposed Amendment to Rule Governing Wastewater Treatment Assistance, Minnesota Rules Chapter 7077-Notice of Intent to Adopt Expedited Rules without a Public Hearing



Planned New Rules Governing Conditionally Insignificant and Conditionally Exempt Air Emissions to be codified in Minnesota Rules Chapter 7008; Amendments to Rules Governing Permits and Offsets, Chapter 7007 (Amended Notice)



  • Comments due Sept. 26. The Request for Comments notice published at State Register, Volume 25, Number 35, pages 1442-1443, February 26, 2001 (25 SR 1442), http://www.comm.media.state.mn.us/bookstore/stateregister/2535.pdf, is being amended to include the following: Upon reviewing the above referenced Request for Comments notice, the Minnesota Pollution Control Agency (MPCA) discovered it inadvertently left out of the notice that it also plans to amend Minn. R. ch. 7011 which governs the Standards for Stationary Sources. In addition, the MPCA is changing the title of the new rules to be codified in Minn. R. ch. 7008, from Air Emission Permits to Conditionally Insignificant and Conditionally Exempt Air Emissions. The new title more clearly represents the text of the new rules. See http://statsbox.pca.state.mn.us/pca/news/newsRelease.cfm?NR=2953&type=1 

Permit Applications, Other Notices



Minnesota 2001-2005 Nonpoint Source Management Plan



Flame Metals Processing Agrees to Install Pollution Control Equipment, Pay Penalty to Resolve Air Quality Violations 


red bar graphic  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Air Quality



     
  • 10 CSR 10-6.280 Compliance Monitoring Usage. The Air Conservation Commission proposes to add new section (1), renumber original section (1), renumber and amend sections (2) and (3), and add new section (4). If the Commission adopts this rule action, it will not be submitted to U.S. EPA for inclusion in the Missouri SIP because this rule only establishes methodology and does not establish requirements. Sept. 26 public hearing; comments due Oct. 3. See http://mosl.sos.state.mo.us/moreg/2001/v26n16/v26n16a.pdf  and http://www.dnr.state.mo.us/newsrel/nr02_090.htm  


Proposed Regulations-Water Quality-Preliminary Proposed Changes to the Missouri §303(d) list



Final Regulations-Air Quality



Final Regulations-Hazardous Waste



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


Proposed Regulations-Air Quality



Final Regulations-Air Quality



Permit Application, Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphic NEVADA


State Environmental Commission


Proposed Permanent Regulations


Sept. 18 hearing in Las Vegas (10 a.m., City of Las Vegas Council Chambers, 400 East Stewart Ave.). Petitions 2001-02, 2001-03, 2001-04, 2001-05, 2001-06, and 2001-07 were previously adopted as temporary regulations by the Environmental Commission on December 5, 2000 or on May 10, 2001. These regulations expire November 1, 2001 and are before the Commission for permanent adoption. 




  • Petition 2001-02 (LCB R-037-01) permanently amends NAC 444.842 to 444.960, the hazardous waste regulations. See http://ndep.state.nv.us/sec/p2001-02.pdf The amended regulations update the state's adoption of federal regulations by reference by amending NAC 444.8427, 444.84275, 444.850, and 444.9452 to refer to the federal regulations as they existed on July 1, 2001, and modify 444.8632 to adopt 40 C.F.R. Parts 2, Subpart A, 124, Subparts A and B, Parts 260 to 270, and Part 279 as those parts existed on July 1, 2001.  



  • Petition 2001-03 (LCB R-038-01) permanently amends NAC 444A.005 to 444A.470 to extend programs for separating, at the source, recyclable material from other solid waste to include public buildings in counties with populations greater than 100,000. See http://ndep.state.nv.us/sec/p2001-03.pdf The amended regulations add for public buildings the minimum standards that were previously established for the source separation of recyclables at residential premises. Definitions for public building, paper and paper product are added. NAC 444A.120 was amended to add public buildings and 444A.130 was amended to provide for a municipality to make available a source separation of recyclable materials at public buildings.



  • Petition 2001-04 (LCB R-039-01) permanently amends NAC 444A. The proposed permanent regulation prescribes the paper and paper product recycling procedures for state agencies. See http://ndep.state.nv.us/sec/p2001-04.pdf The regulation provides criteria for exemption from the recycling requirements, provides for clearly labeled containers, establishes reporting criteria by state agencies, and requires a building recycling plan to be submitted to the Division of Environmental Protection.



  • Petition 2001-05 (LCB R-040-01) permanently amends NAC 445B.001 to 445B.395, the state air pollution control permitting program. The proposed permanent regulation amends NAC 445B by creating and defining a new classification of operating permits. See http://ndep.state.nv.us/sec/p2001-05.pdf The new Class III permit will provide eligible sources (those emitting 5 tons or less of specific pollutants) a streamlined permitting process, which includes accelerated permit review and issuance and lower permitting fees. This regulation will provide regulatory relief for small quantity sources. NAC 445B.320, dealing with operating permit changes is amended to include additional language to require a detailed description of how increases and decreases will comply with the permit.



