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Weekly Update Volume 31, Issue 29

10/15/2001

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


red bar graphic  CWA, ENFORCEMENT, MANDATORY ACTION:

The Ninth Circuit held that the EPA Administrator's failure or refusal to find a CWA violation or to take enforcement action against an Arizona wastewater treatment plant are discretionary decisions that are not subject to review under the CWA. After the treatment plant's NPDES permit expired in 1996 and 128 permit violations were reported between 1995 and 2000, an environmental group brought a CWA §505(a)(2) citizen suit against EPA seeking to compel the Agency to initiate an enforcement action. Suits against EPA are barred by sovereign immunity unless there has been a waiver of that immunity. Congress has waived immunity in CWA §505(a)(2) only for suits alleging a failure to perform a nondiscretionary duty. The group claims that CWA §309(a)(3) creates a mandatory duty of the EPA Administrator to make enforcement findings when presented with information suggesting a violation. However, CWA §309(a)(3) contains no language suggesting that the Administrator has a duty to make findings. Instead, §309(a)(3) merely states what follows a finding of a violation by the Administrator. Moreover, the CWA's purpose is to restore and maintain the national waters, and requiring EPA to investigate all complaints, irrespective of their environmental magnitude, could hinder the Administrator's ability to investigate and enforce the most serious violations. Further, although CWA §309(a)(3) states that the Administrator " shall" issue a compliance order or commence a civil action upon finding a violation, the use of the term "shall" does not implicitly impose a mandatory requirement on the Administrator. The term "shall" usually denotes a mandatory duty, but it sometimes is the equivalent of "may." An analysis of the CWA's language, structure, and legislative history leads to the conclusion that CWA §309(a)(3) does not create mandatory enforcement duties. Because there is no nondiscretionary duty that the Administrator failed to perform, CWA §505(a)(2) does not authorize suit against EPA. Thus, there has been no waiver of sovereign immunity and the group's action must be dismissed for lack of subject matter jurisdiction. Sierra Club v. Whitman, No. 00-16895 (9th Cir. Oct. 2, 2001) (20 pp.).

red bar graphic  CWA, NPDES PERMITS, PERMIT SHIELD DEFENSE, HEAT DISCHARGES:

The Fourth Circuit reversed a district court decision that even though a county waste treatment plant's NPDES permit did not prohibit the discharge of heat, the plant violated the CWA when it discharged warm water to a stream since the NPDES permit did not expressly authorize such a discharge. The permit shield defense to an alleged CWA discharge violation applies as long as the NPDES permit holder complies with the express terms of the permit, complies with the CWA's disclosure requirements, does not make a discharge of pollutants that was not within the reasonable contemplation of the permitting authority at the time the permit was granted. Here, the language of the plant's permit does not bar the discharge of heat. Although a footnote to the plant's permit states that "discharge of pollutants not shown shall be illegal," the footnote is ambiguous considering that it can be read to mean either that it is illegal to discharge pollutants not listed or that it prohibits only those pollutants that were not disclosed to the state environmental agency during the permitting process. Given this ambiguity, extrinsic evidence must be evaluated, and this evidence reveals that during the NPDES permit issuance, it was contemplated that the plant would discharge pollutants other than those listed. In addition, the plant adequately disclosed the plant's discharge of heated water to the state environmental agency and the plant's discharges were reasonably anticipated by the state agency. Therefore, the judgment of the district court is vacated. Piney Run Preservation Ass'n v. County Commissioners of Carroll County, No. 00-1283, -1322 (4th Cir. Oct. 10, 2001) (24 pp.).

red bar graphic  CWA, TOTAL MAXIMUM DAILY LOADS (TMDLs), PHOSPHOROUS:

The Second Circuit affirmed a district court holding that the CWA does not require the state of New York to express its TMDLs for phosphorous in terms of daily loads but remanded to EPA to explain why New York's use of annual loads for phosphorous is appropriate. New York City's drinking water reservoirs have suffered increasing phosphorous pollution leading to eutrophication. After an environmental group sought to compel EPA to promulgate TMDLs for the reservoirs, New York established TMDLs based on the annual load of phosphorous in the reservoirs. The environmental group challenged the TMDLs. The district court upheld the TMDLs, and the group appealed. Although the CWA calls for the establishment of daily loads, the term TMDL is susceptible to a broader range of meanings. The CWA contemplates the use of TMDLs in order to effectively regulate a pollutant, but because harmful effects of any pollutant may not be immediately present, close daily regulation for such pollutants may not be appropriate. Thus, EPA can utilize its expertise to determine that a TMDL may be expressed by another means of mass per time, where such an alternative measure best serves the purpose of effective regulation of pollutant levels in water bodies. Nevertheless, while the record makes clear why EPA or the state might not opt to measure loads on a daily basis, it remains unclear why an annual measurement of loads would be more appropriate since phosphorous concentrations vary within a water body on a seasonal basis. Therefore, the court remanded to EPA to justify how the annual period of measurement takes seasonal variations into account. Moreover, EPA's determination that the state can formulate its TMDLs for phosphorous in the drinking water reservoirs using an aesthetic criterion is not arbitrary and capricious. In the absence of national criterion for phosphorous, EPA relied on certain scientific evidence that the aesthetic value was sufficient to protect drinking water. Although there is conflicting scientific evidence, the court must defer to the agency's expertise. In addition, EPA could reasonably conclude based on the close calibration of a model of phosphorous concentrations that a 10% margin of safety in the TMDL was sufficient. Natural Resources Defense Council v. Muszynski, No. 00-6232 (2d Cir. Oct. 11, 2001) (10 pp.).

red bar graphic  OIL AND GAS ROYALTIES, 28 U.S.C. §2415(a) STATUTE OF LIMITATIONS:

The Tenth Circuit held that 28 U.S.C. §2415(a)'s six-year statute of limitations governs Mineral Management Service (MMS) orders directing an oil and gas lessee to pay additional royalties for oil production from federal onshore and offshore leases in California. In 1996, the MMS issued orders to the lessee requiring it pay additional royalties for the period from 1980 to 1983. The lessee filed suit seeking a declaration that the MMS's orders were time barred under 28 U.S.C. §2415(a). According to §2415(a), except as otherwise provided by Congress, every action for money damages brought by the United States that is founded on any contract shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in administrative proceedings required by law or contract. The statutory language, statutory scheme, and purpose of §2415 clearly indicate that the statute's six-year statute of limitations applies to the MMS order. The statute's phrase "every action" is patently broad and encompasses the MMS orders. The clear purpose of the statute of limitations was to prevent the government from bringing contract claims, such as the present MMS orders, that had gone stale. Moreover, if §2415(a) does not apply to administrative actions, the 28 U.S.C. §2415(i) provision allowing collection of delinquent debts owed the government after the six-year statute of limitations would be superfluous. Likewise, actions to collect royalties under federal oil and gas leases are based in contract, and the orders directing the lessee to pay royalties constitute an action seeking compensatory money damages under §2415. In addition, although Congress may have enacted specific statutes governing oil and gas royalty assessment and collection, these statutes did not otherwise provide for application of a statute of limitations, and §2415 continues to apply. Thus, the six-year statute of limitations applies, and the MMS orders to the lessee are time barred. Oxy USA, Inc. v. Babbitt, No. 98-5222 (10th Cir. Oct. 10, 2001) (12 pp.).

red bar graphic  SOIL REMEDIATION COSTS, CORPORATE INCOME TAX DEDUCTIONS:

The Sixth Circuit affirmed a district court holding that a dairy could not deduct soil remediation costs as ordinary business expenses under 26 U.S.C. §162 of the Internal Revenue Code. The dairy claimed that its soil remediation costs at two properties were ordinary and necessary business expenses allowing the continued use of the property, but the government claimed that the remediation resulted in permanent improvements that allowed a different use of the property and, thus, must be capitalized under 26 U.S.C. §263(a) of the Internal Revenue Code. Costs that restore value to property that existed prior to deterioration or to a discrete event damaging property are deductible as repairs under §162, but costs that allow property to be used in a different way must be capitalized under §263. To determine if the dairy's properties were used in a different way, it must be determined whether the properties' condition should be evaluated at the time prior to contamination or after contamination. Although the dairy points to precedent supporting valuation prior to contamination, such precedent does not apply where a taxpayer improves property defects that were present when the taxpayer acquired the property. The remediation of such defects are capital in nature and must be addressed under §263. Because the dairy acquired the properties after they had been contaminated, valuation occurs after contamination. In addition, the dairy offered no comparisons of its property use before and after soil remediation and offered no argument that its property use after the improvements was unchanged. Therefore, the dairy failed to meet its burden of clearly showing its right to the §162 deduction. Moreover, large environmental cleanup costs, relative to property value, cast doubt on a taxpayer's claim of merely making incidental repairs to keep a property operating efficiently. In this case, the dairy claimed cleanup costs of nearly $260,000 for two properties that it purchased for $765,000. In addition, the dairy's argument that it is entitled to deduct the soil remediation expenses as bad debt expenses is waived, conceded, and meritless. United Dairy Farmers, Inc. v. United States, No. 00-3800 (6th Cir. Oct. 3, 2001) (12 pp.).

red bar graphic  CERCLA §104(e) INFORMATION REQUEST, UNTIMELY RESPONSE:

A district court held that a paper and pulp company unreasonably failed to provide a timely response to an EPA CERCLA §104(e) information request regarding the identification, nature, quantity, generation, and release of certain substances at a company mill in New York. CERCLA §104(e) requires a party subject to an information request to respond within 30 days. The company did not respond for 97 days and did not make the requested documentary submissions until 895 days past the response deadline. Moreover, the company's proffered justifications for the late response are unavailing since they involve issues of everyday business such as staff attrition, a financial crisis, and offices in different parts of the country. Further, the company's argument that precedent indicates that its actions were not unreasonable per se is irrelevant because the court need not find that the company's noncompliance was unreasonable per se as a prerequisite to imposing liability. Rather, the court need only identify that the comapany unreasonably failed to comply with an EPA information request. Here, the company's conduct was unreasonable. Similarly, the company's failure to respond to EPA's request completely and accurately for several years after the deadline was unreasonable based on the nature and duration of the delay. In addition, the company unreasonably failed to supplement its initial response to the information request. Therefore, the court granted the government's motion for summary judgment, found the company liable for violating CERCLA §104(e), and ordered the company's compliance with any further information request. United States v. Ponderosa Fibres of America, Inc.,  No. 1:97-CV-909 (N.D.N.Y. Sep. 27, 2001) (13 pp.) (Plaintiff's counsel included David L. Weigert of the U.S. Department of Justice in Washington, DC).

red bar graphic  INSURANCE, DUTY TO DEFEND, POLLUTION EXCLUSION:

The Ninth Circuit affirmed a district court holding that pollution exclusion clauses in two comprehensive general liability policies issued by an insurer to an Oregon lumber company precluded the insurer's duty to defend the company from a nuisance action brought by the company's neighbors. The neighbors alleged that the company's plant emitted gases and particulates causing personal injury and property damage. The insurer cited the pollution exclusion clauses and refused to defend the company, but the company claimed that the hostile fire exception to the pollution exclusion clauses applied, thereby triggering a duty to defend. However, because the neighbors seek damages for bodily injury caused by the company's ongoing gas, smoke, and pollutant emissions, the pollution exclusion clauses' plain text bars coverage. Moreover, the neighbors' allegations do not suffice to trigger the hostile fire exception. The insurance policy defines "hostile fire" as a fire that becomes uncontrollable or breaks out from where it was intended to be. There is no allegation in the neighbors' complaint that any fire ever became uncontrollable. The neighbors' complaint alleges that the company can control the emissions and that it be enjoined from further emissions. Such allegations do not involve uncontrollable events. In addition, the pollution exclusion is not unenforceable because its title is not in all capital letters. State law requires that explanatory titles in insurance policies be written in type not smaller than eight-point capital letters. The size of the type used by the insurer for the pollution exclusion clause titles is larger than eight-point capital letters. Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products, No. 00-35621 (9th Cir. Oct. 5, 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 amended the standards of performance for industrial-commercial-institutional steam generating units that permit owners and operators of new steam generating units located at chemical manufacturing plants and petroleum refineries burning high-nitrogen byproduct/wastes to petition the Administrator for a site specific nitrogen oxides emission limit by extending the provisions to owners and operators of new steam generating units located at pulp and paper mills. 66 FR 49830 (10/1/01). 

  • EPA proposed NESHAPs for new and existing friction materials manufacturing facilities. 66 FR 50767 (10/4/01). 

  • EPA proposed emission standards for several groups of nonroad engines that cause or contribute to air pollution but that have yet to be regulated by EPA, including large spark-ignition engines such as those used in forklifts and airport tugs; recreational vehicles using spark-ignition engines such as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and recreational marine diesel engines. 66 FR 54097, 66 FR 51147, 66 FR 51197, 66 FR 51247 (10/5/01). 

  • EPA proposed two minor revisions to the transportation conformity rule. 66 FR 50954 (10/5/01). 

  • EPA entered into a proposed settlement under the CAA in American Portland Cement Alliance v. U.S. Environmental Protection Agency, No. 99-1322 (D.C. Cir.), which concerned a challenge to the NESHAPs for the portland cement manufacturing industry. 66 FR 50643 (10/4/01). 

  • EPA announced that it entered a proposed settlement agreement to address a lawsuit, Louisiana Environmental Action Network v. United States Environmental Protection Agency, No. 99-60579 (5th Cir.), in which petitioners, including the Tulane Environmental Law Clinic, sought review of an EPA rule approving the post 1996 rate-of-progress, attainment demonstration, and contingency measures SIPs for the Baton Rouge ozone nonattainment area. 66 FR 52128 (10/12/01).

  • EPA approved a revision to Missouri's CAA §111(d) plan for controlling emissions from existing hospital/medical/infectious waste incinerators. 66 FR 52060 (10/12/01).

  • EPA approved the request of Delaware's environmental agency to implement and enforce its hazardous air pollutant general provisions and hazardous air pollutant emission standards for perchloroethylene dry cleaning facilities, hard and decorative chromium electroplating and chromium anodizing tanks, and industrial process cooling towers in place of similar federal requirements. 66 FR 50116 (10/2/01). 

  • EPA delegated authority to the states of Iowa, Kansas, Missouri, Nebraska, the local agencies of Lincoln-Lancaster County, Nebraska, and the city of Omaha, Nebraska, to implement and enforce new source performance standards and NESHAPs. 66 FR 50110 (10/2/01). 

  • EPA approved Texas' CAA §111(d) plan to implement and enforce the emissions guidelines for existing hospital/medical/infectious waste incinerators. 66 FR 49834 (10/1/01). 

red bar graphic  DRINKING WATER:



  • EPA amended the National Pretreatment Program regulations to allow publicly owned treatment works that have completed the Project XL selection process, including final project agreement development, to modify their approved local pretreatment programs. 66 FR 50334 (10/3/01). 

  • EPA announced the availability of three reports and recommendations on the science, cost of compliance, and benefits analyses in support of a rule on arsenic in drinking water.  66 FR 50961 (10/5/01). 

  • EPA announced that it is proposing to approve revisions to Indiana's public water system supervision primacy program. 66 FR 49672 (9/28/01).

  • EPA announced that it intends to approve a revision to Nebraska's public water system supervision program. 66 FR 50434 (10/3/01). 

red bar graphic  ENFORCEMENT:



  • EPA announced the availability of a memorandum entitled Guidelines for Implementing the Three Percent Set-Aside Provision Contained in the State and Tribal Assistance Grants Account Section of the Agency's FY 2001 Appropriations Act 66 FR 50433 (10/3/01). 

  • EPA announced the availability of two draft data standards, the Permitting Data Standard and the Enforcement and Compliance Data Standard, for comment. 66 FR 50644 (10/4/01).

red bar graphic  HAZARDOUS WASTES & SUBSTANCES:



  • EPA proposed revisions to the RCRA hazardous waste permitting program to allow a "standardized permit" for facilities that generate hazardous waste and then manage the waste in units such as tanks, containers, and containment buildings. 66 FR 52191 (10/12/01). 