  • Petition 2001-06 (LCB R-041-01) permanently amends NAC 459.952 to 459.95528, the chemical accident prevention program. The regulation adds new provisions to incorporate explosives manufacturing into the program, to add construction permit requirements for new chemical and explosive facilities, and other minor technical amendments to the regulations to reflect statutory amendments to the list of regulated chemicals. Facilities that manufacture explosives or ammonium nitrate/fuel oil for sale will be subject to the requirements of the program. A fee structure to regulate explosive facilities is established. 



  • Petition 2001-07 (LCB R-043-01) permanently amends NAC 445A.810 to 445A.925, the underground injection control (UIC) program. See http://ndep.state.nv.us/sec/p2001-07.pdf The amended regulations provide that "other Sensitive Groundwater Areas" can be determined to meet compliance with the proposed regulations. The regulations revise outdated Nevada Revised Statute references, expand minor permit modification criteria and logistics, expand criteria for a temporary permit, outline methods to establish permit limits in the absence of specific standards, and repeal the prohibition of injection of treated effluent. New definitions for cesspool, Class V Rule, delineation, drywell, groundwater protection area, improved sinkhole, other sensitive groundwater area, motor vehicle waste disposal well, point of injection, sanitary waste, septic system, source water assessment and protection program, and subsurface fluid distribution system are defined. Restrictions are imposed on Motor Vehicle Waste Disposal wells. Fees for renewals in NAC 445A.872 are reduced, repealed, and incorporated into the existing annual fee. This fee category is expanded to included major modifications.  



  • Petition 2001-08 (LCB R-089-01) permanently amends NAC 519A.350, reclamation of land subject to mining operations or exploration projects. See http://ndep.state.nv.us/sec/p2001-08.pdf The amended regulations provide minor changes regarding surety bonding by allowing up to 75% of the required surety to be satisfied by the corporate guarantee, based upon periodic review by the administrator. The amendments also require that the financial information submitted comply with U.S. Generally Accepted Accounting Principles and that the financial statements submitted be audited.



  • Petition 2002-01 (LCB R-096-01) permanently amends NAC 445A.070 to 445A.348, the water pollution control program by amending 445A.100, the definition for "point source," by adding language that defines earth moving equipment, and 445A.309, the definition for "diffuse source," to incorporate runoff in various subsections of the definition. See http://ndep.state.nv.us/sec/p2002-01.pdf In addition, the definition for "diffuse source" clarifies provisions regarding urban area runoff and earth moving activities. The regulation will assist regulated communities in determining when water pollution control permits are necessary.  

red bar graphic  NEW HAMPSHIRE


Dept. of Envtl. Services


Proposed Regulations-Air Quality




  • Comments due Oct. 1 on a proposed rule that would require that any heavy-duty diesel engine in a motor vehicle manufactured for model year 2005 or 2006 be certified to meet the California standard for such engines before it can be sold in New Hampshire. The purpose of the rule is to reduce emissions of nitrogen oxides and particulate matter by filling a 2-year gap in the federal standard and, thus, preventing any backsliding by manufacturers. Manufacturers are currently required to meet this standard and will be required to meet it after model year 2006, so this rule will not cause them to change their manufacturing process. See http://www.des.state.nh.us/ard/prpsdrul.htm 

red bar graphic NEW JERSEY


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • Proposed rules address emissions from heavy-duty diesel engines. The new rules were proposed in an effort to address the gap in time between the expiration of existing emissions standards in 2004 and the adoption of federal emission standards beginning in 2007. The proposed regulations would reduce the emissions from heavy-duty diesel engines manufactured during model years 2005 and 2006. The new laws are part of a multi-state initiative led by the Ozone Transport Commission. To date, 20 states have committed to adopt these standards. The new regulations will compel heavy-duty diesel engine manufacturers to adhere to strict standards for emissions of oxides of nitrogen oxide emissions, two years before federal standards take effect. "New Jersey has shown great progress in our efforts to reduce air pollution, and the proposed regulations continue our aggressive strategy," said DEP Commissioner Bob Shinn. "As a corridor state in the industrial Northeast, New Jersey will benefit as more states adopt these regulations and help us meet our clean air goals." See http://www.state.nj.us/dep/aqm  


Freshwater Wetlands Regulations; Final Regulations, Proposed Regulations 




  • Final regulations became effective Sept. 4. The rule package includes the following: special protection for small wetland vernal habitats that are crucial to the breeding of several amphibian species, some of which are threatened or endangered; limits on the placement of new homes near transition areas, or "buffers," to avoid creating backyards that cannot be used because it is a regulated area; stronger penalties for failure to promptly perform required mitigation; more efficient application and permitting procedures including combined general permits and transition area waivers, and combined freshwater wetlands and floodplain permits for some activities that occur in wetlands located in floodplains; stricter limits on the use of the general permit for isolated wetlands in certain waters; new general permits for landfill closures, stream cleaning by local governments, tree cutting for airport safety, livestock watering troughs, and brownfields redevelopment; and standard operating procedures to protect wetlands during dam removal, brownfield redevelopment, and landfill closure. The rule provides new protection for vernal habitats that are isolated wetlands recently found to be key breeding grounds for numerous amphibian and plant species. See http://www.state.nj.us/dep/landuse/announce/announce.html#fwwadoption and http://www.state.nj.us/dep/newsrel/releases/01_0092.htm 



  • Three additional proposed changes are the subject of Sept. 27 hearing. See http://www.state.nj.us/dep/landuse/announce/announce.html#fwwadoption 


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 TMDLs.  Data received through this solicitation may be used to: (1) confirm impairment of a waterbody and/or presence of a pollutant that is currently on the 1998 Water Quality Limited Segments List; (2) delist a waterbody and/or a pollutant that is currently on the 1998 Water Quality Limited Segments List; or (3) list a waterbody and/or a pollutant that is not included on the 1998 Water Quality Limited Segments List. Submit material to DEP, Division of Science, Research and Technology, Water Assessment Team, 1st Floor, 401 East State Street, P.O. Box 409, Trenton, New Jersey 08625-0409.  

Current DEP Bulletin (Permit Applications; Proposed Regulations) 


red bar graphic NEW MEXICO


Environment Department


Proposed Solid Waste Management Regulations, 20 NMAC 9.1



Proposed TMDLs


  red bar graphic  NEW YORK


Dept. of Envtl. Conservation


Proposed Revisions to Aquatic Nuisance Species (ANS) Comprehensive Management Plan



  • Informational meeting Sept. 17 in Ray Brook (DEC Region 5 Office from 7 - 10 p.m. Route 86, P.O. Box 296 Ray Brook, NY (518) 897-1211). The primary goal of the meeting is to gather information from parties interested in or affected by invasive, exotic nuisance aquatic species such as: zebra mussels; eurasian watermilfoil; round goby; or others. Input is sought from the general public, natural resource trustees, municipalities, boating/sporting organizations, utilities, or other interested parties. This information is sought because the NYSDEC is revising the current ANS management plan that was first written in 1993. The plan is being revised to maintain consistency with the latest federal guidance, thus allowing NYSDEC continued access to federal funding for ANS management activities. Input regarding the environmental and socio-economic impacts of ANS species is sought from both ANS scientists and public interest groups. Productive input from individuals and groups will be essential to the NYSDEC in preparing the revised plan. The public information meeting will include brief informational presentations from NYSDEC, followed by a facilitated discussion. Interested parties that can not attend are asked to submit relevant comments to Stephen Trojanczyk, Environmental Sciences Group, 162 Eastgate Drive, Rochester, NY. 14617 Telephone: 716-756-8933. Email: tro@rochester.rr.com by Oct. 1st. See http://www.dec.state.ny.us/website/enb/20010912/not0.html 

Emergency Regulations-Radioactive Waste Disposal 



  • An Emergency Adoption was filed with Department of State and became effective on September 4, 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 November 15, 2000. It allows for this rule to be in effect while it goes through the rulemaking process for permanent adoption. The purpose of the rule is to control the disposal of wastes contaminated with the radioactive wastes from the extraction of uranium and thorium from ores. The rule requires that these radioactive wastes be disposed of at facilities authorized to accept radioactive waste, and will effectively exclude them from 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 date of filing with Department of State; until Nov. 3, 2001.

Proposed Regulations-6 NYCRR Part 638, Green Building Tax Credit



Emergency Regulations-Air Quality



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

  • In response to the above-described concerns, the NYISO developed an Emergency Demand Response Program (EDRP) for the 2001 and 2002 peak demand periods. The EDRP is meant to encourage certain electricity customers to reduce electrical demand during emergency situations to help assure that demand will not outstrip supply and the need for load shedding (rolling blackouts) will not arise. Much of this demand reduction potential will come from the availability of emergency generation capacity. Previously, the DEC’s regulations only allow emergency generators to operate when the usual source of power is actually interrupted rather than when interruption is imminent. These amendments will permit emergency generators that are part of the EDRP to operate for up to 200 hours per year when called on by the NYISO in situations where load shedding is imminent. The emergency generators that take part in the EDRP will be defined as "centrally dispatched emergency power generating units" and the emergency generators that may be used when the primary source of power is actually unavailable will be defined as "facility specific emergency power units." "Centrally dispatched emergency power generating units" must refuel with fuel having a sulfur content of no more than 30 parts per million sulfur unless deemed unavailable. These units, "centrally dispatched emergency power generating units" and "facility specific emergency power generating units," will retain their exemption from the NOx RACT requirements of Subpart 227-2 provided they operate within the parameters of their Part 201 exemptions. 

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, sulfur dioxide (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 SO2 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

Draft Enforcement Directive



  • Final draft of the Enforcement Directive entitled Management of Coal Tar Wastes and Soils and Sediments Contaminated with Coal Tar from Former Manufactured Gas Plants (MGPs). The main purpose of this directive is to facilitate the permanent treatment of soil contaminated with coal tar from the sites of former MGPs. This guidance outlines the criteria wherein coal tar waste and soils and sediment that have been contaminated with coal tar waste from former MGPs only exhibiting the toxicity characteristic for benzene (D018) may be conditionally excluded from the requirements of 6 NYCRR Parts 370 -374 and 376 when they are destined for permanent thermal treatment. Copies of the final draft of the Enforcement Directive and Responsiveness Summary are available from Eric Obrecht, Division of Environmental Remediation, DEC, 625 Broadway, Albany, NY 12233-7012.