  • EPA took final action on two clarifying revisions to the mixture rule. The first revision reinserts certain exemptions to the mixture rule that were inadvertently deleted. The second revision clarifies that mixtures consisting of certain excluded wastes (Bevill wastes) and listed hazardous wastes that have been listed solely for the characteristic of ignitability, corrosivity, and/or reactivity are exempt once the characteristic for which the hazardous waste was listed has been removed. 66 FR 50332 (10/3/01). 

  • EPA announced that a proposed administrative settlement under CERCLA concerning the Beede Waste Oil Superfund site in Plaistow, New Hampshire, was amended. 66 FR 50645 (10/4/01). 

  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with the San Gabriel Valley Superfund site in California. 66 FR 50197 (10/2/01). 

  • EPA announced the availability of a guidance document entitled Risk Burn Guidance for Hazardous Waste Combustion Facilities. 66 FR 51953 (10/11/01). 

  • EPA announced the availability of a draft guidance memorandum, Recognizing Completion of Corrective Action Activities at RCRA Facilities, for comment. 66 FR 50195 (10/2/01). 

  • EPA withdrew its approval of a revision to Idaho's hazardous waste management program that was published on August 22, 2001 (66 Fed. Reg. 44071), because it received adverse comments. 66 FR 50833 (10/5/01). 

  • EPA approved revisions to Missouri's hazardous waste program under RCRA. 66 FR 49841 (10/1/01). 

  • EPA proposed to approve Hawaii's UST program for petroleum and hazardous substances. 66 FR 50963 (10/5/01). 

red bar graphic  PESTICIDES:



  • EPA announced the availability of a public report on minor uses of pesticides under FIFRA. 66 FR 50433 (10/3/01). 

  • EPA announced the availability of a draft pesticide registration notice entitled Guidance for Submitting Requests for Threshold of Regulation Decisions. 66 FR 51040 (10/5/01). 

red bar graphic  RADIOACTIVE MATERIAL:



  • EPA announced the availability of DOE documents on waste characterization programs applicable to certain transuranic radioactive waste at the Idaho National Engineering and Environmental Laboratory proposed for disposal at the Waste Isolation Pilot Plant. 66 FR 50431 (10/3/01). 

red bar graphic  SMCRA PROGRAM APPROVALS:



  • OSM approved an amendment to Maryland's regulatory program under SMCRA. 66 FR 50827 (10/5/01). 

  • OSM proposed to approve an amendment to Arkansas' abandoned mine land reclamation plan and its regulatory program under SMCRA. 66 FR 50952 (10/5/01).

  • OSM proposed to approve an amendment to Wyoming's regulatory program under SMCRA. 66 FR 51891 (10/11/01). 

red bar graphic  TOXIC SUBSTANCES:



  • EPA published the TSCA Interagency Testing Committee's 48th Report to the EPA Administrator, which it transmitted to the Administrator on May 15, 2001. 66 FR 51275 (10/5/01). 

  • EPA received Tennessee's application to administer and enforce training and certification requirements, training accreditation requirements, and work practice standards for lead-based paint activities in target housing and child-occupied facilities under TSCA. 66 FR 51042 (10/5/01).

red bar graphic  WATER QUALITY:



  • EPA proposed to ratify its approval of several analytic test procedures measuring "whole effluent toxicity" that the Agency standardized in an earlier rulemaking. 66 FR 49793 (9/28/01).

  • EPA proposed to issue a general NPDES permit regulating discharges, or potential discharges, from egg production operations. 66 FR 50646 (10/4/01). 

  • EPA proposed to modify EPA Method 1631, which measures mercury in water. 66 FR 51517 (10/9/01). 

  • EPA proposed to modify the designation of an ocean dredged material disposal site in the Atlantic Ocean offshore of Charleston, South Carolina. 66 FR 51628 (10/10/01). 

  • EPA announced the availability of a nutrient criteria technical guidance manual for estuaries and coastal marine waters. 66 FR 51665 (10/10/01). 

  • EPA disapproved New Jersey's omission of five waters on its 1998 CWA §303(d) list for toxic pollutant impairment and added the five waters, Ackerman's Creek, Berry's Creek, Birch Swamp Brook, Capoolony Creek, and Edmund's Creek, to the list. 66 FR 51430 (10/9/01). 

  • EPA announced that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters of the Port Jefferson Harbor Complex in the County of Suffolk, New York.  66 FR 51954 (10/11/01). 

red bar graphic  WILDLIFE:



  • The National Marine Fisheries Service (NMFS) proposed to amend the regulations protecting sea turtles to enhance their effectiveness in reducing sea turtle mortality resulting from shrimp trawling in the Atlantic and Gulf Areas of the southeastern United States.  66 FR 50148 (10/2/01). 

  • NMFS is closing the waters of Pamlico Sound, North Carolina, to fishing with gillnets with a mesh size larger than 4 1/4 inch stretched mesh from September 28, 2001, through December 15, 2001, to protect migrating sea turtles. 66 FR 50350 (10/3/01).

  • NMFS is preparing regulations to implement a seasonal area management program to seasonally limit fishing operations in certain areas in order to provide endangered western North Atlantic right whales protection from entanglement with fishing gear used in Northeast multispecies, monkfish, spiny dogfish, and American lobster fisheries. 66 FR 50390 (10/3/01). 

red bar graphic  U.S. DOJ NOTICES OF SETTLEMENTS:



  • United States v. Aerojet-General Corp., Nos. CIVS-86-0063-EJG, -0064-EJG (E.D. Cal. Sept. 25, 2001). Under a proposed stipulation and order modifying a previous partial consent decree in connection with the Aerojet Superfund site in Sacramento, California, the site will be divided into operable units to speed up the pace of cleanup, and certain areas will be removed from the site. 66 FR 49978 (10/1/01). 

  • United States v. Vafadari, No. 96-143 PHX EHC (D. Ariz. Sept. 7, 2001). A previously lodged decree concerning the DCE Circuits site, a subsite of the Indian Bend Wash Superfund NPL site in Pheonix, Arizona, was replaced by a new consent decree that requires, among other things, certain defendants to pay the United States an additional $15,000 over four years and requires one party to pay an additional $5,000 to settle civil penalty claims against him. 66 FR 49978 (10/1/01). 

  • United States v. A-1 Auto Service, Inc., No. 3:01CV1567 (AHN) (D. Conn. Sept. 14, 2001). Settling CERCLA defendants must pay over $810,000 in partial reimbursement of the United States' response costs incurred at the National Oil Service Superfund site in West Haven, Connecticut, and two settling federal agencies must pay $988.56. 66 FR 50681 (10/4/01). 

  • United States v. Caribbean Airport Facilities, Inc., No. 01-2178 (JAG) (D.P.R. Sept. 5, 2001). Settling CWA defendants that discharged pollutants into U.S. waters in Carolina, Puerto Rico, and failed to comply with permits issued to them by the U.S. Army Corps of Engineers are enjoined from taking any actions that would discharge dredge or fill material into U.S. waters unless it is in compliance with a permit, must mitigate environmental harm caused by their past discharges, and must pay $300,000 in civil penalties. 66 FR 50682 (10/4/01). 

  • United States v. McDonald, No. 3:CV-01-0510 (M.D. Pa. Sept. 11, 2001). A settling CAA defendant that violated the asbestos NESHAP in Tannersville, Pennsylvania, must pay a $2,700 civil penalty and must take a training course that will familiarize him with the CAA and the asbestos NESHAP regulations. 66 FR 50682 (10/4/01). 

  • United States v. Cohen, No. 96 C 7801 (N.D. Ill. Sept. 19, 2001). A settling CERCLA defendant must pay $1.6 million in past U.S. response costs incurred in connection with the Standard Scrap Metal/Chicago International Exporting site in Chicago, Illinois, and a second defendant must pay $25,000 in past U.S. response costs. 66 FR 51477 (10/9/01). 

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

THE CONGRESS
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red bar graphic  CHAMBER ACTION



  • S. 1418 (appropriations; military construction), which would authorize appropriations for fiscal year 2002 for military construction, was passed by the Senate. 147 Cong. Rec. S10055 (daily ed. Oct. 2, 2001). 

  • S. 1419 (appropriations; DOD), which would authorize appropriations for fiscal year 2002 for DOD military activities, was passed by the Senate. 147 Cong. Rec. S10055 (daily ed. Oct. 2, 2001).

  • H.R. 1384 (national trails), which would amend the National Trails System Act to designate the route in Arizona and New Mexico that the Navajo and Mescalero Apache Indian tribes were forced to walk in 1863 and 1864 for study for potential addition to the National Trails System, was passed by the House. 147 Cong. Rec. H6096 (daily ed. Oct. 2, 2001). 

  • H.R. 2385 (land conveyance), which would convey certain property to the city of St. George, Utah, in order to provide for the protection and preservation of certain rare paleontological resources on that property, was passed by the House. 147 Cong. Rec. H6093 (daily ed. Oct. 2, 2001).

red bar graphic  COMMITTEE ACTION



  • S. 423 (Fort Clatsop National Memorial) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-69, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would amend the act entitled "An Act to provide for the establishment of Fort Clatsop National Memorial in the State of Oregon." 

  • S. 941 (Golden Gate National Recreation Area) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-70, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would revise the boundaries of the Golden Gate National Recreation Area in California and would extend the term of the advisory commission for the recreation area.

  • S. 1057 (Pu'uhonua o Honaunau National Historical Park) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-71, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would authorize the addition of lands to Pu'uhonua o Honaunau National Historical Park in Hawaii.

  • S. 1097 (Great Smoky Mountains National Park) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-72, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would authorize the Secretary of the Interior to issue right-of-way permits for natural gas pipelines within the boundary of the Great Smoky Mountains National Park.

  • S. 1105 (land acquisition) was reported by the Senate Committee on Energy and Natural Resource. S. Rep. No. 107-73, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would provide for the expeditious completion of the acquisition of state of Wyoming lands within the boundaries of Grand Teton National Park.

  • H.R. 146 (Great Falls Historic District) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-74, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would authorize the Secretary of the Interior to study the suitability and feasibility of designating the Great Falls Historic District in Paterson, New Jersey, as a unit of the National Park System.

  • H.R. 182 (wild and scenic rivers) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-75, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would amend the Wild and Scenic Rivers Act to designate a segment of the Eight Mile River in Connecticut for study for potential addition to the National Wild and Scenic Rivers System.

  • H.R. 1000 (William Howard Taft National Historic Site; land exchange) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 107-76, 147 Cong. Rec. S9971 (daily ed. Oct. 1, 2001). The bill would adjust the boundary of the William Howard Taft National Historic Site in Ohio to authorize an exchange of land in connection with the historic site.

  • H.R. 1384 (national trails) was reported by the House Committee on Resources. H. Rep. No. 107-222, 147 Cong. Rec. H6066 (daily ed. Sept. 28, 2001). The bill would amend the National Trails System Act to designate the Navajo Long Walk to Bosque Redondo as a national historic trail.

  • H.R. 1456 (land acquisition) was reported by the House Committee on Resources. H. Rep. No. 107-223, 146 Cong. Rec. H6066 (daily ed. Sept. 28, 2001). The bill would expand the boundary of the Booker T. Washington National Monument.

  • H.R. 1814 (national trails) was reported by the House Committee on Resources. H. Rep. No. 107-224, 146 Cong. Rec. H6066 (daily ed. Sept. 28, 2001). The bill would amend the National Trails System Act to designate the Metacomet-Monadnock-Sunapee-Mattabesett Trail extending through western New Hampshire, western Massachusetts, and central Connecticut for study for potential addition to the National Trails System.

  • H.R. 1989 (fisheries) was reported by the House Committee on Resources. H. Rep. No. 107-227, 147 Cong. Rec. H6259 (daily ed. Oct. 3, 2001). The bill would reauthorize various fishery conservation management programs.  

red bar graphic   BILLS INTRODUCED



  • S. 1480 (Bingaman, D-N.M.) (water resources) would amend the Reclamation Recreation Management Act of 1992 in order to provide for the security of dams, facilities, and resources under the jurisdiction of the Bureau of Reclamation. 147 Cong. Rec. S9972 (daily ed. Oct. 1, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1482 (Harkin, D-Iowa) (animal health) would consolidate and revise the authority of the Secretary of Agriculture relating to protection of animal health. 147 Cong. Rec. S10058 (daily ed. Oct. 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1495 (Smith, R-N.H.) (CERCLA) would amend CERCLA to modify provisions concerning the liability associated with a release or threatened release of recycled oil. 147 Cong. Rec. S10154 (daily ed. Oct. 3, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1497 (Hatch, R-Utah) (land conveyance) would convey certain property to the city of St. George, Utah, in order to provide for the protection and preservation of certain rare paleontological resources on that property. 147 Cong. Rec. S10154 (daily ed. Oct. 3, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1526 (Cleland, D-Ga.) (Arabia Mountain National Heritage Area) would establish the Arabia Mountain National Heritage Area in Georgia. 147 Cong. Rec. S10457 (daily ed. Oct. 10, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1527 (Enzi, R-Wyo.) (Food Security Act; environmental quality) would amend the Food Security Act of 1985 to extend and improve the environmental quality incentive program. 147 Cong. Rec. S10457 (daily ed. Oct. 10, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. 

  • H.R. 2974 (McGovern, D-Mass.) (paleontological resources) would provide for the protection of paleontological resources on federal lands, would promote the systematic compilation of baseline paleontological resource data, science-based decisionmaking, and accurate public education; provide for a unified management policy regarding paleontological resources on federal lands; promote legitimate public access to fossil resources on federal lands; and encourage informed stewardship of the resources through educational, recreational, and scientific use of the paleontological resources on federal lands. 147 Cong. Rec. H6135 (daily ed. Oct. 2, 2001). The bill was referred to the Committee on Resources.

  • H.R. 2990 (Hinjosa, D-Tex.) (water resources) would amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects under that Act. 147 Cong. Rec. H6136 (daily ed. Oct. 2, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3019 (Rangel, D-N.Y.) (fast-track trade negotiating) would provide fast-track trade negotiating authority to the President. 147 Cong. Rec. H6378 (daily ed. Oct. 4, 2001). The bill was referred to the Committees on Ways and Means, and Rules

  • H.R. 3037 (Pallone, D-N.J.) (electricity) would enhance the benefits of the national electric system by encouraging and supporting state programs for renewable energy sources, universal electric service, affordable electric service, and energy conservation and efficiency. 147 Cong. Rec. H6378 (daily ed. Oct. 4, 2001). The bill was referred to the Committee on Energy and Commerce.

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

IN THE STATES
large red bar graphic


red bar graphic ALABAMA


Dept. of Envtl. Management


Emergency Regulations-Solid Waste Management



  • Regulations, approved Oct. 9, available at www.adem.state.al.us/pands The regulations are necessary to clarify ADEM’s responsibilities and legal authority to issue permits for solid waste disposal facilities. A permit issued by ADEM for a landfill in Lowndes County was appealed to the Montgomery County Circuit Court last year. The court issued a stay of the permit on Nov. 29, 2000. In its ruling, the court stated that the permit should be stayed because ADEM had not adopted the State Solid Waste Management Plan as a regulation. ADEM took the position that it has no statutory authority to implement parts of the plan, and some of the plan’s recommendations have been ruled unconstitutional by the U.S. Supreme Court (e.g., flow control and differential disposal fees). In addition, ADEM has appealed the Circuit Court decision and concluded that it should not issue any solid waste disposal permits until the appeal was adjudicated, reasoning that the nature of the ruling had applicability to other solid waste permits. 