ALJ Rulings



Environmental Notice Bulletin (Permit Applications) 



Permit Applications



Coastal Management Program Notices


red bar graphic  NORTH CAROLINA


Dept. of Env't and Natural Resources


Isolated Wetland Regulations Promulgated


 


 



 



  • Temporary regulations, effective for 270 days while permanent rules are prepared, proposed, and promulgated, approved by Environmental Management Commission Sept. 13. See http://h2o.enr.state.nc.us/admin/emc/committees/wq/2001/2001-07-07.pdf The provisions of this rule shall apply to Division of Water Quality (Division) regulatory and resource management determinations regarding isolated wetlands and isolated classified surface waters. The rule shall only apply to discharges resulting from activities that require state review after the effective date and that require a Division determination concerning effects on isolated wetlands and isolated classified surface waters. For the purpose of this rule, discharge shall be the deposition of dredged or fill material including but not limited to fill, earth, construction debris, and soil. If the U.S. Army Corps of Engineers or Natural Resources Conservation Service determines that a particular water is isolated and not regulated under §404 of the Clean Water Act, then discharges to that water shall be covered by these rules (15A NCAC 2H. 1301 to .1305). For the purpose of this rule during field determinations made by the Division, isolated wetlands are those waters that are inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions and under normal circumstances have no visible surface water connection to downstream waters of the state. Visible surface water connection includes but is not limited to a connection to other surface water via (1) continuous wetlands, (2) intermittent or perennial streams, and (3) ditches with intermittent or perennial flow.


Proposed Coastal Area Management Act Land-Use Planning Improvements 



  • Were conducted through Sept. 12. The Coastal Area Management Act (CAMA) requires the 20 coastal counties to develop land-use plans and update them regularly. The practice is optional for cities and towns in those counties. CAMA gives the Coastal Resources Commission (CRC) authority to approve the plans. The CRC is considering needed improvements in the planning guidelines and the way the state helps local governments pay for coastal land-use plans. The new guidelines have several goals, including:

    · Giving local governments more flexibility to tailor planning to meet local needs;

    · Improving coastal water quality by requiring local governments to adopt policies that prevent or control stormwater runoff;

    · Strengthening public education requirements to ensure that all segments of the community, including non-resident property owners, have the opportunity to take part in the development of the land-use plan; and

    · Encouraging the implementation of plans by providing financial incentives to local governments and requiring them to submit periodic reports about the status of their plan. See http://dcm2.enr.state.nc.us/ and http://www.enr.state.nc.us/newsrels/long4.htm 

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 there under, 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.

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 September 2000, the CRC is revising its land use planning guidelines (Subchapter 07B). The revised guidelines aim to improve the quality of local plans by better supporting the purposes and goals of CAMA. The rules include simple, clear requirements for land use plans, improved land suitability analysis, and management topics to tie land use plans to CAMA goals 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



Draft Air Quality Regulations


red bar graphic  OHIO


Envtl. Protection Agency


Safety-Kleen Systems, Inc. Agrees to Pay $6,000 Penalty for Past Violations



Draft Nationwide Permit Certification for Surface Coal Mining



  • Presently, all surface coal mining projects receive a review by the U.S. Army Corps of Engineers, as well as an individual review by both OEPA and the Ohio Department of Natural Resources (ODNR). This proposed certification process would allow smaller surface coal mining projects to be covered under the Army Corps' Nationwide Permit 21, without individual review by OEPA. These projects would still be reviewed by ODNR's Division of Mineral Resources Management. Ohio EPA is accepting public comments on the draft certification through Oct. 5; a public hearing will be held Sept. 27. This proposed certification would allow a maximum of 3,000 linear feet of total impacts to intermittent and perennial streams, including 1,500 linear feet of previously mined streams, to encourage remining as a benefit to water quality. Under Nationwide Permit 21, a maximum of three acres of total wetland impacts would be allowable, depending on the size and quality of the wetlands. Wetland mitigation would be required to follow OEPA's wetland water quality standards. Projects that impact streams with a designation of warm-water habitat or better, or those that propose impacts above the proposed thresholds, would be required to seek an individual 401 water quality certification from OEPA, and would not be allowed under this proposed certification. See http://www.epa.state.oh.us/pic/nr/2001/sept/nwp21.html  

Preliminary Response of OEPA to Draft U.S. EPA Report Regarding State's Delegated/Authorized Environmental Programs