    Governor Don Siegelman, in a letter to the Environmental Management Commission Chairman Dr. Richard A. Thigpen, concluded that an emergency exists with reference to the issuance and reissuance of solid waste permits in the state. "If you adopt this emergency rule at your October 9, 2001 meeting, the rule will be in effect for 120 days, giving the court time to rule and bringing us into the new legislative session. If either the court or the legislature acts promptly, the situation will be resolved," Governor Siegelman wrote.

    ADEM will also pursue a final rulemaking regarding the State Solid Waste Management Plan.

    As of Sept. 29, some 58 solid waste permits around the state have expired and are pending renewal. Permit applications for two new landfills have also been received. 

Proposed Regulations-General Administration



Proposed Regulations-Drinking Water Quality




  • Proposed revisions to Division 7, Chapters 1, 2, 4, 8, 10, 11, 13, and Appendices A and D. Hearing Nov. 7; comments due Nov. 9. These amendments are being proposed to conform to recent changes to federal drinking water regulations. The proposed amendments: (1) modify monitoring requirements for lead and copper, (2) modify public notification requirements for water systems that incur drinking water violations, and (3) add a new category of water system that includes apartment complexes and trailer parks that purchase water from an existing water system and resell to their tenants. Specifically, 335-7-1 and 335-7-4 are being revised to add a new classification of water systems to be known as "Segmental Water System.". This class of water system will include apartment complexes and trailer parks that purchase water from a permitted public water system and submeter and resell the water to their tenets. The definition for "Segmental Water System" and "Consecutive Water System" has been added to 335-7-1 and the requirements for these types of systems has been added to 335-7-4. 335-7-2 is being revised in response to changes in the U.S. EPA's public notification rule. The major changes include requiring water systems to notify their customers within 24 hours of an acute maximum contaminant level (MCL) violation, 30 days for any non-acute MCL violation and to allow water systems to utilize their consumer confidence report for monitoring violations if they meet certain criteria. These changes also include minor revisions to the required content of the public notices. Rule 335-7-10 is being revised to include the requirement for water systems to develop a disinfection byproduct monitoring plan that was omitted the previous time that drinking water regulations were modified. 335-7-8 and 335-7-11 are being modified in response to changes in EPA’s lead and copper monitoring requirements. Water systems will be required to collect the minimum number of samples regardless of type of plumbing materials, samples can be invalidated and monitoring waivers can be given to systems that meet certain criteria. Some current reporting requirements are also being eliminated and water systems will be allowed to monitor every three years after completion of the initial monitoring requirements if lead and copper levels are low. The method for determining compliance with water quality parameters is also being modified. 335-7-13 is being modified to eliminate the maximum loan amount and to establish minimum load amounts for EPA direct funds and state bond funds. 335-7-14 is being modified to remove the appendixes from the chapter. The appendix is being modified to add the appendixes from 335-7-14 and in response to changes in EPA’s required language for public notifications for drinking water violations. See http://www.adem.state.al.us/EduInfo/Calendar/hearings/9drink.htm and http://www.adem.state.al.us/RegsPermit/PropRules/proprule.htm 


Proposed Regulations-Water Quality



  • ADEM proposes to revise Administrative Code Rule 335-6-10-.11 to establish nutrient water quality criteria for Lake Martin, Yates Lake, Thurlow Lake, Guntersville Lake, Wheeler Lake, Wilson Lake, Pickwick Lake, Little Bear Creek Lake, and Cedar Creek Lake and to revise the existing nutrient water quality criterion for Walter F. George Lake. ADEM also proposes to amend Rule 335-6-11-.02 to revise the water use classifications for the other stream segments identified above. The criteria establish allowable levels of chlorophyll a, which provides a measurement of the amount of algae in the water. Nutrients such as phosphorous and nitrogen are linked to the production of algae, which at excessive levels can cause depletion of dissolved oxygen and thereby impact fish and aquatic organisms. 

    Two segments of the Coosa River (from the Southern Railroad Bridge to Logan Martin Dam) are proposed for upgrades by adding the "Swimming and Other Whole Body Water-Contact Sports" classification. The Limited Warmwater Fishery classification is proposed for the following stream segments: Shirtee Creek (from Tallasseehatchee Creek to its source), Valley Creek (from Blue Creek to its source), Village Creek (from Bayview Lake Dam to its source), and Five Mile Creek (from Newfound Creek to Ketona). The Fish and Wildlife classification is proposed for Pepperell Branch (from Sougahatchee Creek to its source) and Valley Creek (from the head of backwater above Bankhead Lock and Dam to Blue Creek). 

    Other changes include more accurately identifying water body boundaries, correcting typographical errors, and adding common stream names. See www.adem.state.al.us/RegsPermit/PropRules/proprule.htm Hearing Oct. 30. See http://www.adem.state.al.us/RegsPermit/PropRules/hearing.htm 


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 on 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. Workshop Nov. 13. See http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm#agenda 



Proposed Regulations-Oil and Gas Drilling and Testing Operations




  • DEC has proposed regulations exempting portable oil and gas drilling and testing operations from needing permits if they comply with a new "permit by rule." This is a supplemental notice adding to the notice of proposed changes that was issued on Nov. 21, 2000 and the supplemental notice of proposed changes issued on Feb. 22, 2001. This supplemental notice is being issued because although the fees associated with the project were outlined in the proposed regulations, the fees were not mentioned in either notice of proposed changes. DEC will be accepting comment only on the fee portion of the project. If you submitted comments in either of the two previous comment periods, you do not need to comment again. Comments due Oct. 29. See http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm#exemptoilandgasdrilling  



Proposed Regulations-Air Quality 




  • Proposed changes to air quality control regulations, 18 AAC 52, and the State Air Quality Control Plan: Emissions Inspection and Maintenance, Requirements for Motor Vehicles. Comments due Oct. 26; hearings Oct. 23 and 24. The proposed changes include updating the I/M regulations and I/M Program Manual to incorporate federal changes to the on-board diagnostic (OBDII) portion of the I/M program. The proposed changes will remove the requirement for the paper part of the certificate of inspection beginning on Sept. 1, 2002, and provide for electronic vehicle registration renewal. In response to public comments, the department is proposing a change in the size of the white insert in the windshield sticker. DEC is also proposing to amend the State Air Quality Control Plan including incorporating the proposed changes in the regulations and to update the adoption by reference date for the State Air Quality Control Plan at 18 AAC 50.030. DEC is soliciting comments or proposals on ways to accommodate the concerns of owners of show and collector cars who may wish to avoid affixing a permanent windshield sticker to their vehicles. As proposed, the regulations do not allow for an exception. For any suggested proposal to be considered, the proposal must address the essential aspects of (1) a visual identification of a certificate of inspection or waiver; (2) an approach to avoiding misuse of a certificate of inspection or waiver; (3) a uniform sticker location that is readily visible to a law enforcement officer during a traffic stop; (4) a sticker location that would not increase the safety risk of law enforcement personnel while making a visual observation of the sticker; and (5) implementation of the proposal must not be cost prohibitive or require an increase in fees. See http://www.state.ak.us/local/akpages/ENV.CONSERV/title18/proposed/52pubcm.pdf and http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm#Regulation


red bar graphic  ARIZONA


Dept. of Envtl. Quality


Proposed Regulations-Hazardous Waste



  • The Arizona Department of Environmental Quality (ADEQ) is amending the state's hazardous waste rules to incorporate the text of federal regulations for the purpose of obtaining reauthorization of the state's hazardous waste management program by EPA. The state's hazardous waste rules are generally comprised of the federal regulations authorized by Subtitle C of RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984, which are incorporated by reference. The hazardous waste rules are well established and have been effective since 1984. This year's amendments cover changes in the federal regulations promulgated between July 2, 1999 and July 1, 2000. Hearing Nov. 14; comments due same date. See http://www.sosaz.com/aar/2001/39/contents.shtm 

Draft UST Program Policy for MTBE Investigation and Cleanup



  • The UST Program has drafted a policy for the implementation of the narrative aquifer water quality standard (AWQS) for methyl tertiary-butyl ether (MTBE). This policy was written to allow the UST Program the ability to assess leaking UST (LUST) sites for closure using a consistent method in the absence of a numeric AWQS or federal maximum contaminant level. This policy is only for use by the UST Program. Comments should be forwarded to Joseph Karl Drosendahl by Oct. 31, 2001 at ADEQ, UST Program Corrective Action Section, 3033 N. Central Ave., T-4014A, Phoenix, AZ 85012. See http://www.adeq.state.az.us/environ/waste/ust/download/mtbepolicy.pdf 

Stakeholder Meeting for Drywell General Permit Development 



Proposed Regulations-USTs



  • 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 was Oct. 12; comments due Oct. 19. See http://www.sosaz.com/aar/2001/34/contents.shtm and http://www.adeq.state.az.us/lead/osc/draftrules.html#USTankReportCorrective  

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 PM10 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-Proposed Regulations/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 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. Hearings Oct. 15 and 16; comments due Oct. 17. See http://www.adeq.state.az.us/lead/osc/draftrules.html and http://www.sosaz.com/aar/2001/37/contents.shtm 

  • Roadside Diesel Testing Pilot Program. The rule will implement a pilot program for roadside diesel testing
    according to Sections 10 and 19 of Chapter 371, Laws 2001 (HB2538). The pilot program would be implemented by contractors interested in participating in the permanent roadside diesel testing program under A.R.S. §49-542.06. Hearing Oct. 15, comments due Oct. 16. See http://www.sosaz.com/aar/2001/37/contents.shtm 

Safe Drinking Water Workshops Announced



Drinking Water-Monitoring Assistance Program Current, Proposed Fees



Voluntary Users of Tier 2 and Tier 3 Nonroad Diesel Equipment in Area A and Area B 



Development of an Aquifer Water Quality Standard for MTBE



Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



Current Air Quality Readings/Forecasts


red bar graphic ARKANSAS


Dept. of Environmental Quality


Proposed Regulations-Hazardous Waste




  • Proposed revisions to Regulation No. 23 (Hazardous Waste Management). The changes to Regulation No. 23 are based on federal revisions to hazardous waste management regulations enacted between Oct. 20, 1999, and May 16, 2001, and the addition of three abandoned hazardous substance sites to the Arkansas Remedial Action Trust Fund Priority List for investigation and cleanup. The three sites are: Baird Manufacturing Inc., Clarendon; Amity Lacquer Paint and Chemical Manufacturing Co., Amity; and Red River Aluminum, Stamps. The changes also include: U.S. EPA's decision to provide increased flexibility to facilities that manage low-level mixed waste and technologically enhanced naturally occurring and/or accelerator-produced radioactive material containing hazardous waste. Public hearing was Oct. 2; comments due Oct. 16. Comments may be submitted to reg-comment@adeq.state.ar.us 


Proposed Penalty Assessments




  • Comments due Nov. 10. CONSENT ADMINISTRATIVE ORDERS: Al Richards (Alrite Septic Tank Service), Alexander Water Division, $2,000 penalty; B B & B Construction Company, Inc., Hot Springs Mining Division, $250 penalty; C. J. Horner Company, Inc., Arkadelphia NPDES/Water Division, $2,000 penalty; Cooper Tire & Rubber Co., El Dorado Air Division, $6,667 penalty; Eaton Moery Environmental Services, Inc., Wynne Solid Waste Division, $15,000 penalty, Escrow $5,000; Edie Construction Company, Malvern Air Division, $250 penalty; Hillcrest Camshaft Service, Inc. (Original CAO) and (Amendment No. 1 to CAO), Little Rock Hazardous Waste Division, $16,125 penalty; International Paper Camden Mill, Camden NPDES/Water Division, no penalty; City of Marshall, Marshall NPDES/Water Division, $2,000 penalty; Minnesota Mining and Manufacturing Company (Amendment No. 1 to CAO), Little Rock NPDES/Water Division, no penalty; Pulaski County SID #221, Wrightsville NPDES/Water Division, no penalty; Ward's Asbestos Removal, Inc., North Little Rock Air Division, $675 penalty; Willamette Industries, Inc. (Amendment No. 2 to CAO), Malvern Air Division, no penalty. NOTICE OF VIOLATION: Falcon Jet Corporation (Dassault Falcon Jet Corporation), Little Rock Regulated Storage Tank Division, $500 penalty; D. B. Hill (D. B. Hill Contractor), Little Rock Regulated Storage Tank Division, $500 penalty; North Little Rock Water Department (Crystal Hill Pump Station), North Little Rock Regulated Storage Tank Division, $500 penalty; North Little Rock Water Department (Montgomery Pump Station), North Little Rock Regulated Storage Tank Division, $500 penalty. 

red bar graphic CALIFORNIA


Air Resources Board


Public Hearing to Consider Adoption and Amendment to the Vapor Recovery Certification and Test Procedure Regulations-Oct. 25



  • Since 1975, the ARB has adopted certification and test procedures for vapor recovery systems for gasoline dispensing facilities. These procedures require vapor recovery equipment manufacturers to demonstrate compliance with the applicable performance standards or specifications through operational and performance testing. The Board on Mar. 23, 2000, approved the enhanced vapor recovery (EVR) regulations, which represented substantial change to the vapor recovery certification program. The purpose of EVR was to seek additional emission reductions by increasing the stringency of performance standards and specifications, to improve the certification process by increasing the performance and reliability of vapor recovery equipment, and to re-evaluate currently certified systems. These new requirements will be phased in over the next several years to promote an orderly transition. See http://www.arb.ca.gov/regact/vrmth01/vrmth01.htm and http://www.arb.ca.gov/regact/vrmth01/Notice.htm 

Public Hearing to Consider Revisions to Voluntary Accelerated Vehicle Retirement Regulations-Oct. 25



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



  • Oct. 25. The objective of the Air Toxics "Hot Spots" Fee Regulation (Fee Regulation) is to recover the state's costs and, where necessary, assist the local air pollution control and air quality management districts (districts) in recovering the costs of implementing and administering the Air Toxics "Hot Spots" Information and Assessment Act. The fees assessed through this regulation are used to inventory air toxics emissions, prioritize facilities, prepare risk assessments, review risk assessments, notify the public of potential health risks from exposure to the emissions, and provide guidance to the facilities for reducing the potential risk from exposure to the emissions. The regulation specifically allocates the state's costs among the districts, and for 2001-2002, establishes facility fees for the five districts that have requested the ARB to adopt their facility fee schedules. The staff proposes amendments to the Fee Regulation that will recover approximately $900,000 in state costs to implement the Air Toxics "Hot Spots" Program in fiscal year 2001-2002. This represents more than an 80% reduction from fiscal year 1993-1994 in state revenues to implement and administer the program. This is a direct result of legislative changes to the Program, as well as changes that have streamlined the Program. The proposed amendments are summarized below.

    Adoption of New Fee Schedules for Fiscal Year 2001-2002

    The state portion of the fees has been revised to reflect the changes in the number of facilities per fee category in each district based on the current status of facility risk. This revision results in a decrease of $180,000 in fees that will be collected for fiscal year 2001-2002 from last year. Fee Schedules for five districts that have requested the ARB to include recovery of their district Program costs in the Fee Regulation were updated for fiscal year 2001-2002. These five districts are the Antelope Valley, Great Basin Unified, Lassen County, and Santa Barbara County Air Pollution Control Districts, and the Mojave Desert Air Quality Management District.

    Delegation of Annual Update of the Fee Regulation to ARB Executive Officer

    The staff is proposing that the Board delegate authority for the administration of the annual Air Toxics Hot Spots fee program to the Executive Officer of the ARB. This will convert the update of the annual State Program costs and collection of the fees into an annual administrative process beginning in fiscal year 2002-2003. The fees assessed in future years will use the current method of calculating the fees. This proposal will streamline the annual fee update and collection process, provide districts and facilities more time to collect, review, and update the toxic emission data used to estimate the fees, and allow more flexibility in administering the program. This will allow the staff to reduce the amount of resources needed to administer the fee program and to devote more resources towards the actual goals of the "Hot Spots" program. These goals include identifying the sources of toxic air pollution emissions in California and gaining a better understanding of the risks posed by toxic air pollutants. Information on the assessment, collection, and use of the fees will still be available to the public via an annual status report on the fee program.

    New Option for Recovery of District Program Costs

    A new method for recovering district program costs is being proposed for districts that do not adopt local Hot Spots fee regulations beginning in fiscal year 2002-2003. This proposed amendment will authorize such districts to recover district program costs up to, but not to exceed, the State Program cost on a per-facility basis, from facilities that are subject to the State Fee Regulation. An accounting of the district Program costs for districts using this provision will be included in the annual status report on the fee regulation.

See http://www.arb.ca.gov/regact/hotspots/01-02/01-02.htm and http://www.arb.ca.gov/regact/hotspots/01-02/Notice.htm 


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



  • Oct. 25. Heavy-duty diesel vehicles, with gross vehicle weight ratings (GVWR) of 14,001 pounds and greater, contribute a large portion of California’s inventory of several key air pollutants including NOx, reactive organic gases, and PM. On-road heavy-duty diesel vehicles are estimated to account for as much as 28% of the statewide mobile source NOx inventory and 16% of the statewide mobile source PM inventory in 2010. This is of particular concern due to the relatively small population of heavy-duty diesel vehicles. In addition to heavy-duty diesel-cycle engines, the proposal will apply to both natural gas fueled engines and liquefied petroleum gas fueled engines that are derived from the diesel-cycle engine, and to medium-duty diesel engines that certify using engine-based emission standards. The proposed standards are considered optional for medium-duty diesel vehicles since those vehicles may certify to either chassis-based or engine-based emission standards. Medium-duty diesel engines are those used in vehicles with a GVWR of 8,501 pounds to 14,000 pounds. Additionally, included in the inventory of heavy-duty diesel vehicles are motor homes and school buses. The proposal will not apply to heavy-duty spark-ignited (e.g., gasoline-fueled) engines and urban bus engines. Similar requirements for the spark-ignited engines are scheduled for consideration in 2002. More stringent urban bus engine emission standards were adopted in 2000. In addition, in-use diesel fuel standards similar to those adopted by U.S. EPA are currently being developed and scheduled for consideration in 2002. See http://www.arb.ca.gov/regact/HDDE2007/hdde2007.htm 

45-Day Notice of Public Hearing to Consider Amendments to Title 17 of the California Code of Regulations, Section 94006 - Defects Substantially Impairing the Effectiveness of Vapor Recovery Systems Used in Motor Fueling Operations



  • Hearing Nov. 15. See http://www.arb.ca.gov/regact/vrdef01/vrdef01.htm ARB is required to identify and list defects in the vapor recovery equipment that impair the effectiveness of the vapor recovery system in collecting the gasoline vapors. The list is contained in §94006, title 17, California Code of Regulations. Simply stated, the specified defects in the specified vapor recovery equipment components substantially increase emissions by not functioning as certified. Health and Safety Code §41960.2(c)(2) requires the ARB to periodically update the list contained in §94006 after reviewing the list at a public workshop. Previously, some of these equipment defects were listed in the individual executive orders. However, ARB staff believe that amending §94006 to include all of the defects in one regulatory document will enhance the ability of enforcement personnel and GDF operators to identify and repair those defects that could significantly impact the effectiveness of the vapor recovery system. When a component on the §94006 list is found by an inspector to contain a listed defect, the equipment must be removed from service until it has been replaced, repaired, or adjusted and reinspected by air pollution control district personnel (HSC §41960.2 (d)). If a component is not in good working order but does not contain a listed defect, the local air pollution control district has other enforcement options (HSC §41960.2(e)). Being on the list requires that the defective component be "tagged out" (removed from service).

45-Day Notice of Public Hearing to Consider Amendments to the Low-Emission Vehicle Regulations, including Particulate Standards for Gasoline Vehicles, More Stringent Emission Standards for Fuel-Fired Heaters, and Administrative Revisions



  • Hearing Nov. 15. See http://www.arb.ca.gov/regact/levii01/levii01.htm The new emission standards being proposed are:

    1. Establish a particulate matter (PM) standard for Otto-cycle vehicles. Currently, California requires only diesel vehicles to meet a PM emission standard, while U.S. EPA requires both diesel-cycle and Otto-cycle (gasoline) vehicles to meet a PM standard. While the health effects of PM emissions from gasoline vehicles have not been defined at this time, staff is proposing alignment with the federal standard to provide an additional measure of protection for public health. Therefore, staff is proposing that light- and medium-duty Otto-cycle vehicles be required to meet the same PM standard required for diesel-cycle vehicles to ensure that any new direct injection gasoline engines exhibit low PM emissions.

    2. ZEV fuel-fired heater requirements. The emission requirements for fuel-fired heaters used in ZEVs were first adopted in the original LEV I program. At that time, they were required to certify to the most stringent emission standard available, the ULEV standard. With the adoption of the LEV II regulations, the most stringent exhaust emission standard became the SULEV standard, which is 75% cleaner than the ULEV standard. Since allowing fuel-fired heaters used by ZEVs to emit at a level greater than a PZEV is inconsistent with the purpose of the ZEV program, staff is proposing that fuel-fired heaters certify to the SULEV standard. Furthermore, since fuel-fired heaters are not permitted to operate above 40F ambient temperature, manufacturers would be required to meet the emission standard at 40F rather than at 68F-86F as is now the case. The new standards would be effective beginning with model year 2005 to provide manufacturers with sufficient lead time to develop product plans.

    3. PZEV Alternative Fuel Vehicle Standards. Currently, a natural gas or alcohol bi-fuel, flexible fuel or dual-fuel vehicle may certify to two emission standards–the lower standard when operating on the alternative fuel and the next higher emission standard when operating on gasoline (e.g., the SULEV standard on compressed natural gas and ULEV on gasoline). As part of the LEV II rulemaking, the ZEV requirement was modified to allow a manufacturer to meet a portion of its ZEV obligation by producing extremely clean partial zero-emission vehicles (PZEVs). The granting of partial ZEV credits for PZEVs is premised on the assumption that PZEVs provide emission benefits beyond those achieved by vehicles certifying to the standard SULEV standard. Therefore, staff is proposing that any bi-fuel, flexible fuel, and dual-fuel vehicle that certifies to the PZEV standard must certify to the SULEV emission standard regardless of the fuel on which it is operated. If a manufacturer does not wish to earn partial ZEV credit from a bi-fuel, flexible fuel or dual-fuel vehicle certifying to the SULEV standard, then the manufacturer would still be allowed to certify to the ULEV standard when operating on gasoline.

 



  • The proposed administrative amendments include:

    1. Establishment of a non-methane organic gas (NMOG) certification factor. This proposal would allow a manufacturer to apply a factor of 1.04 to the measured non-methane hydrocarbons (NMHCs) in lieu of measuring carbonyls when determining compliance with the NMOG standards for gasoline and diesel vehicles. A manufacturer using the factor would also be allowed to demonstrate compliance with the formaldehyde emission standard by including a statement of compliance in their application for certification. Similar to the federal requirements, the statement must be based on previous emission tests, development tests, or other appropriate data.

    2. Extending the applicability of generic reactivity adjustment factors (RAFs). Compliance with the NMOG standard is determined by multiplying the measured NMOG emission level by the applicable RAF. The availability of RAFs, therefore, provides manufacturers with an incentive to produce clean alternative fuel vehicles. Manufacturers can use either the generic RAFs provided in the California light- and medium-duty vehicle test procedures, or generate their own test group specific RAFs. Currently, the RAFs contained in the California test procedures are effective only through the 2003 model year. Accordingly, staff is proposing to extend the generic RAFs indefinitely for alternative fuels. Beginning in the 2004 model year the generic RAF for gasoline–now 0.94–would be eliminated.

    3. Revisions to the emission offset requirements for AB 965 vehicles. Recognizing that manufacturers may be required to limit product selection because of the stricter California emission standards, in 1981 the California legislature enacted a statute that allows manufacturers to introduce dirtier federal vehicles in California as long as their emissions are offset by cleaner California vehicles. In response to this directive, the Board adopted "Guidelines for Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California" (AB 965 Guidelines) in June 1982. The staff proposes amendments to these guidelines to calculate available emission credits based on each manufacturer’s fleet average NMOG level compared to the required fleet average NMOG level.

    4. Implement additional intermediate in-use compliance standards. Even though a manufacturer must certify a vehicle to a set of 50,000 and 120,000 mile standards, the LEV II regulations establish slightly less stringent in-use standards for vehicles certifying to LEV II, ULEV II, and SULEV standards for the first three years that a new model is introduced. This was done to provide manufacturers with a temporary in-use compliance margin when they first introduce vehicles to the new standards. Currently, there are no intermediate in-use standards for light-duty trucks engineered for heavier duty cycles that have a base payload capacity of 2,500 lbs. or higher or for vehicles certified to the optional 150,000 mile standards for LEV, ULEV, or SULEV. Accordingly, staff is proposing that intermediate in-use standards be added for these emission categories, equal in stringency to the existing intermediate in-use standards for other emission categories.

    5. Proposed revisions to the California NMOG test procedures. Because of innovations and advancements in the measurement of automotive exhaust, the NMOG test procedures have periodically been updated to reflect these improvements. The staff is proposing a number of additional technical revisions. The most notable proposed amendments would change the maximum incremental reactivity (MIR) values for the various organic compounds found in NMOG. The proposed new values reflect the new MIR values which the ARB recently adopted in a rulemaking on consumer products. 

45-Day Notice of Public Hearing to Consider the Adoption of a Regulation to Establish a Distributed Generation Certification Program



  • Hearing Nov. 15. See http://www.arb.ca.gov/regact/dg01/dg01.htm After Jan. 1, 2003, new electrical generation units to be sold, leased, or used in California, and that are exempt from district’s permit requirements, must be certified by the ARB to defined emission standards. The ARB staff will assist the manufacturers with determining exemption levels for each district. If a proposed unit is subject to the district’s permit requirements, it need not be certified by the ARB before it is sold, leased, or operated in that district. Equipment operating before Jan. 1, 2003, will not be subject to the proposed standards.

    The proposed regulatory action also includes labeling requirements, testing procedures, record keeping requirements, recertification requirements and payment of fees for technologies subject to the certification program. In accordance with Government Code §§11345.3(c) and 11346.5(a)(11), the ARB’s Executive Officer has found that the recordkeeping and reporting requirements of the proposed regulation are necessary for the health, safety, and welfare of the people of the state. Lastly, the proposed regulatory action provides for the denial, suspension, or revocation of certificates and creates an administrative appeals process for review of denials, suspensions, or revocations of certificates issued under the program. The types of technologies that will be subject to the emission standards include microturbines, reformer-based fuel cells, small reciprocating engines, external combustion engines, or any combination thereof.

Bay Area Ozone Attainment Plan; Hearing Set for Nov. 1 



  • Was postponed due to Board concerns about inadequate public notice and participation. See http://www.arb.ca.gov/sip/basip01.htm In anticipation of the Bay Area agencies adopting the Plan, ARB has set a hearing on the Plan for 6:00 p.m. on Nov. 1, 2001 in the Elihu Harris Building, 1515 Clay Street, Oakland. The Plan is a revision to the California SIP and includes updated emissions inventories; an assessment of the emissions reductions needed to attain the ozone standard by 2006; a control strategy; a new transportation conformity budget; and contingency measures.

Clean Air Plan (CAP) Implementation Schedule



  • One of the goals of the CAP is to define the new state and federal measures needed to attain the federal one-hour ozone standard in the San Joaquin Valley and to identify strategies to achieve a portion of ARB's existing long-term commitment in the ozone SIP for the South Coast. The expected benefits from the strategies in the working draft of the CAP make further progress on the long-term obligations for South Coast, but fall far short of the reductions needed for the San Joaquin Valley. In response, ARB staff is reassessing potential emission reduction opportunities in all source categories through regulations, incentives, and voluntary programs. See http://www.arb.ca.gov/planning/caplan/schedule.htm 

Advanced Variance/Hearing Board Workshop



Voluntary Accelerated Vehicle Retirement Proposed Reglation Update-Draft Regulations



Dept. of Toxic Substances Control


Department Receives Additional RCRA Authorization



Denova Environmental Fined $2,494,318: Department Revokes Facility Authorization to Operate



Schools Hazardous Waste Collection, Consolidation, and Accumulation Facility PBR Authorization Regulations -45-Day Public Notice and Comment Period



Emergency Regulations-Cathode Ray Tubes



Notice of Public Workshops for Portable Tank Regulations



Guidance Document Availability



Draft Public Participation Policy Manual



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



Integrated Waste Management Board


Emergency Regulations-Rigid Plastic Packaging Container Recycling Rates 



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/  

Final Regulations-Insurance as a Financial Assurance Demonstration



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 directed staff to initiate a 45-day public comment period. See http://www.ciwmb.ca.gov/Rulemaking/Putrescible/  

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--45-Day Rulemaking Period



  • 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. The comment period runs from Sept. 28 through Nov. 11. 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


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


Draft Hazard Identification Documents for Allyl Isovalerate and N-Carboxymethyl-n-nitrosoure



Final Technical Support Document for a Public Health Goal for Simazine in Drinking Water



OEHHA Lists 5 Toxic Air Contaminants of Concern for Children



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



South Coast Air Quality Management District


Final Regulations-Amended Rule 1122--Solvent Degreasers



  • The amendments will reduce emissions of smog-forming volatile organic compounds (VOCs) some 3.2 tons per day when fully effective in 2006. (The rule reduces the maximum VOC content of solvents used from 50 grams/liter to 25 grams/liter.) The changes also will require use of airless/air-tight systems when using toxic solvents beginning in 2003, resulting in a toxic emissions reduction of 0.81 tons per day. SCAQMD staff will perform a technology assessment in 2005 to reaffirm the feasibility of the 2006 VOC limit for vapor degreasers. See http://www.aqmd.gov 

Proposed Amended Rule 1421-Control of Perchloroethylene Emissions from Dry Cleaning Operations



  • Public meetings Oct. 17 and 25. Based on extensive comments, staff is in the process of revising the  proposal. The original (2000) proposal required new facilities (those commencing operation after the rule’s date of adoption) to use non-perc alternatives. It also transitioned perc machines to only those with primary and secondary controls after Jan.1, 2006. The original proposal also substituted the non-perc alternatives for all affected dry cleaners after Jan. 1, 2011. The overall air quality objective of this proposal is to reduce the public’s exposure to the toxic air contaminant perc. The proposed changes to the original proposal would extend the time period for the use of existing perc dry cleaning equipment and allow a transition period before new equipment would be required to use non-perc alternatives. See http://www.aqmd.gov/pub_edu/pcn_par1421.html 

Public Meeting-Funding for Lower-Emission School Bus Replacement and Retrofit Program for FY 2001-02 



  • Oct. 17. To reduce emissions from high emitting older school buses, the Governor allocated $50 million to the Air Resources Board (CARB) in Fiscal Year 2000-01 for the implementation of the Lower-Emission School Bus Program. The South Coast AQMD received $5,637,000 for the retrofit, and $16,250,000 for the school bus replacement elements of the program by the CARB. With an augmentation of $1.66 million to the school bus replacement fund from the South Coast AQMD, a total of 102 natural gas and 67 lower-emitting diesel buses were awarded to 27 public school districts and one joint power authority from a pool of 46 applicants. 

    New funding in the amount of $16 million has been appropriated in the Fiscal Year 2001-02 State Budget for the second year implementation of the Lower-Emission School Bus Program. The South Coast AQMD will be receiving $5,310,000 for the school bus replacement and $1,770,000 for the retrofit elements of the program. The school bus replacement funding will be augmented with a 10% local match by the South Coast AQMD. Issues to be discussed will include the procedures used to award buses last year, the status and impact of Rule 1195, and potential enhancements to the methodology for the replacement and retrofit programs.