  • The EPA report, available for review and comment at http://www.epa.gov/region5/ohioreview/ , was prepared in response to a request by several groups that EPA withdraw OEPA's approval to conduct several delegated programs. The EPA report is particularly critical of the state's Clean Air Act program. For the state's reply, see http://www.epa.state.oh.us/pic/nr/2001/sept/usepa.html "Because of this ‘unprecedented' review, Ohio EPA's programs have withstood more scrutiny than any other state environmental program," said Ohio EPA Director Chris Jones. "I am gratified that the report represents an endorsement of the hard work and dedication of Ohio EPA staff. In addition to many positive comments about our work, U.S. EPA did not find a reason to begin a more intensive investigation as part of a formal process to withdraw programs. The report does contain  suggestions for improvement, as would be expected in any review of this nature, and Ohio EPA looks forward to working with U.S. EPA to clarify and address those issues." According to OEPA, the draft report notes the following: (1) Ohio EPA and the Ohio Attorney General's office initiate, prosecute and conclude a significant number of environmental enforcement cases. In particular, Ohio's criminal environmental enforcement program is considered among the best in the nation. (2) U.S. EPA believes that Ohio's environmental crimes prosecutions have created a credible deterrent to future criminal conduct. (3) Ohio's audit privilege law does not create a barrier to enforcing environmental regulations. This issue, the focus of the original petition filed in 1997, was resolved when changes were made to the audit law in 1998. U.S. EPA denied that portion of the petition in Dec. 2000, affirming that Ohio EPA is able to obtain information necessary to enforce pollution control requirements. (4) There is no evidence to support petitioners' claims that Ohio EPA has abandoned enforcement efforts by allowing facilities to enter the state's voluntary cleanup program (VAP). Furthermore, the VAP statute does not conflict with hazardous waste program requirements. (5) Ohio runs an effective enforcement program for hazardous waste (as noted in annual U.S. EPA audits of the program from 1995-2000.) Hazardous waste permits are properly issued, sufficiently detailed, and consistent with federal permits. (6) Many provisions in Ohio's solid waste regulations are significantly more stringent than the federal criteria. (7) Ohio EPA has implemented a very expansive and successful Continuous Emission Monitoring (CEM) program for air pollution sources. CEM monitors measure emissions from facility smokestacks, and the results are transmitted to Ohio EPA. (8) Ohio EPA posts all Title V permits on its web page and provides on request a weekly email listing permits being released for public comment. 

OEPA Actions, Notices by County



Public Meetings



Pending Air Permits


red bar graphic OKLAHOMA


Air Quality Council


Proposed Regulations




  • OAC 252:100-4, New Source Performance Standards. These amendments will Incorporate by Reference any new or amended NSPS promulgated between July 1, 2000, and June 30, 2001. 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 252:100-41. Control of Emission of Hazardous and Toxic Air Contaminants. The proposed amendments to Subchapter 41 will incorporate by reference the Maximum Achievable Control Technology standards for Hazardous Air Pollutants in 40 C.F.R. Part 63 promulgated between July 1, 2000, and June 30, 2001. Hearing Oct. 24. See http://www.deq.state.ok.us/air1/current.html 

red bar graphic  OREGON


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



  • Adoption by reference of federal rules and rule amendments regarding hazardous air pollutants (NESHAPS). DEQ is also proposing to delete a rule that regulates volatile organic compound emissions from perchloroethylene dry cleaning and extend a requirement that all perchloroethylene dry cleaners monitor and maintain their pollution control equipment. Hearing Sept. 20; comments due Sept. 27. See http://www.deq.state.or.us/news/releases/312.htm 

  • Amendment and Clarification of and Housekeeping revisions to Asbestos Rules. The proposed rule changes include a proposed nonfriable disposal rule, a demolition and renovation project survey requirement, the addition of a negative pressure enclosure requirement, and several punctuation, form, reference, and omission corrections that are considered housekeeping changes. The proposed rules also extend responsibility for proper abatement to those who "provide for" an asbestos abatement project. The proposed rules listed above also include the following proposed definitions that are intended to enhance the scope of the asbestos requirements: "accredited inspector," " negative pressure enclosure," "owner or operator," "shattered," and "survey." There are also additions to the following existing definitions that will clarify their meaning and possibly expand their scope, "asbestos abatement project," "asbestos-containing material," "friable asbestos-containing material," and "nonfriable asbestos-containing material." The proposed effective date of the proposed rule revisions is Jan. 1, 2002, following adoption by the EQC on Dec. 7, 2001. The start date of formal enforcement actions for the survey rule (OAR 340-248-0270(1)) will be delayed for 6 months so that the DEQ can ensure the regulated community knows about the survey rule and to give them time to adjust to the survey requirements. Existing staff in Medford, Coos Bay, Salem, Bend, Pendleton, and Portland will implement these rule revisions. Hearing Sept. 18; comments due Sept. 25. See http://www.deq.state.or.us/aq/asbestos/rule_notice816.htm 

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 DEQ 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


red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Draft Environmental Equity Policy



Upcoming Events


red bar graphic SOUTH CAROLINA


Dept. of Health and Envtl. Control


Emergency Regulations--Swine Facilities with 1,000,000 Pounds or More of Normal Production Animal Live Weight at Any One Time; Proposed Regulations