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. See http://www.aqmd.gov/pub_edu/pcn_par401.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. See http://www.aqmd.gov/pub_edu/nph102.html 

Proposed Amendments to Rule 1124-Aerospace Assembly Component Manufacturing Operations



  • 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


Oct. 18 Meeting Agenda



Rulemaking Hearings



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 

  • Dec. 10 hearing regarding new ground water quality classifications and standards proposed by the Colorado Oil and Gas Conservation Commission, Regulation #42 (5 CCR 1002-42). See http://www.cdphe.state.co.us/op/wqcc/0112OGCCgwq.pdf 

red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Proposed Regulations-Water Quality-General Permit for the Discharge of Nitrogen from Publicly Owned Treatment Works (POTWs)




  • All POTWs identified in the general permit will be required to treat for the removal of nitrogen to meet an annual nitrogen mass loading limit consistent with the individual wasteload allocations established in the TMDL or purchase equivalent nitrogen credits in accordance with the Nitrogen Credit Exchange Program established pursuant to Public Act 01-180. The annual effluent limit for each POTW shall decrease each year over the term of the permit. This permit covers all areas of the State of Connecticut and contains an individual nitrogen discharge limit specific to the following POTWs and municipalities served by these POTWs: Ansonia; Beacon Falls; Branford; Bridgeport (East); Bridgeport (West); Bristol; Canton; Cheshire; Cromwell (Mattabasset); Danbury; Derby; East Hampton; East Hartford (MDC); East Windsor; Enfield; Fairfield; Farmington; Glastonbury; Greenwich; Griswold (Jewett City); Groton City; Groton Town; Hartford (MDC); Killingly; Ledyard; Litchfield; Manchester; Mansfield (University of Connecticut); Meriden; Middletown; Milford (Beaver Brook); Milford (Housatonic); Montville; Naugatuck (Treatment Co.); New Canaan; New Haven (East Shore); New London; New Milford; Newtown; Norfolk; North Canaan; North Haven; Norwalk; Norwich; Plainfield (North); Plainfield (Village); Plainville; Plymouth; Portland; Putnam; Ridgefield (South St.); Rocky Hill (MDC); Salisbury; Seymour; Shelton; Simsbury; South Windsor; Southbury (Training School); Southington; Sprague; Stafford Springs; Stamford; Stonington (Borough); Stonington (Mystic); Stonington (Pawcatuck); Stratford; Suffield; Thomaston; Thompson; Torrington; Vernon; Wallingford; Waterbury; West Haven; Westport; Windham; Windsor Locks; Windsor (Poquonock MDC); and Winsted. Public hearing Oct. 24. See http://dep.state.ct.us/wtr/ncp/pngp.htm (notice) and http://dep.state.ct.us/wtr/ncp/ndrgp.pdf (proposed permit)


Compost Erosion Control Study



Permit Hearings-Calendar


red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection



Draft General Water Quality Permit-Animal Feeding Operations



  • Generic Permit for Animal Feeding Operations 62-621.300. Generic permits for certain animal feeding operations that will provide state groundwater and NPDES surface water discharge permit coverage for qualifying facilities as applicable. The generic permit is intended to streamline the existing permitting process for animal feeding operations. Poultry, dairy, swine, and other animal feeding operations that may impact ground or surface waters of the state and that may be subject to permitting by DEP will be affected. The Department will be taking public input on the types of animal feeding operations that may be affected, the size of the operations, and operational practices. Rule development workshop Oct. 30. Contact: Vincent Seibold, P.E., Industrial Wastewater Section Administrator, 2600 Blair Stone Road, M.S. #3545, Tallahassee, Florida 32399-2400, (850) 488-4522.

Everglades Forever Act Implementation



  • Nov. 1-2,  9:00 a.m., Sheraton West Palm Beach, 630 Clearwater Park Road, West Palm Beach, FL, (561) 833-1234. To discuss revisions to Rules 62-302.530 and 62-302.540, F.A.C., pertaining to the establishment of a phosphorus water quality criterion for the Everglades Protection Area pursuant to the Everglades Forever Act.

Southwest Florida Water Management District


Proposed Regulations-Environmental Resource Permits (Mining)



  • In 1996, the Governing Board initiated rulemaking to repeal Chapter 40D-45, F.A.C., Surface Water Management For Mining Materials Other Than Phosphate. During the repeal process, in 1999, the Legislature amended Section 120.536, F.S., requiring agencies to submit a list to the Joint Administrative Procedures Committee the rules that the agencies had determined exceeded their rulemaking authority. The District listed Chapter 40D-45, F.A.C. in its entirety. Because no authorizing legislation was enacted by the 2000 Legislature, the District was again required to begin proceedings to repeal Chapter 40D-45, F.A.C. During this second repeal process district staff has been working with representatives of the mining industry to address some of their concerns regarding the regulation of mines under the environmental resource permitting (ERP) rules. District staff and the representatives of the mining interests have developed several proposed amendments of the ERP rules that address the industry’s concerns while ensuring consistency with the ERP rules as required by subsection 373.414(9), F.S. Staff has discussed the proposed revisions with the Florida DEP and the other water management districts. A public workshop will be scheduled.

red bar graphicGEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Proposed Regulations-Hazardous Waste



  • The proposed rule amendments include revisions to Rules -.07 “Identification and Listing of Hazardous Waste”; -.10 “Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities”; -.11 “Hazardous Waste Facility Permits”; -.16 “Land Disposal Restrictions.” Hearing Oct. 30; comments due same date. See http://www.ganet.org/dnr/environ/ 

Permit Applications



  • Available at http://www.ganet.org/dnr/environ

  • APAC Georgia, Inc., air permit application. Hearing Oct. 16 at the Jackson Public Library located at 379 Old Pendergrass Road, Jefferson, Georgia 30549. The purpose of this meeting will be to receive comments on the proposed air quality permit application for the construction of an asphalt plant by APAC-Georgia, Inc. in Jefferson, Georgia.

  • Public meeting and hearing will be held at 7:00 p.m. on Oct. 23, 2001 at the following address: Sandersville Regional Technical College, 1189 Deepstep Road, Sandersville, GA 31082. Concerns Duke Energy’s application for a permit to construct and operate eight simple cycle combustion turbines at the following location: 1600 Mills Lindsey School Road, Warthen. 

red bar graphicHAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphicIDAHO


Department of Envtl. Quality


Outstanding Resource Waters-Petitions



Pending Permit Applications


red bar graphicILLINOIS


Pollution Control Board (PCB)


Proposed Regulations




  • In the Matter of: Enhanced Vehicle Inspection and Maintanence (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240.191-240.193. Rulemaking proposal filed by IEPA 8/20/01; Proposal for public comment adopted 8/23/01; Illinois Register publication 9/7/01. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14412/html In Illinois, two areas do not meet the NAAQS for ozone: (1) the Chicago metropolitan nonattainment area, which is a severe nonattainment area; and (2) the Metro-East St. Louis nonattainment area, which is a moderate nonattainment area. Under Illinois’ Vehicle Emissions Inspection Law of 1995 (Vehicle Emissions Law (625 ILCS 5/13B-1 et seq. (2000)), the agency has proposed, and the Board has adopted, as amendments to 35 Ill. Adm. Code 240, an enhanced I/M program for these two nonattainment areas. See Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240 (July 8, 1998), R98-24; (Dec. 1, 1994), R94-20; (Dec. 1, 1994), R94-19. The agency currently proposes to further amend the enhanced I/M program. 



  • The PCB is considering a proposal by IEPA to update and clarify rules and to make some substantive changes to the Site Remediation Program (SRP). Hearings have been held concerning In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code 740 (R01-27). The Board is also considering a proposal submitted by Citizens for a Better Environment (R01-29), which has been consolidated with R01-027. In R01-27 there are two proposed substantive changes to the SRP. The first is establishment of "soil management zones" that would be used for on-site placement of contaminated soils for structural fill or land reclamation, consolidation of contaminated soils within the remediation site, and removal and re-deposit of contaminated soils following on-site treatment. The second change would require that chemical analyses of soil and groundwater samples be performed by accredited laboratories. In R01-29 the Citizens for a Better Environment are calling for additional public hearing, recordkeeping, and reporting requirements on all SRP sites intended to be used as schools. The original proposal would have applied to all SRP sites intended to be used as a school, playground, or public park; however, it was amended following questions at the first public hearing. The Board tentatively plans to move these rulemakings to first notice in the coming months. See http://www.ipcb.state.il.us/RULES/R01-027/HearingRecords.htm and http://www.ipcb.state.il.us/RULES/R01-029/HearingRecords.htm.  



  • In the Matter of: UIC Corrections, U.S. EPA Amendments (July 1, 1999, through June 30, 2000)–Adopted Rule, Final Order, Opinion and Order issued Aug. 9. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14327/html 



  • In the Matter of: Wastewater Pretreatment Update, U.S. EPA Amendments (July 1, 2000, through Dec. 31, 2000)–Adopted Rule, Final Order, Opinion and Order issued Aug. 9. 



  • In the Matter of: Proposed Regulated Recharge Area for Pleasant Valley Public Water District, Proposed Amendments to 35 Ill. Adm. Code Part 617–The Board July 26 adopted a final opinion and order in this rulemaking to amend the Board’s public water supply regulations to establish the first regulated recharge area under section 17.3 of the Act (415 ILCS 5/17.3 (2000)). See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14272/html



  • In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO): 35 Ill. Adm. Code 742 (MTBE)–The Board July 26 adopted a final opinion and order in this matter to amend the standards for tiered approach to corrective action objectives (35 Ill. Adm. Code 742). On Sept. 6, the Board adopted a first notice opinion and order in this rulemaking. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/Get/File-14492 



  • In the Matter of: Proposed MTBE Groundwater Quality Standards Amendments: 35 Ill. Adm. Code 620– Proposed Rule, First Notice, Opinion, and Order issued July 26. On Sept. 6, the Board adopted a first notice opinion and order in this rulemaking to amend the Board’s public water supply regulations. See http://www.ipcb.state.il.us/Meeting/agenda.htm 



  • In the Matter of: Provisional Variances from Water Temperature Standards: Proposed New 35 Ill. Adm. Code 301.109. See http://www.ipcb.state.il.us/rules/proposal.htm  



  • In the Matter of: Amendments to Livestock Waste Regulations: 35 Ill. Adm. Code 506–The Board on Sept. 6 adopted a second notice opinion and order in this rulemaking to amend the livestock waste regulations. The Part 506 amendments seek accomplish two objectives. First, the rules delete provisions from Part 506 that are now superseded by the Department of Agriculture's Part 900 rules. Several sections of Subparts A-C are deleted, and Subparts D-G are deleted in their entirety. The Board did not receive any comment regarding the deleted language; thus, those changes are not discussed in this opinion. Second, the rules establish or enhance new design and construction standards for livestock waste lagoons and livestock waste handling facilities other than lagoons (Subparts B and C). Subpart A sets forth general provisions applicable to Part 506. Section 506.101 refers to §§506.201 and 506.301 for the applicability of these amendments to new facilities, and requires the public to use Part 506 in conjunction with the Dept. of Ag.’s Part 900 rules. Section 506.103 defines terms used in Part 506, and §506.104 lists the documents incorporated by reference into the proposal. The proposal prescribes procedures for requesting alternatives, modifications, and waivers to the new design and construction standards in §506.106. Subpart B establishes or enhances design and construction standards for livestock waste lagoons. These standards apply to designs not approved prior to the effective date of these amendments (§506.201). The site investigation requires determining the presence of aquifer material, and determining whether the lagoon will be located in a floodway, floodplain, or karst area (§506.202). Sections 506.204 and 506.205 specify lagoon design and liner standards. Groundwater monitoring requirements operate in conjunction with the Dept. of Ag.’s Part 900 rules (§506.206). The proposal establishes new standards for constructing lagoons in karst and flood fringe areas (§§506.207, 506.208). Section 506.210 establishes new requirements for secondary containment features. Subpart C establishes design and construction standards for livestock waste handling facilities other than lagoons. These standards apply to designs not approved prior to the effective date of these amendments (§506.301). The site investigation requires determining the presence of aquifer material, and determining whether the livestock waste handling facility will be located in a floodway, floodplain, or karst area (§506.302). The proposal prescribes waste storage volume requirements in §506.303. Section 506.304 specifies general design and construction standards. Additional standards are established for concrete, metal, earthen material, synthetic material, and wooden material (§§506.305-506.309). The proposal includes new standards for constructing livestock waste handling facilities in areas with shallow aquifer material, flood fringe areas, and karst areas (§§506.310-506.312). Board adopted Second Notice 09/06/01; Rulemaking scheduled for 10/16/01 JCAR meeting. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14449/html 



  • In the Matter of: SDWA Update, USEPA Amendments (July 1, 2000, through Dec. 31, 2000; Radionuclides)–The Board June 21 adopted a proposal for public comment in this “identical-in-substance” rulemaking to amend the Board’s public water supply regulations. Illinois Register publication July 13, 2001. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14152/html 



  • In the Matter of: Petition of Rhodia, Inc. and Thorn Creek Basin Sanitary District for an Adjusted Standard from 35 Ill. Adm. Code 302.208 and 304.105–The Board July 26 found the petition deficient in this request for an adjusted standard involving a Cook County facility, and ordered petitioner to file an amended petition to cure deficiencies no later than Sept. 14, 2001, or the petition would be subject to dismissal. 



  • In the Matter of: Petition of Dixon Marquette Cement Company for an Adjusted Standard from 35 Ill. Adm. Code Parts 811 & 814–The Board July 26 granted parties a motion for leave to file a response instanter and for extension of time to file a reply to the response. 



  • Proposed revisions to the nondegradation rules (In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm. Code 302.105, 303.205, 303.206 and 106.990-106.995). The proposed revisions are part of the triennial water quality standards review. Included in the proposal is changing the rules’ name to Antidegradation to conform with federal rules. The Board adopted a first notice opinion and order June 21. See http://www.ipcb.state.il.us/RULES/R01-013/HearingRecords.htm and   http://www.ipcb.state.il.us/RULES/106prop.pdf and http://www.ipcb.state.il.us/Meeting/minutes.htm  



  • In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2000, through Dec. 31, 2000). Proposal for Public Comments adopted May 17, 2001; Illinois Register publication June 1, 2001. Board adopted Final Order Aug. 8, 2001. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14323/html 



  • In the Matter of: Provisional Variances from Water Temperature Standards: Proposed New 35 Ill. Adm. Code 301.109–The Board Sept. 6 granted the Illinois Environmental Protection Agency’s motion to withdraw its Apr. 13, 2001, proposal and closed this docket.    


Open Regulatory Dockets


red bar graphic  INDIANA


Dept. of Envtl. Management


Final Regulations-Air Quality



  • Amends 326 IAC 2-3-1, 326 IAC 2-3-2, and 326 IAC 2-3-3 for incorporating nitrogen oxide emission threshold revisions and pollution control project exemptions. Adds 326 IAC 10-3 for the control of nitrogen oxide emissions from specific source categories. Adds 326 IAC 10-4 for the establishment of a nitrogen oxides budget trading program.

  • 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.

  • IDEM is soliciting public comment on amendments to rules for the application of biosolids, industrial waste products, and pollutant-bearing water in 327 IAC 6.1. The purpose of this rule change is to amend and clarify sections of the article that are creating problems for the regulated community and IDEM staff. 

  • IDEM is soliciting public comment on amendments to 327 IAC 8-2 concerning interim enhanced surface water treatment, disinfectants/disinfection byproducts, and filter backwash. 

  • IDEM has developed draft rule language to amend rules concerning water quality standards by incorporating wetland water quality standards and to add a new article to establish procedures and criteria for reviewing federally permitted or licensed activities that require a water quality certification under §401 of the federal Clean Water Act (CWA). These activities include those regulated by the U.S. Army Corps of Engineers under §404 of the CWA and by the Federal Energy Regulatory Commission, such as licenses for hydroelectric facilities. Also included in the new article are procedures and criteria for issuing a state surface water modification permit for wetlands not regulated under §401 of the CWA but that are, nonetheless, waters of the state. 

Proposed Regulations-Solid Waste Management



  • Proposal amends and readopts under IC 13-14-9.5: 329 IAC 1-1, 329 IAC 12-2, and 329 IAC 13-3. This rulemaking is required pursuant to IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of IC 13 and was in effect on Dec. 31, 1995, expires not later than Jan.1, 2002. All rules adopted after that date under IC 13-14-9, with some exceptions listed in IC13-14-9.5-1, expire on Jan.1 of the seventh year after the year in which each rule takes effect. The First Notice of Comment Period and Continuation of First Notice of Comment Period opened all rules required to be opened in Title 329 for readoption, regardless of their initial effective date. Other comments received were included and considered within other currently existing rulemakings. (See Summary/Response To Comments from the First Comment Period, 24 IR 169). 

  • 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, §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 C.F.R. pt. 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/October-1-2001.html 


Pending Permit Applications


red bar graphicIOWA


Environmental Protection Commission


Proposed Regulations-Manure Management Plans




  • Would amend Chapter 65, “Animal Feeding Operations,” Iowa Admin. Code. This proposed amendment addresses the subject of five public hearings held across the state during Dec. 2000, pursuant to a Notice of Intended Action published in the Iowa Administrative Bulletin on Nov. 15, 2000, as ARC 0278B. On June 19, 2000, the Commission voted to deny a petition for rulemaking filed by 16 Iowa legislators urging the preconstruction filing of manure management plans for confinement feeding operations that did not need construction permits, but directed that the Animal Agriculture Consulting Organization be consulted and that public hearings be held to seek input. The proposed amendment would require the owner of a planned confinement feeding operation, who is not a permit applicant but who still must file a manure management plan, to file the plan at least 30 days prior to initiating construction. Under this proposal, the manure management plan must include documentation that the plan has been filed with the county where the operation is located and information pertaining to separation distances and ownership/management of other nearby operations. Comments due Oct. 17. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010919.html 


Final Regulations-Water Quality




  • The amendments as adopted by the EPC on Aug. 20 establish the Class A (primary contact recreation) use designations for eight waterbodies or waterbody segments; establish a Class C (drinking water supply) use designation for Mystic Reservoir (Appanoose County); and establish numerical criteria for endosulfan, bromoform, chlorodibromomethane, chloroform, and dichlorobromomethane. Comments were received from 36 persons and organizations and a petition was received with 48 signatures. One respondent, the Iowa Environmental Council, endorsed all the changes while the remainder objected to one or more changes. Most objected to the removal of the drainage ditch maintenance exemption to the antidegradation policy. The only difference between the adopted amendments and the proposed amendments as published for comment is the proposed change to the antidegradation policy. The Commission did not take any action to remove, as proposed, or to otherwise revise a provision in the antidegradation policy that exempts the repair and maintenance of drainage district ditches from the policy. The Commission directed Department staff to have the Water Quality Standards Technical Advisory Committee address this provision and make recommendations for future rule revisions. These amendments are intended to implement Iowa Code chapter 455B, division III, part 1 and will become effective Oct. 24. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010919.html 


Final Regulations-Animal Feeding Operations




  • Amends Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code. The amendment incorporates by reference the Concentrated Animal Feeding Operation Registration Program as set forth in Environmental Protection Division Policy Procedure No. 5–b–15. Effective Oct. 24. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010919.html 


Final Regulations-Sanitary Disposal Projects




  • Amends Chapter 102, “Permits,” Iowa Administrative Code. This amendment implements Iowa Code §455B.306(6)“d” to require sanitary disposal projects to file an Emergency Response and Remedial Action
    Plan (ERRAP) in conjunction with the issuance, renewal, or reissuance of a permit for a sanitary disposal project. That provision of the Iowa Code had not been previously implemented. The amendment adopts new rule 102.16(455B), which provides guidance and direction on development of an ERRAP. The technical committee of the Iowa Society of Solid Waste Operations (ISOSWO) provided assistance in development of the rule. Effective Oct. 24. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010919.html 

red bar graphic  KANSAS


Department of Health & Environment, Division of Environment


KDHE "Kansas Environmental News"


red bar graphicKENTUCKY


Natural Resources and Environmental Protection Cabinet, Division for Air Quality


NOx SIP Call Budget Demonstration and Initial Source Allocations



Proposed Amendments-Parts 61-63




  • Hearing Nov. 29 regarding amendments to 401 KAR 57:002, 40 C.F.R. Part 61 national emission standards for hazardous air pollutants; 401 KAR 60:005, 40 C.F.R. Part 60 standards of performance for new stationary sources; 401 KAR 63:002, 40 C.F.R. Part 63 national emission standards for hazardous air pollutants for sources categories. See http://www.nr.state.ky.us/nrepc/dep/daq/pubinfo/calendar.html


Permit Applications/Hearing Notices 



Natural Resources and Environmental Protection Cabinet, Division of Water


Permit Applications



Proposed Regulations-Concentrated Animal Feeding Operations



Proposed, Draft TMDLs



Department of Agriculture


Proposed Regulations-302 KAR 20:052. Domestic livestock, poultry and fish composting




  • Will amend 302 KAR 20:052 to set forth the definitions related to animal carcass composting, the process for acquiring a facility permit, the requirements for a permitted facility, and the process by which animal carcasses are to be composted. A public hearing to receive oral and written comments has been scheduled for Monday, Oct. 22, at 9 a.m. in the Conference Room, Department of Agriculture, 7th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601. The public hearing will be held if: (1) it is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and (2) a minimum of 5 persons, or the administrative body or association agree, in writing, to be present at the public hearing. If a request for a public hearing is not received from the required number of people at least 10 days prior to Oct. 22, the public hearing will be canceled. Persons wishing to request a public hearing should mail their written request to the following address: Mark Farrow, General Counsel, Kentucky Department of Agriculture, 7th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, phone: (502) 564-4696, ext. 224, fax: (502) 564-2133.

red bar graphicLOUISIANA


Department of Environmental Quality


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



Withdrawal of Proposed Rule AQ219, Control of Emissions of Organic Compounds-Calcasieu Parish Area 



Proposed Regulations-Air Quality-Revisions to the State Implementation Plan (SIP) for Baton Rouge 



 




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



Draft Five-Year Strategic Plan



Proposed TMDLs



Permit Applications


red bar graphic MAINE


Department of Envtl. Protection


Proposed Regulations-Air Quality




  • DEP is proposing to amend Ch. 127 to reflect changes to the California LEV II program to include heavy-duty diesel new engine standards for vehicles having a gross manufacturer's weight over 14,000 pounds. This amended rule would add standards for new diesel engines referred to as Not-To-Exceed (NTE) and Euro III European Stationary Cycle (ESC) emission test procedures for on-road heavy-duty diesel engines. In addition, the Department is proposing to adopt the latest California heavy-duty gasoline engine standards that align certain California standards with the more recent Tier 2 federal standards. Some of these include setting a NOx fleet average requirement rather than a non-methane Organic Gas (NMOG) fleet average. Hearing Nov. 1; comments due Nov. 13. See http://www.state.me.us/sos/cec/rcn/apa/notices/101001.htm 


Proposed Regulations-Wetlands




  • The Department is proposing amendments to Ch. 305 Permit by Rule Standards and Ch. 310 Wetland Protection Rules in response to a legislative resolve of the Second Regular Session of the 119th Legislature that directed the DEP and the Land Use Regulation Commission to adopt consistent rules regarding the cutting and removal of vegetation adjacent to protected natural resources. The DEP has developed possible amendments to the Natural Resources Protection Act that would regulate the clearing and removal of vegetation for development purposes adjacent to protected natural resources. While these proposed law changes are not part of this rulemaking, they are the basis for the proposed rule amendments. The proposed amendments to Ch. 305 Permit by Rule Standards (PBR) primarily involve Section 2 "Soil Disturbance" and include a requirement that applicants submit plans with the PBR Notification Form that demonstrate a need to clear or remove vegetation or otherwise develop the areas within 75 feet of protected natural resources. The proposed amendments to Ch. 310 Wetland Protection Rules add "rivers, streams, and brooks" as protected natural resources subject to the rule. This chapter is applicable to some projects affecting freshwater wetlands and most projects needing a full or individual permit from the DEP. Concurrently, the Land Use Regulation Commission (LURC) is seeking public comment on proposed amendments to its clearing for development standards, and related changes to its standards for mineral exploration and extraction, filling and grading, and timber harvesting, all of which are located in §10.17 of LURC rules. The LURC rule changes are tentatively scheduled for public hearing Oct.17 in Greenville. Persons interested in those proposed changes should contact Fred Todd at LURC at (207) 287-4932 or by e-mail at fred.todd@state.me.us


Proposed Regulations-Water Quality




  • Ch. 585, Dissolved Oxygen Requirements for Rivers and Streams. This rule does three things. First, it adopts federally required dissolved oxygen criteria for the support of indigenous fish. Second, the rule clarifies the procedures for identifying and designating fish spawning areas in the wastewater discharge licensing process. Third, the rule specifies that compliance with dissolved oxygen levels will not be measured in the bottom waters of certain riverine impoundments. Upon adoption, the proposed rule will repeal and replace the existing Ch. 585 rule titled "Identification of Fish Spawning Areas and Designation of Salmonid Spawning Areas." Hearing Nov. 1; comments due Nov. 30. See http://www.state.me.us/sos/cec/rcn/apa/notices/101001.htm 


Final Regulations-Air Quality




  • Ch. 519, Interim Effluent Limitations and Controls for the Discharge of Mercury. Originally approved in Feb. 2000, Ch. 519 establishes procedures for setting interim effluent limits and controls for the discharge of mercury to surface waters of the state. Consistent with provisions of law applicable at the time, the original Ch. 519 expired on Oct. 1, 2001. A change in the law enacted by the 120th Legislature continues the need for interim controls for mercury after Oct. 1. Consistent with the new law, an amendment to Ch. 519, adopted on Sept. 6, 2001, eliminates the sunset provision from the original rule. Effective Oct. 6. 



  • 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 (NESHAPs). The chapters are applicable statewide. The CAA Amendments of 1990 offer states the option of accepting delegation for NSPS and NESHAPs 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  



  • Ch. 100, Definitions Regulation (Amendments); Ch. 115, Major and Minor Source Air Emission License Regulations (Amendments); Ch. 140, Part 70 Air Emission License Regulations (Amendments). The Department has amended Ch. 100, 115, and 140 of the Department's regulations to address remaining requirements for federal approval of Maine's Title V Operating Permit Program. These changes include enhancing EPA and public participation review process for minor license revisions, incorporating provisions in Ch. 140 whereby a facility may make changes with a simple 7-day advance notice if the changes do not result in an increase in emissions, removing. certain activities from the list of insignificant (exempt) activities contained in Appendix B to Ch. 115 and Ch. 140, incorporating the latest federal air quality modeling requirements, and amending the Ch. 100 definitions to include definitions consistent with federal requirements for the construction or reconstruction of hazardous air pollutant sources and maximum available control technology determinations. The amendments also establish provisions in Ch. 115 and Ch. 140 requiring an applicant to notify federal land managers of all major modifications or new major source license applications and provide at least 30 days for comment. Effective Sept. 22. 


Final Regulations-Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law, Ch. 375.9, Buffer Strips




  • To ensure consistency between regulatory programs, the proposed rule eliminates the discrepancies between gravel pit performance standards. Specifically, the rule repeals the gravel pit buffer standards required under the Site Location Law and replaces them with the buffer standards contained in the Performance Standards for Excavations, 38 MRSA §490-D. Effective Sept. 22. 


Department of Conservation, Land Use Regulation Commission


Proposed Regulations-Ch. 10, Clearing of Vegetation




  • The Maine Land Use Regulation Commission is seeking public comment on proposed amendments to its clearing for development standards, §10.17,A(2), and related changes to its standards for mineral exploration and extraction (§10.17,A(3)), filling and grading (§10.17,A(6)) and timber harvesting (§10.17,A(5)). The purpose of these proposed rules changes is principally to respond to a legislative resolve of the Second Regular Session of the 119th Legislature that directed the Land Use Regulation Commission and the DEP to adopt consistent rules regarding the cutting and removal of vegetation adjacent to protected resources. The Commission is further proposing to amend other rules that are inconsistent with the clearing standards. Concurrently, the DEP is proposing revisions to the Natural Resources Protection Act and rules to make those provisions consistent with changes proposed by the Commission and current provisions of the Shoreland Zoning Act and guidelines. The DEP statutory and rule changes are tentatively scheduled for public hearing Oct.18 in Augusta. Persons interested in those proposed changes should contact Mike Mullen at the DEP at (207) 287-4728 or by e-mail at mike.mullen@state.me.us

red bar graphic MARYLAND


Department 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 graphic MASSACHUSETTS


Department of Envtl. Protection


Proposed Regulations-Air Quality




  • Nov. 13 hearing on proposed amendments to 310 CMR 7.40, The Massachusetts Low Emission Vehicle (LEV) Program. The purpose of the public hearing is to solicit comments on the proposed amendments to 310 CMR 7.40, which would require "Not-to-Exceed" (NTE) testing and California certification of all new model year 2005 and subsequent model year heavy-duty diesel engines prior to being sold or registered in Massachusetts. The proposed amendments to 310 CMR 7.40 would also align the Massachusetts LEV program with recent revisions to the California LEV program regulations (Title 13 of the California Code of Regulations). See http://www.state.ma.us/dep/bwp/daqc/files/lev/hearing.htm and http://www.state.ma.us/dep/bwp/daqc/daqcpubs.htm#lev 


Proposed Amendments-Municipal Waste Combustor Regulation




  • On Apr. 30, 2001, the Department signed a Settlement Agreement on a lawsuit brought by two municipal waste combustor owners and the Integrated Waste Services Association. As part of the Settlement Agreement, the Department agreed to propose amendments to the 1998 rule. The Department published a notice and held hearings on the proposed amendments on Sept. 5 and 6, 2001. The hearings were held in Lakeville, Worcester, Wilmington, and Boston. One amendment would establish when DEP can initiate enforcement action once a facility has applied for a limited waiver of the mercury emission limit; another amendment would require DEP to comply with the procedural requirements of M.G.L. c. 30A before Municipal Waste Combustor facilities are required to add new toxics or toxic precursors to their material separation plans; and other amendments to clarify regulatory language. Due to a procedural defect, the Department is holding another public hearing on the proposed amendments. In addition to any comments resulting from this hearing, the Department will consider the comments received at the earlier hearings in its final decision on these amendments. The public hearing will be held in the Second Floor Conference Room, One Winter Street, Boston, MA on Oct. 26 at 10:00 a.m. Copies of the hearing package are available either from the Department’s web site, http://www.state.ma.us/DEP or Donald Squires at (617) 292 5618. See also http://www.state.ma.us/dep/bwp/dswm/dswmpubs.htm#mwcsum and http://www.state.ma.us/dep/bwp/dswm/files/mwcagnot.htm 


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



Testing and Reporting Requirements Guidance for Facilities Applying Under 310 CMR 7.28 "NOx Allowance Trading Program"



Guidelines for Private Drinking Water Wells



Enforcement Actions


red bar graphic  MICHIGAN


Dept. of Envtl. Quality


New Address, Location



  • The Michigan Department of Environmental Quality (DEQ) is relocating in downtown Lansing. Starting Nov. 6 and ending Feb.14, 2002, all of the various DEQ divisions will relocate their administrative offices in phases to one new location at 525 W. Allegan Street in downtown Lansing. The new building will be called "Constitution Hall"–it sits on the site where the state’s 1963 Constitution was drafted. Approximately 920 DEQ employees will have their offices there. All telephone numbers, including fax numbers, will remain the same except for: (a) Geological Survey and (b) Drinking Water and Radiological Protection, which will receive new telephone and fax numbers. For mailing purposes, specific Post Office Box numbers will remain the same.