  • Filed Aug. 8, effective for 90 days. On Apr. 23, Governor Jim Hodges issued Executive Order No. 2001-11 which declared a State of Emergency due to the threat of a disaster within the state due to additional larger swine facilities proposing to locate in South Carolina. The Executive Order also ordered the "Board of Health and Environmental Control to meet at the earliest possible time to consider an administrative moratorium on the issuance of permits for swine facilities, lagoons and associated waste management plans or other appropriate action that will allow sufficient time for exploration of and analysis of the issues associated with the handling, storage, treatment and final disposal or utilization of wastes created by these facilities." The Board of Health and Environmental Control, as directed by the Governor, met and imposed a moratorium on issuance of permits for swine facilities until Aug. 9, 2001. While the Department is proposing revisions to S.C. Regulation 61-43, Standards for the Permitting of Agricultural Animal Facilities, the new emergency rule will address the emergency until Regulation 61-43 can be permanently amended, anticipated to take place by approximately June 1, 2002. The time period between the moratorium expiration date and probable legislative approval of the proposed regulation includes hurricane season. The regulation does not create a new permit, but ensures that appropriate requirements are applied to swine facilities permitted for 1,000,000 pounds or more of normal production animal weight at any one time until Regulation 61-43 can be permanently amended. See http://www.scdhec.net/co/regs/ 

  • For background, on the emergency rule issued Apr. 23 (with a maximum 15-day limit), but extended by DHEC until Aug. 9, see http://www.scdhec.net/eqc/water/html/agmorat.html and http://www.scdhec.net/eqc/water/pubs/agmotion.pdf. See also http://www.scdhec.net/news/releases/2001/html/nr05brd01.htm

  • To satisfy the requirements of the 1996 Act No. 460, the Department is proposing to amend R.61-43, Standards for the Permitting of Agricultural Animal Facilities. The amendment will: (1) establish a new Part 50 where all definitions are now found; (2) rewrite Part 100 (Swine Facilities) in its entirety and make it a separate and distinct regulation for swine facilities as required by 1996 Act No. 460, which included the Confined Swine Feeding Operations Act; (3) add new requirements to Part 100, which address a new class of large swine facilities; (4) modify Part 200 (Other Animal Facilities) and Part 300 (Innovative and Alternative Technology); (5) add a new section that specifically outlines requirements for manure broker operations, as well as a section that addresses integrator registration, and a section for severability; and (6) incorporate recommendations made by a Regulation Development Committee, which was organized to review the regulation for issues and concerns. Among other things, the proposal will add new setbacks for the new class of large swine facilities as follows: the setback required between a large swine facility, lagoon, treatment system, or manure storage pond and waters of the state (excluding ephemeral and intermittent streams) located down slope from the facility is 2,640 feet (½ mile); if the waters of the state (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the setback required between a lagoon, treatment system, or manure storage pond and waters of the state is 3,960 feet (3/4 mile); the setback required between a large swine facility (including the lagoon, treatment system, and manure storage pond) and real property owned by another person or a residence (excluding the applicant’s residence) is 1,750 feet; and the setback required between a swine facility (including a lagoon, treatment system, or manure storage pond) and a potable water well (excluding the applicant’s well) is 1,750 feet. Similarly, manure treatment/storage structures must be designed for the 50 year-24 hour storm event and provide at least 2 feet of freeboard; lagoons and manure storage ponds shall be lined with a geomembrane liner such that the vertical hydraulic conductivity does not exceed 5x 10-7 cm/sec; large swine facilities are prohibited from utilizing open lagoons or manure storage ponds and must be designed with airtight covers; facilities shall utilize new technologies for the manure treatment and storage; air pollution control devices utilizing the best available technology must be installed on all lagoon cover vents and openings to remove ammonia, hydrogen sulfide, methane, formaldehyde, and any other organic and inorganic air pollutants; air pollution control devices must meet all the requirements of the Department and the Bureau of Air Quality, and an appropriate air quality control permit must be obtained; quarterly monitoring of groundwater monitoring wells will be required; and the use of automated lagoon level monitoring devices will be mandated. Informational meeting Sept. 24; interested persons are also provided an opportunity to submit written comments on the proposed amendment by writing to Joy Shealy at Bureau of Water, S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, S.C. 29201; Fax (803) 898-4095; Comments may also be sent by E-mail to agcomments@columb32.dhec.state.sc.us. Additionally, the Department is asking the public to provide specific comments on: (a) changing the maximum 4 acre swine lagoon size restriction to a volume restriction of 1,000,0000 cubic feet; (b) when a closed facility’s permit should be considered invalid; (c) phasing out lagoons at existing agricultural facilities (swine and other animal facilities); and (d) adding more specific restrictions on manure utilization areas based on depth to seasonal high water table. All comments must be received no later than 5:00 p.m., Sept. 24, 2001.

Revised Air Modeling Guidelines Available



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. A Notice of Proposed Regulation appeared in the State Register on July 27,  regarding public comment and 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 that 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. A Notice of Proposed Regulation appeared in the State Register on July 27. 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. A Notice of Proposed Regulation appeared in the State Register on July 27, 2001. 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-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.