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 Department intends to develop a proposed revision to the Air Pollution Control Rules (ORR 2001-072EQ). The proposed amendment to R336.1122(f) for the definition of volatile organic compound will delete references to photochemical reactivity and vapor pressure of materials in surface coatings to make the definition as stringent as the federal definition. Information Contact: Jerald Trautman, Air Quality Division, 517-335-4855, or E-mail at trautmaj@state.mi.us

  • 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.

  • Pursuant to Act 451, the Air Quality Division is operating a work group to assist in the revision of rules regulating the New Source Review (NSR) program for rules packages 2000-077EQ and 2000-078EQ. The proposed NSR rule revisions will address program approval issues raised by the U.S. EPA, findings of the Office of the Auditor General, and possible new exemptions from the requirement to obtain a Permit to Install. The eighteenth work group meeting will be held Oct. 9 at 9:30 a.m. in the AQD Conference Room, Hollister Building, 4th Floor, 106 West Allegan Street, Lansing Michigan. Information Contact: Jerald Trautman, Air Quality Division, 517-335-4855, or e-mail at trautmaj@state.mi.us.  

Proposed Regulations-Water Quality



  • DEQ, Surface Water Quality Division, will conduct a public hearing Oct. 24 on proposed water quality trading rules pursuant to Part 31, Water Resources Protection, Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), R 323.3001 to R 323.3025. This hearing is being held to meet the procedural requirement that rules be transmitted to the Joint Committee of Administrative Rules within one year of the public hearing date. The proposed rules being public noticed for a third public hearing include changes that have been made in response to public comments received between Jan. 31, 2000, and June 14, 2000. These rules propose to establish a voluntary, statewide water quality trading program that will facilitate implementation of the federal Clean Water Act and provide market-based incentives to improve water quality. The public hearing will be held in the G. Mennen Williams Building Auditorium, 525 W. Ottawa Street, Lansing, Michigan. Copies of the proposed rules are available for inspection at all Surface Water Quality Division offices and at http://www.deq.state.mi.us/swq 

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/ 

Final Regulations-Oil Spills



  • Part 5, Spillage of Oil and Polluting Materials, administrative rules. The Office of Regulatory Reform filed the rules, denoted by ORR 1996-161EQ, with the Office of the Great Seal on Aug. 23, 2001, and the rules are effective as of Aug. 31, 2001. The rules are available via the Waste Management Division’s web page at www.deq.state.mi.us/wmd or directly from the Waste Management Division’s Lansing Office. 

Permitting Calendar-Pending Permit Applications; Consent Orders  



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Permit Applications, Other Notices



Minnesota 2001-2005 Nonpoint Source Management Plan



red bar graphic  MISSOURI


Department of Natural Resources


Proposed Regulations-Sand and Gravel Operations





  • Division 40—Land Reclamation Commission, Chapter 10—Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations. This rule is being amended in order to add requirements to the permit applications for in-stream sand and gravel mining operations that will comply with standards designed to protect the stream environment and adjacent properties from damage. Comments due Oct. 17. See http://mosl.sos.state.mo.us/moreg/2001/v26n18/v26n18b.pdf 


 

Proposed Regulations-Drinking Water Quality




  •  Division 60-Public Drinking Water Program; 10 CSR 60-7.020 Reporting Requirements for Lead and Copper Monitoring; 10 CSR 60-10.040 Prohibition of Lead Pipes, Lead Pipe Fittings and Lead Solder and Flux; 10 CSR 60-15.020 Applicability of Corrosion Control Treatment Steps to Small, Medium-Size and Large Water Systems; 10 CSR 60-15.030 Description of Corrosion Control Treatment Requirements; 10 CSR 60-15.050 Lead Service Line Replacement Requirements; 10 CSR 60-15.060 Public Education and Supplemental Monitoring Requirements; 10 CSR 60-15.070 Monitoring Requirements for Lead and Copper in Tap Water; 10 CSR 60-15.080 Monitoring Requirements for Water Quality Parameters; 10 CSR 60-15.090 Monitoring Requirements for Lead and Copper in Source Water. This amendment adopts changes to the federal rules published in the Jan. 12, 2000, and June 30, 1994, Federal Registers. These changes are required in order to maintain delegation of the federal program. Public hearing Oct. 17; comments due Nov. 15. See http://mosl.sos.state.mo.us/moreg/2001/v26n18/v26n18b.pdf 


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


Department of Envtl. Quality


Proposed Regulations-Water Quality



Proposed Regulations-Air Quality



Final Regulations-Air Quality



Permit Application, Public Comment Notices


red bar graphic NEBRASKA


Department of Envtl. Quality


Proposed Regulations-General



DEQ Air Quality Program Workshops To Be Held Across State



Comprehensive Study Of Water Quality Monitoring; LB1234 Phase II Report


red bar graphic NEVADA


State Environmental Commission


Final Regulations




  • Were approved at Sept. 18 hearing. 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 Dec. 5, 2000, or on May 10, 2001. These temporary regulations expire Nov. 1, 2001, and were 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 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 JERSEY


Department 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 and 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 were 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



Environmental Improvement Board Agenda




  • For Oct. 12 meeting. New Mexico Environment Department's petition to amend 20.2.72 NMAC - Construction Permits, 20.2.73 NMAC - Notice of Intent and Emissions Inventory, 20.2.77 NMAC - New Source Performance Standards, 20.2.78 - Emission Standards for Hazardous Air Pollutants, and 20.2.87 - Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants. EIB 01-02(R); New Mexico Environment Department, Radiation Control Bureau's petition to amend part 5 of the New Mexico Radiation protection regulations -20.3.5 NMAC, Radiation Safety Requirements for Industrial Radiographic Operations. See http://www.nmenv.state.nm.us/public_meeting_hearing.htm 


Proposed TMDLs


 


 



 




  • For the San Francisco and Gila watersheds, including the following draft TMDL waterbodies: Centerfire Creek (plant nutrients), San Francisco River (plant nutrients), Whitewater Creek (aluminum), Mangas Creek (plant nutrients), Canyon Creek (plant nutrients and turbidity), and Sapillo Creek (turbidity and total organic carbon). The draft de-list letter is for Sapillo Creek  (biological impairment). Comments were due Sept. 28, but comments will be accepted at a Nov. 13 meeting of the Water Quality Control Commission. See http://www.nmenv.state.nm.us/OOTS/Public%20Notices/Gila%20SanFransisco%20Pub%20Notic.PDF and http://www.nmenv.state.nm.us/swqb/swqb.html


  red bar graphic  NEW YORK


Department of Envtl. Conservation


Clean Water State Revolving Fund (CWSRF) for Water Pollution Control; Final FFY 2002 Intended Use Plan (IUP)



  • The IUP includes a list of projects that could receive low interest financing between Oct.1, 2001 and Sept. 30, 2002. New projects may be added to the IUP Annual and Multi-Year Project Priority Lists as they are identified by municipalities interested in CWSRF financing. Notification of additions to the Project Priority Lists will be made through quarterly updates to the final IUP.

Emergency Regulations-Radioactive Waste Disposal 



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

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 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


Legislature


Underground Storage Tank Cleanup Contractor Legislation Enacted



  • H.B. 1063 requires contractors to abide by cleanup schedule, cost criteria. Legislation also contains provisions related to wetlands preservation. See http://www.ncga.state.nc.us  

Department 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 Sept. 2000, the CRC is revising its land use planning guidelines (Subchapter 07B). The revised guidelines aim to improve the quality of local plans by better supporting the purposes and goals of CAMA. 

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


Proposed Regulations-Sewage Sludge Management



  • Ohio EPA will hold two public hearings on the proposed rules Oct. 23 at Ohio EPA's Central Office, conference room 5A, Lazarus Government Center, 122 South Front Street, Columbus. Sessions will begin at 2 and 7 p.m., and end when all comments have been heard. The proposed rules establish requirements for: sewage sludge disposal at sanitary landfills; sewage sludge storage lagoons; the transfer of sewage sludge to another facility; and prohibiting sewage sludge surface disposal. Under the proposed rules, the director would have authority to establish standards for volume, weight, quality, and pollutant concentration of sewage sludge, and the manner and frequency of sludge management. 

    The proposed permit rules would regulate disposal, use, storage, and treatment of sewage sludge, which is the solid material left over from the wastewater treatment process. Sludge can be landfilled, incinerated, or applied to the land for agronomic benefit. The proposal includes requirements to authorize a land application site. Land application of sewage sludge would require posted notices on land where sludge is to be applied. Authorization for land application would be revoked for repeated nuisance odors. 

    On Mar. 17, 2000, Ohio House Bill (HB) 197 went into effect, giving Ohio EPA authority to manage a sewage sludge program. The bill directs Ohio EPA to write rules that reasonably protect public health and the environment, encourage beneficial reuse, and minimize the creation of nuisance odors. The proposed rules were created to follow the requirements set up in HB 197. While Ohio EPA had a sludge management program in place prior to HB 197, the agency did not have permitting or compliance authority. Once rules are in place to implement this authority, Ohio EPA will seek delegation of the federal sludge management program in Ohio, currently under the authority of U.S. EPA. 

    Copies of the proposed sewage sludge rules are available at Ohio EPA's Division of Surface Water by contacting Chris Bowman at (614) 644-2134, or at http://www.epa.state.oh.us/dsw/rules/draftrules.html.  Written comments can be mailed to Ohio EPA, Division of Surface Water, Lazarus Government
    Center, Attention: Chris Bowman, P.O. Box 1049, Columbus, Ohio 43216-1049, or e-mailed to chris.bowman@epa.state.oh.us.  All comments received by Oct. 30 will be considered.

Proposed Regulations-Water Quality



  • Ohio EPA has proposed changes in rules governing water quality standards, and is accepting written public comments through Nov. 5. In addition, a public hearing will be held in two sessions Oct. 29, to take verbal comments on the rules. The proposed changes would change or create beneficial use designations for 185 water body segments in 14 drainage basins including: Hocking, Scioto, Grand, Maumee, Sandusky, Little Miami, Huron, Rocky, Chagrin, Portage, Muskingum, Mahoning, Cuyahoga, Black, Vermillion, and Wabash Rivers and Fields Brook (Ashtabula River); Little Beaver and Mill Creeks; and Central Ohio, Southeast Ohio, and Southwest Ohio tributary basins. The proposed changes also convert the rules from appendix format to text format. 

    Water quality standards are state rules that protect lakes, rivers, streams, and other surface water bodies from pollution. The rules contain beneficial use designations that are water quality goals for water bodies; uses include aquatic life habitats, recreation, and water supplies. Specific water quality criteria are associated with each beneficial use. Together, the uses and criteria may be the basis for pollutant limits in wastewater discharge permits. 

    State and federal laws require Ohio EPA to periodically update the water quality standard rules to reflect the latest scientific information. Ohio EPA has new information that supports making the proposed changes. The new information came from water body sampling conducted by Ohio EPA scientists. This sampling includes a scientific assessment of the biological condition of the waterbody and evaluations of habitat and water quality. This data is used to determine the present health and uses of water bodies and predict the potential health and use of water bodies if more pollution controls are imposed. 

    Public hearings will be held in Columbus and will begin at 3 p.m. and 7 p.m. on Monday, Oct. 29, at Ohio EPA's Central Office, conference room 5A, Lazarus Government Center, 122 South Front Street, Columbus. All interested parties can present written or verbal comments on the proposed revision of the rules. Written comments may be provided to the presiding officers at the hearings, or mailed to Ohio EPA, Attention: Chris Skalski, Ohio EPA Division of Surface Water, P.O. Box 1049, Columbus, Ohio 43216-1049, by the close of business, Nov. 5. 

    Copies of the proposed rules and supporting documentation are available on Ohio EPA's Web site at http://www.epa.state.oh.us/dsw/rules/draftrules.html,  or by contacting Chris Skalski at (614) 644-2144, or writing to the address above. Proposed rules also are available for inspection at Ohio EPA's district offices in
    Twinsburg, Bowling Green, Logan, Dayton and Columbus. 

Ohio EPA Responds to Portions of U.S. EPA Program Review



  • Ohio EPA submitted its response to U.S. EPA's draft program review report covering surface water, solid waste, and hazardous waste. The state's response to the air portion of the draft report will be submitted later this month. U.S. EPA released its draft report on Sept. 4, and provided 30 days for Ohio EPA to comment. On Sept. 28, Ohio EPA received approximately 200 pages of additional information from U.S. EPA related to their review of the state air program. Ohio EPA requested an additional 15 work days to review that information before finalizing a response to that part of the report. The information submitted to U.S. EPA,  including a brief executive summary, is posted on Ohio EPA's Web site at http://www.epa.state.oh.us/dir/ohresp.html. When the air report response is completed, it will be added to the Web site. 

    Ohio EPA's preliminary response to the draft federal report, including air issues, is available at http://www.epa.state.oh.us/pic/nr/2001/sept/usepa.html

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


DEQ Levies Penalties Totaling $98,820 During September



Proposed Regulations-Water Quality



Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


Proposed Regulations-Air Quality-Heavy Duty Diesel Emissions Control Program



  • Comments due Nov. 9. The proposed rulemaking establishes a new heavy-duty diesel emissions control program designed to primarily reduce emissions of carbon monoxide, oxides of nitrogen, volatile organic compounds, particulate matter, and air toxics from new heavy-duty diesel engines and trucks. The proposed amendments adopt and incorporate by reference certain requirements of the California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Year Heavy-Duty Engines and Vehicles as authorized under section 177 of the Clean Air Act (42 U.S.C.A. §7507). See http://www.pabulletin.com/secure/data/vol31/31-35/1600.html 

Proposed Regulations-Safe Drinking Water Amendments (CCR & PN Rules)



  • Comments due Nov. 7. The amendments include new requirements for community water systems to prepare and provide to their customers an annual consumer confidence report, major revisions to the public notification requirements, minor revisions to the regulation of lead and copper to improve implementation, and minor revisions to Chapter 109 to retain primary enforcement authority (primacy) and to clarify existing requirements. See http://www.pabulletin.com/secure/data/vol31/31-36/1640.html 

Acceptance of applications for Technical Assistance Grants through the Growing Greener Program



Temporary Emergency Permit Modifications; Municipal Waste Processing and Disposal Facilities



  • The DEP has modified municipal waste processing and disposal facility permits on an emergency and temporary basis, as necessary, to manage the municipal waste backlogs and demolition waste generated by the terrorist attacks of Sept.11, in order to prevent a public health or environmental emergency. These modifications are limited to the temporary extension of operating hours, operating days, and increases in maximum and average daily volume at the facilities and were made in response to written request by the permittee.

NPDES Permit Applications



Draft Technical Guidance



Approved Wetland Replacement Projects 


red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Draft Environmental Equity Policy



Upcoming Events



Draft TMDL


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

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 that 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. Will be submitted to Board Oct. 11. 



  • 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. Will be submitted to Board Oct. 11. 



  • 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 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 was Sept. 24; comments were due same date. 


Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Proposed Regulations-Hazardous Waste



  • Hearing Oct. 17; comments due Oct. 31. This rulemaking includes multiple and various additions, deletions, and modifications to Rule Chapter 1200-1-11 Hazardous Waste Management. Many of these changes are proposed in response to revisions and additions published in Federal Registers that the U.S. EPA made between Nov. 8, 2000, and July 3, 2001, to the corresponding federal Regulations. These amendments are intended to make the state’s regulations equivalent to their federal counterparts. They include certain technical corrections, definitions, housekeeping changes, clarifications, reference changes, typos, and other corrections. Two wastes, K174 and K175, generated by the chlorinated aliphatics industry are being listed as hazardous and prohibited from land disposal. Generators are being required to treat PCBs if the total concentration of halogenated organic compounds in the soil equals or exceeds 1,000 parts per million (ppm). A PCB treatment requirement is being temporarily deferred under certain conditions. Certain court vacated parameter limits of baghouses and electrostatic precipitators and the Notice of Intent to Comply provisions relating to the standards for hazardous waste combustors are being removed. The amount of dual regulation of certain low-level mixed wastes and technologically enhanced naturally occurring and or accelerator-produced radioactive material containing hazardous waste is being reduced. Both are also being exempted from hazardous waste manifest, transportation, and disposal requirements when certain conditions are met. Certain improvements to the implementation of the emission standards of Hazardous Waste Combustors are being made. Housekeeping amendments include clarification of the Used Oil Program certification requirements and language, the Farmer exemption, and certain used oil transporter requirements. Certain Hazardous Waste Program public notice and meeting requirements are being clarified. Two Permit Modification Classes are being changed. Rules pertaining to the requirements for waste streams conglomerating (mixing) in a pipe going to an on-site treatment facility or to a POTW are also being clarified. The Closure and/or Post closure Insurance financial assurance document is being modified and the Corrective Action Activity fees are also being clarified. See http://www.state.tn.us/environment/swm/swmppo/vnotice.htm 

Proposed Regulation-General NPDES Permit for Discharges of Storm Water and Process Waste Water Associated with Ready Mixed Concrete Plants



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





Board Meeting Agendas, Schedules



Permit Applications



Report-Development of Regionally-Based Interpretations of Tennessee’s Narrative Nutrient Criterion



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 (NOI) 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 

Proposed Regulations-Miscellaneous



  • HB 3121: Ad Valorem Tex Exemptions. HB 3121 amends §11.31 of the Texas Tax Code by requiring that the Commission adopt rules establishing specific standards for determining property qualifying for tax exemption. In addition, HB 3121 provides for notice to the affected appraisal district of an application and Executive Director decision, plus authorizes appeals to the Commission. Hearing Oct. 23; comments due Oct. 29. See http://www.tnrcc.state.tx.us/oprd/hearings/01045017_phn.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01045017_pro.pdf 

  • HB 2912 Art 4: Compliance History Definition; Chapter 281, Applications Processing. Adds a new chapter or subchapter, Compliance History, where all information related to compliance history would be located. This rulemaking covers only the definition potion of the compliance history issue, which has been divided into two parts, definition and use. Hearing Nov. 12; comments due same date. See http://www.tnrcc.state.tx.us/oprd/hearings/01070060_phn.pdf (notice) and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01070060_pro.pdf (proposal)

  • HB 2912 Art 3.07: Public Health Services Fee Equity Issues. House Bill (HB) 2912, 77th Legislature, 2001 mandates the Commission to consider equity in the establishment of the public health drinking water fee rates. The proposed amendment to this chapter is intended to consider equity while generating overall revenue at the current revenue stream. The revenue generated from the new fee assessment does not exceed the amount appropriated by the legislature for fiscal year (FY) 2002, nor is it greater than the revenue generated under the previous assessment in FY 2001. Hearing Nov. 8; comments due Nov. 12. See http://www.tnrcc.state.tx.us/oprd/hearings/01099290_phn.pdf (notice) and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01099290_pro.pdf (proposal)

  • SB 688: Direct Referral Requirements. Rules to address the direct referral requirements of SB 688: applications are to be referred directly to the State Office of Administrative Hearings for a contested case hearing upon request by the applicant or the executive director; and the commission by rule shall provide for public comment. Rule must be effective by Jan. 1, 2002. Hearing Oct. 25; comments due Oct. 29. See http://www.tnrcc.state.tx.us/oprd/hearings/01028b055_phn.pdf 

  • HB 2912, SB 2 and SB 1339: CAFO Rules. Relating to water quality permit applications for certain facilities located near a sole-source drinking water supply. Hearings Oct. 23, 25; comments due Oct. 29. See http://www.tnrcc.state.tx.us/oprd/hearings/01041321_phn.pdf (notice) and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01041321_pro.pdf (proposal)

  • HB 3111(HB 2912, Art 18.04): Occupational lic./reg.; HB 2912; Art 7- Water Treatment; Art 8- Irrigators/Disposal: Quad Review of 290 A: Operator Certification. This rulemaking implements HB 3111 and HB 2912, Art. 7, Art 8 and Art. 18, relating to occupational licences and registrations issued by the TNRCC. This rulemaking would also incorporate the Quad review of Chapter 290, Subchapter A and incorporate federal rulemaking in 40 CFR Part 60 (65 Fed. Reg. 75338 (Dec. 1, 2000))-Liscensing of incinerator units.  A new chapter, 30 TAC Chapter 30, Occupational Licenses and Registrations, would be created. Changes are reflected in chapters 30, 285, 290, 325, 330, and 334. Public hearing Oct. 11; comments due Oct. 18. See http://www.tnrcc.state.tx.us/oprd/hearings/01044325_phn.pdf 

Permit Hearings



Public Hearings/Proposed Rule Tracking Log



Implementation of Laws Passed During the 77th Texas Legislative Session


red bar graphic  UTAH


Department of Envtl. Quality


Permit Applications


red bar graphic VERMONT


Department of Envtl. Conservation


Proposed Regulations-On-Site Wastewater and Water Supply



Watershed Grant Applications 



  • Applications for funding under the Vermont Watershed Grants for project year 2002 are being accepted through Oct. 26. Watershed Grants are funded through the sales of the Vermont Conservation License Plates. Since 1998, 73 grants ranging from $250 to $7,250 have been awarded to community-based watershed projects. Activities including river or lake monitoring, re-establishment of vegetated buffers, educational projects, water quality or habitat restoration, developing public access, and land conservation are eligible for funding. Application information and forms are available by calling the Water Quality Division at (802) 241-3777. For more information, contact Susan Warren at (802) 241-3794.

Vermont Solid Waste Plan



  • The Legislative Committee on Administrative Rules has given final approval to the revised Vermont Solid Waste Management Plan. The plan, available at http://www.anr.state.vt.us/dec/wmd.htm, will have an effective date of Nov. 1; the 18-month clock for municipalities and districts to submit complete implementation plans will start on that date.  For further information about the solid waste plan, contact Andrea Cohen at (802) 241-2368.

Permit Applications


red bar graphic VIRGINIA


Department of Envtl. Quality


Public Meeting, Hearing Notices; Other Regulatory Notices



TMDL Development


red bar graphic  WASHINGTON


Department of Ecology


2001 Legislative Implementation Plan



Final Regulations-Air Quality



Proposed Regulations



State Environmental Policy Act Register; Miscellaneous


red bar graphic WEST VIRGINIA


Department of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)



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

red bar graphic WISCONSIN


Dept. of Natural Resources


Proposed Regulations-Underground Injection Wells



  • Public hearings Oct. 17, 18, and 24 regarding revisions to sections NR 600.03 and 600.04 and the creation of ch. NR 815, Wis. Adm. Code, relating to the control of underground injection wells. Proposed ch. NR 18 has been developed in response to new federal rules for Class V injection wells that went into effect on Apr. 5, 2000. The new regulations expanded the definition of an injection well, prohibited the construction or use of a large-capacity cesspool, and prohibited the disposal of waste fluids from the repair or maintenance of motorized vehicles via an injection well. For more information, contact Richard Roth at (608) 266-2438.

Proposed Regulations-Shore Erosion



  • Public hearings Oct. 15, 16, and 17 on the creation of ch. NR 328, Wis. Adm. Code, relating to permanent breakwaters for control of shore erosion. Several of Wisconsin’s large inland flowages exhibit systemic problems related to water level management. One of the most severe problems is loss of their adjacent wetlands. The purpose of the subchapter is to establish when deposits of material constitute structures (as opposed to fill) for the purpose of controlling shore erosion and to set criteria for determining when structures will be authorized under s. 30.12, Stats.

Air Rules Development



Public Hearing and Meeting Schedule



red bar graphic WYOMING


Dept. of Environmental Quality


NPDES Permit Applications



Draft, Proposed Regulations



  • Draft water quality amendments available at http://deq.state.wy.us/wqd/events/10695-doc.pdf 

  • Changes to rules on identification of interests, placement of spoil outside the mined-out area, self-bonding; permit revisions, incremental bonds, incidental changes to permits and termination of jurisdiction (this package contains changes approved by the Land Quality Advisory Board on Apr.12, 2001). This revised package now requires approval by the Environmental Quality Council. A public hearing to receive comments on this rule package will be held Dec. 7 at 1:00 p.m. in the Medicine Bow Room of the Outreach School, 1731 Fraternity Row, Laramie, WY. See http://deq.state.wy.us/lqd/Events/1-Osoprtoeqc5-22.pdf2.pdf 

  • Draft Voluntary Remediation Program guidance documents available at http://deq.state.wy.us/volremedi/info.htm 

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

INTERNATIONAL
large red bar graphic

red bar graphic GENERAL



  • The Business Action for Sustainable Development rejected South Africa's appeal for private sector funding for next year's World Summit on Sustainable Development in Johannesburg, calling on governments to pay for the summit instead. "If business were to provide core funding, this would feed all the suspicions about business, inevitably leading to charges that it was exerting undue influence," Mark Moody-Stuart, chairman of the business association coalition, said. "For business, success at Johannesburg would be if other parties told us that they understood the contribution that business can make and asked, 'How can we work with business to make it happen?'" See http://www.iccwbo.org/Basd/articles/press_release.asp 

  • A little-noticed survey released in Beijing in mid-August reveals that China's water situation is far more serious than realized, according to the Earth Policy Institute. The water table under the North China Plain, which produces over half of China's wheat and a third of its corn, is falling faster than thought. See http://www.earth-policy.org/Updates/Update1.htm 

  • A European Union report suggests genetically engineered foods may actually be safer than regular foods. Research does not indicate "any new risks to human health or the environment, beyond the usual uncertainties of conventional plant breeding," according to the report. "Indeed, the use of more precise technology and the greater regulatory scrutiny probably make them safer than conventional plants and foods." The commission said no unexpected environmental impacts have surfaced yet, although if they did, "these should be rapidly detected by existing monitoring systems."

  • A large elephant relocation program was begun in South Africa, with former President Nelson Mandela kicking off a program that will allow 1,000 elephants over the next two years to settle in what will be Africa's largest transnational game park. The park, which is slated to open in 2003, will encompass portions of  South Africa, Zimbabwe, and Mozambique.

  • An aerial monitoring program is set to begin in the Amazon rainforest. See http://www.guardian.co.uk/international/story/0,3604,565714,00.html 

  • Global International Waters Assessment (GIWA), a U.N. Environment Program-led initiative, issued a report on the Black Sea, noting that "in the past 25 to 30 years, the Black Sea has been transformed from a diverse ecosystem supporting varied marine life to a plankton one, environmental conditions unsuitable for most organisms higher in the food chain." See http://www.unep.org/Documents/Default.asp?DocumentID=219&ArticleID=2937  

  • At the Reykjavik Conference on Responsible Fisheries in the Marine Ecosystem, overfishing is the primary cause of a decrease in fish stocks. According to the U.N. Food and Agriculture Organization, fish production increased from 19 million tons in 1950 to 130 million tons in 2000. Fifty percent of all fishery resources are being fully utilized at present and only 25 percent still hold potential to be exploited. See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0158.htm 

  • Canada's Environment and Sustainable Development Commissioner, Johanne Gelinas, said that her government is not "ready to face the environmental and sustainable development challenges" affecting the Great Lakes. In an annual report, she criticized the government for inadequate funding and for an absence of recovery plans. See http://www.oag-bvg.gc.ca/environment But a new report suggests that the Great Lakes are not so bad off as thought. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1584000/1584118.stm 

  • Europe's Council of Ministers agreed to prohibit the manufacture, sale, and marketing of penta-BDE, a flame retardant found to bioaccumulate in humans. 

  • The U.S. signed an agreement with the Philippines allowing shipment of hazardous wastes from semiconductor plants to the U.S. 

  • The European Union objected to draft World Trade Organization language on the role of the environment in trade negotiations and agreements. One of the areas of disagreement concerns the role of the Precautionary Principle. 

  • The North American Commission for Environmental Cooperation dismissed a citizen submission that alleged failure on the part of the United States in its enforcement of Clean Air Act provisions concerning mercury and dioxin emissions from municipal and medical waste incinerators. The amended submission alleged that the United States is failing to effectively enforce inspection and monitoring requirements for incinerators emitting dioxin and mercury. It further contended that the United States is violating a provision requiring EPA in certain circumstances to notify individual states that they must reduce pollutants--in this case, dioxin and mercury emissions--that have adverse impacts in Canada. See http://www.cec.org/citizen/index.cfm?varlan=english 

  • France's Agriculture Minister, Jean Glavany, said the government will prohibit the sale of triazine-based herbicides by late 2002, with a complete ban on use in effect by 2003. 

  • The European Parliament recommended that the Council of Ministers approve incorporation of the Beijing Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. 

  • A draft European Union liability directive, in development for several years, remained caught up in disputes over the mention of genetically modified organisms. 

  • Environment Canada proposed to include hexachlorobenzene and benzidine in a list of banned chemicals. See http://canada.gc.ca/gazette/part1/pdf/g113539.pdf 

  • A Japanese scientist told the BBC that his country could kill about four times more minke whales than at present for at least a century without endangering the species. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1578000/1578812.stm He said there are too many of them and that they may be consuming important fish stocks.

  • Norway protested the U.K.'s decision to open a fuel manufacturing plant at the controversial Sellafield facility. See http://odin.dep.no/md/engelsk/topics/p10001492/p10001494/022021-110003/index-dok000-b-n-a.html 

  • The U.N. Food and Agriculture Organization, in a report, said that deforestation continues to be a serious problem in Africa and South America. "The countries with the highest net loss of forest area between 1990 and 2000 were Argentina, Brazil, the Democratic Republic of Congo, Indonesia, Myanmar, Mexico, Nigeria, the Sudan, Zambia and Zimbabwe. Those with the highest net gain of forest area during this period were China, Belarus, Kazakhstan, the Russian Federation and the United States." See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0161.htm 

  • Similarly, the U.N. Economic Commission for Europe reported on the state of forests in Europe. See http://www.unece.org/press/pr2001/01tim02e.htm  

  • The World Congress on Conservation Agriculture noted that the use of ploughs and tractors in developing countries, and the use of more sophisticated farming equipment in industrialized countries, contributes to land degradation and erosion. Conservation agriculture techniques were discussed. See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0159.htm 

  • A report issued by a French agency, "GMOs and Agriculture: Options for Public Action," created a controversy because of its conclusion that the use of genetically modified organisms is "inevitable" and "unavoidable." 

  • Research on Agent Orange suggests that it continues to affect citizens of Vietnam, including those born well after the spraying ceased. 

  • The U.K's Environment Agency issued a report calling for increased fines for environmental violations. See http://www.environment-agency.gov.uk 

red bar graphic  CLIMATE CHANGE



  • European industrial groups continued to oppose a program for emission trading, claiming that industrial targets for greenhouse gas emissions would put them at a competitive disadvantage. The proposal has been modified, e.g., by extending the compliance deadline to 2008, but the objections remain. The amended proposal also contains concessions that halve proposed fines against firms that do not meet their quotas, allow the commission to exempt certain sectors temporarily, and enable member states to give firms extra emissions credits in special market conditions. The plan is intended to create the world's first international carbon dioxide emissions marketplace by 2005. Oil refineries, power stations, steel works, ore smelters, and other manufacturing industries would be covered by the plan. Separately, disagreement continued over the extent to which the use of biofuels should be promoted through tax incentives or other means.

  • The U.N. Intergovernmental Panel on Climate Change issued a draft synthesis report. The Seventh Conference remains scheduled for Oct. 29-Nov. 9 in Marrakech. See http://unfccc.int/press/prel2001/pressrel091001.pdf 

  • New Zealand issued a report endorsing a variety of emission reduction targets. See http://www.eeca.govt/nz/default2.asp?Target=strategy/introduction.html The country also agreed to take on, as refugees, a certain number of inhabitants of the island nation of Tuvalu, due to rising waters. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1581000/1581457.stm