Proposed Regulations-Air Quality




  • Pursuant to S.C. Code §48-1-10 et seq., DHEC is proposing to amend Regulation 61-62, Air Pollution Control Regulations and Standards, to incorporate recent federal amendments to air quality regulations. The Department is also making corrections and clarifications to the existing regulations to improve ease of use of the regulations by the regulated community. In addition, the Department proposes to amend 61-62.5, Standard 7, Prevention of Significant Deterioration, and the South Carolina State Implementation Plan (SIP), to maintain conformity with federal requirements pursuant to 40 C.F.R. Parts 51 and 52 and ensure compliance with federal standards. Public meeting Sept. 24; comments due same date. 


Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Proposed Amendments-Regulations for Public Water Systems and Drinking Water Quality Chapter 1200-5-1 





Board Meeting Agendas, Schedules



Permit Applications



Metropolitan Nashville and Davidson County Health Department, Pollution Control Division


Air Quality Data


red bar graphic  TEXAS


Natural Resource Conservation Commission


General Permit-Stormwater Discharges from Industrial Facilities



  • The Commissioners of the Texas Natural Resource Conservation Commission approved issuance of TPDES General Permit No. TXR050000, covering eligible stormwater and certain non-storm water discharges from industrial facilities, on Wednesday, May 23, 2001. The permit was signed on Monday, Aug. 20, 2001, and is therefore issued and effective on that date. Facilities that were covered under the 1995 NPDES permit have 90 days from the issuance date to submit their Notice of Intent for permit coverage. This 90-day period expires on Monday, Nov. 19, 2001. All other facilities must prepare and implement a stormwater pollution prevention plan and submit an NOI as soon as possible. See http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/txro50000.pdf and http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/industry.html 

Texas Emissions Reduction Plan (TERP), Senate Bill 5--Draft Implementation Guidelines for Incentive Funding Programs



Proposed Regulations-Underground Injection Wells



Proposed Regulations-Procedure



Proposed Regulations-RCRA Cluster Rule



  • RCRA Cluster Rules-Phase II. The rulemaking would revise TNRCC rules to conform to certain federal regulations as part of the on-going RCRA authorization process. It would lead to a completion of the required RCRA cluster rules by adding certain hazardous waste air emission interim status and permitting standards to other requirements of Cluster's VII-X in Rule Log No. 2000-044-335-WS. In addition, inconsistencies and errors such as statutory citations and rule references identified in a previous review of Chapter 335 will be edited along with editorial and administrative corrections to improved the readability of the chapter. Comments due Sept. 24. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/00044a305_pro.pdf (Ch. 305 revisions), http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/00044a335_pro.pdf (Ch. 335 revisions). 

Proposed Regulations-Air Quality



  • A series of public hearings will be held Sept. 17 on a proposed expansion and upgrade of vehicle emissions testing programs for the Dallas-Fort Worth, Houston-Galveston and El Paso metropolitan areas. Hearings will be held at 1:30 p.m. and 6:30 p.m. at the LaQuinta Inn and Conference Center, 825 N. Watson Rd., Houston. Also on Monday, Sept. 17, a hearing will be held at 7 p.m. at the El Paso City Council Chambers, Second Floor, 2 Civic Center Plaza.

  • HB 2134: Chapter 114, Inspection and Maintenance (I/M) Program. Includes revisions that will implement portions of House Bill 2134, related to test on resale and waivers. Also includes a proposal to increase fees for the El Paso area should the county opt into LIRAP (low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program). Additionally, §114.52 will be deleted from the chapter and will be adopted by the Texas Department of Public Safety. Separate from HB 2134, the proposed rules revise the I/M testing network design; adjust administration fees; and provide incentives for inspection stations for early participation in the I/M program. Sept. 13, 14 hearings; comments were due Sept. 14. See http://www.tnrcc.state.tx.us/oprd/hearings/01035114_phn.pdf (notice), http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01035114_pro.pdf (proposal). 

  • HB 2912, HB 2947, and SB 688: Notice Requirements. Relating to the issuance of certain permits for the emission of air contaminants. This proposal would establish insignificant levels for agricultural facilities, de minimis levels for all other facilities, and criteria for the meaning of net increase, for the purpose of public notice. This addresses the notice and other requirements in Article 2 of HB 2912, HB 2947, and SB 688.688. This bill project has been identified as a project with a short timeline for implementation, because it affects applications for permit amendments pending before the commission on Sept. 1, 2001 or filed with the Commission on or after Spet. 1, 2001. Hearing Sept. 20, comments due Sept. 24. See http://www.tnrcc.state.tx.us/oprd/hearings/01028a039_phn.pdf (notice), http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01028a039_pro.pdf (proposal).

Proposed Regulations-Miscellaneous



Permit Hearings



Public Hearings/Proposed Rule Tracking Log



Implementation of Laws Passed During the 77th Texas Legislative Session


red bar graphic  UTAH


Dept. of Envtl. Quality


Proposed Regulations-Water Quality



  • R317-6, Ground Water Quality Protection. Proposed amendment updates the ground water standards listed in Table 1 to include new parameters that have had new primary or secondary maximum contaminant levels enacted under the Safe Drinking Water Act since the last ground water protection rule revision. The proposed amendment would change the "permit by rule" section of the rules for agricultural facilities in Subsection R317-6-6(2)(A)(17). The new language would eliminate the permit by rule provisions for the volume criteria for the 4 million gallon lagoons and go to a strict animal unit numbers only criteria. References to guidance documents and C.F.R. dates are being updated to the most current versions. The "probable out of compliance" criteria has been modified so that when a protection level is exceeded, the permittee only has to go to monthly monitoring when the results exceed both the protection level and the two standard deviation criteria. Public hearing Sept. 20; comments due Oct. 5. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010901/23986.htm 

Permit Applications


red bar graphic VERMONT


Dept. of Envtl. Conservation


Lake Champlain Phosphorus TMDL for Vermont Portion



Permit Applications


red bar graphic VIRGINIA


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

  • Pursuant to §62.1-44.15:5 D of the Code of Virginia and 9 VAC 25-210-115 E, the State Water Control Board (board) is giving notice of its intent to approve use of the Virginia Wetlands Restoration Trust Fund (the fund) as an acceptable form of compensatory mitigation for permitted impacts to state waters, including wetlands, after considering public comment for a 30-day period starting Aug. 27, 2001. The Norfolk District Corps of Engineers (the corps), in their letter of Aug. 7, 2001, has requested that the board approve use of the fund as meeting the requirements set forth in 9 VAC 25-210-115 E, including: dedication to the achievement of no net loss of wetland or stream acreage and function; consultation with the board on site selection; provision of annual reports detailing contributions by watershed; and a mechanism to establish fee amounts. In addition to their letter, the corps has provided a report on fund activities as they meet the above stated requirements. Comments due Sept. 26. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=214 

  • Oct. 4 Water Control Board meeting. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1262 

  • Nov. 7 Air Pollution Control Board meeting. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1275 

  • 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 with a June 8, 2001, decision of the U.S. 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.

  • Public hearing Oct. 3 to receive comments on a proposed revision to the SIP. The proposed revision consists of amendments to (i) a plan to reduce and maintain VOC and NOX emissions in the Richmond Ozone Nonattainment Area through the year 2007 such that they do not exceed the 1993 attainment year level; and (ii) the mobile emissions budget established by the plan for the year 2015 and beyond. The maintenance plan contains a program of contingency measures to be implemented only if any air quality monitoring station in the area records a violation of the ozone air quality standard. The amendments to the maintenance plan revise the contingency measures, as well as some of the control measures used in the mobile source budget. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1339 

  • Sept. 26 hearing to receive comments on the proposed revision to the Regulations for the Control and Abatement of Air Pollution, concerning minor new and modified source review (9 VAC 5 Chapter 80, Revision YY) and the SIP. On Feb. 15, 1999, the Board published a proposal (hereafter called the original proposal) to amend its regulations concerning new and modified new source review. In response to that request, comments were submitted that resulted in several changes being made to the original proposal. Because of the nature of the changes, the Board is not seeking comment on the additional changes. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1276 

  • Sept. 20 Air Pollution Control Board meeting. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1261 

  • 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 (C.F.R.) 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 15 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 C.F.R. 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. Hearing was Aug. 15; Sept. 14 was the 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


Final Regulations-Air Quality



Proposed Regulations



State Environmental Policy Act Register


red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)



See http://129.71.240.41/pio/pubinfocalendar.cfm 

red bar graphic WISCONSIN


Dept. of Natural Resources


Proposed Regulations-Air Quality-Mercury Emissions From Coal-Fired Power Plants



  • Public hearings Sept. 26-Oct.3. The proposed rule would cut mercury emissions by 30% within 5 years, 50% in 10 years, and 90% in 15 years from four electric utilities in the state with significant mercury emissions. Chapters NR 400, 405, 406, 408, 439, 445,and 446 would be revised and a new subchapter subch. II of ch. NR 446, Wis. Adm. Code, relating to the control of the atmospheric deposition of mercury, promulgated. The proposed rule contains a phased mercury reduction schedule for four major electric utilities covering a 15-year period. Five years after promulgation, a 30% reduction in baseline mercury emissions must be achieved by each major utility. A 50% reduction in baseline emissions is required after 10 years, and a final reduction of 90% is to be achieved after 15 years. In addition to the emission reductions by large electric utilities, the proposed rules include an emissions ceiling on mercury emissions for other utilities and large stationary sources that annually emit 10 pounds of mercury or more. See http://www.dnr.state.wi.us/org/caer/ce/news/on/index.htm#art1 

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


red bar graphic  CLIMATE CHANGE



  • A British Antarctic Survey study published in Science shows that certain regions of Antarctica are thawing at a faster rate than the remainder of the planet; cause unknown. See http://www.sciencemag.org/content/current/ 

  • The next round of Kyoto Protocol global warming talks will be held in Marrakech, Morocco, from Oct. 29 to Nov. 9.

  • The New York Times reported that lawyers representing environmental nongovernmental organizations last month in Washington discussed filing suits in domestic and international courts on behalf of plaintiffs affected by global climatic changes against those viewed as responsible. See http://www.nytimes.com/2001/09/06/national/06WARM.html